[Federal Register Volume 84, Number 213 (Monday, November 4, 2019)]
[Notices]
[Page 59372]
[FR Doc No: 2019-23986]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP19-500-000]

Northern Natural Gas Company; Notice of Schedule for
Environmental Review of the Palmyra to South Sioux City A-Line
Abandonment Project

    On August 15, 2019, Northern Natural Gas Company (Northern) filed
an application in Docket No. CP19-500-000 requesting a Certificate of
Public Convenience and Necessity pursuant to Sections 7(b) and Section
7(c) of the Natural Gas Act to abandon, construct, and operate certain
natural gas pipeline facilities. The proposed project is known as the
Palmyra to South Sioux City A-Line Abandonment Project (Project) and
would ensure safe and efficient operation of Northern's existing
pipeline system.
    On August 29, 2019, the Federal Energy Regulatory Commission
(Commission or FERC) issued its Notice of Application for the Project.
Among other things, that notice alerted agencies issuing federal
authorizations of the requirement to complete all necessary reviews and
to reach a final decision on a request for a federal authorization
within 90 days of the date of issuance of the Commission staff's
Environmental Assessment (EA) for the Project. This instant notice
identifies the FERC staff's planned schedule for the completion of the
EA for the Project.

Schedule for Environmental Review

Issuance of EA--December 13, 2019
90-day Federal Authorization Decision Deadline--March 12, 2020

    If a schedule change becomes necessary, additional notice will be
provided so that the relevant agencies are kept informed of the
Project's progress.

Project Description

    The Project involves the abandonment in place of a total of
approximately 118 miles of 20-inch-diameter and 16-inch-diameter
pipeline on its A-Line pipeline system in Otoe, Lancaster, Saunders,
Dodge, Burt, Thurston, and Dakota Counties, Nebraska. In addition,
Northern would construct and operate approximately 4.2 miles of 24-
inch-diameter pipeline loop \1\ and associated appurtenances in Otoe
and Dodge Counties, Nebraska. Northern states that after Commission
approval of the Project, the abandoned pipeline would be purchased and
removed by a third-party salvage company.
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    \1\ A loop is a pipeline that is constructed adjacent to another
pipeline for the purpose of increasing capacity in this portion of
the system.
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Background

    On September 18, 2019, the Commission issued a Notice of Intent to
Prepare an Environmental Assessment for the Proposed Palmyra to South
Sioux City A-Line Abandonment Project and Request for Comments on
Environmental Issues (NOI). The NOI was sent to affected landowners;
federal, state, and local government agencies; elected officials;
environmental and public interest groups; Native American tribes; other
interested parties; and local libraries and newspapers. In response to
the NOI, the Commission received comments from the Rosebud Sioux Tribe,
the Nebraska Department of Natural Resources, the Lower Platte South
Natural Resources District, and one landowner. The primary issues
raised by the commentors are cultural resources; surface waters and
wetlands; land use; and floodplains. All substantive comments will be
addressed in the EA.

Additional Information

    In order to receive notification of the issuance of the EA and to
keep track of all formal issuances and submittals in specific dockets,
the Commission offers a free service called eSubscription. This can
reduce the amount of time you spend researching proceedings by
automatically providing you with notification of these filings,
document summaries, and direct links to the documents. Go to
www.ferc.gov/docs-filing/esubscription.asp.
    Additional information about the Project is available from the
Commission's Office of External Affairs at (866) 208-FERC or on the
FERC website (www.ferc.gov). Using the ``eLibrary'' link, select
``General Search'' from the eLibrary menu, enter the selected date
range and ``Docket Number'' excluding the last three digits (i.e.,
CP19-500), and follow the instructions. For assistance with access to
eLibrary, the helpline can be reached at<PHONE_NUMBER>, TTY (202) 502-
8659, or at<EMAIL_ADDRESS>The eLibrary link on the FERC
website also provides access to the texts of formal documents issued by
the Commission, such as orders, notices, and rule makings.

    Dated: October 28, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-23986 Filed 11-1-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 145 (Thursday, July 28, 2016)]
[Notices]
[Page 49646]
[FR Doc No: 2016-17840]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP16-1097-000.
    Applicants: KO Transmission Company.
    Description: Section 4(d) Rate Filing: KO Transmission Rate Case
Filing to be effective 2/1/2017.
    Filed Date: 7/14/16.
    Accession Number: 20160714-5174.
    Comments Due: 5 p.m. ET 7/26/16.

    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.

Filings in Existing Proceedings

    Docket Numbers: CP16-26-001.
    Applicants: MoGas Pipeline LLC.
    Description: MoGas Pipeline LLC's Compliance Filing as Directed by
Order Approving Abandonment and Accounting Procedures for Consolidated/
Combined Accounting Procedures under CP16-26.
    Filed Date: 6/30/16.
    Accession Number: 20160630-5060.
    Comments Due: 5 p.m. ET 7/26/16.

    Any person desiring to protest in any of the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR 385.211) on or before 5:00 p.m. Eastern time on the specified
comment date.
    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: July 20, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-17840 Filed 7-27-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: May 6, 2009 (Volume 74, Number 86)]
[Notices]
[Page 21041-21046]
[DOCID:fr06my09-151]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59835; File No. SR-NYSEArca-2009-30]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
of Proposed Rule Change and Amendment No. 1 Thereto Relating to the
Adoption of Listing Standards for Managed Trust Securities and the
Listing and Trading of Shares of the iShares[supreg] Diversified
Alternatives Trust

April 28, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'' or ``Exchange Act'') \1\ and Rule 19b-4 thereunder,\2\ notice
is hereby given that, on April 9, 2009, NYSE Arca, Inc. (``NYSE Arca''
or ``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. On April
24, 2009, the Exchange filed Amendment No. 1 to the proposed rule
change. The Commission is publishing this notice to solicit comments on
the proposed rule change, as amended, from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange, through its wholly owned subsidiary NYSE Arca
Equities, Inc. (``NYSE Arca Equities'' or ``Corporation''), proposes
new NYSE Arca Equities Rule 8.700 (``Managed Trust Securities''). The
Exchange also proposes to list and trade shares (``Shares'') of the
iShares[supreg] Diversified Alternatives Trust (``Trust'') pursuant to
this rule. The Exchange also proposes to amend NYSE Arca Equities Rule
7.34 and its Listing Fees to add references to proposed NYSE Arca
Equities Rule 8.700. The text of the proposed rule change is available
on the Exchange's Web site at http://www.nyse.com, at the Exchange's
principal office and at the Commission's Public Reference Room.\3\
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    \3\ E-mail from Sudhir Bhattacharyya, Vice President--Legal,
NYSE Euronext, to Edward Y. Cho, Special Counsel, Division of
Trading and Markets, Commission, dated April 21, 2009 (``Exchange
Confirmation'').
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II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

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

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

1. Purpose
    The Exchange proposes new NYSE Arca Equities Rule 8.700 for the
purpose of permitting the listing and trading, or trading pursuant to
unlisted trading privileges (``UTP'') of Managed Trust Securities
issued by a trust that is a commodity pool as defined in the Commodity
Exchange Act (``CEA'') and regulations thereunder, and that is managed
by a commodity pool operator (``CPO'') registered with the Commodity
Futures Trading Commission (``CFTC'') and registered under the
Securities Act of 1933, as amended. The trust would hold long and/or
short positions in exchange traded futures and/or currency forward
contracts as selected by the trust's advisor consistent with the
trust's objectives, which would only include exchange traded futures
contracts involving commodities, currencies, stock indices, fixed
income indices, interest rates and sovereign, private and mortgage or
asset backed debt instruments as disclosed in the trust's prospectus,
as such may be amended from time to time. In addition, such shares
would be issuable and redeemable continuously in specified aggregate
amounts at net asset value (``NAV'').\4\ The Exchange also proposes to
amend NYSE Arca Equities Rule 7.34 (Trading Sessions) to reference
securities described in proposed Rule 8.700 in Rule 7.34(a)(3)(A)
relating to hours of the Exchange's Core Trading Session, in Rule
7.34(a)(4)(A) relating to trading halts for trading pursuant to UTP
during the Exchange's Opening Session, and in Rule 7.34(a)(5) relating
to trading halts when the NAV and/or ``Disclosed Portfolio'' is not
being disseminated to all market participants at the same time.\5\ In
addition, the Exchange proposes to amend its listing fees by
incorporating the securities described in proposed Rule 8.700 in the
term ``Derivative Securities Products.''
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    \4\ The Commission has previously approved NYSE Arca Equities
rules to list and trade products based on or related to commodities.
See Securities Exchange Act Release No. 57838 (May 20, 2008), 73 FR
30649 (May 28, 2008) (SR-NYSEArca-2008-09) (approving new NYSE Arca
Equities Rule 8.204 ``Commodity Futures Trust Shares'' for to list
and trade the AirShares EU Carbon Allowances Fund); Securities
Exchange Act Release No. 54025 (June 21, 2006), 71 FR 36856 (June
28, 2006) (SR-NYSEArca-2006-12) (approving new NYSE Arca Equities
Rule 8.203 ``Commodity-Indexed Trust Shares'' for trading pursuant
to UTP the iShares GSCI Commodity-Indexed Trust); Securities
Exchange Act Release No. 51067 (January 21, 2005), 70 FR 3952
(January 27, 2005) (SR-PCX-2004-132) (approving new NYSE Arca
Equities Rule 8.201 ``Commodity-Based Trust Shares'' for trading
pursuant to UTP the iShares COMEX Gold Trust); Securities Exchange
Act Release No. 56041 (July 11, 2007), 72 FR 39114 (July 17, 2007)
(SR-NYSEArca-2007-43) (approving listing of shares of iShares COMEX
Gold Trust pursuant to NYSE Arca Equities Rule 8.201); Securities
Exchange Act Release No. 53875 (May 25, 2006), 71 FR 32164 (June 2,
2006) (SR-NYSEArca-2006-11) (approving new NYSE Arca Equities Rule
8.300 ``Partnership Shares'' for trading pursuant to UTP the United
States Oil Fund, LP); Securities Exchange Act Release No. 53736
(April 27, 2006), 71 FR 26582 (May 5, 2006) (SR-PCX-2006-22)
(approving new Commentary .02 to NYSE Arca Equities Rule 8.200
``Investment Shares'' for trading pursuant to UTP the DB Commodity
Index Tracking Fund); Securities Exchange Act Release No. 58162
(July 15, 2008), 73 FR 42391 (July 21, 2008) (SR-NYSEArca-2008-73)
(approving new NYSE Arca Equities Rule 8.200 ``Trust Issued
Receipts'').
    \5\ See Exchange Confirmation, supra note 3.
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    Pursuant to this proposed rule change, the Exchange proposes to
list and trade the Shares of the Trust. The

Shares represent ownership of a fractional undivided beneficial
interest in the net assets of the Trust. The Trust will be a commodity
pool, as defined in the CEA and the applicable rules of the CFTC, and
will be formed as a Delaware statutory trust.\6\ Barclays Global
Investors International, Inc., a Delaware corporation and an indirect
subsidiary of Barclays Bank PLC, will serve as Sponsor of the Trust.
The Sponsor has been registered under the CEA since October 13, 2005.
The Sponsor will serve as the CPO of the Trust. The Sponsor is
registered as a CPO under the CEA and is a member of the National
Futures Association (``NFA'').
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    \6\ The Trust is not an investment company registered under the
Investment Company Act of 1940, according to the Registration
Statement on Form S-1 for the Trust, which was filed with the
Commission on August 20, 2008 (File No. 333-153099) (``Registration
Statement''). The information in this proposed rule change is based
upon representations in the Registration Statement.
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    The Shares will conform to the initial and continued listing
criteria under proposed Rule 8.700.
    The Trust is required to comply with Rule 10A-3 under the Act for
the initial and continued listing of the Shares.\7\
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    \7\ 17 CFR 240.10A-3. Rule 10A-3(e)(3) provides that, in the
case of a listed limited partnership or limited liability company
where such entity does not have a board of directors or equivalent
body, the term ``board of directors'' means the board of directors
of the managing general partner, managing member or equivalent body.
The Trust itself has no employees or board of directors and its
operations are conducted by the Trustee, subject to the direction of
the Sponsor. Accordingly, the Trust has designated a committee of
the board of directors of the Sponsor to act as the audit committee
of the Trust for Rule 10A-3 purposes. The Sponsor's role under the
governing documents of the Trust makes the Sponsor analogous to the
managing member of a limited liability company. The Exchange
believes it is reasonable to interpret Rule 10A-3(e)(3) as
permitting a trust to utilize a committee of the board of directors
of its sponsor as the trust's audit committee for purposes of
compliance with Rule 10A-3, provided that the sponsor's role with
respect to the trust is analogous to the relationship between a
managing member and a limited liability company.
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Proposed Listing Rules
    Proposed Definition. Proposed Rule 8.700(c)(1) defines a ``Managed
Trust Security'' as a security that is registered under the Securities
Act of 1933, as amended (a) is issued by a trust that (i) is a
commodity pool as defined in the CEA and regulations thereunder, and
that is managed by a CPO registered with the CFTC, and (ii) holds long
and/or short positions in exchange-traded futures contracts and/or
currency forward contracts selected by the trust's advisor consistent
with the trust's investment objectives,\8\ which would only include
exchange-traded futures contracts involving commodities, currencies,
stock indices, fixed income indices, interest rates and sovereign,
private and mortgage or asset backed debt instruments \9\ and/or
forward contracts on specified currencies, as disclosed in the trust's
prospectus as such may be amended from time to time (b) is issued and
redeemed continuously in specified aggregate amounts at the next
applicable net asset value.
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    \8\ It should be noted that the trust holdings will be actively
managed in accordance with the trust's investment objectives;
therefore, products listed under proposed Rule 8.700 are ineligible
for listing under any other existing Exchange rule (e.g., Rules
8.203 and 8.204).
    \9\ E-mail from Sudhir Bhattacharyya, Vice President-Legal, NYSE
Euronext, to Edward Y. Cho, Special Counsel, Division of Trading and
Markets, Commission, dated April 8, 2009 (confirming that the trust
may only hold exchange-traded futures contracts on sovereign,
private, and mortgage- or asset-backed debt and not the debt
itself).
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    Proposed Rule 8.700(c)(2) defines ``Disclosed Portfolio'' as the
identities and quantities of the assets held by the trust that will
form the basis for the trust's calculation of the net asset value at
the end of the business day. Proposed Rule 8.700(c)(3) defines
``Intraday Indicative Value'' as the estimated indicative value of a
Managed Trust Security based on current information regarding the value
of the assets in the Disclosed Portfolio. Finally, Proposed Rule
8.700(c)(4) defines ``Reporting Authority'' as, in respect of a
particular series of Managed Trust Security, the Corporation,\10\ an
institution, or a reporting or information service designated by the
trust or the Corporation or by the exchange that lists a particular
series of Managed Trust Security (if the Corporation is trading such
series pursuant to unlisted trading privileges) as the official source
for calculating and reporting information relating to such series,
including, but not limited to, the (i) Intraday Indicative Value, (ii)
the Disclosed Portfolio, (iii) the amount of any cash distribution to
holders of Managed Trust Security, (iv) net asset value, or (v) other
information relating to the issuance, redemption, or trading of Managed
Trust Security. A series of Managed Trust Security may have more than
one Reporting Authority, each having different functions.
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    \10\ See Exchange Confirmation, supra note 3.
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    Designation. Proposed Rule 8.700(d) provides that the Corporation
\11\ may trade, either by listing or pursuant to UTP, Managed Trust
Securities that are based on an underlying portfolio of exchange-traded
futures and/or currency forward contracts. Each issue of Managed Trust
Securities would be designated as a separate trust or series and would
be identified by a unique symbol.
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    \11\ See id.
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    Proposed Initial and Continued Listing Criteria. The Managed Trust
Securities will be subject to the criteria for listing and trading set
forth in proposed Rule 8.700(e).
    Proposed Rule 8.700(e)(1) provides that each series of Managed
Trust Securities will be listed and traded on the Corporation subject
to application of the initial listing criteria. Proposed Rule
8.700(e)(1)(A) provides that the Corporation \12\ will establish a
minimum number of Managed Trust Securities that will be required to be
outstanding at the time of commencement of trading. In addition,
proposed Rule 8.700(e)(1)(B) provides that the Corporation \13\ will
obtain a representation from the issuer of each series of Managed Trust
Securities that the net asset value for the series will be calculated
daily and that the net asset value and Disclosed Portfolio will be made
available to all market participants at the same time.\14\
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    \12\ See id.
    \13\ See id.
    \14\ See id.
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    Proposed Rule 8.700(e)(2) provides that each series of Managed
Trust Securities will be listed and traded subject to application of
the following continued listing criteria: (1) The Intraday Indicative
Value for Managed Trust Securities will be widely disseminated by one
or more major market data vendors at least every 15 seconds during the
time when the Managed Trust Securities trade on the Corporation; (2)
the Disclosed Portfolio will be disseminated at least once daily and
will be made available to all market participants at the same time;
\15\ and (3) the Reporting Authority that provides the Disclosed
Portfolio 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 portfolio.
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    \15\ See id.
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    The proposed continued listing criteria in proposed Rule
8.700(e)(2)(C) provides for the suspension of trading in or removal
from listing of the Managed Trust Securities under any of the following
circumstances:
     If, following the initial twelve (12) month period
beginning upon the commencement of trading of the Shares: (a) the trust
has fewer than 50,000 Shares issued and outstanding; or (b) if the
market value of all Shares is less than $1,000,000; or (c) if there are
fewer than 50 record and/or beneficial holders

of the Shares for 30 consecutive trading days; or
     If the Intraday Indicative Value for the trust is no
longer calculated or available or the Disclosed Portfolio is not made
available to all market participants at the same time;
     If the trust issuing the Managed Trust Securities has
failed to file any filings required by the Commission or if the
Corporation is aware that the trust is not in compliance with the
conditions of any exemptive order or no-action relief granted by the
Commission to the trust with respect to the series of Managed Trust
Securities; or
     If such other event shall occur or condition exists which
in the opinion of the Corporation \16\ makes further dealings on the
Exchange inadvisable.
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    \16\ See id.
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    Proposed Rule 8.700(e)(2)(D) provides that, if the Intraday
Indicative Value of a series of Managed Trust Securities is not being
disseminated as required, the Corporation may halt trading during the
day in which the interruption to the dissemination of the Intraday
Indicative Value occurs. If the interruption to the dissemination of
the Intraday Indicative Value persists past the trading day in which it
occurred, the Corporation will halt trading no later than the beginning
of the trading day following the interruption. If a series of Managed
Fund Shares is trading on the Corporation pursuant to UTP, the
Corporation will halt trading in that series as specified in NYSE Arca
Equities Rule 7.34(a), as proposed to be amended. In addition, if the
Exchange becomes aware that the NAV or the Disclosed Portfolio with
respect to a series of Managed Fund Shares is not disseminated to all
market participants at the same time, it will halt trading in such
series until such time as the NAV or the Disclosed Portfolio is
available to all market participants.
    Proposed Rule 8.700(e)(2)(E) provides that the Corporation will
remove the Managed Trust Securities from listing upon termination of
the trust.\17\
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    \17\ See id.
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    Proposed Rule 8.700(e)(3) provides that the term of a trust is as
stated in the trust's prospectus, but that the trust may be terminated
earlier as may be specified in the prospectus.
    Proposed Rule 8.700(e)(4) sets forth proposed requirements for the
trustee of a trust: (i) The trustee of a trust must be a trust company
or banking institution having substantial capital and surplus and the
experience and facilities for handling corporate trust business. In
cases where, for any reason, an individual has been appointed as
trustee, a qualified trust company or banking institution must be
appointed co-trustee, and (ii) no change is to be made in the trustee
of a listed issue without prior notice to and approval of the
Corporation.
    Proposed Rule 8.700(e)(5) provides that voting rights will be as
set forth in the applicable trust prospectus.
    Proposed Rule 8.700(f) sets forth certain restrictions on ETP
Holders acting as registered Market Makers in Managed Trust Securities
to facilitate surveillance. Proposed Rule 8.700(f)(2)-(3) requires that
the ETP Holder acting as a registered Market Maker in the Managed Trust
Securities provide the Corporation with necessary information relating
to its trading in the underlying commodity or applicable currency,
related futures or options on futures, or any other related
derivatives.\18\ Proposed Rule 8.700(f)(4) prohibits the ETP Holder
acting as a registered Market Maker in the Managed Trust Securities
from using any material nonpublic information received from any person
associated with an ETP Holder or employee of such person regarding
trading by such person or employee in the underlying commodity or
applicable currency, related futures or options on futures or any other
related derivative (including the Managed Trust Securities).\19\ In
addition, Proposed Rule 8.700(f)(1) prohibits the ETP Holder acting as
a registered Market Maker in the Managed Trust Securities from being
affiliated with a market maker in the underlying commodity or
applicable currency, related futures or options on futures or any other
related derivative unless adequate information barriers are in place,
as provided in Rule 7.26.\20\
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    \18\ See id.
    \19\ See id.
    \20\ See id.
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    Proposed Rule 8.700(g) relates to the Corporation's\21\ limitation
of liability. Proposed Rule 8.700(h) specifically provides that the
Corporation\22\ will file separate proposals under Section 19(b) of the
Securities Exchange Act of 1934\23\ before listing and trading separate
and distinct Managed Trust Securities.
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    \21\ See id.
    \22\ See id.
    \23\ 15 U.S.C. 78s(b).
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    Proposed Commentary .01 to Rule 8.700 requires ETP Holders to
provide all purchasers of newly issued Managed Trust Securities with a
prospectus. Proposed Commentary .02 to Rule 8.700 provides that trading
in the Managed Trust Securities will occur during the trading hours
specified in NYSE Arca Equities Rule 7.34. Proposed Commentary .03 to
Rule 8.700 provides that the Corporation's rules governing the trading
of equity securities apply. Proposed Commentary .04 to Rule 8.700
provides that the Corporation will implement written surveillance
procedures for Managed Trust Securities. Lastly, proposed Commentary
.05 to new Rule 8.700 provides that, if the trust's advisor is
affiliated with a broker-dealer, the broker-dealer shall erect a ``fire
wall'' around the personnel who have access to information concerning
changes and adjustments to the Disclosed Portfolio. In addition,
proposed Commentary .05 further requires that personnel who make
decisions on the trust's portfolio composition must be subject to
procedures designed to prevent the use and dissemination of material
non-public information regarding the trust's portfolio.
Amendments to NYSE Arca Equities Rule 7.34
    The Exchange proposes to amend Rule 7.34(a)(3) to add Managed Trust
Securities to the list of securities for which the Core Trading Session
on the Exchange concludes at 1:15 p.m., Pacific Time. In addition,
Managed Trust Securities would be included under ``Derivative
Securities Products'' for purposes of Rule 7.34(a)(4) relating to
trading halts for trading pursuant to UTP of Derivative Securities
Products on the Exchange. The Exchange also proposes to amend Rule
7.34(a)(4) to correct the punctuation at the end of the provision.
Further, the Exchange proposed to amend Rule 7.34(a)(5) to add Managed
Trust Securities to the list of securities for which a trading halt
will occur when the NAV and/or ``Disclosed Portfolio'' is not being
disseminated to all market participants at the same time.\24\
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    \24\ See Exchange Confirmation, supra note 3.
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Amendments to Listing Fees
    The Exchange proposes to add Managed Trust Securities to the
securities included under the term ``Derivative Securities Products''
in note 3 of the NYSE Arca Equities listing fee schedule.
Description of the Trust
    Barclays Global Investors, N.A., an affiliate of the Sponsor or a
successor trustee, will be the trustee (the ``Trustee'') of the Trust.
The Trust will be governed by the trust agreement (the ``Trust
Agreement'') among the Sponsor, the Trustee and the Delaware
Trustee.\25\

The Trust Agreement will set out the rights of the registered holders
of the Shares and the rights and obligations of the Sponsor, the
Trustee and the Delaware Trustee. The Trustee will be responsible for
the day-to-day administration of the Trust, including (1) processing
orders for the creation and redemption of Baskets and (2) calculating
the net asset value of the Trust on each Business Day. The Trustee will
have the authority to delegate some of its responsibilities under the
Trust Agreement to a Trust Administrator or agent. Initially, State
Street Bank & Trust Company, a banking corporation organized under the
laws of Massachusetts, will serve as the Trust Administrator. The
Trustee will delegate the valuation of certain assets of the Trust for
the purposes of the daily calculation of the net asset value of the
Trust and the remainder of its day-to-day administrative
responsibilities to the Trust Administrator.\26\
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    \25\ Wilmington Trust Company, a Delaware banking corporation,
will serve as the Delaware Trustee of the Trust. The Delaware
Trustee will not be entitled to exercise any of the powers, or have
any of the duties or responsibilities, of the Trustee. The Delaware
Trustee will be a trustee of the Trust for the sole and limited
purpose of fulfilling the requirements of the Delaware Statutory
Trust Act.
    \26\ Terms relating to operation of the Trust, referred to, but
not defined herein, are defined in the Registration Statement.
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    Barclays Global Fund Advisors (the ``Advisor'') will serve as the
commodity trading advisor (``CTA'') of the Trust. The CTA has been
registered with the CFTC as a CTA since April 5, 1993, and is a member
of the National Futures Association in such capacity.
    According to the Registration Statement, the investment objective
of the Trust will be to maximize absolute returns from its portfolio of
(i) exchange-traded futures contracts involving commodities,
currencies, certain eligible stock and/or bond indices, interest rates
and sovereign, private and mortgage- or asset-backed debt instruments
\27\ and/or (ii) certain currency forward contracts in the top 25 most
liquid or actively traded currencies measured by turnover in the most
recent BIS Central Bank Survey, each as disclosed in the Trust's
prospectus as such may be amended from time to time, while seeking to
reduce the risks and volatility inherent in those investments by taking
long and short positions in historically correlated assets. The Trust
will also earn interest on the assets used to collateralize its trading
positions. The return on assets in the portfolio, if any, is not
intended to track the performance of any index or other benchmark.
There is no assurance that the Trust will achieve its investment
objectives.
---------------------------------------------------------------------------

    \27\ See supra note 9.
---------------------------------------------------------------------------

    At the discretion of the Advisor, the Trust may enter into certain
currency forward contracts of the variety described in the prospectus.
    At the discretion of the Advisor, the Trust may engage in trading
activities with respect to various exchange-traded futures contracts
involving commodities, currencies, certain eligible stock and/or bond
indices, interest rates and sovereign, private and mortgage- or asset-
backed debt instruments \28\ as described further in the Registration
Statement.
---------------------------------------------------------------------------

    \28\ See id.
---------------------------------------------------------------------------

Description of the Shares
    The Trust will create and redeem Shares from time to time, but only
by authorized participants in one or more baskets, with each basket
constituting a block of not less than 25,000 Shares. Additional
information regarding the Trust and the Shares, including creation and
redemption procedures, risks, fees and expenses and procedural matters
related to the Shares is included in the Registration Statement.
    A minimum of 100,000 Shares will be required to be outstanding at
the start of trading.
Dissemination and Availability of Information About the Underlying
Assets and the Shares
    The Web site for the Trust at http://www.iShares.com, which is
publicly accessible at no charge, will contain the following
information: (1) The prior business day's NAV per Share \29\ and the
reported closing price; (2) the mid-point of the bid-ask price in
relation to the NAV per Share as of the time the NAV is calculated
(``Bid-Ask Price''); \30\ (3) calculation of the premium or discount of
such price against such NAV per Share; (4) data in chart form
displaying the frequency distribution of discounts and premiums of the
Bid-Ask Price against the NAV per Share, within appropriate ranges for
each of the four (4) previous calendar quarters; (5) the prospectus and
the most recent periodic reports filed with the SEC or required by the
CFTC; \31\ and (6) other applicable quantitative information.
---------------------------------------------------------------------------

    \29\ The most recent end-of-day NAV of the Trust and NAV per
Share will be published by the Sponsor as of 4 p.m. ET on Reuters
and/or Bloomberg and on the Trust's Web site at http://
www.iShares.com. The end-of-day NAV per Share will also be published
the following morning on the consolidated tape.
    \30\ The Bid-Ask Price of Shares is determined using the highest
bid and lowest offer as of the time of calculation of the NAV per
Share.
    \31\ Monthly account statements conforming to applicable CFTC
and NFA requirements are posted on the Trust's Web site at http://
www.iShares.com. Additional reports may be posted on the Trust's Web
site in the discretion of the Sponsor or as required by regulatory
authorities.
---------------------------------------------------------------------------

    The Trust's portfolio holdings (i.e. Disclosed Portfolio) will be
disclosed on the Trust's Web site daily at http://www.iShares.com. The
Trust has informed the Exchange that Web site disclosure of portfolio
holdings will be made daily and will include, as applicable, the name
identifier and number of each futures contract, the amount and currency
type of each forward contract and amount of cash held in the portfolio
of the Trust. The portfolio holdings will be disclosed to all market
participants via the Trust's Web site at the same time.
    As noted above, the Trust's NAV will be calculated and disseminated
daily.\32\ The Exchange will disseminate for the Trust on a daily basis
by means of Consolidated Tape Association CQ High Speed Lines
information with respect to the recent Trust NAV, Shares outstanding
and the Basket amount. The Exchange will also make available on its Web
site daily trading volume, closing prices and the Trust's NAV per
Share.
---------------------------------------------------------------------------

    \32\ The Exchange will obtain a representation from the Trust
that the net asset value per share for the Shares will be calculated
daily and that the net asset value and the Disclosed Portfolio will
be made available to all market participants at the same time.
---------------------------------------------------------------------------

    Pricing for futures contracts are available from the relevant
exchange on which such futures contracts trade and pricing for forward
contracts are available from major market data vendors.
    The Intraday Indicative Value will be widely disseminated by one or
more major market data vendors at least every 15 seconds during the
time the Shares trade on the Exchange.
    Information regarding market price and volume of the Shares is and
will be continually available on a real-time basis throughout the day
on brokers' computer screens and other electronic services. The
previous day's closing price and trading volume information will be
published daily in the financial section of newspapers. Quotation and
last sale information for the Shares will be available via the
Consolidated Tape Association high-speed line.
    The current trading price per Share will be published continuously
as trades occur throughout each trading day on the consolidated tape,
Reuters and/or Bloomberg.
Trading Halts
    With respect to trading halts, the Exchange may consider all
relevant factors in exercising its discretion to

halt or suspend trading in the Shares.\33\ Trading in the Shares will
be halted if the circuit breaker parameters under NYSE Arca Equities
Rule 7.12 are reached. Trading may also be halted because of market
conditions or for reasons that, in the view of the Exchange, make
trading in the Shares inadvisable. These may include: (1) The extent to
which trading is not occurring in the underlying futures contracts, or
(2) whether other unusual conditions or circumstances detrimental to
the maintenance of a fair and orderly market are present. Trading in
the Shares will be subject to proposed NYSE Arca Equities Rule
8.700(e)(2)(D), which sets forth circumstances under which trading in
the Shares may be halted.
---------------------------------------------------------------------------

    \33\ See Commentary .04 to NYSE Arca Equities Rule 7.12.
---------------------------------------------------------------------------

    If a series of Managed Trust Securities is trading on the
Corporation pursuant to UTP, the Corporation will halt trading in that
series as specified in Rule 7.34(a). In addition, if the Exchange
becomes aware that the net asset value with respect to a series of
Managed Trust Securities is not disseminated to all market participants
at the same time, it will halt trading in such series until such time
as the net asset value is available to all market participants.
Trading Rules
    Under proposed Rule 8.700(b), Managed Trust Securities are included
within the Exchange's definition of ``securities.'' The Exchange deems
the Shares to be equity securities, thus rendering trading in the
Shares subject to the Exchange's existing rules governing the trading
of equity securities. Proposed Commentary .02 to Rule 8.700 provides
that transactions in Managed Trust Securities will occur during the
trading hours specified in Rule 7.34. Therefore, in accordance with
Rule 7.34, the Shares will trade on the NYSE Arca Marketplace from 4
a.m. to 8 p.m. ET. The Exchange has appropriate rules to facilitate
transactions in the Shares during all trading sessions.
Surveillance
    The Exchange intends to utilize its existing surveillance
procedures applicable to derivative products (which will include
Managed Trust Securities) to monitor trading in the Shares. The
Exchange represents that these procedures are adequate to properly
monitor Exchange trading of the Shares in all trading sessions and to
deter and detect violations of Exchange rules and applicable federal
securities laws.
    The Exchange's current trading surveillance focuses on detecting
securities trading outside their normal patterns. When such situations
are detected, surveillance analysis follows and investigations are
opened, where appropriate, to review the behavior of all relevant
parties for all relevant trading violations.
    The Exchange may obtain information via the Intermarket
Surveillance Group (``ISG'') from other exchanges who are members of
the ISG.\34\ In addition, the Exchange has an Information Sharing
Agreement in place with New York Mercantile Exchange (``NYMEX''), the
Kansas City Board of Trade (``KBOT''), ICE Futures and the London Metal
Exchange (``LME'') for the purpose of providing information in
connection with trading in or related to futures contracts traded on
NYMEX, KBOT, ICE Futures and LME. In addition, for components traded on
exchanges, not more than 10% of the weight of the Trust's portfolio in
the aggregate shall consist of components whose principal trading
market is not a member of ISG or is a market with which the Exchange
does not have a comprehensive surveillance sharing agreement.
---------------------------------------------------------------------------

    \34\ For a list of current members and affiliate members of ISG,
see http://www.isgportal.org. The Exchange notes that not all of the
components of the Trust may trade on exchanges that are currently
members or affiliate members of ISG.
---------------------------------------------------------------------------

    In addition, the Exchange also has a general policy prohibiting the
distribution of material, non-public information by its employees.
Information Bulletin
    Prior to the commencement of trading, the Exchange will inform its
ETP Holders in an Information Bulletin (``Bulletin'') of the special
characteristics and risks associated with trading the Shares.
Specifically, the Bulletin will discuss the following: (1) The
procedures for purchases and redemptions of Shares in Baskets (and that
Shares are not individually redeemable); (2) 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; (3) the
requirement that ETP Holders deliver a prospectus to investors
purchasing newly issued Shares prior to or concurrently with the
confirmation of a transaction; (4) the risks involved in trading the
Shares during the Opening and Late Trading Sessions when an updated
Intraday Indicative Value \35\ will not be calculated or publicly
disseminated; and (5) trading information.
---------------------------------------------------------------------------

    \35\ See Exchange Confirmation, supra note 3.
---------------------------------------------------------------------------

    In addition, the Bulletin will reference that the Trust is subject
to various fees and expenses described in the relevant registration
statement.
    The Bulletin will also reference the fact that there is no
regulated source of last sale information regarding physical
commodities and many of the asset classes that the Trust may hold, that
the Commission has no jurisdiction over the trading of certain futures
contracts.
    The Bulletin will also discuss any exemptive, no-action and
interpretive relief granted by the Commission from any rules under the
Act.
    The Bulletin will also disclose that the NAV for the Shares will be
calculated after 4:00 p.m. ET each trading day.
2. Statutory Basis
    The basis under the Exchange Act for this proposed rule change is
the requirement under Section 6(b)(5),\36\ in particular, that an
exchange have rules that are designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to remove impediments to, and perfect the
mechanism of a free and open market and, in general, to protect
investors and the public interest. The Exchange believes that the
proposal to list and trade the Shares of the Trust will facilitate the
listing and trading of additional types of exchange-traded products
that will enhance competition among market participants, to the benefit
of investors and the marketplace.\37\ In addition, the listing and
trading criteria set forth in the proposed rules are intended to
protect investors and the public interest.
---------------------------------------------------------------------------

    \36\ 15 U.S.C. 78f(b)(5).
    \37\ See Exchange Confirmation, supra note 3.
---------------------------------------------------------------------------

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.

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

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

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

    Within 35 days of the date of publication of this notice in the
Federal

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

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change 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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2009-30 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-NYSEArca-2009-30. This
file number should be included on the subject line if e-mail 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 inspection
and copying in the Commission's Public Reference Room, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; 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-2009-30 and should
be submitted on or before May 27, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\38\
---------------------------------------------------------------------------

    \38\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Elizabeth M. Murphy,
Secretary.
[FR Doc. E9-10445 Filed 5-5-09; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 81, Number 67 (Thursday, April 7, 2016)]
[Proposed Rules]
[Pages 20265-20268]
[FR Doc No: 2016-08062]

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

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

14 CFR Part 382

[Docket No. DOT-OST-2015-0246]
RIN 2105-AE12

Nondiscrimination on the Basis of Disability in Air Travel;
Establishment of a Negotiated Rulemaking Committee

AGENCY:  Office of the Secretary, Department of Transportation.

ACTION:  Notice of intent to establish the Accessible Air
Transportation (ACCESS) Advisory Committee; Solicitation of
applications and nominations for membership.

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

SUMMARY:  The Department of Transportation (``Department,'' ``DOT,'' or
``we'') announces its intent to establish a negotiated rulemaking (Reg-
Neg) committee to negotiate and develop proposed amendments to the
Department's disability regulation on three issues: Whether to require
accessible inflight entertainment (IFE) and strengthen accessibility
requirements for other in-flight communications; whether to require an
accessible lavatory on new single-aisle aircraft over a certain size;
and whether to amend the definition of ``service animals'' that may
accompany passengers with a disability on a flight. The committee will
include representatives of organizations or groups with interests that
are affected significantly by the subject matter of the proposed
regulation.
    The Department anticipates that the interested parties may include
disability advocacy organizations, airlines, airports, and aircraft
manufacturers. The Department seeks comment on the establishment of the
Accessible Air Transportation (ACCESS) Advisory Committee, the issues
to be addressed, and the proposed list of stakeholder types to be
represented on the Committee. We also invite nominations or
applications for membership on the ACCESS Advisory Committee. To the
extent it can do so consistent with the goal of ensuring effective
representation and necessary expertise, the Department will select
individuals who reflect the diversity among the organizations or groups
represented.

DATES:  Comments and nominations for Committee membership must be
received on or before April 21, 2016.

ADDRESSES:  You may submit comments using any one of the following
methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments.
     Mail: Docket Management Facility (M-30), U.S. Department
of Transportation, 1200 New Jersey Avenue SE., West Building, Ground
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>. To avoid duplication, please use only
one of these four methods. See the ``Submitting Comments'' portion of
the SUPPLEMENTARY INFORMATION section for instructions on submitting
comments. In all cases, please identify your comment with docket number
DOT-OST-2015-0246.

FOR FURTHER INFORMATION CONTACT: If you have questions about the
regulatory negotiation, you may contact Livaughn Chapman or Blane A.
Workie, Office of the Aviation Enforcement and Proceedings, U.S.
Department of Transportation, by email at<EMAIL_ADDRESS>or
<EMAIL_ADDRESS>or by telephone at<PHONE_NUMBER>. To obtain a copy
of this notice of intent in an accessible format, you may also contact
Livaughn Chapman.

SUPPLEMENTARY INFORMATION:

Submitting Comments

    If you submit a comment, please include the docket number for this
notice of intent (DOT-OST-2015-0246), indicate the specific section of
this document to which each comment applies, and provide a reason for
each

suggestion or recommendation. You may submit your comments and material
online, by mail, by hand delivery, or by fax. Please use only one of
these methods. DOT recommends that you include your name and a mailing
address, an email address, or a phone number with your comments so that
DOT can contact you if there are questions regarding your submission.
All comments and material received in the docket during this comment
period will be given consideration and become part of the record in
this rulemaking proceeding. We will consider to the extent practicable
all comments and material received in the docket after the comment
period ends.

Viewing Comments and Documents

    You may view comments on this notice of intent, as well as any
documents mentioned in this preamble as being available in the docket
at http://www.regulations.gov. After entering the docket number, click
the link to ``Open Docket Folder'' and choose the document to review.
If you do not have access to the Internet, you may view the docket
online by visiting the Docket Management Facility in Room W12-140 on
the ground floor of the DOT West Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., E.T., Monday through
Friday, except Federal holidays.

Submitting Nominations

    All nomination materials should be submitted electronically via
email to<EMAIL_ADDRESS>Any person needing accessibility
accommodations should contact Livaughn Chapman, Chief, Aviation Civil
Rights Compliance Branch, Office of Aviation Enforcement and
Proceedings, at<PHONE_NUMBER>.

Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

Background

    On December 7, 2015, the Department published a notice in the
Federal Register announcing its intent to consider a Reg-Neg on six
issues--(1) inflight entertainment accessibility; (2) supplemental
medical oxygen; (3) service animals; (4) accessible lavatories on
single-aisle aircraft; (5) seating accommodations; and (6) carrier
reporting of disability service requests.\1\ On January 5, 2016, the
Department subsequently announced an extension of the 30-day comment
period to January 21, 2016.\2\ At the close of the comment period, we
had received nearly 70 comments. To date, we have received close to 90
comments. The Department also announced that we had hired a neutral
convener, Mr. Richard Parker, a professor of law at the University of
Connecticut School of Law, to speak with representatives from among the
organizational interests mentioned above about the feasibility of
conducting a Reg-Neg on these six issues. Mr. Parker conducted
interviews with 46 different stakeholders representing these interests
and prepared a convening report to DOT on the feasibility of conducting
the negotiated rulemaking under consideration. The convening report is
available in the rulemaking docket at DOT-OST-2015-0246. Based on the
convening report, the comments received on the December notice, and on
the statutory factors in the Negotiated Rulemaking Act (5 U.S.C. 563),
DOT decided that it would be in the public interest to establish a
negotiated rulemaking committee (5 U.S.C. 564) with a narrower scope.
Chief among the statutory factors we considered in our decision was
whether a Committee could be assembled that would fairly represent all
affected interests, negotiate in good faith, and offer a reasonable
likelihood of reaching a consensus on the issues. We determined that
the following three issues were the most suitable for the Reg-Neg: (1)
Whether to require accessible inflight entertainment (IFE) and
strengthen accessibility requirements for other in-flight
communications; (2) whether to require an accessible lavatory on
single-aisle new aircraft over a certain size; and (3) whether to amend
the definition of ``service animals'' that may accompany passengers
with a disability on a flight. The Department intends to address the
remaining issues (supplemental medical oxygen, seating accommodations,
and carrier reporting of disability service requests) through other
actions.
---------------------------------------------------------------------------

    \1\ 80 FR 75953 (December 7, 2015).
    \2\ 81 FR 193 (January 5, 2016).
---------------------------------------------------------------------------

    In selecting these three issues for the Reg-Neg, the Department
considered the impact of the issues on all the affected stakeholders
and the likelihood of the Committee reaching agreement on
recommendations to the Department. Concerns expressed across interest
groups about service animals on aircraft suggested that stakeholders
would be motivated to come to agreement on their recommendations. While
the differences among stakeholders on IFE accessibility were greater,
there were other indications that consensus recommendations may be
achievable and that Committee deliberations might furnish highly
relevant and useful information and insight to guide Departmental
rulemaking deliberations in any event. For example, new technologies
and methods for providing IFE have created more accessible onboard
entertainment and communications options at lower cost than ever
before. Although lavatory accessibility on single aisle aircraft is
perhaps the longest standing and the most controversial of the issues
considered for the Reg-Neg, we believe that there are significant
advantages to including it. The Reg-Neg process will serve to educate
all the parties about the state of the art in lavatory accessibility
and allow stakeholders to identify regulatory options and share
information on their costs and benefits. We believe these stakeholder
discussions will enhance the possibility of reaching agreement on
proposals to recommend to the Department, and in furnishing useful
information to guide the Department's rulemaking if consensus is not
reached. For the above reasons, we believe that the scope of the
rulemaking should focus on these issues.
    The Department acknowledges the views and concerns of all the
participants in the convening process and is committed to addressing
the issues of supplemental medical oxygen, seating accommodations, and
carrier reporting of disability service requests as appropriate in
subsequent rulemaking or other actions.
    The Secretary of Transportation has approved a charter to govern
the activities of the ACCESS Advisory Committee in accordance with the
Federal Advisory Committee Act (FACA), 5 U.S.C. App. 2. In accordance
with section 14 of FACA, the charter provides for the ACCESS Advisory
Committee to remain in existence for two years after the filing date
unless sooner terminated or renewed. However, the Department intends to
complete the Reg-Neg for the proposed rule in 2016 and to publish a
Notice of Proposed Rulemaking (NPRM) in 2017.
    This notice of intent requests nominations for members of the
Committee to ensure a wide range of member candidates and a balanced
committee. The Secretary of Transportation will appoint approximately
25 Committee members,

including a representative of DOT, who will each serve until the stated
objectives of the Committee have been accomplished (i.e., the Committee
submits its recommendation to the Secretary). The Committee is expected
to meet every month from May to October 2016. Members should be senior
level officials who can commit their organizations and who either are
experts on accessibility with respect to the topics of interest to
their organizations or who have access to such experts.
    The Department will choose the Committee members based on four main
criteria: (1) Representativeness (does the applicant represent a
significant stakeholder group that will be substantially affected by
the final rule); (2) expertise (does the applicant bring essential
knowledge, expertise and/or experience regarding accessibility and the
topic area(s) of interest that will enrich the discussion of the
available options and their respective costs and benefits); (3) balance
(does the slate of selected applicants comprise a balanced array of
representative and expert stakeholders); and (4) willingness to
participate fully (is the applicant able and willing to attend the
listed meetings and associated working group conference calls, bring in
other experts from the applicant's organization as needed and relevant,
bargain in good faith, and generally contribute constructively to a
rigorous policy development process).
    Subject to change based on information received in response to this
notice of intent, DOT proposes for public comment the following list of
stakeholder categories to be members of the Committee:

 U.S. Department of Transportation
 Airlines (1 representative each from 2 large U.S. airlines, 2
large foreign airlines, 1 regional U.S. air carrier, 1 low-cost US air
carrier, and 1 charter carrier to be determined)
 Cross-disability advocacy groups (2 representatives to be
determined)
 Consumer groups (1 representative to be determined)
 Professional associations of flight attendants (1
representative to be determined)
 Advocacy groups for blind and visually impaired individuals (2
representatives to be determined)
 Advocacy Groups representing service animal users (1
representative to be determined)
 Advocacy Groups representing people with psychiatric
disabilities (1 representative to be determined)
 Providers, manufactures, or experts of IFE products, systems,
and services (2 representatives to be determined)
 Advocacy groups representing deaf and hard of hearing
individuals (2 representatives to be determined)
 Academic or non-profit institutions having technical expertise
in accessibility research and development (2 representatives to be
determined)
 Aircraft manufacturers (2 representatives to be determined)
 Advocacy groups representing individuals with mobility
disabilities (2 representatives to be determined)

    We believe that the aforementioned stakeholder categories represent
the interests significantly affected by this rulemaking. Organizations
from each stakeholder category may nominate a candidate for Committee
membership from their own organization, or jointly nominate a candidate
to represent their collective interests. The list is not presented as a
complete or exclusive list of stakeholder categories from which
Committee members will be selected. The list merely indicates the
stakeholder categories that DOT tentatively has identified as
representing significantly affected interests in the proposed rule to
enhance requirements for accessibility in air transportation. All
individuals or organizations who wish to be selected to serve on the
Committee should submit an application, regardless of whether their
stakeholder category appears on the above list. If anyone believes
their interests would not be adequately represented by one or more of
these categories, they should document that assertion in their comment
and/or their application for membership on the Committee. DOT requests
comments and suggestions regarding its tentative list of significantly
affected stakeholder categories from which potential members of the
Committee may be selected.
    Individuals applying for membership should keep in mind that
Committee members will be selected to represent not only the interest
of that individual's own organization but rather the collective
stakeholder interests of organizations in the same stakeholder
category. For example, an individual from a large U.S. airline selected
to serve on the Committee would represent not only its airline but all
large U.S. airlines. As such, the individual would be expected to
consult with other large airlines in bringing issues to the table and
making decisions on proposals before the Committee.
    Working groups may be formed to address the specific ACCESS
Advisory Committee issues. These working groups will include Committee
members but may also include experts or representatives who are not
Committee members. Such working groups will report back to the ACCESS
Advisory Committee. The experience of past Reg-Negs has been that
working groups play a vital role in the policy development process and
deliberations. They provide both Committee Members and non-Members an
important opportunity for meaningful participation and interaction in
identifying and weighing options and alternatives. The Department's
Office of Aviation Enforcement and Proceedings will provide appropriate
funding, logistics, administrative, and technical support for the
Committee and its working groups. DOT subject matter experts,
attorneys, and economists will also provide support to the Committee
and work groups. A Web site for Committee members, working group
members, and the public to access online general information, meeting
announcements, agendas, and minutes, as well as Committee and working
group work products will be established at https://www.transportation.gov/airconsumer/accesscommittee.
    At this time, we anticipate that the ACCESS Advisory Committee will
have six two-day meetings in Washington DC. We propose to hold the
meetings on the following dates: First meeting, May 17-18; second
meeting, June 14-15; third meeting, July 11-12; fourth meeting, August
16-17; fifth meeting, September 22-23, and the sixth and final meeting,
October 13-14. Individuals interested in serving on the Committee
should plan to attend each of these meetings in person. When
appropriate, designees will be permitted.
    Process and Deadline for Submitting Nominations: Organizations and/
or persons who believe they meet the criteria listed above are invited
to apply for membership on the ACCESS Advisory Committee to represent
the stakeholder interests of their organizational category with respect
to the proposed issues. Organizational applicants should indicate both
the stakeholder category they propose to represent and the individual
from their organization applying to serve on the Committee; describe
the responsibilities and qualifications of that person; and describe
the qualifications of any alternates or professional colleagues who
will be assisting the principal representative in the process.
    Qualified individuals can self-nominate or be nominated by any
stakeholder or stakeholder organization. To be considered for the
ACCESS

Advisory Committee, nominators should submit the following information:
    (1) Name, title, and relevant contact information (including phone
and email address) and a description of the issues addressed in this
rulemaking that such individual is qualified to address, and the
interests such a person shall represent;
    (2) A letter of support from a company, union, trade association,
or non-profit organization on letterhead containing a brief description
why the nominee is qualified and should be considered for membership to
the extent the nominee proposes to represent parties with interest in
this proceeding;
    (3) A written commitment that the applicant or nominee shall
actively participate in good faith in the development of the rule under
consideration;
    (4) Short biography of nominee including professional and academic
credentials;
    (5) An affirmative statement that the nominee meets all Committee
eligibility requirements; and
    (6) If applicable, the reason(s) that the parties identified in
this notice of intent as affected interests and stakeholders do not
adequately represent the interest of the person submitting the
application or nomination.
    All individuals representing a stakeholder interest who wish to
serve on the Reg-Neg Committee should apply for membership by supplying
the information listed above. Please do not send company, trade
association, or organization brochures or any other information.
Materials submitted should total two single-spaced pages or less.
Should more information be needed, DOT staff will contact the nominee,
obtain information from the nominee's past affiliations, or obtain
information from publicly available sources, such as the Internet.
Nominations may be emailed to<EMAIL_ADDRESS>Nominations must
be received by April 21, 2016.
    Nominees selected for appointment to the Committee will be notified
of appointment by email. Nominations are open to all individuals
without regard to race, color, religion, sex, national origin, age,
mental or physical handicap, marital status, or sexual orientation. To
ensure that recommendations to the Secretary take into account the
needs of the diverse groups served by DOT, membership shall include, to
the extent practicable, individuals with demonstrated ability to
represent persons with disabilities, minorities, and women. The
Department will file any comments it receives on this notice of intent
in docket DOT-OST-2015-0246. Notice to the public will be published in
the Federal Register at least 15 days prior to each plenary meeting of
the ACCESS Advisory Committee and members of the public will be invited
to attend.
    Issued under the authority of delegation in 49 CFR 1.27.

    Dated: April 4, 2016.
Kathryn B. Thomson,
General Counsel.
[FR Doc. 2016-08062 Filed 4-6-16; 8:45 am]
BILLING CODE 4910-9X-P


[Federal Register: January 30, 2009 (Volume 74, Number 19)]
[Notices]
[Page 5711-5713]
[DOCID:fr30ja09-108]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59289; File No. SR-NYSEArca-2009-06]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change to Introduce a
Pilot Program for NYSE Arca Trades

January 23, 2009.
    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 January 21, 2009, NYSE Arca, Inc. (``NYSE

Arca'' or the ``Exchange'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I and II below, which Items have been prepared by NYSE Arca. NYSE
Arca has designated the proposed rule change as constituting a non-
controversial rule change under Rule 19b-4(f)(6) under the Act,\3\
which renders the proposal effective upon filing with the Commission.
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\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    NYSE Arca proposes to establish a pilot program to introduce its
NYSE Arca Trades service at no charge. NYSE Arca Trades is a new NYSE
Arca-only market data service that allows a vendor to redistribute on a
real-time basis the same last sale information that NYSE Arca reports
to the Consolidated Tape Association (``CTA'') for inclusion in CTA's
consolidated data stream and certain other related data elements
(``NYSE Arca Last Sale Information'').

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 these statements may be examined at
the places specified in Item IV below. The self-regulatory organization
has prepared summaries, set forth in sections (A), (B) and (C) below,
of the most significant aspects of such statements.

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

1. Purpose
    a. The Service. The Exchange proposes to establish a pilot program
to introduce NYSE Arca Trades, a new service pursuant to which it will
allow vendors, broker-dealers and others (``NYSE Arca-Only Vendors'')
to make available NYSE Arca Last Sale Information on a real-time
basis.\4\ The Exchange will not impose any fees for the receipt and use
of NYSE Arca Trades, whether on vendors or subscribers, during the
pilot period.
---------------------------------------------------------------------------

    \4\ The Exchange notes that it will make the NYSE Arca Last Sale
Information available to vendors no earlier than it makes its last
sale information available to the processor under the CTA Plan.
---------------------------------------------------------------------------

    Contemporaneously with the proposed rule change, the Exchange
submitted a proposed rule change that seeks to establish a $750 per
month access fee for the receipt and redistribution of the NYSE Arca
Trades datafeed(s) and device fees for the end-use of NYSE Arca Trades'
NYSE Arca Last Sale Information (the ``NYSE Arca Trades Fee Filing'')
as follows:
    i. $5 per month per display device for the receipt and use of NYSE
Arca Last Sale Information relating to Network A and Network B Eligible
Securities (as the CTA Plan uses those terms); and
    ii. $5 per month per display device for the receipt and use of NYSE
Arca Last Sale Information relating to securities listed on Nasdaq.
    The Exchange would not commence to impose those fees until the
later of Commission approval of the NYSE Arca Trades Fee Filing and the
end of the pilot period.
    NYSE Arca Last Sale Information would include last sale information
for all securities that are traded on the Exchange.
    The Exchange will make NYSE Arca Last Sale Information available
through its new NYSE Arca Trades service at the same time as it
provides last sale information to the processor under the CTA Plan. In
addition to the information that the Exchange provides to CTA, NYSE
Arca Last Sale Information will also include a unique sequence number
that the Exchange assigns to each trade and that allows an investor to
track the context of the trade through such other Exchange market data
products as ArcaBook[supreg].
    The Exchange developed NYSE Arca Trades primarily at the request of
traders who are very latency sensitive. The latency difference between
accessing last sales through the NYSE Arca datafeed or through the CTA
datafeed can be measured in tens of milliseconds. The Exchange
anticipates that demand for the product will derive primarily from
investors and broker-dealers who desire to use NYSE Arca Trades to
power certain trading algorithms or smart order routers. The free
access to NYSE Arca Trades during the pilot period will enable
investors to determine whether NYSE Arca Trades provides value to their
business models and will enable the Exchange to make the service
available during the time required to obtain approval for the fees.
    b. Administrative Requirements. During the pilot period, the
Exchange will require NYSE Arca-Only Vendors to enter into the form of
``vendor'' agreement into which the CTA Plan requires recipients of the
Network A last sale prices information datafeeds to enter (the
``Network A Vendor Form''). The Network A Vendor Form will authorize
the NYSE Arca-Only Vendor to provide the NYSE Arca Trades service to
its subscribers and customers.
    The Network A Participants drafted the Network A Vendor Form as a
one-size-fits-all form to capture most categories of market data
dissemination. It is sufficiently generic to accommodate NYSE Arca
Trades. The Network A Vendor Form has been in use in substantially the
same form since 1990.\5\
---------------------------------------------------------------------------

    \5\ See Release Nos. 34-28407 (September 10, 1990), and 34-49185
(February 4, 2004).
---------------------------------------------------------------------------

    Similarly, the Exchange will require professional and non-
professional subscribers to NYSE Arca Trades to undertake to comply
with the same contract, reporting, payment, and other administrative
requirements as to which the Network A Participants subject them in
respect of Network A last sale information under the CTA Plan.
    c. Duration of Pilot Program. The Exchange proposes to commence the
pilot program shortly after submitting the proposed rule change to the
Commission. The Exchange proposes to conduct the pilot test for 90 days
from its commencement date.
    If, at the end of the pilot period, the Commission has not yet
acted on the NYSE Arca Trades Fee Filing, the Exchange will assess its
experience with NYSE Arca Trades and determine whether to extend or
modify the pilot program.
2. Statutory Basis
    The bases under the Act for the proposed rule change are the
requirements under Section 6(b)(5) that the rules of an exchange be
designed to promote just and equitable principles of trade and not to
permit unfair discrimination between customers, issuers, brokers or
dealers.
    The pilot program would benefit investors by providing a free
alternative to the last sale price information that they receive under
the CTA Plan.

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

    The Exchange 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.

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

    The Exchange has discussed the pilot program with those entities
that the Exchange believes would be the most likely to take advantage
of the proposed NYSE Arca Last Sale Information service by becoming
NYSE Arca-Only Vendors. While those entities have not submitted formal,
written comments on the proposal, the Exchange has incorporated some of
their ideas into the proposal and the proposed rule change reflects
their input. The Exchange has not received any unsolicited written
comments from members or other interested parties.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \6\ and Rule 19b-
4(f)(6) thereunder.\7\
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
NYSE Arca has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \8\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6) \9\ permits the Commission to
designate a shorter time if such action is consistent with the
protection of investors and the public interest. NYSE Arca requests
that the Commission waive the 30-day operative delay. The Commission
believes that waiving the 30-day operative delay \10\ is consistent
with the protection of investors and the public interest because such
waiver will allow the Exchange to immediately provide additional
information to investors at no cost. Therefore, the Commission
designates the proposal operative upon filing.
---------------------------------------------------------------------------

    \8\ 17 CFR 240.19b-4(f)(6).
    \9\ 17 CFR 240.19b-4(f)(6).
    \10\ 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).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate 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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2009-06 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-NYSEArca-2009-06. This
file number should be included on the subject line if e-mail 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 inspection
and copying in the Commission's Public Reference Room, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 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 publicly available. All
submissions should refer to File Number SR-NYSEArca-2009-06 and should
be submitted on or before February 20, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-1980 Filed 1-29-09; 8:45 am]

BILLING CODE 8011-01-P


From:	Brian Shrager/RTP/USEPA/US
To<EMAIL_ADDRESS><EMAIL_ADDRESS><EMAIL_ADDRESS>Cc:	David Cozzie/RTP/USEPA/US@EPA, RobertJ Wayland/RTP/USEPA/US
Date:	10/17/2011 12:57 PM
Subject:	Boiler/CISWI Briefing. Call-in number<PHONE_NUMBER>

(See attached file: Agenda for October 17 OMB Briefing V2.docx)


[Federal Register Volume 80, Number 80 (Monday, April 27, 2015)]
[Notices]
[Pages 23328-23329]
[FR Doc No: 2015-09634]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2014-0003 (PDA-37(R))]

New York City Permit Requirements for Transportation of Certain
Hazardous Materials

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

ACTION: Notice.

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SUMMARY: In accordance with statutory requirements, PHMSA is publishing
a notice of delay in processing the American Trucking Associations,
Inc.'s (ATA) application for a preemption determination concerning
requirements of the New York City Fire Department for a permit to
transport certain hazardous materials by motor vehicle through New York
City, or for transshipment from New York City, and the fee for the
permit. PHMSA is conducting fact-finding and legal analysis in response
to the request, and is delaying issuance of its determination in order
to allow time for appropriate consideration of the issues raised by the
application.

FOR FURTHER INFORMATION CONTACT: Vincent Lopez, Office of Chief Counsel
(PHC-10), Pipeline and Hazardous Materials Safety Administration, U.S.
Department of Transportation, 1200 New Jersey Avenue SE., Washington,
DC 20590; telephone No.<PHONE_NUMBER>; facsimile No.<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: ATA applied for an administrative
determination concerning whether Federal hazardous material
transportation law, 49 U.S.C. 5101 et seq., preempts requirements of
the New York City Fire Department for a permit to transport certain
hazardous materials by motor vehicle through New York City, or for
transshipment from New York City, and the fee for the permit. PHMSA
published notice of ATA's application in the Federal Register on April
17, 2014. 79 FR 21838.
    Title 49 U.S.C. 5125(d)(1) requires PHMSA to issue a decision on an
application for a preemption determination ``within 180 days after

the date of the publication of the notice of having received such
application, or the Secretary shall publish a statement in the Federal
Register of the reason why the Secretary's decision on the application
is delayed, along with an estimate of the additional time necessary
before a decision is made.''
    ATA's application for a preemption determination is still under
consideration by PHMSA. The Agency is currently conducting fact-finding
and legal analysis in response to the application. Because of this
additional fact-finding and legal analysis, it was impracticable to
issue a decision within the 180-day timeframe. In order to allow time
for full consideration of the issues raised by the application, PHMSA
delays issuance of its determination, and estimates a decision will be
published in approximately 120 days.

    Issued in Washington, DC, on April 21, 2015.
Joseph Solomey,
Senior Assistant Chief Counsel.
[FR Doc. 2015-09634 Filed 4-24-15; 8:45 am]
BILLING CODE 4910-60-P


[Federal Register Volume 80, Number 226 (Tuesday, November 24, 2015)]
[Proposed Rules]
[Page 73156]
[FR Doc No: 2015-29714]

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

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0760]
RIN 1625-AA11

Regulated Navigation Area; Reporting Requirements for Barges
Loaded With Certain Dangerous Cargoes, Inland Rivers, Eighth Coast
Guard District; Stay (Suspension) Expiring

AGENCY: Coast Guard, DHS.

ACTION: Notice of intent.

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SUMMARY: The stay of reporting requirements under the Regulated
Navigation Area (RNA) applicable to barges loaded with certain
dangerous cargoes on the inland rivers in the Eighth District area of
responsibility (AOR) is scheduled to expire on December 31, 2015. The
Coast Guard intends to allow the stay to expire in part. Once the stay
partially expires, RNA reporting requirements in a limited form will
resume under the existing regulation. The Coast Guard is developing an
amendment to the existing regulation.

DATES: November 24, 2015.

FOR FURTHER INFORMATION CONTACT: For information about this document
call or email Shelley Miller, Coast Guard; telephone<PHONE_NUMBER>,
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background and Regulatory History

    The reporting requirements under 33 CFR 165.830, ``Regulated
Navigation Area; Reporting Requirements for Barges Loaded with Certain
Dangerous Cargoes, Inland Rivers, Eighth Coast Guard District,'' were
initially suspended in January 2011 due to the expiration of the
contract for the reporting system at the Inland River Vessel Movement
Center (IRVMC). This suspension was published in the Federal Register
on January 10, 2011 and was due to expire on January 15, 2013 (76 FR
1360). On January 2, 2013, the Coast Guard extended this suspension
through September 30, 2013 (78 FR 25) and on October 1, 2013, the Coast
Guard extended the suspension again through December 31, 2015 (78 FR
60216). The suspension of reporting requirements is scheduled to expire
on December 31, 2015.
    Additionally, the Coast Guard published a final rule in January
2015 (80 FR 5282), titled Vessel Requirements for Notices of Arrival
and Departure, and Automatic Identification System. This rule contains
an exemption, at 33 CFR 160.204(a)(3), for any vessel required to
report its movements, its cargo, or the cargo in barges it is towing
under 33 CFR 165.830 after December 31, 2015.

II. Discussion

    The Coast Guard intends to allow the suspension of certain
reporting requirements under 33 CFR 165.830 to expire as scheduled. The
Coast Guard does not intend to reinstate reporting, 24 hours per day,
365 days per year, at 90 plus reporting points under the RNA as
currently published. Rather, we anticipate reporting will be required
in response to specific concerns, under a limited form of the RNA
currently in the CFR.
    Specifically, the Coast Guard is considering whether existing Sec.
165.830(d)(1)(ix), (d)(2)(iv), (f)(9), (g)(4), and (h) of the existing
RNA may take effect on January 1, 2016, with revisions to the
references to IRVMC. Although we have not yet developed revisions to
the existing regulation, we are publishing this document to inform
members of the public who are aware of, and may have questions about,
the upcoming expiration of the suspension.
    This document is issued under authority of 5 U.S.C. 552(a).

    Dated: November 9, 2015.
D.R. Callahan,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2015-29714 Filed 11-23-15; 8:45 am]
BILLING CODE 9110-04-P