[Federal Register Volume 79, Number 228 (Wednesday, November 26, 2014)]
[Notices]
[Pages 70597-70600]
[FR Doc No: 2014-27976]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-73658; File No. SR-NYSEArca-2014-125]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Reflecting a Change
in The Investment Objective of the Treesdale Rising Rates ETF and
Change in Its Creation and Redemption Procedures

November 20, 2014.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on November 10, 2014, NYSE Arca, Inc. (the ``Exchange'' or
``NYSE Arca'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C.78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The Exchange proposes to reflect a change in the investment
objective of the Treesdale Rising Rates ETF and changes in its creation
and redemption procedures. The text of the proposed rule change is
available on the Exchange's Web site at www.nyse.com, at the principal
office of the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Commission has approved listing and trading on the Exchange of
shares (``Shares'') of the Treesdale Rising Rates ETF (the ``Fund'')
under NYSE Arca Equities Rule 8.600, which governs the listing and
trading of Managed Fund Shares.\4\ Shares of the Fund have not
commenced trading on the Exchange.
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    \4\ See Securities Exchange Act Release No. 73082 (September 11,
2014), 79 FR 55845 (September 17, 2014) (SR-NYSEArca-2014-71) (order
approving listing and trading on the Exchange of the Treesdale
Rising Rates ETF under NYSE Arca Equities Rule 8.600) (``Prior
Order''). See also Securities Exchange Act Release No. 72679 (July
28, 2014), 79 FR 44878 (August 1, 2014) (SR-NYSEArca-2014-71)
(``Prior Notice,'' and together with the Prior Order, the ``Prior
Release'').
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    The Fund is a series of the AdvisorShares Trust (``Trust''), a
statutory trust organized under the laws of the State of Delaware and
registered with the Securities and Exchange Commission (the
``Commission'') as an open-end management investment company.\5\ The
investment adviser to the Fund is AdvisorShares Investment, LLC
(``Adviser''). Foreside Fund Services, LLC (the ``Distributor'') is the
principal underwriter and distributor of the Fund's Shares. The Bank of
New York Mellon (the ``Administrator'') serves as the administrator,
custodian, transfer agent and fund accounting agent for the Fund.
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    \5\ The Trust is registered under the 1940 Act. On September 4,
2013, the Trust filed with the Commission an amendment to its
registration statement on Form N-1A under the Securities Act of 1933
(15 U.S.C. 77a) and under the 1940 Act relating to the Fund (File
Nos. 333-157876 and 811-22110) and on September 29, 2014, the Trust
filed with the Commission definitive materials on Form 497 (File No.
333-157876) (``Registration Statement''). The description of the
operation of the Trust and the Fund herein is based, in part, on the
Registration Statement. In addition, the Commission has issued an
order granting certain exemptive relief to the Trust under the 1940
Act. See Investment Company Act Release No. 29291 (May 28, 2010)
(File No. 812-13677) (``Exemptive Order'').
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    In this proposed rule change, the Exchange proposes to reflect a
change in the investment objective of the Fund and changes in its
creation and redemption procedures, as described below.\6\
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    \6\ The changes described herein have been filed with the
Commission in definitive materials on Form 497. See note 5, supra.
The Adviser represents that it will manage the Fund in the manner
described in the Prior Release, and will not implement the changes
described herein until the instant proposed rule change is
operative. Shares of the Fund have not commenced trading on the
Exchange.
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Investment Objective
    The Prior Release stated that the Fund would seek to generate
current income while providing protection for investors against loss of
principal in a rising interest rate environment. The Adviser wishes to
revise the description to state that the Fund will seek total return
while providing protection for investors against loss of principal in a
rising interest rate environment.
Creation and Redemption of Shares
    As stated in the Prior Release, the Fund will issue and redeem
Shares on a continuous basis at net asset value (``NAV'') in aggregated
lots which shall initially be of 25,000 Shares (each, a ``Creation
Unit'').
    As stated in the Prior Release, all orders to create or redeem
Creation Units must be received by the Distributor no later than 3:00
p.m., Eastern Time in order for the creation or redemption of Creation
Units to be

effected based on the NAV of Shares of the Fund as next determined on
such date.
    The Prior Release stated that the consideration for purchase of a
Creation Unit generally would consist of an in-kind deposit of a
designated portfolio of securities--the ``Deposit Securities''--per
each Creation Unit constituting a substantial replication, or a
representation, of the securities included in the Fund's portfolio and
an amount of cash--the ``Cash Component.'' Together, the Deposit
Securities and the Cash Component would constitute the ``Fund
Deposit,'' which would represent the minimum initial and subsequent
investment amount for a Creation Unit of the Fund. The Prior Release
stated that the Cash Component would be an amount equal to the
difference between the NAV of the Shares of the Fund (per Creation
Unit) and the market value of the Deposit Securities. The Prior Release
also stated that the Trust reserved the right to permit or require the
substitution of an amount of cash--i.e., a ``cash in lieu'' amount--to
be added to the Cash Component to replace any Deposit Security which
may not be available in sufficient quantity for delivery or which may
not be eligible for transfer through the clearing process, or which may
not be eligible for trading by an authorized participant or the
investor for which it is acting. Finally, the Prior Release stated that
the Trust reserves the right to offer an ``all cash'' option for
creations and redemptions of Creation Units for the Fund.\7\
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    \7\ The Adviser represents that, to the extent the Trust effects
the creation of Shares in cash, such transactions will be effected
in the same manner for all authorized participants.
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    The Advisor wishes to revise the description of the consideration
for purchase of a Creation Unit to state that Creation Units of the
Fund generally will be sold for cash (``Cash Purchase Amount''). The
Advisor wishes to revise the description to state that Creation Units
will be sold at the NAV next computed, plus a transaction fee, and all
purchases of the Fund will be effected through a transfer of cash
directly through the Depository Trust Company (``DTC''). The Advisor
further wishes to revise the description to state that the Trust
reserves the right to offer an in-kind option for creations of Creation
Units for the Fund \8\ and that the Trust reserves the absolute right
to reject a creation order if (a) the order is not in proper form; (b)
the investor(s), upon obtaining the shares ordered, would own 80% or
more of the currently outstanding shares of the Fund; (c) acceptance of
the Cash Purchase Amount would, in the opinion of counsel, be unlawful;
or (d) in the event that circumstances outside the control of the
Trust, the Distributor and the Advisor make it for all practical
purposes impossible to process creation orders.
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    \8\ The Adviser represents that, to the extent the Trust effects
the creation of Shares in kind, such transactions will be effected
in the same manner for all authorized participants.
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    As stated in the Prior Release, Shares generally may be redeemed in
Creation Units at their NAV next determined after receipt of a
redemption request in proper form by the Fund through the Administrator
and only on a business day. The Trust will not redeem Shares of the
Fund in amounts less than Creation Units.
    The Prior Release stated that unless cash redemptions are available
or specified, the redemption proceeds for a Creation Unit generally
would consist of ``the Fund Securities''--as announced by the
Administrator on the business day of the request for redemption
received in proper form--plus cash in an amount equal to the difference
between the NAV of the Shares being redeemed, as next determined after
a receipt of a request in proper form, and the value of the Fund
Securities, less a redemption transaction fee. The Prior Release stated
that the Administrator, through the National Securities Clearing
Corporation (``NSCC''), would make available immediately prior to the
opening of business on the Exchange (currently 9:30 a.m., Eastern Time)
on each business day, the Fund Securities that will be applicable to
redemption requests received in proper form on that day as well as the
estimated Cash Component.
    The Prior Release stated that if it is not possible to effect
deliveries of the Fund Securities, for example if the investor is not
able to accept delivery, the Trust could in its discretion exercise its
option to redeem Shares of the Fund in cash, and the redeeming
beneficial owner would be required to receive its redemption proceeds
in cash. In addition, the Prior Release stated that an investor could
request a redemption in cash which the Fund could, in its sole
discretion, permit.\9\ The Prior Release stated that in either case,
the investor would receive a cash payment equal to the NAV of its
Shares based on the NAV of Shares of the Fund next determined after the
redemption request is received in proper form (minus a redemption
transaction fee and additional charge for requested cash redemptions,
as described in the Registration Statement). The Prior Release stated
the Fund could also, in its sole discretion, upon request of a
shareholder, provide such redeemer a portfolio of securities which
differs from the exact composition of the applicable Fund Securities
but does not differ in NAV.
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    \9\ The Adviser represents that, to the extent the Trust effects
the redemption of Shares in cash, such transactions will be effected
in the same manner for all authorized participants.
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    The Prior Release stated that the Fund (whether or not it otherwise
permits cash redemptions) reserves the right to redeem Creation Units
for cash to the extent that the Fund could not lawfully deliver
specific Fund Securities upon redemptions or could not do so without
first registering the Fund Securities under such laws. The Prior
Release stated that an authorized participant or an investor for which
it is acting subject to a legal restriction with respect to a
particular stock included in the Fund Securities applicable to the
redemption of a Creation Unit may be paid an equivalent amount of cash.
    The Advisor wishes to revise the description of redemption to state
that redemption proceeds for a Creation Unit of the Fund generally will
consist of cash in an amount equal to the NAV of the shares being
redeemed, as next determined after receipt of a request in proper form,
less a redemption transaction fee. The Trust reserves the right to
offer an in-kind option for redemptions of Creation Units for the
Fund.\10\
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    \10\ The Adviser represents that, to the extent the Trust
effects the redemption of Shares in kind, such transactions will be
effected in the same manner for all authorized participants.
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    The Shares will conform to the initial and continued listing
criteria under NYSE Arca Equities Rule 8.600.
    Except for the changes noted above, all other facts presented and
representations made in the Prior Release remain unchanged.
    All terms referenced but not defined herein are defined in the
Prior Release.
2. Statutory Basis
    The basis under the Act for this proposed rule change is the
requirement under Section 6(b)(5) \11\ that an exchange have rules that
are designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to remove
impediments to, and perfect the mechanism of a free and open market
and, in general, to protect investors and the public interest.
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    \11\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that the proposed rule change is designed to
prevent fraudulent and manipulative acts and practices, and is designed
to

promote just and equitable principles of trade and to protect investors
and the public interest, in that the change in the statement of
investment objective will specify that the Fund will seek to generate
total return while providing protection for investors against loss of
principal in a rising interest rate environment, thereby providing
notice to investors regarding the change in the investment objective of
the Fund before Shares of the Fund commence trading on the Exchange.
The Adviser believes such change will enable investors to better
understand the Fund's expected investment activities and determine if
and/or to what extent an investment in the Fund is appropriate for
their portfolios. The Adviser represents that there are no changes to
the Fund's statements regarding how at least 80% of its net assets will
be invested in normal circumstances, how it may invest remaining
assets, how it will calculate NAV, or what information will be publicly
available regarding the Shares and the portfolio holdings of the Fund.
    The Exchange also believes that the proposed rule change is
designed to prevent fraudulent and manipulative acts and practices, and
is designed to promote just and equitable principles of trade and to
protect investors and the public interest, in that the proposed rule
change would provide notice to investors of the proposed changes in the
creation and redemption procedures of the Fund, including notice that
Creation Units of the Fund generally will be sold for the Cash Purchase
Amount, that Creation Units will be sold at the NAV next computed, plus
a transaction fee, and purchases of the Fund generally will be effected
through a transfer of cash directly through the DTC. In addition, the
proposed rule change would provide notice that the redemption proceeds
for a Creation Unit of the Fund generally will consist of cash in an
amount equal to the NAV of the shares being redeemed, as next
determined after receipt of a request in proper form, less a redemption
transaction fee. The proposed rule change would also provide notice
that the Trust reserves the right to offer in-kind options for
creations and redemptions of Creation Units for the Fund, and that to
the extent such in-kind creations and/or redemptions are effected, such
transactions will be effected in the same manner for all authorized
participants.
    The proposed rule change is designed to perfect the mechanism of a
free and open market and, in general, to protect investors and the
public interest in that the Shares will be listed and traded on the
Exchange pursuant to the initial and continued listing requirements in
NYSE Arca Equities Rule 8.600. Except for the changes noted above, all
other representations made in the Prior Release remain unchanged.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The Exchange notes that the
proposed rule change will facilitate the listing and trading of an
additional type of actively-managed exchange-traded product that will
enhance competition among market participants, to the benefit of
investors and the marketplace.

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

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

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A) of the Act \12\ and Rule 19b-4(f)(6) thereunder.\13\
Because the foregoing proposed rule change does not: (i) Significantly
affect the protection of investors or the public interest; (ii) impose
any significant burden on competition; and (iii) become operative for
30 days from the date on which it is filed, or such shorter time as the
Commission may designate, it has become effective pursuant to Section
19(b)(3)(A) of the Act and Rule 19b-4(f)(6) thereunder.\14\
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    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6).
    \14\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change.
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    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \15\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \16\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has asked the Commission to waive the 30-day operative delay so that
the proposal may become operative immediately upon filing. In support
of its request, the Exchange states that waiver of the 30-day operative
delay is consistent with the protection of investors and the public
interest in that the proposed changes will facilitate the listing and
trading of an additional type of actively-managed exchange-traded
product that will enhance competition among market participants, to the
benefit of investors and the marketplace. The Commission believes that
waiving the 30-day operative delay is consistent with the protection of
investors and the public interest. Therefore, the Commission hereby
waives the operative delay and designates the proposed rule change
operative upon filing.\17\
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    \15\ 17 CFR 240.19b-4(f)(6).
    \16\ 17 CFR 240.19b-4(f)(6)(iii).
    \17\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the 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. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2014-125 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2014-125. 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 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 office 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-NYSEArca-2014-125, and should be submitted on or before
December 17, 2014.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
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    \18\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-27976 Filed 11-25-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 202 (Friday, October 20, 2023)]
[Notices]
[Page 72523]
[FR Doc No: 2023-23192]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4724-DR; Docket ID FEMA-2023-0001]

Hawaii; Amendment No. 3 to Notice of a Major Disaster Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Hawaii (FEMA-4724-DR), dated August 19, 2023, and
related determinations.

DATES: This change occurred on August 28, 2023.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) hereby gives notice that pursuant to the authority vested in the
Administrator, under Executive Order 12148, as amended, Timothy B.
Manner, of FEMA is appointed to act as the Federal Coordinating Officer
for this disaster.
    This action terminates the appointment of Maona N. Ngwira as
Federal Coordinating Officer for this disaster.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2023-23192 Filed 10-19-23; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 85, Number 101 (Tuesday, May 26, 2020)]
[Notices]
[Page 31536]
[FR Doc No: 2020-11181]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4503-DR; Docket ID FEMA-2020-0001]

Alabama; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Alabama (FEMA-4503-DR), dated March 29, 2020,
and related determinations.

DATES: The declaration was issued March 29, 2020.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated March 29, 2020, the President issued a major disaster declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''), as follows:

    I have determined that the emergency conditions in the State of
Alabama resulting from the Coronavirus Disease 2019 (COVID-19)
pandemic beginning on January 20, 2020, and continuing, are of
sufficient severity and magnitude to warrant a major disaster
declaration under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''). Therefore, I declare that such a major disaster exists in
the State of Alabama.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide assistance for emergency
protective measures (Category B), including direct Federal
assistance, under the Public Assistance program throughout the
State. Consistent with the requirement that Federal assistance be
supplemental, any Federal funds provided under the Stafford Act for
Public Assistance will be limited to 75 percent of the total
eligible costs.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Gracia B. Szczech, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas of the State of Alabama have been designated as
adversely affected by this major disaster:

    Emergency protective measures (Category B) not authorized under
other Federal statutes, including direct Federal assistance, under
the Public Assistance program at 75 percent federal funding for all
areas in the State of Alabama.

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

Pete Gaynor,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2020-11181 Filed 5-22-20; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register: April 21, 2008 (Volume 73, Number 77)]
[Notices]
[Page 21391]
[DOCID:fr21ap08-119]

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SECURITIES AND EXCHANGE COMMISSION

[Release Nos. 33-8910; 34-57669; File No. 265-24]

Advisory Committee on Improvements to Financial Reporting.

AGENCY: Securities and Exchange Commission.

ACTION: Room Change for Meeting of SEC Advisory Committee on
Improvements to Financial Reporting.

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SUMMARY: The Securities and Exchange Commission Advisory Committee on
Improvements to Financial Reporting is providing notice that it is
changing the room location of its public meeting on Friday, May 2,
2008. The meeting will continue to be held at the Donald E. Stephens
Conference Center, 5555 N. River Road, Rosemont, Illinois 60018,
beginning at 8 a.m. (CDT). However, the meeting will now be located in
room 40.

FOR FURTHER INFORMATION CONTACT: James L. Kroeker, Deputy Chief
Accountant, or Shelly C. Luisi, Senior Associate Chief Accountant, at
(202) 551-5300, Office of the Chief Accountant, Securities and Exchange
Commission, 100 F Street, NE., Washington, DC 20549-6561.

SUPPLEMENTARY INFORMATION: In accordance with Section 10(a) of the
Federal Advisory Committee Act, 5 U.S.C. App. 1, 10(a), James L.
Kroeker, Designated Federal Officer of the Committee, has approved
publication of this notice.

     Dated: April 15, 2008.
Nancy M. Morris,
Committee Management Officer.
 [FR Doc. E8-8516 Filed 4-18-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 86, Number 107 (Monday, June 7, 2021)]
[Rules and Regulations]
[Pages 30165-30167]
[FR Doc No: 2021-11767]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2021-0044; Airspace Docket No. 19-AWP-25]
RIN 2120-AA66

Modification of Class D and Class E Airspace; Bakersfield, CA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action modifies the Class D airspace at Meadows Field
Airport, Bakersfield, CA. This action also modifies the Class E
airspace designated as a surface area and the Class E airspace
extending upward from 700 feet above the surface. Further, this action
removes the Class E airspace extending upward from 1,200 feet above the
surface. Additionally, this action updates the term ``Airport/Facility
Directory'' to ``Chart Supplement'' in the last sentence of the Class D
and Class E2 airspace descriptions. Finally, this action implements
several administrative corrections to the Class D, Class E2, and Class
E5 text headers.

DATES: Effective 0901 UTC, August 12, 2021. The Director of the Federal
Register approves this incorporation by reference action under 1 CFR
part 51, subject to the annual revision of FAA Order 7400.11 and
publication of conforming amendments.

ADDRESSES: FAA Order 7400.11E, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at https://www.faa.gov//air_traffic/publications/. For further information, you
can contact the Airspace Policy Group, Federal Aviation Administration,
800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11E at NARA, email<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Matthew Van Der Wal, Federal Aviation
Administration, Western Service Center, Operations Support Group, 2200
S 216th Street, Des Moines, WA 98198; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it modifies the Class D and Class E airspace at Meadows Field
Airport, Bakersfield, CA, to ensure the safety and management of
instrument flight rules (IFR) operations at the airport.

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (86 FR 13242; March 8, 2021) for Docket No. FAA-2021-0044 to
modify the Class D and Class E airspace at Meadows Field Airport,
Bakersfield, CA. Interested parties were invited to participate in this
rulemaking effort by submitting written comments on the proposal to the
FAA. No comments were received.
    Class D, E2, and E5 airspace designations are published in
paragraphs 5000, 6002, and 6005, respectively, of FAA Order 7400.11E,
dated July 21, 2020, and effective September 15, 2020, which is
incorporated by reference in 14 CFR 71.1. The Class D and E airspace
designation listed in this document will be published subsequently in
the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11E, Airspace Designations and
Reporting Points, dated July 21, 2020, and effective September 15,
2020. FAA Order 7400.11E is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11E lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This amendment to 14 CFR part 71 modifies the Class D airspace at
Meadows Field Airport, Bakersfield, CA. The Class D is not sized
properly to contain IFR arrivals descending below 1,000 feet above the
surface, or IFR departures to 700 feet above the surface. To properly
contain IFR arrivals, the circular radius should be reduced from 5
miles to 4.5 miles. To properly contain IFR departures flying toward or
over rising terrain, three areas should be added to the circular
radius, one area southeast and two areas northwest of the airport.
    This action also modifies the lateral boundaries of the Class E
airspace, designated as a surface area, to be coincident with the Class
D airspace area.
    The action modifies the Class E airspace extending upward from 700
feet above the surface. The airspace is not sized properly to contain
IFR arrivals descending below 1,500 feet above the surface, or IFR
departures to 1,200 feet above the surface. This airspace area is
reduced southeast of the airport and increased northwest of the
airport.
    Further, this action removes the Class E airspace extending upward
from 1,200 feet above the surface. This airspace area is wholly
contained within the Los Angeles en route airspace area, and
duplication is not necessary.
    Additionally, this action updates the last sentence in the Class D
and Class E2 airspace descriptions by replacing the term ``Airport/
Facility Directory'' with ``Chart Supplement.''
    Lastly, the action implements several administrative updates. The
second line of the Class D, Class E2, and Class E5 text headers
includes the city name ``Bakersfield''. The city name should be removed
from this line of text. The airport's geographic coordinates listed in
the third line of the Class D, Class E2, and Class E5 text header do
not match the FAA's database. The coordinates should be updated to lat.
35[deg]26'02'' N, long. 119[deg]03'28'' W.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial, and unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, would not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant the preparation of an
environmental assessment.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11E,
Airspace Designations and Reporting Points, dated July 21, 2020, and
effective September 15, 2020, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

AWP CA D Bakersfield, CA [Amended]

Meadows Field Airport, CA
    (Lat. 35[deg]26'02'' N, long. 119[deg]03'28'' W)

    That airspace extending upward from the surface to and including
3,000 feet MSL within a 4.5-mile radius of the airport, and within
1.8 miles each side of the 134[deg] bearing from the airport,
extending from the 4.5-mile radius to 5.5 miles southeast of the
airport, and within 1.8 miles each side of the 316[deg] bearing from
the airport, extending from the 4.5-mile radius to 5.3 miles
northwest of the airport, and within 1.9 miles each side of the
331[deg] bearing from the airport, extending from the 4.5-mile
radius to 6.8 miles northwest of Meadows Field Airport. This Class D
airspace area is effective during the specific dates and times
established in advance by a

Notice to Airmen. The effective date and time will thereafter be
continuously published in the Chart Supplement.

Paragraph 6002 Class E Airspace Designated as a Surface Area.

* * * * *

AWP CA E2 Bakersfield, CA [Amended]

Meadows Field Airport, CA
    (Lat. 35[deg]26'02'' N, long. 119[deg]03'28'' W)

    That airspace extending upward from the surface within a 4.5-
mile radius of the airport, and within 1.8 miles each side of the
134[deg] bearing from the airport, extending from the 4.5-mile
radius to 5.5 miles southeast of the airport, and within 1.8 miles
each side of the 316[deg] bearing from the airport, extending from
the 4.5-mile radius to 5.3 miles northwest of the airport, and
within 1.9 miles each side of the 331[deg] bearing from the airport,
extending from the 4.5-mile radius to 6.8 miles northwest of Meadows
Field Airport. This Class E airspace area is effective during the
specific dates and times established in advance by a Notice to
Airmen. The effective date and time will thereafter be continuously
published in the Chart Supplement.

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or more above the Surface of the Earth.

* * * * *

AWP CA E5 Bakersfield, CA [Amended]

Meadows Field Airport, CA
    (Lat. 35[deg]26'02 '' N, long. 119[deg]03'28'' W)

    That airspace extending upward from 700 feet above the surface
within an 8-mile radius of the airport, and within 3.8 miles east
and 8.8 miles west of the 337[deg] bearing from the airport,
beginning 3.5 miles northwest of the airport and extending to 19.6
miles northwest of Meadows Field Airport.

    Issued in Des Moines, Washington, on May 28, 2021.
B.G. Chew,
Acting Group Manager, Operations Support Group, Western Service Center.
[FR Doc. 2021-11767 Filed 6-4-21; 8:45 am]
BILLING CODE 4910-13-P