[Federal Register Volume 79, Number 228 (Wednesday, November 26, 2014)]
[Rules and Regulations]
[Pages 70445-70447]
[FR Doc No: 2014-27359]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0174; Directorate Identifier 2013-NM-212-AD;
Amendment 39-18028; AD 2014-23-12]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
The Boeing Company Model 787-8 airplanes. This AD was prompted by a
report indicating that, on a different Boeing airplane model, there was
an oxygen-fed fire, which caused extensive damage to the flight deck.
This AD requires replacing the low-pressure oxygen hoses with non-
conductive hoses in the crew oxygen system. We are issuing this AD to
prevent inadvertent electrical current from passing through an
internal, anti-collapse spring of the low pressure oxygen hose, which
can cause the low-pressure oxygen hose to melt or burn, leading to an
oxygen-fed fire and/or smoke beneath the flight deck in the forward
electronics equipment bay.

DATES: This AD is effective December 31, 2014.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of December 31,
2014.

ADDRESSES: For Boeing service information identified in this AD,
contact Boeing Commercial Airplanes, Attention: Data & Services
Management, P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone
206-544-5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. For B/E Aerospace service information identified
in this AD, contact B/E Aerospace, Inc., Commercial Aircraft Products
Group, 10800 Pfluum Road, Lenexa, KS 66215; phone:<PHONE_NUMBER>; fax:
913-469-8419. You may view this referenced service information at the
FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA.
For information on the availability of this material at the FAA, call
425-227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0174; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The address for the Docket Office (phone: 800-647-
5527) is Docket Management Facility, U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Susan Monroe, Aerospace Engineer,
Cabin Safety and Environmental Systems Branch, ANM-150S, Seattle
Aircraft Certification Office, FAA, 1601 Lind Avenue SW., Renton, WA
98057-3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to certain The Boeing Company
Model 787-8 airplanes. The NPRM published in the Federal Register on
March 28, 2014 (79 FR 17457). The NPRM was prompted by a report
indicating that, on a different Boeing airplane model, there was an
oxygen-fed fire, which caused extensive damage to the flight deck. The
NPRM proposed to require replacing the low-pressure oxygen hoses with
non-conductive hoses in the crew oxygen system. We are issuing this AD
to prevent inadvertent electrical current from passing through an
internal, anti-collapse spring of the low pressure oxygen hose, which
can cause the low-pressure oxygen hose to melt or burn, leading to an
oxygen-fed fire and/or smoke beneath the flight deck in the forward
electronics equipment bay.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the NPRM (79
FR 17457, March 28, 2014) and the FAA's response to each comment.
    Boeing, United Airlines, and John Johnson stated that they support
the NPRM (79 FR 17457, March 28, 2014).

Request To Shorten Compliance Time

    The Air Line Pilots Association (ALPA) stated that it supports the
intent of the NPRM (79 FR 17457, March 28, 2014) but that the 60-month
compliance

time is excessive. ALPA recommended that the compliance time be
shortened. ALPA did not provide justification for its request, or
propose what the shorter compliance time should be.
    We do not agree that the compliance time for this final rule should
be shortened. In developing the compliance time we considered the
implications, parts availability, and normal maintenance schedules for
timely accomplishment of the replacement of the oxygen hoses. Further,
the compliance time is in keeping with the manufacturers' recommended
compliance time. Operators are always permitted to accomplish the
requirements of an AD earlier than the specified compliance time. If
additional data are presented that would justify reducing the
compliance time we may consider further rulemaking on this issue. We
have not changed this final rule in this regard.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this AD as proposed except for minor editorial changes. We have
determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM (79 FR 17457, March 28, 2014) for correcting the unsafe condition;
and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (79 FR 17457, March 28, 2014).

Costs of Compliance

    We estimate that this AD affects 6 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
            Action                  Labor cost        Parts cost       Cost per product          operators
----------------------------------------------------------------------------------------------------------------
Rework and replacement........  Up to 2 work-              $1,798   Up to $1,968.........  Up to $11,808.
                                 hours x $85 per
                                 hour = $170.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, all of the costs of this AD may be
covered under warranty, thereby reducing the cost impact on affected
individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.

Authority for This Rulemaking

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

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

2014-23-12 The Boeing Company: Amendment 39-18028; Docket No. FAA-
2014-0174; Directorate Identifier 2013-NM-212-AD.

(a) Effective Date

    This AD is effective December 31, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 787-8 airplanes,
certificated in any category, as identified in Boeing Alert Service
Bulletin B787-81205-SB350001-00, Issue 001, dated August 22, 2013.

(d) Subject

    Air Transport Association (ATA) of America Code 35, Oxygen.

(e) Unsafe Condition

    This AD was prompted by a report indicating that, on a different
Boeing airplane model, there was an oxygen-fed fire, which caused
extensive damage to the flight deck. We are issuing this AD to
prevent inadvertent electrical current from passing through an
internal, anti-collapse spring of the low pressure oxygen hose,
which can cause the low-pressure oxygen hose to melt or burn,
leading to an oxygen-fed fire and/or smoke beneath the flight deck
in the forward electronics equipment bay.

(f) Compliance

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

(g) Rework of Crew Oxygen Distribution Manifold Assembly

    For airplanes identified in Boeing Alert Service Bulletin B787-
81205-SB350001-00, Issue 001, dated August 22, 2013: Within 60
months after the effective date of this AD, rework the crew oxygen
distribution manifold assembly from part number (P/N) 4421086-101 to
P/N 4421086-102, in accordance with the Accomplishment Instructions
of Boeing Alert Service Bulletin B787-81205-SB350001-00, Issue 001,
dated August 22, 2013; and B/E Aerospace Service Bulletin 4421086-
35-001, Rev. 002, dated July 9, 2013; except as specified in
paragraph (i) of this AD.

(h) Replacement of Forward Crew Oxygen Supply Hose

    For airplanes identified as Group 2 in Boeing Alert Service
Bulletin B787-81205-SB350001-00, Issue 001, dated August 22, 2013:
Within 60 months after the effective date of this AD, replace the
forward crew oxygen supply hose with a new non-conductive forward
oxygen supply hose, in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin B787-81205-SB350001-
00, Issue 001, dated August 22, 2013.

(i) Exception to Service Information

    Paragraph III.A., ``Verification,'' of B/E Aerospace Service
Bulletin 4421086-35-001, Rev. 002, dated July 9, 2013, has a
typographical error. The last sentence in that paragraph states,
``If the decal shows PN 4421086-101, continue with the retrofit
steps in paragraph II.B.'' The sentence should refer to paragraph
III.B. of B/E Aerospace Service Bulletin 4421086-35-001, Rev. 002,
dated July 9, 2013.

(j) Parts Installation Prohibition

    As of the effective date of this AD, no person may install a
distribution manifold having B/E Aerospace P/N 4421086-101; a
flexible supply hose having B/E Aerospace P/N 4421189-016; or a
supply hose having Boeing P/N 4421189-023; on any airplane.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in paragraph (l) of this AD.
Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD if it is approved by the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that has been authorized by the Manager, Seattle ACO, to make
those findings. For a repair method to be approved, the repair must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.

(l) Related Information

    For more information about this AD, contact Susan Monroe,
Aerospace Engineer, Cabin Safety and Environmental Systems Branch,
ANM-150S, Seattle Aircraft Certification Office, FAA, 1601 Lind
Avenue SW., Renton, WA 98057-3356; phone:<PHONE_NUMBER>; fax: 425-
917-6590; email<EMAIL_ADDRESS>
(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Alert Service Bulletin B787-81205-SB350001-00, Issue
001, dated August 22, 2013.
    (ii) B/E Aerospace Service Bulletin 4421086-35-001, Rev. 002,
dated July 9, 2013.
    (3) For Boeing service information identified in this AD,
contact Boeing Commercial Airplanes, Attention: Data & Services
Management, P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207;
telephone<PHONE_NUMBER>, extension 1; fax<PHONE_NUMBER>; Internet
https://www.myboeingfleet.com.
    (4) For B/E service information identified in this AD, contact
B/E Aerospace, Inc., Commercial Aircraft Products Group, 10800
Pfluum Road, Lenexa, KS 66215; phone:<PHONE_NUMBER>; fax: 913-469-
8419.
    (5) You may view this service information at FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
    (6) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on November 5, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-27359 Filed 11-25-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 225 (Friday, November 24, 2017)]
[Notices]
[Pages 55831-55832]
[FR Doc No: 2017-25430]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

[ER-FRL-9036-3]

Environmental Impact Statements; Notice of Availability

    Responsible Agency: Office of Federal Activities, General
Information<PHONE_NUMBER> or http://www2.epa.gov/nepa/ nepa/.

Weekly receipt of Environmental Impact Statements (EIS) Filed 11/13/
2017 Through 11/17/2017
Pursuant to 40 CFR 1506.9

Notice

    Section 309(a) of the Clean Air Act requires that EPA make public
its comments on EISs issued by other Federal agencies. EPA's comment
letters on EISs are available at: https://cdxnodengn.epa.gov/cdx-nepa-public/action/eis/search.

EIS No. 20170229, Final, USACE, AZ, ADOPTION--South Mountain Freeway
(Loop 202), Contact: Jesse Rice<PHONE_NUMBER>.
EIS No. 20170230, Final, BPA, WA, Melvin R. Sampson Hatchery, Yakima
Basin Coho Project, Review Period Ends: 12/26/2017, Contact: Dave
Goodman<PHONE_NUMBER>.
EIS No. 20170231, Final, USFS, OR, Antelope Grazing Allotments AMP,
Review Period Ends: 01/08/2018, Contact: Benjamin Goodin (541) 947-
6251.
EIS No. 20170232, Draft, BR, CA, Pure Water San Diego Program, North
City

Project, Comment Period Ends: 01/08/2018, Contact: Doug McPherson (951)
695-5310.
EIS No. 20170233, Draft Supplement, AFRH, DC, Armed Forces Retirement
Home Master Plan Update, Comment Period Ends: 01/15/2018, Contact:
Justin Seffens<PHONE_NUMBER>.

Amended Notices

EIS No. 20170154, Draft, USACE, IL, The Great Lakes and Mississippi
River Interbasin Study--Brandon Road, Contact: Andrew Leichty (309)
794-5399.

    Revision to the FR Notice Published 09/15/2017; Extending Comment
Period from 11/16/2017 to 12/08/2017.

    Dated: November 20, 2017.
Kelly Knight,
Director, NEPA Compliance Division, Office of Federal Activities.
[FR Doc. 2017-25430 Filed 11-22-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: November 9, 2009 (Volume 74, Number 215)]
[Proposed Rules]
[Page 57618-57620]
[DOCID:fr09no09-17]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-0929; Airspace Docket No. 09-AGL-32]

Proposed Amendment of Class E Airspace; Lima, OH

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend Class E airspace at Lima, OH.
Additional controlled airspace is necessary to accommodate new Standard
Instrument Approach Procedures (SIAPs) at Lima Allen County Airport,
Lima, OH. The FAA is taking this action to enhance the safety and
management of Instrument Flight Rules (IFR) operations for SIAPs at
Lima Allen County Airport.

DATES: 0901 UTC. Comments must be received on or before December 24,
2009.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue, SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590-0001. You
must identify the docket number FAA-2009-0929/Airspace Docket No. 09-
AGL-32, at the beginning of your comments. You may also submit comments
through the Internet at http://www.regulations.gov. You may review the
public docket containing the proposal, any comments received, and any
final disposition in person in the Dockets Office between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The Docket Office
(telephone 1-800-647-5527), is on the ground floor of the building at
the above address.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center,
Operations Support Group, Federal Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone: (817) 321-
7716.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2009-0929/
Airspace Docket No. 09-AGL-32.'' The postcard will be date/time stamped
and returned to the commenter.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://
www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_
amendments/.
    Additionally, any person may obtain a copy of this notice by
submitting a request to the Federal Aviation Administration (FAA),
Office of Air Traffic Airspace Management, ATA-400, 800 Independence
Avenue, SW., Washington, DC 20591, or by calling<PHONE_NUMBER>.
Communications must identify both docket numbers for this notice.
Persons interested in being placed on a mailing list for future NPRM's
should contact the FAA's Office of Rulemaking<PHONE_NUMBER>, to
request a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

The Proposal

    This action proposes to amend Title 14, Code of Federal Regulations
(14 CFR), part 71 by adding additional Class E airspace extending
upward from 700 feet above the surface for SIAPs operations at Lima
Allen County Airport, Lima, OH. Controlled airspace is needed for the
safety and management of IFR operations at the airport.
    Class E airspace areas are published in Paragraph 6005 of FAA Order
7400.9T, dated August 27, 2009, and effective September 15, 2009, which
is incorporated by reference in 14 CFR 71.1. The Class E airspace
designation listed in this document would be published subsequently in
the Order.
    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
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, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, 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 would add additional controlled airspace at Lima Allen County
Airport, Lima, OH.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 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

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

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

Sec.  71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of FAA Order
7400.9T, Airspace Designations and Reporting Points, signed August 27,
2009, and effective September 15, 2009, is amended as follows:

Paragraph 6005 Class E Airspace areas extending upward from 700
feet or more above the surface of the earth.

* * * * *

AGL OH E5 Lima, OH [Amended]

Lima Allen County Airport, OH
    (Lat. 40[deg]42'25'' N., long. 84[deg]01'36'' W.)
Allen County VOR
    (Lat. 40[deg]42'26'' N., long. 83[deg]58'05'' W.)
Saint Rita's Medical Center, OH
Point in Space Coordinates
    (Lat. 40[deg]43'58'' N., long. 84[deg]06'23'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.6-mile radius of Lima Allen County Airport and

within 3 miles each side of the Allen County VOR 090[deg] radial
extending from the 6.6-mile radius to 7.4 miles east of the VOR, and
within a 6-mile radius of the Point in Space serving Saint Rita's
Medical Center, excluding the airspace within the Findlay, OH Class
E airspace area.
* * * * *

    Issued in Fort Worth, TX on October 14, 2009.
Roger M. Trevino,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. E9-26969 Filed 11-6-09; 8:45 am]

BILLING CODE 4910-13-P


STATE OF TENNESSEE FOR THE CHATTANOOGA EAC Hamilton County, Meigs County, Marion County and STATE OF GEORGIA FOR CHATTANOOGA EAC Catoosa County and Walker County COMPLETENESS CHECKLIST FOR EVALUATING CONTROL STRATEGIES The March 31, 2004 checklists for the Chattanooga and Tennessee EAC area is supplemented with this checklist to reflect the revisions to the control strategy and technical demonstration of attainment.

1. Does the control strategy describe one or more local or state measures that are specific, quantified and permanent, above and beyond what is already required?

Yes: An open burning ban and Stage I Vapor Recovery will be implemented at the state level in the Chattanooga ( GA) area in Catoosa and Walker counties. Additionally, Catoosa and Walker counties will pursue local measures such as truck stop electrification projects, school bus conversions and retrofits, and voluntary smog alert programs. In Hamilton, Meigs, and Marion counties and ozone season open burning ban, Stage I Vapor Recovery, anti idling , transit, ozone action day control and an On Board Diagnostics vehicle inspection and maintenance program for Hamilton County, Tennessee will be implemented.

2 through 6: All responses for checklist items 2 through 6 are still current as presented in the March 31, 2004 milestone checklists for the states of Georgia and Tennessee for the Chattanooga EAC area.

COMPLETENESS CHECKLIST FOR EVALUATING TECHNICAL ASSESSMENT 1. Are representative episodes modeled that were reflective of a typical ozone season exceedance that meets the EPA episode selection guidance to ensure that representative meteorological regimes are considered?

Yes: Cartesian Regression Tree ( CART) analysis used to identify representative regimes. Three regimes were identified for Chattanooga. Two exceedance days that represent two of the three key exceedance meteorological regimes for Chattanooga, with a range of 8 hour ozone exceedance concentrations from 98.1 to 105.5 were modeled. One episode was modeled: August 11 20, 2000. The episode is representative of conditions contributing to 8 hour ozone exceedances..

2. Does the plan include MOBILE6 and NONROAD model data as the basis for the emissions inventory? 3. Is local modeling used to develop the attainment control strategy?

Yes: The 8 hour ozone attainment demonstration for the Chattanooga EAC was, initially, independently developed by the States of Georgia and Tennessee using different modeling systems and inputs for the March 31, 2004 milestone submittal. Both demonstrations represent reasonable and plausible conditions. The Tennessee modeling in the March 31, 2004, submittal was reviewed as the primary modeling for the demonstration. This modeling was based on local or fine grid scale ( i. e., horizontal grid spacing of 4 kilometers ( km)). The Georgia modeling was submitted for the March 31, 2004 EAC milestone as corroborative or supporting data for the Chattanooga demonstration. It was based on regional modeling using a horizontal grid scale resolution of 12 km.

The revised modeling for the Chattanooga EAC area submitted in June 2004 is based on nested grids of 4/ 12/ 36 km and 35 vertical layers were used in the MM5 meteorological model. Nested grids of 4/ 12/ 36 km nested grids and 13 vertical layers were used in the CMAQ air quality modeling. The local assessment for the Chattanooga area is now analyzed within a 4 km grid. The revised modeling addresses the steps that should be developed in an attainment demonstration and adhere to draft EPA guidance.

4. Does the plan include documentation of the modeling system ( i. e., meteorological, emissions, air quality models, biogenic processor) used in the local demonstration?

Yes: Air quality, meteorological and emissions models used are CMAQ, MM5 and SMOKE ( Mobile 6 and NONROAD2002). BEIS3 database used to process biogenic emissions. EGAS4.0 used in developing future emissions.

5. Was the base case model performance evaluation documented and acceptable and consistent with EPA guidance?

Yes: Model performance for the one hour ozone concentrations was submitted and were acceptable. However, more work to improve the model performance is indicated. The model performance for the 8 hr statistics are needed for each EAC area.

6. Was a modeling protocol submitted?

No.

7. Does the modeling demonstrate that all ozone design values are less than 85 ppb?

Yes. In the March 31, 2004 milestone submittal, the Tennessee modeling predicted a 2007 future design value of 85.6 parts per billion ( ppb) that does not indicate attainment while the Georgia modeling did predict a 2007 future design value less than 85 ppb. Attainment is indicated when the future design value is less than 85 ppb. The supporting weight of evidence analysis ( overall model predicted ozone improvement, meteorological influences, and attainment test sensitivities) that accompanied the March 31, 2004 attainment modeling also was inconclusive to support a decision that Chattanooga would more than likely attain the NAAQS by 2007. The EPA believed additional control measures would be needed. Additional details on the March 31, 2004 submittal and EPA's review are included in the April 30, 2003 Federal Register ( 69 FR 23858) and on the EAC website at: http:// www. epa. gov/ ttn/ naaqs/ ozone/ eac/ index. htm.. In the June 2004 revised modeling based on the 4 km grid developed by the state of Georgia, the modeled and screening test indicates attainment. Future design values are indicated in the following table.

monitor location 1999 2001 ambient design values 2007 modeled design values FDV Sequoyah 93 81 Chattanooga VAAP 92 81 Meigs Co. 93 81 8. If the modeling does not demonstrate that all design values are less than 85 ppb, was acceptable weight of evidence provided and consistent with EPA guidance that shows the area will attain the 8 hour ozone standard by December 31, 2007?

Yes/ No Comment field: A weight of evidence analysis is not needed if the modeled and screening attainment tests are passed.

CONCLUSION: In June 2004, the states of Georgia and Tennessee collectively submitted revised modeling which includes additional local control measures to support the first deferral of the effective designation date for the Chattanooga EAC. area. The modeling is based on a revision to the March 31, 2004 Georgia EAC modeling submitted Chattanooga. EPA believes the technical information submitted is adequate to grant a deferral of the effective designation data. This review does not constitute a decision of approval of the attainment demonstration which will be submitted in December 2004. EPA will perform a more comprehensive review of the Georgia and Tennessee technical analyses before making a decision on the attainment demonstration. Both the March 31, 2004 modeling submitted by Tennessee and the current GA modeling address the steps that should be developed in an attainment demonstration and adhere to draft EPA guidance. However, the conclusions from these submittals do not totally agree. The TN modeling does not indicate attainment but suggests that additional controls are needed. Additional controls have been identified and were modeled in the June 2004 state of GA modeling. Additional information in needed as mentioned above to complete the technical demonstration.

*****************************************************************************

DOES THE EARLY ACTION COMPACT PLAN MEET THE MARCH 31, 2004 MILESTONE? Yes  Hamilton County and Meigs County, Tennessee, and Catoosa County, Georgia have met the March 31, 2004 milestone to qualify for a deferral, to September 30, 2005, of the effective date of nonattainment designation for the 8 hour ozone standard. Marion County, TN and Walker County, GA are designated attainment, effective June 15, 2004. ******************************************************************************


[Federal Register Volume 87, Number 38 (Friday, February 25, 2022)]
[Notices]
[Pages 10787-10789]
[FR Doc No: 2022-03885]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9337-01-OW]

Notice of Availability of the Deepwater Horizon Oil Spill Texas
Trustee Implementation Group Draft Restoration Plan/Environmental
Assessment #2: Restoration of Wetlands, Coastal, and Nearshore
Habitats; Nutrient Reduction; Oysters; Sea Turtles; and Birds

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability; request for public comments.

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

SUMMARY: In accordance with the Oil Pollution Act of 1990 (OPA) and the
National Environmental Policy Act (NEPA), the federal and state natural
resource trustee agencies for the Texas Trustee Implementation Group
(Texas TIG) prepared the Draft Restoration Plan/Environmental
Assessment #2: Restoration of Wetlands, Coastal, and Nearshore
Habitats; Nutrient Reduction; Oysters; Sea Turtles; and Birds (Draft
RP/EA #2). The Draft RP/EA #2 describes and proposes restoration
project alternatives considered by the Texas TIG to restore natural
resources and ecological services injured or lost as a result of the
Deepwater Horizon oil spill. The Texas TIG evaluated these alternatives
under criteria set forth in the OPA natural resource damage assessment
(NRDA) regulations and evaluated the environmental consequences of the
restoration alternatives in accordance with the NEPA. The proposed
projects are consistent with the restoration alternatives selected in
the Deepwater Horizon Oil Spill: Final Programmatic Damage Assessment
and Restoration Plan and Final Programmatic Environmental Impact
Statement (PDARP/PEIS). This notice informs the public of the
availability of the Draft RP/EA #2 and provides an opportunity for the
public to submit comments on the document.

DATES: The Texas TIG will consider public comments received on or
before March 28, 2022.
    Public Webinar: The Texas TIG will conduct a public webinar on
March 9, 2022, at 6 p.m. Central Standard Time to facilitate public
review and comment on the Draft RP/EA #2. The public webinar will
include a presentation on the Draft RP/EA #2. Public comments will be
taken during the public webinar. The public may register for the
webinar at https://attendee.gotowebinar.com/register/2667653123715836432. After registering, participants will receive a
confirmation email with instructions for joining the webinar. The
presentation will be posted on the web after the webinar is conducted.

ADDRESSES:
    Obtaining Documents: You may download the Draft RP/EA #2 at https://www.gulfspillrestoration.noaa.gov/restoration-areas/texas.
Alternatively, you may request a compact disc (CD) of the Draft RP/EA
#2 (see FOR FURTHER INFORMATION CONTACT). You may also view the
document at any of the public facilities listed at https://www.gulfspillrestoration.noaa.gov/restoration-areas/texas.
    Submitting Comments: You may submit comments on the Draft RP/EA #2
by one of the following methods:
     Via the Web: https://parkplanning.nps.gov/TXRP2.
     Via U.S. Mail: U.S. Fish and Wildlife Service, P.O. Box
29649, Atlanta, GA 30345.
     During the Public Webinar: Comments may be provided by the
public during the webinar on March 9, 2022.
    Once submitted, comments cannot be edited or withdrawn. The Texas
TIG may publish any comment received regarding the document. Do not
submit electronically any information you consider to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Multimedia submissions (audio, video, etc.) must
be accompanied by a written comment. The written comment is considered
the official comment and should include discussion of all points you
wish to make. The Texas TIG will generally not consider comments or
comment contents located outside of the written submission (i.e., on
the web, cloud, or other file sharing system). Please be aware that
your entire

comment, including your personal identifying information, will become
part of the public record. Please note that mailed comments must be
postmarked on or before the comment deadline of March 28, 2022.

FOR FURTHER INFORMATION CONTACT:
     Texas--Angela Schrift; [email protected]; 512-
389-8755.
     EPA--Douglas Jacobson; [email protected]; 214-665-
6692.

SUPPLEMENTARY INFORMATION:

Introduction

    On April 20, 2010, the mobile offshore drilling unit Deepwater
Horizon, which was being used to drill a well for BP Exploration and
Production, Inc. (BP), in the Macondo prospect (Mississippi Canyon 252-
MC252), experienced a significant explosion, fire, and subsequent
sinking in the Gulf of Mexico, resulting in the release of an
unprecedented volume of oil and other discharges from the rig and from
the wellhead on the seabed. The Deepwater Horizon oil spill is the
largest offshore oil spill in U.S. history, discharging millions of
barrels of oil over a period of 87 days. The Trustees conducted the
natural resource damage assessment for the Deepwater Horizon oil spill
under the OPA. Under the OPA, federal and state agencies act as
trustees on behalf of the public to assess natural resource injuries
and losses and to determine the actions required to compensate the
public for those injuries and losses. The OPA further instructs the
designated trustees to develop and implement a plan for the
restoration, rehabilitation, replacement, or acquisition of the
equivalent of the injured natural resources under their trusteeship,
including the loss of use and services from those resources from the
time of injury until the time restoration to baseline (the resource
quality and conditions that would exist if the spill had not occurred)
is complete.
    The Deepwater Horizon oil spill Trustees are:
     U.S. Environmental Protection Agency (EPA);
     U.S. Department of the Interior (DOI), as represented by
the National Park Service, U.S. Fish and Wildlife Service, and Bureau
of Land Management;
     National Oceanic and Atmospheric Administration (NOAA), on
behalf of the U.S. Department of Commerce;
     U.S. Department of Agriculture (USDA);
     State of Louisiana Coastal Protection and Restoration
Authority, Oil Spill Coordinator's Office, Department of Environmental
Quality, Department of Wildlife and Fisheries, and Department of
Natural Resources;
     State of Mississippi Department of Environmental Quality;
     State of Alabama Department of Conservation and Natural
Resources and Geological Survey of Alabama;
     State of Florida Department of Environmental Protection
and Fish and Wildlife Conservation Commission; and
     State of Texas Parks and Wildlife Department (TPWD),
General Land Office (TGLO), and Commission on Environmental Quality
(TCEQ).
    On April 4, 2016, the Trustees reached and finalized a settlement
of their natural resource damage claims with BP in a Consent Decree
approved by the United States District Court for the Eastern District
of Louisiana. Pursuant to that Consent Decree, restoration projects in
the Texas Restoration Area are chosen and managed by the Texas TIG. The
Texas TIG is composed of the following Trustees: TPWD, TGLO, TCEQ, EPA,
DOI, NOAA, USDA.

Background

    In an October 2020 notice posted at https://www.gulfspillrestoration.noaa.gov/2020/10/submit-your-ideas-texas-restoration-area-planning, the Texas TIG requested public input on
restoration project ideas in the Texas Restoration Area within the
following restoration types: Wetlands, Coastal, and Nearshore Habitats,
Nutrient Reduction, Oysters, Sea Turtles, and Birds. The Texas TIG
reviewed and considered these restoration project ideas in developing
the Draft RP/EA #2.

Overview of the Draft RP/EA

    The Draft RP/EA #2 is being released in accordance with the OPA,
NRDA implementing regulations, and the NEPA. In the Draft RP/EA #2, the
Texas TIG presents to the public the Texas TIG's most recent plan to
restore natural resources and ecological services injured or lost as a
result of the Deepwater Horizon oil spill. The Draft RP/EA #2 evaluates
a total of eighteen restoration project alternatives within the Texas
Restoration Area. Of those, thirteen are identified as preferred
alternatives. The Draft RP/EA #2 also evaluates a no-action
alternative. The Draft RP/EA #2 proposes the following preferred
project alternatives for each restoration type:

Wetlands, Coastal, and Nearshore Habitats

     Bird Island Cove Habitat Restoration--Construction;
     Bahia Grande Channel F Hydrologic Restoration;
     Follets Island Habitat Acquisition Phase 2; and
     Galveston Island Habitat Acquisition.

Nutrient Reduction

     Petronila Creek Constructed Wetlands Planning; and
     Petronila Creek Watershed Nutrient Reduction Initiative.

Oysters

     Landscape Scale Oyster Restoration in Galveston Bay.

Sea Turtles

     Upper Texas Coast Sea Turtle Rehabilitation Facility; and
     Lancha Sea Turtle Mitigation Plan.

Birds

     Laguna Vista Rookery Island Habitat Protection;
     Jones Bay Oystercatcher Habitat Restoration;
     San Antonio Bay Bird Island; and
     Texas Breeding Shorebird and Seabird Stewardship.
    The total estimated cost of the preferred alternatives is
approximately $39 million. One or more alternatives may be selected for
implementation by the Texas TIG. Additional restoration planning for
the Texas Restoration Area will continue.

Next Steps

    The public is encouraged to review and comment on the Draft RP/EA
#2. A public webinar is scheduled to help facilitate the public review
and comment process. After the public comment period ends, the Texas
TIG will consider the comments received before finalizing the Final RP/
EA #2. A summary of comments received and the Texas TIG's responses and
any revisions to the document, as appropriate, will be included in the
final document.

Administrative Record

    The documents comprising the Administrative Record for the Draft
RP/EA #2 can be viewed electronically at https://www.doi.gov/deepwaterhorizon/adminrecord.

Authority

    The authority for this action is the Oil Pollution Act of 1990 (33
U.S.C. 2701 et seq.), its implementing NRDA

regulations found at 15 CFR part 990, and the NEPA (42 U.S.C. 4321 et
seq.).

Benita Best-Wong,
Deputy Assistant Administrator, Office of Water.
[FR Doc. 2022-03885 Filed 2-24-22; 8:45 am]
BILLING CODE 6560-50-P


From:
Jones, DonnaLee<EMAIL_ADDRESS>Sent:
Wednesday, July 20, 2022 11:15 AM
To:
<EMAIL_ADDRESS>Cc:
French, Chuck<EMAIL_ADDRESS>Hunt, Virginia<EMAIL_ADDRESS>Subject:
EAF extension request

Please see attached for our response to your request for an extension to the comment period for the proposed rule, Standards of Performance for Steel Plants: Electric Arc Furnaces (40 CFR, part 60, subparts AA and AAa).

Regards,
Donna Lee Jones, Ph.D.
Senior Technical Advisor, Metals Sector
U. S. Environmental Protection Agency
Office of Air Quality Planning and Standards
Sector Policies and Programs Division / Metals & Inorganic Chemicals Group (D243-02)
Research Triangle Park, NC  27711  Tele:<PHONE_NUMBER>  Fax<PHONE_NUMBER>
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
"Reasonableness never fails to be appreciated."  - anon.

Pronouns - She/Her/Hers
Salutation - Dr./Ms.

<< Response to USSteel.pdf >>


[Federal Register Volume 84, Number 46 (Friday, March 8, 2019)]
[Notices]
[Pages 8553-8557]
[FR Doc No: 2019-04172]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-85244; File No. SR-NYSEArca-2018-82]

Self-Regulatory Organizations; NYSE Arca, Inc.; Order Granting
Approval of a Proposed Rule Change, as Modified by Amendment Nos. 1 and
2, Regarding Certain Changes Relating to Investments of the PGIM Active
High Yield Bond ETF

March 4, 2019.

I. Introduction

    On November 16, 2018, NYSE Arca, Inc. (``Exchange'' or ``NYSE
Arca'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-44 thereunder,\2\ a
proposed rule change to continue to list and trade shares (``Shares'')
of the PGIM Active High Yield Bond ETF (``Fund''), a series of PGIM ETF
Trust (``Trust''), under NYSE Arca Rule 8.600-E. The proposed rule
change was published for comment in the Federal Register on December 6,
2018.\3\ On January 17, 2019, the Commission designated a longer period
within which to approve the proposed rule change, disapprove the
proposed rule change, or institute proceedings to determine whether to
disapprove the proposed rule change.\4\ On February 6, 2019, the
Exchange filed Amendment No. 1 to the proposed rule change, which
replaced and superseded the proposed rule change as originally
filed.\5\ On February 21, 2019, the Exchange filed Amendment No. 2 to
the proposed rule change, which replaced and superseded the proposed
rule change as modified by Amendment No.

1.\6\ The Commission has received no comments on the proposal. This
order grants approval of the proposed rule change, as modified by
Amendment Nos. 1 and 2.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-44.
    \3\ See Securities Exchange Act Release No. 84696 (Nov. 30,
2018), 83 FR 62915.
    \4\ See Securities Exchange Act Release No. 84987, 84 FR 0855
(Jan. 31, 2019). The Commission designated March 6, 2019, as the
date by which the Commission shall approve or disapprove, or
institute proceedings to determine whether to disapprove, the
proposed rule change.
    \5\ Amendment No. 1 to the proposed rule change is available at:
https://www.sec.gov/comments/sr-nysearca-2018-82/srnysearca201882-4891452-177603.pdf.
    \6\ In Amendment No. 2, which replaced and superseded the
proposed rule change as modified by Amendment No. 1, the Exchange:
(1) Provided additional information regarding certain of the Fund's
permitted investments; (2) changed references to ``affiliated short-
term bond funds'' to the ``Affiliated Short Term Bond Fund''; (3)
added as permitted ``Non-Principal Investments'' repurchase
agreements and reverse repurchase agreements other than those
included as cash equivalents under Commentary .01(c) to NYSE Arca
Rule 8.600-E; (4) clarified that the Fund's investments will be
consistent with the Fund's investment objective and will not be used
to enhance leverage; (5) described the availability of price
information for certain of the Fund's permitted investments; (6)
specified when the NAV for the Shares will be calculated and
disseminated; and (7) made changes of a technical nature. Because
Amendment No. 2 does not materially alter the substance of the
proposed rule change or raise unique or novel regulatory issues
under the Act, Amendment No. 2 is not subject to notice and comment.
Amendment No. 2 to the proposed rule change is available at: https://www.sec.gov/comments/sr-nysearca-2018-82/srnysearca201882-4962016-178627.pdf.
---------------------------------------------------------------------------

II. Description of the Proposal, as Modified by Amendment Nos. 1 and 2
7
---------------------------------------------------------------------------

    \7\ Additional information regarding, among other things, the
Shares, the Fund, investment objective, permitted investments,
investment restrictions, investment adviser and subadviser, creation
and redemption procedures, availability of information, trading
halts and rules, and surveillance procedures can be found in
Amendment No. 2 and in the Registration Statement. See Amendment No.
2, supra note 6, and Registration Statement, infra note 8,
respectively.
---------------------------------------------------------------------------

    The Trust is registered under the 1940 Act.\8\ The Shares \9\ are
currently listed and traded on the Exchange under Commentary .01 to
NYSE Arca Rule 8.600-E,\10\ which provides generic criteria applicable
to the listing and trading of Managed Fund Shares.\11\ However, the
Fund intends to change its investment strategy such that the Shares
would no longer qualify for generic listing on the Exchange.
Specifically, the Fund's portfolio would continue to satisfy all of the
generic listing requirements except that:
---------------------------------------------------------------------------

    \8\ On June 28, 2018, 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) (``Securities Act''), and
under the 1940 Act relating to the Fund (File Nos. 333-222469 and
811-23324) (``Registration Statement''). The Commission has issued
an order granting certain exemptive relief to the Trust under the
1940 Act. See Investment Company Act Release No. 31095 (Jun. 24,
2014) (File No. 812-14267).
    \9\ 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.
    \10\ The Shares commenced trading on the Exchange on April 10,
2018. See Amendment No. 2, supra note 6, at 4, n.1.
    \11\ A Managed Fund Share is a security that: (1) Represents an
interest in a registered investment company (``Investment Company'')
organized as an open-end management investment company or similar
entity, that invests in a portfolio of securities selected by the
Investment Company's investment adviser consistent with the
Investment Company's investment objectives and policies; (b) is
issued in a specified aggregate minimum number in return for a
deposit of a specified portfolio of securities and/or a cash amount
with a value equal to the next determined net asset value; and (c)
when aggregated in the same specified minimum number, may be
redeemed at a holder's request, which holder will be paid a
specified portfolio of securities and/or cash with a value equal to
the next determined net asset value. See NYSE Arca Rule 8.600-
E(c)(1).
---------------------------------------------------------------------------

     Investments in non-agency, non-government sponsored entity
and privately issued mortgage-related and other asset-backed securities
(``Private ABS/MBS'') may account for up to 20% of the total assets of
the Fund (rather than 20% of the weight of the fixed income portion of
the portfolio, as required under Commentary .01(b)(5));
     fixed income securities that do not meet any of the
criteria in Commentary .01(b)(4) will not exceed 10% of the total
assets of the Fund (rather than such securities not comprising more
than 10% of the fixed income weight of the portfolio, as prescribed by
that criterion);
     the Fund's investments in shares of the Affiliated Short
Term Bond Fund \12\ and other non-exchange-traded open-end management
investment company securities would not meet the requirements of
Commentary .01(a)(1)(A) through (E) to Rule 8.600-E.\13\
---------------------------------------------------------------------------

    \12\ Shares of the ``Affiliated Short Term Bond Fund'' are
shares of the PGIM Core Ultra Short Bond Fund or, if the PGIM Core
Ultra Short Bond Fund is no longer offered with the same investment
objective, shares of any successor fund or other affiliated open-end
investment company registered under the 1940 Act with a
substantially similar investment objective. See Amendment No. 2,
supra note 6, at 6-7.
    \13\ Investments in shares of the Affiliated Short Term Bond
Fund will not exceed 25% of the total assets of the Fund, and
investments in other non-exchange-traded open-end management
investment company securities will not exceed 10% of the total
assets of the Fund. See id. at 9.
---------------------------------------------------------------------------

     the Fund's investments in convertible and non-convertible
preferred stocks, warrants, and Work Out Securities \14\ may account
for up to 10% of the Fund's assets in the aggregate, and would not meet
the requirements of Commentary .01(a)(1) to NYSE Arca Rule 8.600-E and/
or Commentary .01(a)(2) to NYSE Arca Rule 8.600-E with respect to the
Fund's equity securities holdings.
---------------------------------------------------------------------------

    \14\ For purposes of this proposed rule change, Work Out
Securities include U.S. or foreign equity securities of any type
acquired in connection with restructurings or incidental to the
purchase or ownership related to issuers of Principal Investment
Instruments held by the Fund. Work Out Securities are generally
traded over-the-counter (``OTC''), but may be traded on a U.S. or
foreign exchange. See id. at 8. The term ``Principal Investment
Instruments'' is defined in Amendment No. 2, supra note 6, at 6.
---------------------------------------------------------------------------

    According to the Exchange, these deviations from the generic
requirements are necessary for the Fund to achieve its investment
objective in a manner that is cost-effective and that maximizes
investors' returns.\15\
---------------------------------------------------------------------------

    \15\ See id. at 14.
---------------------------------------------------------------------------

III. Discussion and Commission Findings

    After careful review, the Commission finds that the Exchange's
proposal to list and trade the Shares, as modified by Amendment Nos. 1
and 2, is consistent with the Act and the rules and regulations
thereunder applicable to a national securities exchange.\16\ In
particular, the Commission finds that the proposed rule change, as
modified by Amendment Nos. 1 and 2, is consistent with Section 6(b)(5)
of the Act,\17\ which requires, among other things, that the Exchange's
rules be designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to remove
impediments to and perfect the mechanism of a free and open market and
a national market system, and, in general, to protect investors and the
public interest. As mentioned above, the Fund's portfolio would
continue to meet all of the generic listing criteria except for the
requirements of: (1) Commentary .01(a)(1) \18\ and/or Commentary

.01(a)(2) \19\ to Rule 8.600-E; (2) Commentary .01(a)(1)(A) through (E)
to NYSE Arca Rule 8.600-E; \20\ (3) Commentary .01(b)(4) to NYSE Arca
Rule 8.600-E; \21\ and (4) Commentary .01(b)(5) to NYSE Arca Rule
8.600-E.\22\ The Commission believes that the Fund's proposed maximum
level of investment in private ABS/MBS is consistent with the
Commission's previous approval of the listing of shares of other
actively managed ETFs that could invest up to 20% of their total assets
in non-U.S. Government, non-agency, non-GSE and other privately issued
ABS and MBS.\23\
---------------------------------------------------------------------------

    \16\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \17\ 15 U.S.C. 78f(b)(5).
    \18\ Commentary .01(a)(1) to Rule 8.600-E provides that the
component stocks of the equity portion of a portfolio that are U.S.
Component Stocks shall meet the following criteria initially and on
a continuing basis: (A) Component stocks (excluding Derivative
Securities Products and Index-Linked Securities) that in the
aggregate account for at least 90% of the equity weight of the
portfolio (excluding such Derivative Securities Products and Index-
Linked Securities) each shall have a minimum market value of at
least $75 million; (B) Component stocks (excluding Derivative
Securities Products and Index-Linked Securities) that in the
aggregate account for at least 70% of the equity weight of the
portfolio (excluding such Derivative Securities Products and Index-
Linked Securities) each shall have a minimum monthly trading volume
of 250,000 shares, or minimum notional volume traded per month of
$25,000,000, averaged over the last six months; (C) The most heavily
weighted component stock (excluding Derivative Securities Products
and Index-Linked Securities) shall not exceed 30% of the equity
weight of the portfolio, and, to the extent applicable, the five
most heavily weighted component stocks (excluding Derivative
Securities Products and Index-Linked Securities) shall not exceed
65% of the equity weight of the portfolio; (D) Where the equity
portion of the portfolio does not include Non-U.S. Component Stocks,
the equity portion of the portfolio shall include a minimum of 13
component stocks; provided, however, that there shall be no minimum
number of component stocks if (i) one or more series of Derivative
Securities Products or Index-Linked Securities constitute, at least
in part, components underlying a series of Managed Fund Shares, or
(ii) one or more series of Derivative Securities Products or Index-
Linked Securities account for 100% of the equity weight of the
portfolio of a series of Managed Fund Shares; (E) Except as provided
herein, equity securities in the portfolio shall be U.S. Component
Stocks listed on a national securities exchange and shall be NMS
Stocks as defined in Rule 600 of Regulation NMS under the Securities
Exchange Act of 1934; and (F) American Depositary Receipts
(``ADRs'') in a portfolio may be exchange-traded or non-exchange-
traded. However, no more than 10% of the equity weight of a
portfolio shall consist of non-exchange-traded ADRs.
    \19\ Commentary .01(a)(2) to Rule 8.600-E provides that the
component stocks of the equity portion of a portfolio that are Non-
U.S. Component Stocks shall meet the following criteria initially
and on a continuing basis: (A) Non-U.S. Component Stocks each shall
have a minimum market value of at least $100 million; (B) Non-U.S.
Component Stocks each shall have a minimum global monthly trading
volume of 250,000 shares, or minimum global notional volume traded
per month of $25,000,000, averaged over the last six months; (C) The
most heavily weighted Non-U.S. Component stock shall not exceed 25%
of the equity weight of the portfolio, and, to the extent
applicable, the five most heavily weighted Non-U.S. Component Stocks
shall not exceed 60% of the equity weight of the portfolio; (D)
Where the equity portion of the portfolio includes Non-U.S.
Component Stocks, the equity portion of the portfolio shall include
a minimum of 20 component stocks; provided, however, that there
shall be no minimum number of component stocks if (i) one or more
series of Derivative Securities Products or Index-Linked Securities
constitute, at least in part, components underlying a series of
Managed Fund Shares, or (ii) one or more series of Derivative
Securities Products or Index-Linked Securities account for 100% of
the equity weight of the portfolio of a series of Managed Fund
Shares; and (E) Each Non-U.S. Component Stock shall be listed and
traded on an exchange that has last-sale reporting.
    \20\ See supra note 18.
    \21\ Commentary .01(b)(4) provides that component securities
that in the aggregate account for at least 90% of the fixed income
weight of the portfolio must be either: (a) From issuers that are
required to file reports pursuant to Sections 13 and 15(d) of the
Act; (b) from issuers that have a worldwide market value of its
outstanding common equity held by non-affiliates of $700 million or
more; (c) from issuers that have outstanding securities that are
notes, bonds debentures, or evidence of indebtedness having a total
remaining principal amount of at least $1 billion; (d) exempted
securities as defined in Section 3(a)(12) of the Act; or (e) from
issuers that are a government of a foreign country or a political
subdivision of a foreign country.
    \22\ Commentary .01(b)(5) to NYSE Arca Rule 8.600-E provides
that non-agency, non-government sponsored entity and privately
issued mortgage-related and other asset-backed securities components
of a portfolio may not account, in the aggregate, for more than 20%
of the weight of the fixed income portion of the portfolio.
    \23\ See, e.g., Securities Exchange Act Release No. 80946 (Jun.
15, 2017) 82 FR 28126 (Jun. 20, 2017) (SR-NASDAQ-2017-039);
Securities Exchange Act Release No. 76412 (Nov. 10, 2015), 80 FR
71880 (Nov. 17, 2015) (SR-NYSEArca-2015-111).
---------------------------------------------------------------------------

    With respect to the Fund's investments in shares of the
``Affiliated Short Term Bond Fund'' and other non-exchange traded open-
end management investment company securities, the Commission notes
that: (1) Such securities must satisfy applicable 1940 Act
diversification requirements; and (2) the value of such securities is
based on the value of securities and financial assets held by those
investment companies.\24\ The Commission therefore believes that the
Fund's investments in shares of the Affiliated Short Term Bond Fund and
non-exchange-traded open-end management investment company securities
\25\ would not make the Shares susceptible to fraudulent or
manipulative acts and practices. Similarly, the Commission believes
that the level of investment by the Fund in securities that do not
satisfy the requirements of Commentary .01(b)(4) to NYSE Arca Rule
8.600-E, and Commentary .01(a)(1) to NYSE Arca Rule 8.600-E and/or
Commentary .01(a)(2) to NYSE Arca Rule 8.600-E--i.e., no more than 10%
of the Fund's total assets--would not make the Shares susceptible to
fraudulent or manipulative acts and practices.
---------------------------------------------------------------------------

    \24\ See Amendment No. 2, supra note 6, at 17.
    \25\ See supra note 13.
---------------------------------------------------------------------------

    The Exchange states that it has a general policy prohibiting the
distribution of material, non-public information by its employees. The
Exchange represents that the Fund's Adviser and Subadviser are not
registered as broker-dealers, but the Adviser and Subadviser are
affiliated with the Fund's Distributor, which is a broker-dealer, and
have implemented and will maintain a ``fire wall'' with respect to such
broker-dealer regarding access to information concerning the
composition and/or changes to the Fund's portfolio.\26\
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    \26\ See Amendment No. 2, supra note 6, at 5. Additionally, the
Exchange represents that, in the event (a) the Adviser or the
Subadviser becomes registered as a broker-dealer or newly affiliated
with a broker-dealer, or (b) any new adviser or sub-adviser is a
registered broker-dealer or becomes affiliated with a broker-dealer,
it will implement and maintain a ``fire wall'' with respect to its
relevant personnel or broker-dealer affiliate regarding access to
information concerning the composition and/or changes to the
portfolio, and will be subject to procedures, each designed to
prevent the use and dissemination of material non-public information
regarding such portfolio. See id.
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    Trading in the Shares will be subject to the existing trading
surveillances administered by the Exchange, as well as cross-market
surveillances administered by Financial Industry Regulatory Authority
(``FINRA'') on behalf of the Exchange, which are designed to detect
violations of Exchange rules and applicable federal securities laws.
The Exchange, or FINRA, or both, may obtain information regarding
trading in the Shares, ETFs, certain exchange-traded options and
certain futures from markets and other entities that are members of
Intermarket Surveillance Group (``ISG'') or with which the Exchange has
in place a comprehensive surveillance sharing agreement. The Exchange
is able to access from FINRA, as needed, trade information for certain
fixed income securities held by the Fund reported to the Trade
Reporting and Compliance Engine (``TRACE'') of FINRA. FINRA also can
access data obtained from the Municipal Securities Rulemaking Board
relating to certain municipal bond trading activity for surveillance
purposes in connection with trading in the Shares.
    The Commission also finds that the proposal to list and trade the
Shares on the Exchange is consistent with Section 11A(a)(1)(C)(iii) of
the Exchange Act,\27\ which sets forth Congress' finding that it is in
the public interest and appropriate for the protection of investors and
the maintenance of fair and orderly markets to assure the availability
to brokers, dealers, and investors of information with respect to
quotations for and transactions in securities. Quotation and last sale
information for the Shares, ETFs, and U.S. exchange-listed Work Out
Securities, convertible and non-convertible securities, warrants, and
preferred securities will be available via the Consolidated Tape
Association (``CTA'') high-speed line. Intraday price quotations will
generally be available from broker-dealers and major market data
vendors for OTC Work Out Securities, OTC convertible and non-
convertible securities, OTC warrants, and OTC preferred securities.
Exchange-traded options quotation and last sale information for options
cleared via the Options Clearing Corporation are available via the
Options Price Reporting Authority. In addition, the Portfolio
Indicative Value, as defined in NYSE Arca Rule 8.600-E(c)(3), will be
widely disseminated by one or more

major market data vendors at least every 15 seconds during the Core
Trading Session.
---------------------------------------------------------------------------

    \27\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
---------------------------------------------------------------------------

    Intra-day and closing price information regarding futures,
exchange-traded options, exchange-traded swaps and exchange-traded Work
Out Securities will be available from the exchanges on which such
instruments are traded. Intra-day and closing price information
regarding the Principal Investment Instruments \28\ will be available
from major market data vendors. Price information relating to forwards,
OTC options and swaps, OTC Work Out Securities, OTC convertible and
non-convertible securities, OTC warrants, and OTC preferred securities
will also be available from major market data vendors. Intra-day and
closing price information for exchange-traded derivative instruments
will be available from the applicable exchange and from major market
data vendors. For exchange-listed securities (including ETFs), intraday
price quotations will generally be available from broker-dealers and
trading platforms (as applicable). Intraday and other price information
for the fixed income securities in which the Fund invests will be
available through subscription services, such as Bloomberg, Markit and
Thomson Reuters, which can be accessed by Authorized Participants and
other market participants. Additionally, TRACE will be a source of
price information for corporate bonds, privately-issued securities, MBS
and ABS, to the extent transactions in such securities are reported to
TRACE.\29\ Money Market Funds and the Affiliated Short Term Bond Fund
are typically priced once each Business Day and their prices will be
available through the applicable fund's website or from major market
data vendors. Electronic Municipal Market Access (``EMMA'') will be a
source of price information for municipal bonds. Price information
regarding U.S. government securities, repurchase agreements, reverse
repurchase agreements and cash equivalents generally may be obtained
from brokers and dealers who make markets in such securities or through
nationally recognized pricing services through subscription agreements.
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    \28\ See supra note 14.
    \29\ Broker-dealers that are FINRA member firms have an
obligation to report transactions in specified debt securities to
TRACE to the extent required under applicable FINRA rules.
Generally, such debt securities will have at issuance a maturity
that exceeds one calendar year. For fixed income securities that are
not reported to TRACE, (i) intraday price quotations will generally
be available from broker-dealers and trading platforms (as
applicable) and (ii) price information will be available from feeds
from market data vendors, published or other public sources, or
online information services, as described above.
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    The Commission believes that the proposal to list and trade the
Shares is reasonably designed to promote fair disclosure of information
that may be necessary to price the Shares appropriately and to prevent
trading when a reasonable degree of transparency cannot be assured. On
each Business Day, before commencement of trading in Shares in the Core
Trading Session on the Exchange,\30\ the Fund discloses on its website
the Disclosed Portfolio as defined in NYSE Arca Rule 8.600-E(c)(2) that
forms the basis for the Fund's calculation of the net asset value
(``NAV'') at the end of the Business Day.\31\ The Exchange has obtained
a representation from the issuer of the Shares that the NAV per Share
will be calculated daily and that the NAV and the Disclosed Portfolio
will be made available to all market participants at the same time.
---------------------------------------------------------------------------

    \30\ The ``Core Trading Session'' is defined in NYSE Arca Rule
7.34-E(a)(2).
    \31\ Under accounting procedures followed by the Fund, trades
made on the prior Business Day (``T'') will be booked and reflected
in NAV on the current Business Day (``T+1''). Accordingly, the Fund
will be able to disclose at the beginning of the Business Day the
portfolio that will form the basis for the NAV calculation at the
end of the Business Day.
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    In addition, the Portfolio Indicative Value, as defined in NYSE
Arca Rule 8.600-E(c)(3), will be widely disseminated by one or more
major market data vendors at least every 15 seconds during the Core
Trading Session. The Transfer Agent, through the National Securities
Clearing Corporation, makes available on each Business Day, immediately
prior to the opening of business on the Exchange (currently 9:30 a.m.
E.T.), the list of the names and the required number of securities for
each Deposit Instrument to be included in the current Portfolio Deposit
(based on information at the end of the previous Business Day), as well
as information regarding the Cash Amount for the Fund. Such Portfolio
Deposit is applicable, subject to any adjustments as described below,
in order to effect creations of Creation Units of the Fund until such
time as the next-announced Portfolio Deposit composition is made
available.
    The Exchange represents that trading in Shares will be halted if
the circuit breaker parameters in NYSE Arca Rule 7.12-E have been
reached. Trading also may be halted because of market conditions or for
reasons that, in the view of the Exchange, make trading in the Shares
inadvisable.\32\ NYSE Arca Rule 8.600-E(d)(2)(D) also sets forth
circumstances under which trading in the Shares may be halted.
---------------------------------------------------------------------------

    \32\ These may include: (1) The extent to which trading is not
occurring in the securities and/or the financial instruments
comprising the Disclosed Portfolio of the Fund; or (2) whether other
unusual conditions or circumstances detrimental to the maintenance
of a fair and orderly market are present. See Amendment No. 2, supra
note 6, at 22.
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    In support of this proposal, the Exchange has also made the
following representations:
    (1) The Shares will be subject to NYSE Arca Rule 8.600-E, which
sets forth the initial and continued listing criteria applicable to
Managed Fund Shares.\33\
---------------------------------------------------------------------------

    \33\ See id.
---------------------------------------------------------------------------

    (2) All statements and representations made in this filing
regarding (a) the description of the portfolio, (b) limitations on
portfolio holdings or reference assets, or (c) the applicability of
Exchange listing rules specified in this rule filing shall constitute
continued listing requirements for listing the Shares on the
Exchange.\34\
---------------------------------------------------------------------------

    \34\ See id. at 23.
---------------------------------------------------------------------------

    (3) The issuer will advise the Exchange of any failure by the Fund
to comply with the continued listing requirements, and, pursuant to its
obligations under Section 19(g)(1) of the Act, the Exchange will
monitor for compliance with the continued listing requirements. If the
Fund is not in compliance with the applicable listing requirements, the
Exchange will commence delisting procedures under NYSE Arca Rule
5.5(m)-E.\35\
---------------------------------------------------------------------------

    \35\ See id.
---------------------------------------------------------------------------

    (4) The Exchange has appropriate rules to facilitate transactions
in the Shares during all trading sessions.\36\
---------------------------------------------------------------------------

    \36\ See id. at 22.
---------------------------------------------------------------------------

    (5) The Exchange has in place surveillance procedures that are
adequate to properly monitor trading in the Shares in all trading
sessions and to deter and detect violations of Exchange rules and
federal securities laws applicable to trading on the Exchange.\37\
---------------------------------------------------------------------------

    \37\ See id. at 22-23.
---------------------------------------------------------------------------

    (6) For initial and continued listing, the Fund will be in
compliance with Rule 10A-3 under the Act, as provided by NYSE Arca Rule
5.3-E. \38\
---------------------------------------------------------------------------

    \38\ See id. at 22. See also 17 CFR 240.10A-3.
---------------------------------------------------------------------------

    (7) A minimum of 100,000 Shares will be outstanding at the
commencement of trading on the Exchange.\39\
---------------------------------------------------------------------------

    \39\ See Amendment No. 2, supra note 6, at 22.
---------------------------------------------------------------------------

    (8) Investments in shares of the Affiliated Short Term Bond Fund
will not exceed 25% of the total assets of the Fund.\40\
---------------------------------------------------------------------------

    \40\ See id. at 16.
---------------------------------------------------------------------------

    (9) Investments in non-exchange-traded open-end management
investment company securities will not

exceed 10% of the total assets of the Fund.\41\
---------------------------------------------------------------------------

    \41\ See id.
---------------------------------------------------------------------------

    (10) Investments in private ABS/MBS will, in the aggregate, not
exceed more than 20% of the total assets of the Fund.\42\
---------------------------------------------------------------------------

    \42\ See id. at 15.
---------------------------------------------------------------------------

    (11) Fixed income securities that do not meet any of the criteria
in Commentary .01(b)(4) to NYSE Arca Rule 8.600-E will not exceed 10%
of the total assets of the Fund.\43\
---------------------------------------------------------------------------

    \43\ See id.
---------------------------------------------------------------------------

    (12) Not more than 10% of the Fund's assets in the aggregate will
be held in convertible and non-convertible preferred stocks, warrants
and Work Out Securities.\44\
---------------------------------------------------------------------------

    \44\ See id. at 19.
---------------------------------------------------------------------------

    This approval order is based on all of the Exchange's
representations, including those set forth above and in Amendment Nos.
1 and 2.
    For the foregoing reasons, the Commission finds that the proposed
rule change, as modified by Amendment Nos. 1 and 2, is consistent with
Section 6(b)(5) of the Act \45\ and the rules and regulations
thereunder applicable to a national securities exchange.
---------------------------------------------------------------------------

    \45\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\46\ that the proposed rule change (SR-NYSEArca-2018-82), as
modified by Amendment Nos. 1 and 2, be, and it hereby is, approved.
---------------------------------------------------------------------------

    \46\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\47\
---------------------------------------------------------------------------

    \47\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-04172 Filed 3-7-19; 8:45 am]
BILLING CODE 8011-01-P