[Federal Register Volume 79, Number 180 (Wednesday, September 17, 2014)]
[Notices]
[Pages 55859-55864]
[FR Doc No: 2014-22163]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-73081; File No. SR-NYSEArca-2014-20]

Self-Regulatory Organizations; NYSE Arca, Inc.; Order Granting
Approval of Proposed Rule Change, as Modified by Amendment Nos. 3 and
5, Relating to the Listing and Trading of Shares of Reality Shares DIVS
ETF under NYSE Arca Equities Rule 8.600

September 11, 2014.

I. Introduction

    On February 25, 2014, NYSE Arca, Inc. (``Exchange'') filed with the
Securities and Exchange Commission (``Commission''), pursuant to
Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\
and Rule 19b-4 thereunder,\2\ a proposed rule change to list and trade
shares (``Shares'') of Reality Shares DIVS ETF (``Fund'') under NYSE
Arca Equities Rule 8.600. On March 7, 2014, the Exchange filed
Amendment No. 2 to the proposed rule change, which amended and replaced
the proposed rule change in its entirety.\3\ The proposed rule change,
as modified by Amendment No. 2, was published for comment in the
Federal Register on March 17, 2014.\4\ The Commission received no
comments on the proposal. On April 23, 2014, pursuant to Section
19(b)(2) of the Act,\5\ the Commission designated a longer period
within which to either approve the proposed rule change, disapprove the
proposed rule change, or institute proceedings to determine whether to
disapprove the proposed rule change.\6\ On May 27, 2014, the Exchange
submitted Amendment No. 3 to the proposed rule change.\7\ On June 5,
2014, the Exchange filed Amendment No. 5 to the proposed rule
change.\8\ On June 9, 2014, the Commission published notice of
Amendment Nos. 3 and 5 and instituted proceedings to determine whether
to approve or disapprove the proposed rule change, as modified by
Amendment Nos. 3 and 5.\9\ The Commission received no comments on the
proposal, as modified by Amendment Nos. 3 and 5. This order grants
approval of the proposed rule change, as modified by Amendment Nos. 3
and 5.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Amendment No. 1 was filed on March 6, 2014 and withdrawn on
March 7, 2014.
    \4\ See Securities Exchange Act Release No. 71686 (March 11,
2014), 79 FR 14761.
    \5\ 15 U.S.C. 78s(b)(2).
    \6\ Securities Exchange Act Release No. 72000 (April 23, 2014),
79 FR 24032 (April 29, 2014). The Commission determined that it was
appropriate to designate a longer period within which to take action
on the proposed rule change so that it has sufficient time to
consider the proposed rule change. Accordingly, the Commission
designated June 13, 2014 as the date by which it should approve,
disapprove, or institute proceedings to determine whether to
disapprove the proposed rule change.
    \7\ Amendment No. 3 replaced SR-NYSEArca-2014-20, as previously
amended by Amendment No. 2, and superseded such filing in its
entirety.
    \8\ Amendment No. 5 was technical in nature and changed the name
of the Fund, and all related references in the filing, from
``Reality Shares Isolated Dividend Growth ETF'' to ``Reality Shares
DIVS ETF.'' Amendment No. 4 was filed by the Exchange on June 4,
2014 and withdrawn on June 5, 2014.
    \9\ See Securities Exchange Act Release No. 72347, 79 FR 33964
(June 13, 2014) (``Notice and Order'').
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II. Description of the Proposed Rule Change

    The Exchange has made the following representations and statements
in describing the Fund and its investment strategies, including other
portfolio holdings and investment restrictions.\10\
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    \10\ The Commission notes that additional information regarding
the Trust, the Fund, and the Shares, including investment
strategies, risks, net asset value (``NAV'') calculation, creation
and redemption procedures, fees, portfolio holdings disclosure
policies, distributions, and taxes, among other information, is
included in the Notice and the Registration Statement, as
applicable. See Notice and Order and Registration Statement, supra
note 9 and infra note 11, respectively.
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General

    The Fund will be an actively-managed exchange-traded fund
(``ETF''). The Shares of the Fund will be offered by the Reality Shares
ETF Trust (formerly, the ERNY Financial ETF Trust) (``Trust''). The
Trust will be registered with the Commission as an open-end management
investment company.\11\ Reality Shares Advisors, LLC (formerly, ERNY
Financial Advisors, LLC) will serve as the investment adviser to the
Fund (``Adviser'').\12\ ALPS Distributors, Inc. will be the principal
underwriter and distributor of the Fund's Shares. The Bank of New York
Mellon will serve as administrator, custodian, and transfer agent for
the Fund.
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    \11\ The Trust will be registered under the Investment Company
Act of 1940 (15 U.S.C. 80a-1) (``1940 Act''). According to the
Exchange, on November 12, 2013, the Trust filed a registration
statement on Form N-1A under the Securities Act of 1933 (``1933
Act'') (15 U.S.C. 77a), and under the 1940 Act relating to the Fund,
as amended by Pre-Effective Amendment Number 1, filed with the
Commission on February 6, 2014 (File Nos. 333-192288 and 811-22911)
and Pre-Effective Amendment Number 2, filed with the Commission on
May 1, 2014 (File Nos. 333-192288 and 811-22911) (``Registration
Statement''). According to the Exchange, the Commission has issued
an order granting certain exemptive relief to the Trust under the
1940 Act. Investment Company Act Release No. 30552 (June 10, 2013)
(``Exemptive Order''). According to the Exchange, 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. 812-14146), on April 5, 2013, as amended on May
10, 2013 (``Exemptive Application''). The Exchange represents that
investments made by the Fund will comply with the conditions set
forth in the Exemptive Application and the Exemptive Order.
    \12\ The Exchange states that the Adviser is not registered as a
broker-dealer and is not affiliated with any broker-dealers. In
addition, the Exchange states that in the event (a) the Adviser or
any sub-adviser becomes registered as a broker-dealer or newly
affiliated with a broker-dealer, or (b) any new adviser or sub-
adviser is a registered broker-dealer or becomes affiliated with a
broker-dealer, such adviser or sub-adviser will implement a fire
wall with respect to its relevant personnel or broker-dealer
affiliate regarding access to information concerning the composition
and changes to the portfolio, and such adviser or sub-adviser will
be subject to procedures designed to prevent the use and
dissemination of material non-public information regarding the
portfolio.
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Investment Strategies

    The Fund is actively managed by the Adviser and seeks long-term
capital appreciation by using proprietary trading strategies designed
to isolate and capture the growth in the level of dividends expected to
be paid on a portfolio of large-capitalization equity securities listed
for trading in the U.S., Europe, and Japan,\13\ while attempting to
minimize the Fund's exposure to the price fluctuations associated with
such securities.\14\ The Adviser believes that, over time, the level of
expected dividends reflected in the Fund's portfolio will be highly
correlated to the level of actual dividends paid on such large
capitalization securities.
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    \13\ The Exchange states that the Adviser considers U.S. large
capitalization companies to be those with market capitalizations
within the range of market capitalizations of the companies included
in the S&P 500 Index. The Adviser considers European large
capitalization companies to be those with market capitalizations
within the range of market capitalizations of the companies included
in the Euro Stoxx 50 Index. The Adviser considers Japanese large
capitalization companies to be those with market capitalizations
within the range of market capitalizations of the companies included
in the Nikkei 225 Index.
    \14\ The Exchange states that there is no guarantee that either
the level of overall dividends paid by such companies will grow over
time, or that the Fund's investment strategies will capture such
growth. The Exchange represents that the Fund will include
appropriate risk disclosure in its offering documents disclosing
both of these risks.
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    Under normal market conditions,\15\ and as further described below,
the

Fund will invest substantially all of its assets in (i) a combination
of exchange-listed options contracts on large capitalization equity
indexes and exchange-listed options contracts on exchange traded funds
(``ETFs'') \16\ designed to track the performance of large
capitalization equity securities listed for trading in the U.S.,
Europe, or Japan, as well as (ii) derivatives, including swaps,
exchange-listed futures contracts, and forward contracts, designed to
capture the growth of the level of dividends expected to be paid on
large capitalization equity securities listed for trading in the U.S.,
Europe, and Japan. In addition to the investments described above, the
Fund may also buy and sell over-the counter (``OTC'') options on
indexes of large-capitalization U.S., European, and Japanese equity
securities listed for trading in the U.S., Europe, and Japan, such as
the S&P 500 Index, the Euro Stoxx 50 Index, and the Nikkei 225 Index,
and listed and OTC options on the securities, or any group of
securities, issued by large capitalization U.S., European, and Japanese
companies.\17\
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    \15\ The term ``under normal market conditions'' includes, but
is not limited to, the absence of extreme volatility or trading
halts in the equity markets or the financial markets generally;
operational issues causing dissemination of inaccurate market
information; or force majeure type events such as systems failure,
natural or man-made disaster, act of God, armed conflict, act of
terrorism, riot or labor disruption or any similar intervening
circumstance.
    \16\ For purposes of this proposed rule change, ETFs include
Investment Company Units (as described in NYSE Arca Equities Rule
5.2(j)(3)), Portfolio Depositary Receipts as described in NYSE Arca
Equities Rule 8.100, and Managed Fund Shares (as described in NYSE
Arca Equities Rule 8.600). The ETFs all will be listed and traded in
the U.S. on registered exchanges. While the Fund may invest in
inverse ETFs, it may not invest in leveraged or inverse leveraged
(e.g., 2X, -2X, 3X or -3X) ETFs.
    \17\ The Fund will transact only with OTC options dealers that
have in place an International Swaps and Derivatives Association
(``ISDA'') agreement with the Fund.
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    The Fund will buy (i.e., hold a ``long'' position in) and sell
(i.e., hold a ``short'' position in) put and call options.\18\ The Fund
will invest in a combination of put and call options designed to allow
the Fund to isolate its exposure to the growth of the level of
dividends expected to be paid on a portfolio of securities issued by
large capitalization companies listed for trading in the United States,
Europe, and Japan, while minimizing the Fund's exposure to changes in
the trading price of such securities. The Fund may invest up to 80% of
its assets through options transactions.
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    \18\ A put option gives the purchaser of the option the right to
sell, and the issuer of the option the obligation to buy, the
underlying security or instrument on a specified date or during a
specified period of time. A call option on a security gives the
purchaser of the option the right to buy, and the writer of the
option the obligation to sell, the underlying security or instrument
on a specified date or during a specified period of time.
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    The prices of index and ETF options reflect the market trading
prices of the securities included in the applicable index or securities
held by the applicable ETF, as well as market expectations regarding
the level of dividends to be paid on such indexes or ETFs during the
term of the option. A significant portion of the Fund's portfolio
holdings will consist of multiple corresponding near-term and long-term
put and call option combinations on the same reference assets (e.g.,
options on the S&P 500 Index or options on S&P 500 ETFs) with the same
strike price. Because option prices reflect both stock price and
dividend expectations, they can be used in combination to isolate
either price exposure or dividend expectations. The use of near-term
and long-term put and call option combinations on the same reference
asset with the same strike price, but with different maturities, is
designed to gain exposure to the level of dividends expected to be paid
on a portfolio of large-capitalization equity securities listed for
trading in the U.S., Europe, and Japan, while attempting to minimize
the Fund's exposure to the price fluctuations associated with these
securities.
    Once established, this portfolio construction of option
combinations will accomplish two goals. First, the use of corresponding
buy or sell positions on near and long-term options at the same strike
price is designed to neutralize underlying stock price movements. In
other words, the corresponding ``buy'' and ``sell'' positions on the
same reference asset are designed to net against each other and
eliminate the impact that changes to the stock price of the reference
asset would otherwise have on the value of the Fund Shares. Second, by
minimizing the impact of price fluctuations through the construct of
the near- and long-term contract combinations, the strategy is designed
to isolate market expectations for dividends implied between expiration
dates of the near-term and long-term option contracts.
    The Fund may invest in exchange-listed futures contracts and
forward contracts based on indexes of large-capitalization U.S.,
European, and Japanese equity securities listed for trading in the
U.S., Europe, or Japan, such as the S&P 500 Index, the Euro Stoxx 50
Index, and the Nikkei 225 Index, and the securities, or any group of
securities, issued by large capitalization U.S., European, and Japanese
companies.\19\ The Fund's use of listed futures contracts and forward
contracts will be designed to allow the Fund to isolate its exposure to
the growth of the level of the dividends expected to be paid on a
portfolio of securities of large capitalization U.S., European, and
Japanese companies, while minimizing the Fund's exposure to changes in
the trading price of such securities. As with option contracts, the
prices of equity index futures contracts and forward contracts reflect
the market trading prices of the securities included in the applicable
index, as well as market expectations regarding the level of dividends
to be paid on such indexes during the term of such futures or forward
contract. Therefore, as with option contracts, long and short positions
in near-dated and far-dated futures and forward contracts can be used
in combination to isolate either price exposure or dividend
expectations. For example, as with option contracts, the use of long
and short positions in near-dated and far-dated futures and forward
contracts can be used to gain exposure to the level of dividends
expected to be paid on a portfolio of securities, while attempting to
minimize the Fund's exposure to the price fluctuations associated with
such securities. In addition, the Fund may invest in listed dividend
futures contracts. Listed dividend futures contracts are available for
certain indices (such as EURO STOXX 50 Index Dividend Futures and
Nikkei 225 Dividend Index Futures). These futures contracts provide
direct exposure to the level of implied dividends in the designated
index, without exposure to the price of the securities included in the
index. The Fund also may invest in Eurodollar futures contracts to
manage or hedge exposure to interest rate fluctuations. The Fund may
invest up to 80% of its assets through futures contracts and forward
transactions.
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    \19\ A listed futures contract is a standardized contract traded
on a recognized exchange in which two parties agree to exchange
either a specified financial asset or the cash equivalent of said
asset at a specified future date and price. A forward contract
involves the obligation to purchase or sell either a specified
financial asset or the cash equivalent of said asset at a future
date at a price set at the time of the contract.
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    The Fund may enter into dividend and total return swap transactions
(including equity swap transactions) based on indexes of large-
capitalization U.S., European, and Japanese equity securities listed
for trading in the U.S., Europe, and Japan, such as the S & P 500
Index, the Euro Stoxx 50 Index, and the Nikkei 225 Index, and
securities, or any group of securities, issued by large

capitalization U.S., European, and Japanese companies.\20\ In a typical
swap transaction, one party agrees to make periodic payments to another
party (``counterparty'') based on the change in market value or level
of a specified rate, index, or asset. In return, the counterparty
agrees to make periodic payments to the first party based on the return
of a different specified rate, index, or asset. Swap transactions are
usually done on a net basis, the Fund receiving or paying only the net
amount of the two payments. In a typical dividend swap transaction, the
Fund would pay the swap counterparty a premium and would be entitled to
receive the value of the actual dividends paid on the subject index
during the term of the swap contract. In a typical total return swap,
the Fund might exchange long or short exposures to the return of the
underlying securities or an underlying index to isolate the value of
the dividends paid on the underlying securities or index constituents.
The Fund also may engage in interest rate swap transactions. In a
typical interest rate swap transaction one stream of future interest
payments is exchanged for another. Such transactions often take the
form of an exchange of a fixed payment for a variable payment based on
a future interest rate. The Fund intends to use interest rate swap
transactions to manage or hedge exposure to interest rate fluctuations.
The Fund may invest up to 80% of its assets through swap
transactions.\21\
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    \20\ The Fund will transact only with swap dealers that have in
place an ISDA agreement with the Fund.
    \21\ Where practicable, the Fund intends to invest in swaps
cleared through a central clearing house (``Cleared Swaps'').
Currently, only certain of the interest rate swaps in which the Fund
intends to invest are Cleared Swaps, while the dividend and total
return swaps (including equity swaps) in which the Fund may invest
are currently not Cleared Swaps.
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    The Fund will attempt to limit counterparty risk by entering into
non-cleared swap, forward, and option contracts only with
counterparties the Adviser believes are creditworthy and by limiting
the Fund's exposure to each counterparty. The Adviser will monitor the
creditworthiness of each counterparty and the Fund's exposure to each
counterparty on an ongoing basis.\22\
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    \22\ The Fund will seek, where possible, to use counterparties,
as applicable, whose financial status is such that the risk of
default is reduced; however, the risk of losses resulting from
default is still possible. The Adviser will evaluate the
creditworthiness of counterparties on an ongoing basis. In addition
to information provided by credit agencies, the Adviser will
evaluate each approved counterparty using various methods of
analysis, such as, for example, the counterparty's liquidity in the
event of default, the counterparty's reputation, the Adviser's past
experience with the counterparty, and the counterparty's share of
market participation.
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    The Fund's investments in swaps, futures contracts, forward
contracts, and options will be consistent with the Fund's investment
objective and with the requirements of the 1940 Act.\23\
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    \23\ To limit the potential risk associated with such
transactions, the Fund will segregate or ``earmark'' assets
determined to be liquid by the Adviser in accordance with procedures
established by the Trust's Board of Trustees and in accordance with
the 1940 Act (or, as permitted by applicable regulation, enter into
certain offsetting positions) to cover its obligations arising from
such transactions. These procedures have been adopted consistent
with Section 18 of the 1940 Act and related Commission guidance. In
addition, the Fund will include appropriate risk disclosure in its
offering documents, including leveraging risk. Leveraging risk is
the risk that certain transactions of the Fund, including the Fund's
use of derivatives, may give rise to leverage, causing the Fund to
be more volatile than if it had not been leveraged. To mitigate
leveraging risk, the Adviser will segregate or ``earmark'' liquid
assets or otherwise cover the transactions that may give rise to
such risk.
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Other Investments and Investment Restrictions

    In addition to the investments described above, the Fund may invest
up to 20% of its net assets in high-quality, short-term debt securities
and money market instruments.\24\ Debt securities and money market
instruments include shares of fixed income or money market mutual
funds, commercial paper, certificates of deposit, bankers' acceptances,
U.S. Government securities (including securities issued or guaranteed
by the U.S. government or its authorities, agencies, or
instrumentalities), repurchase agreements\25\ and bonds that are rated
BBB or higher.
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    \24\ The Fund may invest in shares of money market mutual funds
to the extent permitted by the 1940 Act.
    \25\ The Fund may enter into repurchase agreements with banks
and broker-dealers. A repurchase agreement is an agreement under
which securities are acquired by a fund from a securities dealer or
bank subject to resale at an agreed upon price on a later date. The
acquiring fund bears a risk of loss in the event that the other
party to a repurchase agreement defaults on its obligations and the
fund is delayed or prevented from exercising its rights to dispose
of the collateral securities.
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    The Fund will not purchase the securities of issuers conducting
their principal business activity in the same industry if, immediately
after the purchase and as a result thereof, the value of the Fund's
investments in that industry would equal or exceed 25% of the current
value of the Fund's total assets, provided that this restriction does
not limit the Fund's: (i) Investments in securities of other investment
companies, (ii) investments in securities issued or guaranteed by the
U.S. government, its agencies or instrumentalities, or (iii)
investments in repurchase agreements collateralized by U.S. Government
securities.
    The Fund may hold up to an aggregate amount of 15% of its net
assets in illiquid assets (calculated at the time of investment),
including Rule 144A securities deemed illiquid by the Adviser,
consistent with Commission guidance.\26\ The Fund will monitor its
portfolio liquidity on an ongoing basis to determine whether, in light
of current circumstances, an adequate level of liquidity is being
maintained, and will consider taking appropriate steps in order to
maintain adequate liquidity if, through a change in values, net assets,
or other circumstances, more than 15% of the Fund's net assets are held
in illiquid assets. Illiquid assets include securities subject to
contractual or other restrictions on resale and other instruments that
lack readily available markets as determined in accordance with
Commission staff guidance.
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    \26\ In reaching liquidity decisions, the Adviser may consider
the following factors: The frequency of trades and quotes for the
security; the number of dealers wishing to purchase or sell the
security and the number of other potential purchasers; dealer
undertakings to make a market in the security; and the nature of the
security and the nature of the marketplace in which it trades (e.g.,
the time needed to dispose of the security, the method of soliciting
offers, and the mechanics of transfer).
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    The Fund may buy and sell individual large-capitalization equity
securities listed for trading in the U.S., Europe, and Japan.
    The Fund may invest in the securities of other investment companies
(including money market funds) to the extent permitted under the 1940
Act.
    The Fund's investments will be consistent with its investment
objective and will not be used to provide multiple returns of a
benchmark or to produce leveraged returns. The Fund's investments will
not be used to seek performance that is the multiple or inverse
multiple (i.e., 2Xs and 3Xs) of the Fund's primary broad-based
securities benchmark index (as defined in Form N-1A).\27\
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    \27\ The Fund's broad-based securities benchmark index will be
identified in a future amendment to the Registration Statement
following the Fund's first full calendar year of performance.
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    The Trust's Exemptive Order does not place any limit on the amount
of derivatives in which the Fund can invest (other than adherence to
the requirements of the 1940 Act and the rules thereunder).

III. Discussion and Commission's Findings

    After careful review, the Commission finds that the proposed rule
change, as modified by Amendment Nos. 3 and 5,

is consistent with the requirements of Section 6 of the Act \28\ and
the rules and regulations thereunder applicable to a national
securities exchange.\29\ In particular, the Commission finds that the
proposal is consistent with Section 6(b)(5) of the Act,\30\ which
requires, among other things, that the Exchange's rules be designed 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. The Commission notes that the Fund and the Shares must comply
with the initial and continued listing requirements of NYSE Arca
Equities Rule 8.600 to be listed and traded on the Exchange.
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    \28\ 15 U.S.C. 78f.
    \29\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \30\ 15 U.S.C. 78f(b)(5).
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    The Commission finds that the proposal to list and trade the Shares
on the Exchange is consistent with Section 11A(a)(1)(C)(iii) of the
Act,\31\ which sets forth Congress' finding that it is in the public
interest and appropriate for the protection of investors and the
maintenance of fair and orderly markets to assure the availability to
brokers, dealers, and investors of information with respect to
quotations for, and transactions in, securities. Quotation and last
sale information for the Shares will be available via the Consolidated
Tape Association (``CTA'') high-speed line. In addition, the Portfolio
Indicative Value (``PIV''), as defined in NYSE Arca Equities Rule
8.600(c)(3), will be widely disseminated at least every 15 seconds
during the Core Trading Session by one or more major market data
vendors.\32\ On each business day, before commencement of trading in
Shares in the Core Trading Session on the Exchange, the Fund will
disclose on its Web site the Disclosed Portfolio (as such term is
defined in NYSE Arca Equities Rule 8.600(c)(2)) that will form the
basis for the Fund's calculation of NAV at the end of the business
day.\33\ In addition, a portfolio composition file, which includes the
security names and share quantities required to be delivered in
exchange for a Creation Unit of the Fund, together with estimates and
actual cash components, will be publicly disseminated daily prior to
the opening of the New York Stock Exchange, LLC (``NYSE'') via the
National Securities Clearing Corporation. The NAV of the Fund will be
calculated once each business day as of the regularly scheduled close
of trading on the NYSE (normally, 4:00 p.m., Eastern Time).\34\
Information regarding market price and trading volume of the Shares
will be continually available on a real-time basis throughout the day
on brokers' computer screens and other electronic services. Information
regarding the previous day's closing price and trading volume
information for the Shares will be published daily in the financial
section of newspapers. The intra-day, closing, and settlement prices of
the portfolio securities and other Fund investments, including ETFs,
futures, and exchange-traded equities and options, will be readily
available from the national securities exchanges trading such
securities, automated quotation systems, published or other public
sources, and, with respect to OTC options, swaps, and forwards, from
third party pricing sources, or on-line information services such as
Bloomberg or Reuters. Price information regarding investment company
securities other than ETFs will be available from on-line information
services and from the Web site for the applicable investment company
security. The intra-day, closing, and settlement prices of debt
securities and money market instruments will be readily available from
published and other public sources or on-line information services. The
Fund's Web site will include a form of the prospectus for the Fund and
additional data relating to NAV and other applicable quantitative
information.
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    \31\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
    \32\ According to the Exchange, several major market data
vendors display or make widely available Portfolio Indicative Values
published on CTA or other data feeds.
    \33\ On a daily basis, the Fund will disclose on the Fund's Web
site the following information regarding each portfolio holding, as
applicable to the type of holding: Ticker symbol, CUSIP number or
other identifier, if any; a description of the holding (including
the type of holding, such as the type of swap); the identity of the
security, commodity, index or other asset or instrument underlying
the holding, if any; for options, the option strike price; quantity
held (as measured by, for example, par value, notional value or
number of shares, contracts or units); maturity date, if any; coupon
rate, if any; effective date, if any; market value of the holding;
and the percentage weighting of the holding in the Fund's portfolio.
The Web site information will be publicly available at no charge.
    \34\ The Fund will calculate its NAV by: (i) Taking the current
market value of its total assets; (ii) subtracting any liabilities;
and (iii) dividing that amount by the total number of Shares
outstanding. According to the Exchange, the Trust will generally
value exchange-listed equity securities (which include common stocks
and ETFs) and exchange-listed options on such securities at market
closing prices. Market closing price is generally determined on the
basis of last reported sales prices, or if no sales are reported,
based on the midpoint between the last reported bid and ask. The
Trust will generally value listed futures at the settlement price
determined by the applicable exchange. Non-exchange-traded
derivatives, such as forwards, OTC options, and swap transactions,
will normally be valued on the basis of quotations or equivalent
indication of value supplied by an independent pricing service or
major market makers or dealers. Investment company securities (other
than ETFs) will be valued at NAV. Debt securities and money market
instruments generally will be valued based on prices provided by
independent pricing services, which may use valuation models or
matrix pricing to determine current value. The Trust generally will
use amortized cost to value debt securities and money market
instruments that have a remaining maturity of 60 days or less. In
the event that current market valuations are not readily available
or the Trust or Adviser believes such valuations do not reflect
current market value, the Trust's procedures require that a
security's fair value be determined. In determining such value the
Trust or the Adviser may consider, among other things, (i) price
comparisons among multiple sources, (ii) a review of corporate
actions and news events, and (iii) a review of relevant financial
indicators (e.g., movement in interest rates, market indices, and
prices from the Fund's index providers). In these cases, the Fund's
NAV may reflect certain portfolio securities' fair values rather
than their market prices. Fair value pricing involves subjective
judgments and it is possible that the fair value determination for a
security is materially different than the value that could be
realized upon the sale of the security.
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    The Commission further believes that the proposal to list and trade
the Shares is reasonably designed to promote fair disclosure of
information that may be necessary to price the Shares appropriately and
to prevent trading when a reasonable degree of transparency cannot be
assured. The Exchange will obtain a representation from the issuer of
the Shares that the NAV per Share will be calculated daily and that the
NAV and the Disclosed Portfolio will be made available to all market
participants at the same time. Trading in Shares of a Fund will be
halted if the circuit breaker parameters in NYSE Arca Equities Rule
7.12 have been reached or because of market conditions or for reasons
that, in the view of the Exchange, make trading in the Shares
inadvisable,\35\ and trading in the Shares will be subject to NYSE Arca
Equities Rule 8.600(d)(2)(D), which sets forth additional circumstances
under which trading in the Shares of a Fund may be halted. The Exchange
states that it has a general policy prohibiting the distribution of
material, non-public information by its employees. Consistent with NYSE
Arca Equities Rule 8.600(d)(2)(B)(ii), the Reporting Authority must
implement and maintain, or be subject to, procedures

designed to prevent the use and dissemination of material, non-public
information regarding the actual components of the Fund's portfolio. In
addition, the Exchange states that the Adviser is not registered as a
broker-dealer and is not affiliated with a broker-dealer.\36\ The
Exchange represents that trading in the Shares will be subject to the
existing trading surveillances, administered by the Financial Industry
Regulatory Authority (``FINRA'') on behalf of the Exchange, which are
designed to detect violations of Exchange rules and applicable federal
securities laws.\37\ The Exchange further 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. Moreover, prior to the commencement of trading, the Exchange
states that it will inform its Equity Trading Permit Holders in an
Information Bulletin of the special characteristics and risks
associated with trading the Shares.
---------------------------------------------------------------------------

    \35\ These reasons may include: (1) The extent to which trading
is not occurring in the securities and/or the financial instruments
composing the Disclosed Portfolio of the Fund; or (2) whether other
unusual conditions or circumstances detrimental to the maintenance
of a fair and orderly market are present. 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.
    \36\ See supra note 12. The Exchange states that an investment
adviser to an open-end fund is required to be registered under the
Investment Advisers Act of 1940 (``Advisers Act''). As a result, the
Adviser and its related personnel are 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 violation, 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.
    \37\ The Exchange states that FINRA surveils trading on the
Exchange pursuant to a regulatory services agreement and that the
Exchange is responsible for FINRA's performance under this
regulatory services agreement.
---------------------------------------------------------------------------

    The Exchange represents that the Shares are deemed to be equity
securities, thus rendering trading in the Shares subject to the
Exchange's existing rules governing the trading of equity securities.
In support of this proposal, the Exchange has made representations,
including the following:
    (1) The Shares will conform to the initial and continued listing
criteria under NYSE Arca Equities Rule 8.600, which governs Managed
Fund Shares.
    (2) The Exchange has appropriate rules to facilitate transactions
in the Shares during all trading sessions.
    (3) FINRA, on behalf of the Exchange, will communicate as needed
regarding trading in the Shares, exchange-listed equity securities,
ETFs, futures contracts, and exchange-traded options contracts with
other markets and other entities that are members of the Intermarket
Surveillance Group (``ISG''), and FINRA, on behalf of the Exchange, may
obtain trading information regarding trading in the Shares, exchange-
listed equity securities, ETFs, futures contracts, and exchange-traded
options contracts from such markets and other entities. In addition,
the Exchange may obtain information regarding trading in the Shares,
exchange-listed equity securities, ETFs, futures contracts, and
exchange-traded options contracts from markets and other entities that
are members of ISG or with which the Exchange has in place a
comprehensive surveillance sharing agreement. FINRA, on behalf of the
Exchange, will be able to access, as needed, trade information for
certain fixed income securities held by the Fund reported to FINRA's
Trade Reporting and Compliance Engine (``TRACE'').
    (4) Prior to the commencement of trading, the Exchange will inform
its members in an Information Bulletin of the special characteristics
and risks associated with trading the Shares. Specifically, the
Information Bulletin will discuss the following: (a) The procedures for
purchases and redemptions of Shares in creation unit aggregations (and
that Shares are not individually redeemable); (b) NYSE Arca Equities
Rule 9.2(a), which imposes a duty of due diligence on its ETP Holders
to learn the essential facts relating to every customer prior to
trading the Shares; (c) the risks involved in trading the Shares during
the Opening and Late Trading Sessions when an updated PIV will not be
calculated or publicly disseminated (d) how information regarding the
PIV is disseminated; (e) the requirement that ETP Holders deliver a
prospectus to investors purchasing newly issued Shares prior to or
concurrently with the confirmation of a transaction; and (f) trading
information.
    (5) For initial and continued listing, the Fund will be in
compliance with Rule 10A-3 under the Act,\38\ as provided by NYSE Arca
Equities Rule 5.3.
---------------------------------------------------------------------------

    \38\ 17 CFR 240.10A-3.
---------------------------------------------------------------------------

    (6) The Fund may hold up to an aggregate amount of 15% of its net
assets in illiquid assets (calculated at the time of investment),
including Rule 144A securities deemed illiquid by the Adviser,
consistent with Commission guidance. The Fund will monitor its
portfolio liquidity on an ongoing basis to determine whether, in light
of current circumstances, an adequate level of liquidity is being
maintained, and will consider taking appropriate steps in order to
maintain adequate liquidity if, through a change in values, net assets,
or other circumstances, more than 15% of the Fund's net assets are held
in illiquid assets.
    (7) Not more than 10% of the assets of the Fund in the aggregate
invested in exchange-traded equity securities shall consist of equity
securities whose principal market is not a member of ISG or is a market
with which the Exchange does not have a comprehensive surveillance
sharing agreement. In addition, not more than 10% of the net assets of
the Fund in the aggregate invested in futures contracts or exchange-
traded options shall consist of futures contracts or options whose
principal market is not a member of ISG or is a market with which the
Exchange does not have a comprehensive surveillance sharing agreement.
    (8) Where practicable, the Fund intends to invest in Cleared Swaps.
    (9) The Fund will attempt to limit counterparty risk by entering
into non-cleared swap, forward, and option contracts only with
counterparties the Adviser believes are creditworthy and by limiting
the Fund's exposure to each counterparty. The Adviser will monitor the
creditworthiness of each counterparty and the Fund's exposure to each
counterparty on an ongoing basis. The Fund will seek, where possible,
to use counterparties, as applicable, whose financial status is such
that the risk of default is reduced; however, the risk of losses
resulting from default is still possible. The Adviser will evaluate the
creditworthiness of counterparties on an ongoing basis. In addition to
information provided by credit agencies, the Adviser will evaluate each
approved counterparty using various methods of analysis, such as, for
example, the counterparty's liquidity in the event of default, the
counterparty's reputation, the Adviser's past experience with the
counterparty, and the counterparty's share of market participation.
    (10) The Fund's investments in swaps, futures contracts, forward
contracts, and options will be consistent with the Fund's investment
objective

and with the requirements of the 1940 Act. To limit the potential risk
associated with such transactions, the Fund will segregate or
``earmark'' assets determined to be liquid by the Adviser in accordance
with procedures established by the Trust's Board of Trustees and in
accordance with the 1940 Act (or, as permitted by applicable
regulation, enter into certain offsetting positions) to cover its
obligations arising from such transactions. These procedures have been
adopted consistent with Section 18 of the 1940 Act and related
Commission guidance. In addition, the Fund will include appropriate
risk disclosure in its offering documents, including leveraging risk.
Leveraging risk is the risk that certain transactions of the Fund,
including the Fund's use of derivatives, may give rise to leverage,
causing the Fund to be more volatile than if it had not been leveraged.
To mitigate leveraging risk, the Adviser will segregate or ``earmark''
liquid assets or otherwise cover the transactions that may give rise to
such risk.
    (11) The Fund's investments will be consistent with its investment
objective and will not be used to provide multiple returns of a
benchmark or to produce leveraged returns. The Fund's investments will
not be used to seek performance that is the multiple or inverse
multiple (i.e., 2Xs and 3Xs) of the Fund's primary broad-based
securities benchmark index (as defined in Form N-1A).
    (12) A minimum of 100,000 Shares will be outstanding at the
commencement of trading on the Exchange.

This approval order is based on all of the Exchange's representations,
including those set forth above and in the Notice and Order, and the
Exchange's description of the Fund.
    For the foregoing reasons, the Commission finds that the proposed
rule change, as modified by Amendment Nos. 3 and 5, is consistent with
Section 6(b)(5) of the Act \39\ and the rules and regulations
thereunder applicable to a national securities exchange.
---------------------------------------------------------------------------

    \39\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\40\ that the proposed rule change (SR-NYSEArca-2014-20), as
modified by Amendment Nos. 3 and 5, be, and it hereby is, approved.
---------------------------------------------------------------------------

    \40\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\41\
---------------------------------------------------------------------------

    \41\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-22163 Filed 9-16-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 155 (Monday, August 16, 2021)]
[Notices]
[Page 45744]
[FR Doc No: 2021-17479]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2021-0625]

Information Collection Request to Office of Management and
Budget; OMB Control Number: 1625-0060

AGENCY: Coast Guard, Homeland Security (DHS).

ACTION: Sixty-day notice requesting comments.

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

SUMMARY: In compliance with the Paperwork Reduction Act of 1995, the
U.S. Coast Guard intends to submit an Information Collection Request
(ICR) to the Office of Management and Budget (OMB), Office of
Information and Regulatory Affairs (OIRA), requesting an extension of
its approval for the following collection of information: 1625-0060,
Vapor Control Systems for Facilities and Tank Vessels; without change.
Our ICR describes the information we seek to collect from the public.
Before submitting this ICR to OIRA, the Coast Guard is inviting
comments as described below.

DATES: Comments must reach the Coast Guard on or before October 15,
2021.

ADDRESSES: You may submit comments identified by Coast Guard docket
number [USCG-2021-0625] to the Coast Guard using the Federal
eRulemaking Portal at https://www.regulations.gov. See the ``Public
participation and request for comments'' portion of the SUPPLEMENTARY
INFORMATION section for further instructions on submitting comments.
    A copy of the ICR is available through the docket on the internet
at https://www.regulations.gov. Additionally, copies are available
from: COMMANDANT (CG-6P), Attn: Paperwork Reduction Act Manager, U.S.
Coast Guard, 2703 Martin Luther King Jr. Ave. SE, Stop 7710,
Washington, DC 20593-7710.

FOR FURTHER INFORMATION CONTACT: A.L. Craig, Office of Privacy
Management, telephone<PHONE_NUMBER>, or fax<PHONE_NUMBER>, for questions
on these documents.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    This notice relies on the authority of the Paperwork Reduction Act
of 1995; 44 U.S.C. chapter 35, as amended. An ICR is an application to
OIRA seeking the approval, extension, or renewal of a Coast Guard
collection of information (Collection). The ICR contains information
describing the Collection's purpose, the Collection's likely burden on
the affected public, an explanation of the necessity of the Collection,
and other important information describing the Collection. There is one
ICR for each Collection.
    The Coast Guard invites comments on whether this ICR should be
granted based on the Collection being necessary for the proper
performance of Departmental functions. In particular, the Coast Guard
would appreciate comments addressing: (1) The practical utility of the
Collection; (2) the accuracy of the estimated burden of the Collection;
(3) ways to enhance the quality, utility, and clarity of information
subject to the Collection; and (4) ways to minimize the burden of the
Collection on respondents, including the use of automated collection
techniques or other forms of information technology.
    In response to your comments, we may revise this ICR or decide not
to seek an extension of approval for the Collection. We will consider
all comments and material received during the comment period.
    We encourage you to respond to this request by submitting comments
and related materials. Comments must contain the OMB Control Number of
the ICR and the docket number of this request, [USCG-2021-0625], and
must be received by October 15, 2021.

Submitting Comments

    We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions. Documents mentioned in this notice, and all public
comments, are in our online docket at https://www.regulations.gov and
can be viewed by following that website's instructions. Additionally,
if you go to the online docket and sign up for email alerts, you will
be notified when comments are posted.
    We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and
submissions in response to this document, see DHS's eRulemaking System
of Records notice (85 FR 14226, March 11, 2020).

Information Collection Request

    Title: Vapor Control Systems for Facilities and Tank Vessels.
    OMB Control Number: 1625-0060.
    Summary: The information is needed to ensure compliance with U.S.
regulations for the design of facility and tank vessel vapor control
systems (VCS). The information is also needed to determine the
qualifications of a certifying entity.
    Need: Title 46 U.S. Code 3703 and 70011 authorizes the Coast Guard
to establish regulations to promote the safety of life and property of
facilities and vessels. Title 33 CFR part 154 subpart P and 46 CFR part
39 contains the Coast Guard regulations for VCS and certifying
entities.
    Forms: None.
    Respondents: Owners and operators of facilities and tank vessels,
and certifying entities.
    Frequency: On occasion.
    Hour Burden Estimate: The estimated burden has decreased from 8,870
hours to 4,409 hours a year due to a decrease in the number of
respondents.
    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. chapter
35, as amended.

    Dated: August 10, 2021.
Kathleen Claffie,
Chief, Office of Privacy Management, U.S. Coast Guard.
[FR Doc. 2021-17479 Filed 8-13-21; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 79, Number 190 (Wednesday, October 1, 2014)]
[Rules and Regulations]
[Pages 59091-59093]
[FR Doc No: 2014-23353]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0164; Directorate Identifier 2014-NE-02-AD;
Amendment 39-17973; AD 2014-19-05]
RIN 2120-AA64

Airworthiness Directives; Turbomeca S.A. Turboshaft Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all
Turbomeca S.A. Arriel 1A1, 1A2, 1B, 1C, 1C1, 1C2, 1D, 1D1, 1E2, 1K1,
1S, 1S1, 2B, 2B1, 2C, 2C1, 2C2, 2S1, and 2S2 turboshaft engines. This
AD requires an initial one-time vibration check of the engine accessory
gearbox (AGB) on certain higher risk Arriel 1 and Arriel 2 model
engines. This AD also requires repetitive vibration checks of the
engine AGB for all Arriel 1 and Arriel 2 engines at every engine shop
visit. This AD was prompted by reports of uncommanded in-flight
shutdowns on Turbomeca S.A. Arriel 1 and Arriel 2 engines following
rupture of the 41-tooth gear forming part of the 41/23-tooth bevel gear
located in the engine AGB. We are issuing this AD to prevent failure of
the engine AGB, which could lead to in-flight shutdown and damage to
the engine, which may result in damage to the aircraft.

DATES: This AD becomes effective November 5, 2014.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of November 5,
2014.

ADDRESSES: For service information identified in this AD, contact
Turbomeca, S.A., 40220 Tarnos, France; phone: 33 (0)5 59 74 40 00;
telex: 570 042; fax: 33 (0)5 59 74 45 15. You may view this service
information at the FAA, Engine & Propeller Directorate, 12 New England
Executive Park, Burlington, MA. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0164; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the mandatory continuing airworthiness information
(MCAI), the regulatory evaluation, any comments received, and other
information. The address for the Docket Office (phone:<PHONE_NUMBER>) is
Document Management Facility, 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: Mark Riley, Aerospace Engineer, Engine
Certification Office, FAA, Engine & Propeller Directorate, 12 New
England Executive Park, Burlington, MA 01803; phone:<PHONE_NUMBER>; fax:
781-238-7199; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to the specified products. The
NPRM was published in the Federal Register on June 4, 2014 (79 FR
32195).

The NPRM proposed to correct an unsafe condition for the specified
products. This AD results from an MCAI originated by an aviation
authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI states:

    Several cases of uncommanded in-flight shut-down (IFSD) have
been reported on ARRIEL 1 or ARRIEL 2 engines following rupture of
the 41-tooth gear forming part of the 41/23 tooth bevel gear located
in the accessory gearbox (AGB) within engine module M01.
    Results of subsequent investigations showed that the meshing
quality of the bevel gear may have contributed to tooth rupture.
    The rupture of the AGB 41-tooth gear may lead to loss of driving
of equipment essential to engine operation.
    This condition if not detected and corrected, could lead to an
uncommanded engine in-flight shut-down and may ultimately lead to an
emergency landing.

Comments

    We gave the public the opportunity to participate in developing
this AD. We considered the comment received.

Request To Provide Sufficient Compliance Time

    One commenter requested that we provide sufficient time to comply
with the AD. The commenter indicated that special tooling, to be
supplied by Turbomeca, is necessary to comply with the AD. The
vibration check itself is also performed by Turbomeca representatives.
    We do not agree. Our analysis has confirmed that 32 months is
sufficient time for operators to complete the actions required by this
AD. We did not change this AD.

Conclusion

    We reviewed the available data, including the comment received, and
determined that air safety and the public interest require adopting
this AD as proposed.

Costs of Compliance

    We estimate that this AD affects 1,268 engines installed on
aircraft of U.S. registry. We also estimate that it will take about 4
hours per engine to comply with the inspection requirement in this AD.
The average labor rate is $85 per hour. Based on these figures, we
estimate the cost of this AD on U.S. operators to be $431,120.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this 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 this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska to the extent
that it justifies making a regulatory distinction, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

Adoption of 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 (AD):

2014-19-05 Turbomeca S.A.: Amendment 39-17973; Docket No. FAA-2014-
0164; Directorate Identifier 2014-NE-02-AD.

(a) Effective Date

    This AD becomes effective November 5, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Turbomeca S.A. Arriel 1A1, 1A2, 1B, 1C,
1C1, 1C2, 1D, 1D1, 1E2, 1K1, 1S, 1S1, 2B, 2B1, 2C, 2C1, 2C2, 2S1,
and 2S2 turboshaft engines.

(d) Reason

    This AD was prompted by reports of uncommanded in-flight
shutdowns on Turbomeca S.A. Arriel 1 and Arriel 2 engines following
rupture of the 41-tooth gear forming the 41/23-tooth bevel gear
located in the engine accessory gearbox (AGB). We are issuing this
AD to prevent failure of the engine AGB, which could lead to in-
flight shutdown and damage to the engine, which may result in damage
to the aircraft.

(e) Actions and Compliance

    Unless already done, do the following.
    (1) For all Turbomeca S.A. Arriel 1B, 1D, 1D1, 2B, and 2B1
turboshaft engines, perform a one-time vibration check of the AGB
41/23-tooth bevel gear meshing within 32 months of the effective
date of this AD, as follows:
    (i) For all Turbomeca S.A. Arriel 1B, 1D, and 1D1 engines,
except those engines with an AGB installed with a serial number (S/
N) listed in Figure 1 of Turbomeca S.A. Mandatory Service Bulletin
(MSB) No. 292 72 0839, Version B, dated November 25, 2013, use
paragraphs 6.A. through 6.C. of Turbomeca S.A. MSB No. 292 72 0839,
Version B, dated November 25, 2013, to perform the vibration check.
Turbomeca S.A. MSB No. 292 72 0839 refers to Turbomeca S.A. Arriel 1
Technical Instruction (TI) No. 292 72 0839, Version E, dated
February 20, 2014, and Turbomeca S.A. Arriel 1 TI No. 292 72 8,
Version A, dated November 29, 2013, which you must also use to do
the vibration check.
    (ii) The reporting requirements in paragraphs 6.A.(1)(c),
6.A.(2)(b), and 6.B.(1)(c) and the requirement to return module M01
in paragraph 6.B.(2)(b)2 of Turbomeca S.A. MSB No. 292 72 0839,
Version B, dated November 25, 2013, are not required by this AD.
    (iii) For all Turbomeca S.A. Arriel 2B and 2B1 engines, except
those engines with an AGB installed with an S/N listed in Figure 1
of Turbomeca MSB No. 292 72 2849, Version B, dated November 25,
2013, use paragraphs 6.A. through 6.C. of Turbomeca S.A. MSB No. 292
72 2849, Version B, dated November 25, 2013, to perform the
vibration check. Turbomeca S.A. MSB No. 292 72 2849 refers to
Turbomeca S.A. Arriel 2 TI No. 292 72 2849, Version E, dated
February 20, 2014, and Turbomeca S.A. Arriel 2 TI No. 292 72 2850,
Version A, dated November 29, 2013, which you must also use to do
the vibration check.
    (iv) The reporting requirements in paragraphs 6.A.(1)(c),
6.A.(2)(b), and

6.B.(1)(c), and the requirement to return module M01 in paragraph
6.B.(2)(b)2 of Turbomeca S.A. MSB No. 292 72 2849, Version B, dated
November 25, 2013, are not required by this AD.
    (2) For all affected Turbomeca S.A. engines, during each engine
shop visit after the effective date of this AD, perform a vibration
check of the AGB 41/23-tooth bevel gear meshing. Guidance on
performing the vibration check during an engine shop visit can be
found in the service information listed in paragraph (i)(3) in the
Related Information section.
    (3) If the AGB does not pass the vibration check required by
paragraphs (e)(1) or (e)(2) of this AD, replace the AGB with a part
eligible for installation.

(f) Credit for Previous Action

    If you performed a vibration check of the AGB before the
effective date of this AD using Turbomeca S.A. MSB No. 292 72 0839,
Version A, dated September 9, 2013; or MSB No. 292 72 2849, Version
A, dated September 9, 2013, or during an engine shop visit per
paragraph (e)(2) of this AD, you met the initial inspection
requirement of paragraph (e)(1) of this AD.

(g) Definition

    For the purpose of this AD, an ``engine shop visit'' is the
induction of an engine into the shop for maintenance involving the
separation of pairs of major mating engine flanges. The separation
of engine flanges solely for the purpose of transportation without
subsequent engine maintenance does not constitute an engine shop
visit.

(h) Alternative Methods of Compliance (AMOCs)

    The Manager, Engine Certification Office, FAA, may approve AMOCs
to this AD. Use the procedures found in 14 CFR 39.19 to make your
request.

(i) Related Information

    (1) For more information about this AD, contact Mark Riley,
Aerospace Engineer, Engine Certification Office, FAA, Engine &
Propeller Directorate, 12 New England Executive Park, Burlington, MA
01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) Refer to MCAI European Aviation Safety Agency AD 2014-0036,
dated February 11, 2014, for related information. You may examine
the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0164.
    (3) Turbomeca Engine Test Bed Acceptance Test Specifications CCT
No.<PHONE_NUMBER>, Version T; CCT No.<PHONE_NUMBER>, Version R; CCT No.
0292019690, Version I; CCT No. 029201530, Version K; CCT No.
0292019610, Version K; CCT No.<PHONE_NUMBER>, Version J; CCT No.
0292029490, Version I; CCT No.<PHONE_NUMBER>, Version I; CCT No.
0292029480, Version K; CCT No.<PHONE_NUMBER>, Version H; CCT No.
0292029410, Version L; CCT No.<PHONE_NUMBER>, Version H; or Turbomeca
ID No. 383952; or Turbomeca RTD No. X 292 65 327 2, which are not
incorporated by reference in this AD, can be obtained from Turbomeca
S.A., using the contact information in paragraph (j)(3) of this AD.
This service information provides guidance on performing the
vibration check during an engine shop visit.

(j) 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) Turbomeca S.A. Mandatory Service Bulletin (MSB) No. 292 72
0839, Version B, dated November 25, 2013.
    (ii) Turbomeca S.A. MSB No. 292 72 2849, Version B, dated
November 25, 2013.
    (iii) Turbomeca S.A. Arriel 1 Technical Instruction (TI) No. 292
72 0839, Version E, dated February 20, 2014.
    (iv) Turbomeca S.A. Arriel 1 TI No. 292 72 0840, Version A,
dated November 29, 2013.
    (v) Turbomeca S.A. Arriel 2 TI No. 292 72 2849, Version E, dated
February 20, 2014.
    (vi) Turbomeca S.A. Arriel 2 TI No. 292 72 2850, Version A,
dated November 29, 2013.
    (3) For Turbomeca S.A. service information identified in this
AD, contact Turbomeca, S.A., 40220 Tarnos, France; phone: 33 (0)5 59
74 40 00; telex: 570 042; fax: 33 (0)5 59 74 45 15.
    (4) You may view this service information at FAA, Engine &
Propeller Directorate, 12 New England Executive Park, Burlington,
MA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.
    (5) You may view this service information at the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call<PHONE_NUMBER>, or go to:
http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Burlington, Massachusetts, on September 15, 2014.
Colleen M. D'Alessandro,
Assistant Directorate Manager, Engine & Propeller Directorate, Aircraft
Certification Service.
[FR Doc. 2014-23353 Filed 9-30-14; 8:45 am]
BILLING CODE 4910-13-P


Comment Info: =================

General Comment:Methylphenidate blood levels and therapeutic response in children with Attention-Deficit Hyperactivity Disorder I. Effects of different dosing regimens.


[Federal Register Volume 78, Number 49 (Wednesday, March 13, 2013)]
[Notices]
[Pages 15999-16001]
[FR Doc No: 2013-05714]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-69053; File No. SR-BX-2013-019]

Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Modify
BX's Fee Schedule Governing Order Routing

March 7, 2013.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on February 27, 2013, NASDAQ OMX BX, Inc. (``BX'' or the ``Exchange'')
filed with the Securities and Exchange Commission (``Commission'') a
proposed rule change as described in Items I and II below, which Items
have been prepared by the Exchange. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
---------------------------------------------------------------------------

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

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

    BX proposes to amend BX's fee schedule governing order routing. BX
will implement the proposed change on February 27, 2013. The text of
the proposed rule change is available at http://nasdaqomxbx.cchwallstreet.com/, at BX's principal office, 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 III 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
Statutory Basis for, the Proposed Rule Change

1. Purpose
    BX is amending its fee schedule governing order routing to
establish fees for routing orders using its two new order routing
strategies, BDRK and BCST.\3\ All of the changes pertain to securities
priced at $1 or more per share.
---------------------------------------------------------------------------

    \3\ BDRK orders, pursuant to Rule 4758(a)(1)(A)(viii), check the
System for available shares and simultaneously route to certain
destinations on the System routing table that are not posting
Protected Quotations within the meaning of Regulation NMS (i.e.
``dark venues'' or ``dark pools''). BCST orders, pursuant to Rule
4758(a)(1)(A)(ix), check the System for available shares and
simultaneously route to select dark venues and to certain low cost
exchanges. See Securities Exchange Act Release No. 68840 (February
6, 2013), 78 FR 9961 (February 12, 2013) (SR-BX-2013-008).
---------------------------------------------------------------------------

    With respect to BDRK and BCST orders that access liquidity in the
BX Equities System, members will receive a credit of $0.0014 per share
executed. With respect to BDRK and BCST orders that execute on a venue
other than the BX Equities System, members will be charged $0.0010 per
share. With respect to BDRK and BCST orders that provide liquidity in
the BX Equities System, members will be charged no differently than
other orders that provide liquidity. Specifically, members will be
charged

$0.0015 or $0.0018 per share for orders that provide displayed
liquidity (based on the MPID's eligibility for the Qualified Liquidity
Provider rate), $0.0025 per share for orders that provide non-displayed
liquidity, or $0.0015 per share for midpoint orders that provide
liquidity.
2. Statutory Basis
    BX believes that the proposed rule change is consistent with the
provisions of Section 6 of the Act,\4\ in general, and with Sections
6(b)(4) and 6(b)(5) of the Act,\5\ in particular, in that it provides
for the equitable allocation of reasonable dues, fees and other charges
among members and issuers and other persons using any facility or
system which BX operates or controls, and is not designed to permit
unfair discrimination between customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f.
    \5\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The proposed pricing for BDRK and BCST orders executed on BX is
reasonable because it is the same as the current pricing for other
routed order types, namely BSTG, BSCN, BMOP, BTFY and BCRT orders,
executed on BX. The proposed fee for BDRK and BCST orders that execute
on a venue other than BX is slightly more ($0.0003) than BTFY orders
that execute on venues other than BX and much less than the fees for
BSTG, BSCN and BMOP orders, which is reasonable because BDRK and BCST
orders are routed only to low cost venues. Although BX will incur
different costs depending upon the venues on which these routed orders
are executed, BX is adopting a flat rate structure. Taking its costs
into account, BX may operate at a slight gain or a slight loss for
orders routed to and executed at other venues. BX believes that its
proposed fees are reasonable because they are an approximation of the
maximum fees BX will be charged for such executions, including its own
costs. As a general matter, BX believes that the proposed fees will
allow it to recoup and cover its costs of providing routing services
and the value that [sic] provides to its participants who choose
routing services.
    The proposed pricing for BDRK and BCST orders is consistent with an
equitable allocation of fees and is not unfairly discriminatory because
the pricing, which is the same for all BX participants applies solely
to members that opt to route BDRK and BCST orders. Moreover, the lower
cost of these routing strategies as compared with other existing
routing strategies is not unfairly discriminatory because it is
consistent with the lower costs associated with routing to the venues
that are accessed by the new strategies.
    Finally, BX notes that it operates in a highly competitive market
in which market participants can readily favor competing venues if they
deem fee levels at a particular venue to be excessive. In such an
environment, BX must continually adjust its fees to remain competitive
with other exchanges and with alternative trading systems that have
been exempted from compliance with the statutory standards applicable
to exchanges. BX believes that the proposed rule change reflects this
competitive environment because it is designed to ensure that the
charges for use of the BX routing facility to route reflect changes in
the cost of such routing.

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

    BX does not believe that the proposed rule change will result in
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act, as amended. Because the market
for order routing is extremely competitive, members may readily opt to
disfavor BX's routing services if they believe that alternatives offer
them better value. Moreover, by introducing new routing options and
charging fees that BX believes to be reasonable, BX believes that it is
increasing its competitiveness vis-[agrave]-vis other trading venues.
For this reason and the reasons discussed in connection with the
statutory basis for the proposed rule change, BX does not believe that
the proposed changes will impair the ability of members or competing
order execution venues to maintain their competitive standing in the
financial markets. BX also does not believe that the proposal raises
issues of competition among its own market participants, because the
proposal applies fee and credits equally to all participants.

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

    Written comments were neither solicited nor received.

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \6\ of the Act and subparagraph (f)(2) of Rule 19b-
4 \7\ thereunder, because it establishes a due, fee, or other charge
imposed by BX.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    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_ADDRESS>Please include
File Number SR-BX-2013-019 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BX-2013-019. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549-1090, on official business days between the hours
of 10:00 a.m. and 3:00 p.m. Copies of such filing also will be
available for inspection and copying at the principal offices of the
Exchange. All comments received will be posted without change; the
Commission does not edit personal identifying information from

submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-BX-
2013-019, and should be submitted on or before April 3, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-05714 Filed 3-12-13; 8:45 am]
BILLING CODE 8011-01-P


EPA REGISTRATION DIVISION COMPANY NOTICE OF FILING FOR PESTICIDE PETITIONS PUBLISHED IN THE FEDERAL REGISTER

EPA Registration Division contact: Shaja Joyner<PHONE_NUMBER>

Taminco, Inc.

1E7823

	EPA has received a pesticide petition (1E7823) from Taminco, Inc., Two Windsor Plaza, Suite 411, Allentown, PA requesting, pursuant to section 408(d) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a(d), to amend 40 CFR part 180
by establishing a tolerance for residues of thiram in or on the raw agricultural commodity avocado at 8 parts per million (ppm).  EPA has determined that the petition contains data or information regarding the elements set forth in section 408 (d)(2) of  FDDCA; however, EPA has not fully evaluated the sufficiency of the submitted data at this time or whether the data supports granting of the petition. Additional data may be needed before EPA rules on the petition.

A. Residue Chemistry

	1. Plant metabolism. The metabolism and chemical nature of residues of thiram in plants has been extensively evaluated and is adequately understood.

	2. Analytical method. Avocado samples were analyzed according to ALS Laboratory Group method MS 133.02 "The Determination of Mancozeb and/or other Ethylene-bis-dithiocarbamates (EBDCs) as CS2 in Plant Tissue by GC/MS". Detection and quantitation for thiram (as CS2) were conducted using a gas chromatograph (GC) equipped with a mass spectral detector for determination of CS2. The limit of quantitation (LOQ) was 0.05 ppm reported as carbon disulfide (CS2) evolved.

      3. Magnitude of residues.  Three residue trials on avocado, HAAS variety, were
conducted in the State of Michoacan, Mexico (NAFTA Region 18). This area is
representative of the avocado production area in Mexico from which avocadoes may be
imported to the United States. A formulation containing 80% w/w thiram was applied at
a rate of 2.4 kg a.i./hectare equivalent to 2.14 lb a.i/acre. The avocados were treated on 14
+- I days preharvest (PHI), 7 +- I days PHI and on the day of harvest (0 day PHI). Analytical results support the establishment of import tolerance of 8 ppm for whole avocado fruit. A tolerance for avocado pulp has not been proposed as no thiram residues were found in avocado pulp samples.

B. Toxicological Profile

                                          1.       Acute toxicity.  Acute toxicity. The acute oral LD50 was 2600 mg/kg (Toxicity Category III). The acute dermal LD50 was greater than 2000 mg/kg (Toxicity Category III). The acute inhalation LC50 for was 2: 3.46 mg/L (Toxicity Category III). Thiram is a moderate eye irritant, a very slight dermal irritant and a moderate skin sensitizer.

      In an acute neurotoxicity study, Sprague-Dawley rats were orally gavaged at 0,5, 150, and 600 mg/kg, and were subsequently evaluated in functional observational batteries (FOB) and motor function observations. Neuropathological evaluations were performed.  The Lowest Observed Adverse Effect Level (LOAEL) was 150 mg/kg based on FOB effects (lethargy, lower temperature, reduced startle response, no tail pinch response), reduced motor activity, and reduced brain weights. The No Observable Adverse Effect Level (NOAEL) for neurotoxicity was 5 mg/kg.

                                          2.       Genotoxicty. Genotoxicity evaluations of thiram were negative in a mammalian cell gene mutation assay with Chinese Hamster V9 cells, a chromosomal aberrations assay in Chinese hamster ovary cells, an DNA repair study in cultured rat hepatocytes and an in vivo micronucleus study in mice.

      3. Reproductive and developmental toxicity. In a developmental toxicity study in rats, a maternal NOAEL was not achieved. The maternal LOAEL was 7.5 mg/kg/day based on reduced body weight gains and clinical signs of toxicity. The developmental NOAEL was 7.5 mg/kg/day.

      Pregnant female rabbits were dosed with thiram via gavage on gestation days 7 to 19. The NOEL for maternal and developmental toxicity was 10 mg/kg/day, the highest tested
      dose.

      Two multi generation studies with thiram were conducted in rats. In both studies, the rates were exposed over two generations. In the first study, the parental NOEL was 25 ppm, the reproductive NOEL was 50 ppm and the fetal NOEL was 50 ppm. The results from the second study showed a parental NOEL was 20 ppm, the reproductive NOEL was>180 ppm and the fetal NOEL was 20 ppm.

      A developmental neurotoxicity study was conducted in which female rats received diets containing 0, 20, 45 or 90 ppm thiram from gestation day 3 through postnatal day 20. The maternal systemic and neurotoxicity LOAEL was 90 ppm based on decreased body weight, body weight gain and food consumption, clinical signs of toxicity and FB findings. The maternal NOAEL was 45 ppm. The offspring systemic and neurotoxicity LOAEL was 45 ppm based on increased locomotor activity in females on PND 17. The offspring NOAEL was 20 ppm.

      4. Subchronic toxicity. Thiram was administered via the diet to rats for 13 weeks. The LOEL was 250 ppm based on effects on body weight, body weight gain, food consumption, hematologic and clinical chemistry parameters, organ weights and liver histopathologic findings. The NOEL was 50 ppm.

      In a subchronic neurotoxicity study, rats were exposed to thiram technical (98.76% a.i.) in their diet at doses of 0, 30, 125, or 500 ppm. The neurotoxicity LOAEL is 125 ppm, based on increased numbers of rearing events and elevated incidences of hyperactivity in females at weeks 8 and 13. The NOAEL was 30 ppm for females and 125 ppm for males.

      5. Chronic toxicity. In a combined chronic/oncogenicity study, Thiram technical was administered to albino rats in the diet for 104 weeks. The LOAEL was 119 ppm based on a reduction in body weight gain, changes in hematology and clinical chemistry parameters; and an increased incidence of bile duct hyperplasia. The NOAEL was 16.3 ppm.

      Thiram was administered to male and female beagle dogs via the diet for 52 weeks. The LOAEL was 90 ppm (2.6 rug/kg/day) based on elevated cholesterol levels and increases in liver-to-body weight ratio. The NOAEL was 30 ppm (0.84 mg/kg/day).

      6. Animal metabolism. Thiram is readily absorbed (via the oral route), distributed, extensively metabolized and eliminated primarily in the expired air and urine of rats within 24 hours following single or repeated oral administrations. No sex differences in metabolism were noted and very low levels were found in tissues (1.5-4.2%).

	7. Metabolite toxicology. No metabolites of toxicologic concern have been noted.

      8. Endocrine disruption.  No indication of potential endocrine effects have been seen in any of the toxicological studies including reproductive and developmental toxicity studies conducted with thiram.

C. Aggregate Exposure

	1. Dietary exposure.
            i. Food. No additional dietary exposure is expected from this petition as no residues of thiram are found in the edible avocado pulp.

            ii. Drinking water. No additional water exposure is expected as this is an import tolerance petition.

      2. Non-dietary exposure.  Non-dietary exposure is not expected for this import tolerance

D. Cumulative Effects
      The USEPA is developing methodologies for assessing cumulative risks for chemicals having common mechanisms of toxicity. No available data indicate that the toxic effects produced by thiram would be cumulative with those ofany other chemical compounds.

E. Safety Determination

      1. U.S. population. The acute dietary exposure for the General U.S. Population was 23.3% of the ARID. The population group with the highest acute dietary exposure was Females 13-49 yrs. Total acute exposure for females 13-49 years was estimated to be 0.009522 mg/kg/day, equivalent to 68.0% of the ARID.

      Chronic dietary exposure for the General U.S. Population and the multiple population subgroups was 3.2% of the CRID.

      2. Infants and children. The acute dietary exposure for Infants and Children ranged from 27.4% to 50% of the ARID. The highest acute dietary exposure for Infants and Children was Children 1-2 years.

      Chronic dietary exposure for Infants and Children ranged from 4.2% to 9.2% of the CRID with the highest chronic dietary exposure for Children 1-6 years.

F. International Tolerances
      Codex MRLS have been established for the Dithiocarbamates as the sum of residues of zineb, ziram, thiram, nickel bis(dimethyl dithiocarbamate), ferbam, propineb, polycarbamate, mancozeb, maneb and metirarn which are calculated as carbon disulfide. Applicable MRLs (Codex, February 2006) for thiram are apples (5 ppm), bananas (2 ppm), stone fruits (7 ppm) and strawberries (5 ppm).


[Federal Register Volume 82, Number 200 (Wednesday, October 18, 2017)]
[Notices]
[Page 48502]
[FR Doc No: 2017-22530]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IS17-522-000]

Supplemental Notice of Technical Conference; Colonial Pipeline
Company

    On September 29, 2017, a notice was issued stating that a technical
conference will be held to address the effect of the tariff changes
proposed by Colonial Pipeline Company in its June 23, 2017 filing in
this docket. The technical conference will be held on Wednesday,
October 25, 2017 at 9:00 a.m., in a room to be designated at the
offices of the Federal Energy Regulatory Commission, 888 First Street
NE., Washington, DC 20426.
    For interested persons who cannot attend the technical conference,
a call-in number has been established. Dial in from your phone:

From within local Wash, DC area<PHONE_NUMBER>
From outside Local Wash, DC area 1-877-857-1347
Meeting ID: 0255

    Dated: October 12, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-22530 Filed 10-17-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: January 8, 2007 (Volume 72, Number 4)]
[Proposed Rules]
[Page 697-698]
[DOCID:fr08ja07-21]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2006-0648; FRL-8266-2]

Approval and Promulgation of Air Quality Implementation Plans;
Virginia; Identification of the Northern Virginia PM2.5 Nonattainment
Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA proposes to approve the State Implementation Plan (SIP)
revision submitted by the Commonwealth of Virginia. The revision
consists of the addition of counties in the Northern Virginia which
were designated as nonattainment for the PM2.5 National Ambient Air
Quality Standards (NAAQS). In the Final Rules section of this Federal
Register, EPA is approving the State's SIP submittal as a direct final
rule without prior proposal because the Agency views this as a
noncontroversial submittal and anticipates no adverse comments. A
detailed rationale for the approval is set forth in the direct final
rule. If no adverse comments are received in response to this action,
no further activity is contemplated. If EPA receives adverse comments,
the direct final rule will be withdrawn and all public comments
received will be addressed in a subsequent final rule based on this
proposed rule. EPA will not institute a second comment period. Any
parties interested in commenting on this action should do so at this
time.

DATES: Comments must be received in writing by February 7, 2007.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2006-0648 by one of the following methods:
    A. http://www.regulations.gov. Follow the on-line instructions for

submitting comments.
    B. E-mail<EMAIL_ADDRESS>    C. Mail: EPA-R03-OAR-2006-0648, Linda Miller, Acting Chief, Air
Quality Planning and Analysis Branch, Mailcode 3AP21, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2006-0648. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at http://www.regulations.gov, including any personal information provided,

unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through http://www.regulations.gov or e-mail.

The http://www.regulations.gov Web site is an ``anonymous access'' system,

which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through http://www.regulations.gov,

your e-mail address will be automatically captured and included as part
of the comment that is placed in the public docket and made available
on the Internet. If you submit an electronic comment, EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD-ROM you submit. If EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.

    Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some

information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://www.regulations.gov or

in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal
are available at the Virginia Department of Environmental Quality, 629
East Main Street, Richmond, Virginia, 23219.

FOR FURTHER INFORMATION CONTACT: Linda Miller,<PHONE_NUMBER>, or by e-
mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: For further information on this rulemaking
to add the boundaries of the PM2.5 nonattainment area to Virginia
regulations, please see the information provided in the direct final
action, with the same title, that is located in the ``Rules and
Regulations'' section of this Federal Register publication.

    Dated: December 22, 2006.
Donald S. Welsh,
Regional Administrator, Region III.
 [FR Doc. E6-22553 Filed 1-5-07; 8:45 am]

BILLING CODE 6560-50-P