Darrell Shults, Oklahoma Department of Mines. Comments at IMCC Intergovernmental Forum on Mine Placement of Coal Combustion Wastes. May 15 16, 2001. St. Louis, Missouri. DRAFT State CCW Mine Placement Regulations and Policy 82 ** Working DRAFT  do not cite or quote** October 26, 2001 PENNSYLVANIA Beneficial uses of CCW on mine sites ( i. e., active and abandoned coal and non coal mines) are under the control of both the Bureau of Mining and Reclamation ( BMR) and the Bureau of Land Recycling and Waste Management ( BLR). BMR has the authority for approval of beneficial use for CCW placement, as an alkaline addition, as low permeability material, and as a soil additive or soil substitute. BMR's beneficial use regulations and guidelines for coal ash are incorporated into the mining permit and address the following:

° Site characterization, ° Siting restrictions, ° Reclamation plan, ° Performance standards, ° Waste characterization ( both pre placement and during placement), ° Waste characteristic limits, ° Acid mine drainage, ° State approval process, ° Ground water monitoring ( both during and after placement), ° Enforceable limits, ° Operational requirements/ placement engineering, and ° Closure requirements.

Pennsylvania's regulations allow utilization of CCW in non coal mines, but little activity has occurred. Under a demonstration project, CCW was placed in a limestone quarry and monitored for ten years. The State has denied subsequent permit applications for placing ash in quarries.

BLR does not require a solid waste disposal permit for coal ash placement ( or any other beneficial uses) if the mine operator conforms to beneficial use requirements. BLR has the authority for approval of the beneficial use of coal ash for mine subsidence control, mine fire control, and mine sealing.

References Pennsylvania Regulations: 25 PA Code 287.661 666; 25 PA Code 86 90 DRAFT State CCW Mine Placement Regulations and Policy 83 ** Working DRAFT  do not cite or quote** October 26, 2001 Beneficial Uses of Coal Ash at Active Coal Mine Sites ( BMR, 563 2112 206)

Certification Guidelines for Beneficial Uses of Coal Ash ( BMR, 563 2112 224)

Technical Guidance Document for Beneficial Uses of Coal Ash ( BMR, 563 2112 225)

Module 25: Coal Ash Beneficial Use. 5600 PM MRo324. Rev. 3/ 99 Module 27: Sewage Sludge/ Coal Ash Beneficial Use.

Michael Menghini, District Mining Operations, Pennsylvania Department of Environmental Protection and Bill Pounds, Pennsylvania Department of Environmental Protection. Presentation at IMCC Intergovernmental Forum on Mine Placement of Coal Combustion Wastes. May 15 16, 2001. St. Louis, Missouri. DRAFT State CCW Mine Placement Regulations and Policy 84 ** Working DRAFT  do not cite or quote** October 26, 2001 PENNSYLVANIA Allowed Uses CCW Placement Alkaline Addition Low Permeability Use Soil Additive Use Regulatory Agency Oversight Pennsylvania Department of Environmental Protection: ° Bureau of Mining and Reclamation ( BMR) ° Bureau of Land Recycling and Waste Management ( BLR)

Before Placement Distinction Between Beneficial Use and Disposal Must demonstrate that the project will achieve an overall improvement in water quality or prevent degradation of water quality from the mining and reclamation activity to be permitted as a beneficial use. Also, CCW cannot exceed the quantity of coal removed.

Site Characterization Substantively similar to federal SMCRA, plus: Background ground water quality monitoring is necessary, using 6 samples taken at monthly or 6 week intervals. Substantively similar to federal SMCRA, plus: ° Provisions at left. ° Background analysis of soil or spoil top cover is necessary to determine if contaminated.

Siting Restrictions Substantively similar to federal SMCRA, plus: Use allowed only in: ° The pit or area from which coal is extracted under a surface coal mining permit. ° Abandoned coal mining areas located within the surface coal ming permit area. ° Coal refuse disposal sites. Substantively similar to federal SMCRA, plus: ° Provisions at left. ° Not within 100 feet of a stream or wetland. ° Not within 300 feet of a water source. ° Not within 100 feet of a sinkhole or area draining into a sinkhole. ° Not within 300 feet of an exceptional value wetland.

Reclamation Plan Substantively similar to federal SMCRA, plus: Beneficial uses must be described in the reclamation plan as part of the mine permit application or as part of the mine DRAFT PENNSYLVANIA Allowed Uses CCW Placement Alkaline Addition Low Permeability Use Soil Additive Use State CCW Mine Placement Regulations and Policy 85 ** Working DRAFT  do not cite or quote** October 26, 2001 reclamation project.

Waste Characterization Certification system must be approved by BMR, includes testing ( at the facility generating the ash) for 20 constituents, pH, calcium carbonate equivalent, and hydraulic conductivity ( SPLP used for leachate analysis of all metals and pH).

Waste Characteristic Limits ° Maximum acceptable leachate concentration is normally 25 times the ground water parameters for metals and other cations, or 10 times the ground water parameters for nonmetals. ° pH between 7.0 12.5. As for CCW placement, plus: ° Calcium carbonate equivalent of at least 100 parts per thousand or 10% by dry weight. As for CCW placement, plus: ° Hydraulic conductivity 1.0x10 6 cm/ sec or less. As for CCW placement, plus: ° pH between 6.5 8.0. ° Maximum loading rates for 9 contaminants ( mostly metals). ° As a liming agent, calcium carbonate equivalent of at least 100 parts per thousand or 10% by dry weight.

Address Acid Base Balance/ Acid Mine Drainage Substantively similar to federal SMCRA, no additional requirements. Substantively similar to federal SMCRA, plus: Specific application and ground water monitoring requirements for application of coal ash as an alkaline addition. Substantively similar to federal SMCRA, no additional requirements.

State Approval Required to Proceed CCW must be certified for beneficial uses by BMR and addressed in the reclamation plan under the mining permit or mine reclamation project. A new permit application or a major permit revision ( using Modules 25/ 27) is required to use coal ash at an active mine site.

Public Participation Public notice required. Not required. DRAFT PENNSYLVANIA Allowed Uses CCW Placement Alkaline Addition Low Permeability Use Soil Additive Use State CCW Mine Placement Regulations and Policy 86 ** Working DRAFT  do not cite or quote** October 26, 2001 During Placement Ongoing Waste Characterization The generator must submit information every 6 months ( or sooner if there are any changes in operation of the combustion unit generating the coal ash) to demonstrate that the ash continues to meet the certification guidelines.

Ground water Monitoring Substantively similar to federal SMCRA, plus: ° For active coal mine sites, quarterly sampling for 11 parameters and annually for 15 more parameters. ° For abandoned mine sites, sampling frequency determined by the BMR for 26 parameters. ° There must be at least one downgradient monitoring point from an active coal mine site. Substantively similar to federal SMCRA, no additional requirements.

Performance Standards Substantively similar to federal SMCRA, no additional requirements.

Enforceable Limits Substantively similar to federal SMCRA, plus: Cannot produce a leachate exceeding DEP established limits.

Corrective Action Substantively similar to federal SMCRA, plus: State has specific corrective action authority applicable to mine placement.

Operational Requirements/ Placement Engineering Substantively similar to federal SMCRA, plus: ° No waste or other materials may be mixed with CCW except for the purposes of pH adjustment and hardening. ° The bottom of ash must be at least 8 feet above the top of the regional ground water table elevation. ° Dust control measures. ° Erosion and sediment controls. ° An operations map showing the areal extent of the beneficial use of coal ash and the monitoring locations, if applicable. Substantively similar to federal SMCRA, plus: ° Provisions for CCW placement. ° Must have a minimum thickness of 2 feet ( exceptions on a site bysite basis). Substantively similar to federal SMCRA, plus: ° Provisions for CCW placement. ° Use as soil substitute cannot exceed 3 feet in depth. ° Use as soil additive cannot exceed 1 foot in depth. ° Control surface runoff with runoff control structures. ° Not in contact with the DRAFT PENNSYLVANIA Allowed Uses CCW Placement Alkaline Addition Low Permeability Use Soil Additive Use State CCW Mine Placement Regulations and Policy 87 ** Working DRAFT  do not cite or quote** October 26, 2001 seasonal high water table. ° CCW must be incorporated into the soil within 48 hours of application. ° May not be applied to soil being used for agriculture where the soil pH is < 5.5.

Closure/ Post Closure Care Ongoing Ground water Monitoring Substantively similar to federal SMCRA, plus: ° Monitoring must continue with quarterly reports and annual reports submitted until closure. ° Ground water monitoring may be extended by BMR if there is an indication of groundwater degradation. Substantively similar to federal SMCRA, no additional requirements.

Performance Bonding or Financial Assurance Substantively similar to federal SMCRA, no additional requirements.

Other Closure/ Post closure Requirements Substantively similar to federal SMCRA, no additional requirements. DRAFT State CCW Mine Placement Regulations and Policy 88 ** Working DRAFT  do not cite or quote** October 26, 2001 TENNESSEE In Tennessee, CCW mine placement has yet to occur. If it were to occur, it would be subject to applicable Federal mining regulations   the coal mining program is administered by US Department of the Interior's Office of Surface Mine Reclamation and Enforcement ( OSM) rather than the State. In addition, the Tennessee Department of Environmental Conservation ( TDEC), Division of Solid and Hazardous Waste Management Solid Waste Program allows CCW to be beneficially reused under specific coal ash permit by rule regulations if testing confirms the CCW to be non hazardous. The permit by rule regulations would likely be applied to CCW mine placement, were such a project proposed. The regulations require prior written notification of the beneficial use ( or a request for a case by case approval) and address the following:

° Siting restrictions, ° Reclamation plan, ° Waste characteristic limits, ° State approval process, ° Ground water monitoring ( may be required on a site by site basis), ° Operational requirements/ placement engineering, ° Financial assurance ( may be required on a site by site basis), and ° Closure requirements.

References Tennessee Regulations: TCA § 1200 1 7. 02( 1)( c)( 1)( ii)

Glen Pugh, TDEC, Division of Solid/ Hazardous Waste Management ( personal communication, 4/ 25/ 01) DRAFT State CCW Mine Placement Regulations and Policy 89 ** Working DRAFT  do not cite or quote** October 26, 2001 TENNESSEE Regulatory Agency Oversight ° US Department of the Interior OSM ° Tennessee Department of Environmental Conservation ( TDEC), Division of Solid and Hazardous Waste Management Allowed Uses Mine placement.

Before Placement Distinction Between Beneficial Use and Disposal Not required ( as per federal SMCRA)

Site Characterization Regulated by OSM under federal SMCRA, no additional requirements.

Siting Restrictions Regulated by OSM under federal SMCRA, plus: ° Not in wetlands, sink holes or caves, or in 100 year floodplain unless certain conditions are met. ° Cannot be located where the activity would affect endangered or threatened species or habitats.

Reclamation Plan Regulated by OSM under federal SMCRA, no additional requirements.

Waste Characterization Not required ( as per federal SMCRA).

Waste Characteristic Limits CCW must be non hazardous.

Address Acid Base Balance/ Acid Mine Drainage Regulated by OSM under federal SMCRA, no additional requirements.

State Approval Required to Proceed Regulated by OSM under federal SMCRA, plus: Prior written notification of the beneficial use ( or a request for a case by case approval) must be submitted to TDEC and approved. Permit by rule authorization must be kept at the facility.

Public Participation Regulated by OSM under federal SMCRA, no additional requirements. DRAFT TENNESSEE State CCW Mine Placement Regulations and Policy 90 ** Working DRAFT  do not cite or quote** October 26, 2001 During Placement Ongoing Waste Characterization Not required ( as per federal SMCRA).

Ground water Monitoring Regulated by OSM under federal SMCRA, plus: Additional monitoring may be required by TDEC for specially approved projects.

Performance Standards Regulated by OSM under federal SMCRA, plus: Fill area must be operated, maintained, and closed in a manner so as to minimize: ° Potential for harmful release of CCW. ° Potential for harm to public through uncontrolled access.

Enforceable Limits Regulated by OSM under federal SMCRA, no additional requirements.

Corrective Action Regulated by OSM under federal SMCRA, no additional requirements.

Operational Requirements/ Placement Engineering Regulated by OSM under federal SMCRA, plus: Must have: ° The appropriate equipment available to spread and compact the coal ash and for handling the earthwork. ° An artificial or natural barrier to control access. ° A geologic buffer of 3 feet between base of fill and the seasonal higher water table of the uppermost unconfined aquifer. ° Dust control measures. ° One permanent benchmark ( i. e., concrete marker). DRAFT TENNESSEE State CCW Mine Placement Regulations and Policy 91 ** Working DRAFT  do not cite or quote** October 26, 2001 Closure/ Post Closure Care Ongoing Ground water Monitoring Regulated by OSM under federal SMCRA, plus: Additional monitoring may be required by TDEC for specially approved projects.

Performance Bonding or Financial Assurance Regulated by OSM under federal SMCRA, plus: Financial assurance may be required by TDEC for specially approved projects.

Other Closure/ Post closure Requirements Regulated by OSM under federal SMCRA, plus: ° Within 90 days of completion, final cover of 2 feet of compacted soil, except those areas already covered by barriers to water infiltration. ° Upper 6 inches of cover must be able to support vegetation. ° Final surface graded and provided with drainage facilities in a manner that: minimizes erosion of cover material ( no steep slopes, use of mulch, silt barriers), promotes drainage ( prevents pooling), and provides a drainage system consistent with the surrounding area. DRAFT State CCW Mine Placement Regulations and Policy 92 ** Working DRAFT  do not cite or quote** October 26, 2001 TEXAS Texas Natural Resource Conservation Commission ( TNRCC) solid waste policy allows beneficial uses of CCW as a " co product," including as backfill to achieve original contours at mine sites. If the placement of CCW at a mine site meets this definition as a beneficial use, it is regulated by the Railroad Commission of Texas, Surface Mining and Reclamation Division ( SMRD) and not by TNRCC. SMRD applies State mining regulations that are substantively similar to the federal SMCRA regulations. If the placement not approved as a beneficial use, TNRCC subjects the practice to solid waste regulations and SMRD defers entirely to TNRCC.

In Texas, coal combustion waste falls under the program for nonhazardous industrial solid waste. No permit is required for disposal of nonhazardous industrial solid waste, if: ( 1) the waste is disposed on property owned or otherwise effectively controlled by the owner or operator of the plant from which the waste results, ( 2) the property is within 50 miles of the plant, and ( 3) the waste is not commingled with waste from any other source not owned by the same person. However, the operator must still notify the State ( and include information on waste composition, facility design, and site geology), maintain certain records, and close the site in compliance with the Texas Risk Reduction Program. Mines accepting coal combustion waste not meeting the three permit exemption criteria must obtain a solid waste permit and are subject to the regulations that address the following:

° Site characterization, ° Siting restrictions, ° Waste characterization, ° Waste characteristic limits, ° State approval process, ° Public participation, ° Ground water monitoring ( both during and after placement), ° Performance standards, ° Enforceable limits, ° Corrective action, ° Operational requirements/ placement engineering, ° Financial assurance, and ° Closure requirements. DRAFT State CCW Mine Placement Regulations and Policy 93 ** Working DRAFT  do not cite or quote** October 26, 2001 Nonhazardous industrial solid waste is characterized into Class 1, Class 2, or Class 3 waste. Class 1 is waste that is toxic, corrosive, flammable or may pose a substantial danger to human health or the environment if improperly disposed. Class 3 is inert and essentially insoluble solid waste. Class 2 is any waste that fits neither the Class 1 or Class 3 definitions. According to TNRCC, CCW in Texas is most often characterized as Class 2 waste and sometimes as Class 3. The requirements below are for disposal of Class 2 waste. The requirements for Class 3 are less restrictive   for example, monitoring is not required.

References Texas Statutes: 5 THSC § 361; TWC § 26.121 Texas Regulations: 30 TAC § 37, § 39, § 330, and § 335 ( Subchapters A and R); 16 TAC 12 TNRCC Memo: Coal Combustion By Products and TRNCC Regulations. August 25, 1995.

TNRCC Memo ( to an Operator): Use of Bottom Ash and Fly Ash as a " Co Product." March 25, 1998.

Jesse Boultinghouse, Texas Natural Resource Conservation Commission ( personal communication, 4/ 11/ 01)

John Kaudol, Railroad Commission of Texas, Surface Mining and Reclamation Division ( personal communication, 4/ 26/ 01)

Susi Ferguson, Texas Natural Resource Conservation Commission ( personal communication, 6/ 21/ 01)

Susi Ferguson, Texas Natural Resource Conservation Commission, and Melvin Hodgkiss, Railroad Commission of Texas, Surface Mining and Reclamation Division. Comments at IMCC Intergovernmental Forum on Mine Placement of Coal Combustion Wastes. May 15 16, 2001. St. Louis, Missouri. DRAFT State CCW Mine Placement Regulations and Policy 94 ** Working DRAFT  do not cite or quote** October 26, 2001 TEXAS Disposal Beneficial Use Regulatory Agency Oversight Texas Natural Resource Conservation Commission ( TNRCC) Railroad Commission of Texas, Surface Mining and Reclamation Division Allowed Uses Placement at mine sites in approved disposal areas. Placement at mine sites for beneficial uses, including backfill to achieve original contour Before Placement Distinction Between Beneficial Use and Disposal Placement other than for the purpose of reclamation or placement that delays contemporaneous reclamation is defined as disposal. Placement for the purpose of reclamation is defined as beneficial use Site Characterization The background water quality must be established. Substantively similar to federal SMCRA, no additional requirements.

Siting Restrictions There are restrictions on: ° Fault areas ( not within 200 feet of a fault). ° Floodplains. ° Wetlands. ° Seismic impact zones. ° Unstable areas. Substantively similar to federal SMCRA, no additional requirements.

Reclamation Plan Not required. Substantively similar to federal SMCRA, plus: CCW placement must be addressed in the reclamation plan Waste Characterization Waste characterization is required using approved EPA methods or an alternate method. The coal combustion waste may be designated a Class 1, 2, or 3 waste. Not required ( as per federal SMCRA)

Waste Characteristic Limits None specified ( as per federal SMCRA)

Address Acid Base Balance/ Acid Mine Drainage Not required. Substantively similar to federal SMCRA, no additional requirements. DRAFT TEXAS Disposal Beneficial Use State CCW Mine Placement Regulations and Policy 95 ** Working DRAFT  do not cite or quote** October 26, 2001 State Approval Required to Proceed A solid waste permit is required, unless the waste is disposed on the generator's own property. If the latter, only notification is required. Substantively similar to federal SMCRA, no additional requirements.

Public Participation The issuance of a solid waste permit is subject to public notice and comment requirements that are substantively similar to SMCRA's. Substantively similar to federal SMCRA, no additional requirements.

During Placement Ongoing Waste Characterization Not required. Not required ( as per federal SMCRA).

Ground water Monitoring ° Must submit a ground water sampling and analysis plan. ° Downgradient monitoring system shall ensure the detection of ground water contamination of the uppermost aquifer. ° At a minimum, detection monitoring for 62 constituents us required, although TNRCC may alter the list. ° Assessment monitoring is required whenever a statistically significant change from background levels has been detected. ° Semi annual sampling is required through the postclosure period. Substantively similar to federal SMCRA, no additional requirements.

Performance Standards The disposal activity may not cause: ° The discharge or imminent threat of discharge into waters of the State without NPDES permit authorization. ° The creation and maintenance of a nuisance. ° The endangerment of the public health and welfare. Substantively similar to federal SMCRA, no additional requirements. DRAFT TEXAS Disposal Beneficial Use State CCW Mine Placement Regulations and Policy 96 ** Working DRAFT  do not cite or quote** October 26, 2001 Enforceable Limits If assessment monitoring detects a statistically significant level above ground water quality protection standards, then an assessment of corrective measures is required. Substantively similar to federal SMCRA, no additional requirements.

Corrective Action Substantively similar to federal SMCRA, no additional requirements.

Operational Requirements/ Placement Engineering ° Site operating plan. ° Composite liner ( 30 mil flexible membrane liner and 2 feet compacted soil). ° Leachate collection and removal system. ° Ensure lowest level of disposal is above the seasonal high water table. ° Compact and cover daily. ° Dust control. ° Endangered species protection. Substantively similar to federal SMCRA, no additional requirements.

Closure/ Post Closure Care Ongoing Ground water Monitoring Required until the end of the post closure period. Substantively similar to federal SMCRA, no additional requirements.

Performance Bonding or Financial Assurance ° Required for closure, post closure, and the completion of any corrective action. ° Trust fund, letter of credit, insurance, financial test, or corporate guarantee. Substantively similar to federal SMCRA, no additional requirements. DRAFT TEXAS Disposal Beneficial Use State CCW Mine Placement Regulations and Policy 97 ** Working DRAFT  do not cite or quote** October 26, 2001 Other Closure/ Post closure Requirements ° Final closure and post closure plans required. ° Within 180 days of final receipt of waste, must place a final cover system with at least 2 feet of soil and consisting of an infiltration layer and an erosion layer of at least 6 inches. ° Closure must be compliant with the standards of the Texas Risk Reduction Program. This program requires that the closure design minimize or eliminate postclosure escape of waste, contaminants, leachate, or run off and minimize or eliminate the need for further maintenance and control. ° Post closure period of at least 30 years ( may be reduced on a case by case basis). Substantively similar to federal SMCRA, no additional requirements. DRAFT State CCW Mine Placement Regulations and Policy 98 ** Working DRAFT  do not cite or quote** October 26, 2001 UTAH Currently, there is no placement of CCW in Utah mines. Under Utah solid waste law, CCW is exempt from regulation as a solid waste unless it causes a public nuisance or public health hazard, or is otherwise determined to be a hazardous waste. Therefore, if CCW mine placement were to occur, it would be under the sole jurisdiction of the Utah Department of Natural Resources, Division of Oil, Gas, and Mining and be subject to State mining regulations that are substantively identical to Federal SMCRA regulations. According to Daron Haddock of the Division of Oil, Gas, and Mining, the review and approval of the activity, as part of the reclamation plan under a surface mining permit, would most likely be the same as for the onsite disposal of non coal mine waste or coal processing waste.

References Utah Statutes: UCA 19 6 102( 17)( b)( iii)

Utah Regulations: R645 100 et seq.

Daron Haddock, Utah Department of Natural Resources, Division of Oil, Gas, and Mining ( personal communication, 5/ 2/ 01)

Daron Haddock, Utah Department of Natural Resources, Division of Oil, Gas, and Mining. Comments at IMCC Intergovernmental Forum on Mine Placement of Coal Combustion Wastes. May 15 16, 2001. St. Louis, Missouri. DRAFT State CCW Mine Placement Regulations and Policy 99 ** Working DRAFT  do not cite or quote** October 26, 2001 VIRGINIA The Virginia Department of Mines, Minerals and Energy, Division of Mined Land Reclamation ( DMME) has sole jurisdiction over the beneficial use of CCW on permitted mine sites. Under Virginia law, CCWs are exempt from all solid waste regulations if considered a beneficial use under DMME's program. The Virginia Department of Environmental Quality has developed specific regulations regarding the beneficial use of CCW, which are to be implemented by DMME in cases of mine reclamation or mine refuse disposal ( which have yet to happen since the regulations were developed in 1995). The regulations do not require DMME approval prior to CCW mine placement, but do require notification. The regulations also include the following:

° Siting restrictions, ° Reclamation plan, ° Waste characterization, ° Waste characteristic limits, ° Enforceable limits ( may be established on a site by site basis), ° Operational requirements/ placement engineering, and ° Closure requirements.

If the use of CCW for mine placement activity is not considered a beneficial use by DMME or if the CCW contains a constituent that exceeds the waste characteristic limits set forth in the regulations, then a solid waste permit is required. Virginia's solid waste permit requirements are summarized in Regulation of Landfills and Surface Impoundments Managing Coal Combustion Waste in 26 States, December 14, 2000. Because details regarding the applicability of these requirements to mine placement projects have not yet be tested through implementation, the requirements are not summarized here.

References Virginia Statutes: 45.1 CV Chapter 19 VR 672 20 20, February 22, 1995; VR 480 03 19 9 VAC 20 80 150, 20 80 160, and 20 85 et seq.

Guidelines for Use of Coal Combustion By Products on DMME/ DMLR Permits ( 2/ 95) DRAFT State CCW Mine Placement Regulations and Policy 100 ** Working DRAFT  do not cite or quote** October 26, 2001 Lynn Haynes, Virginia Department of Mines, Minerals and Energy, Division of Mined Land Reclamation ( personal communication, 6/ 21/ 01) DRAFT State CCW Mine Placement Regulations and Policy 101 ** Working DRAFT  do not cite or quote** October 26, 2001 VIRGINIA Regulatory Agency Oversight Virginia Department of Environmental Quality, Department of Mines, Minerals and Energy, Division of Mined Land Reclamation ( DMME)

Allowed Uses For mine reclamation or mine refuse disposal on a DMME permitted mine site.

Before Placement Distinction Between Beneficial Use and Disposal The operator must show that the use of the CCW on the mine site would serve a beneficial purpose in the reclamation efforts, otherwise it would be considered disposal. However, since there has yet to be a proposal to use CCW on a mine site, there has been no test of what is considered to be a " beneficial use."

Site Characterization Substantively similar to federal SMCRA, plus: The Probable Hydrologic Consequences ( PHC) assessment must also address use of CCW on the coal mine site.

Siting Restrictions Substantively similar to federal SMCRA, plus: CCW cannot be placed: ° In areas subject to base floods, except in certain situations. ° With the vertical separation between the CCW and the maximum seasonal water table or bedrock less than two feet. ° Closer than 100 feet from any perennial stream, water well, or sinkhole. ° Closer than 25 feet from a bedrock outcrop or property boundaries. ° In wetlands, unless appropriate permits are obtained. ° At the site of an active or inactive dump, unpermitted landfill, lagoon or similar facility, even if closed.

Reclamation Plan Substantively similar to federal SMCRA, plus: 30 days prior to initial placement: ° Certify owner has legal control for the project life and closure period, operation is in compliance with local ordinances, and owner will allow compliance inspections. ° Describe intended use, the site, estimated start and completion dates, and the volume to be used. ° Certify that locational restrictions are satisfied and project is designed to specified standards. ° Submit an operation plan and closure plan.

Waste Characterization Describe the physical and chemical characteristics of the CCW, including TCLP analyses for 8 constituents. DRAFT VIRGINIA State CCW Mine Placement Regulations and Policy 102 ** Working DRAFT  do not cite or quote** October 26, 2001 Waste Characteristic Limits ° Arsenic, Chromium, Lead, Silver less than 5.0 mg/ l. ° Barium less than 100 mg/ l. ° Cadmium and Selenium less than 1.0 mg/ l. ° Mercury less than 0.2 mg/ l.

Address Acid Base Balance/ Acid Mine Drainage Substantively similar to federal SMCRA, no additional requirements.

State Approval Required to Proceed If the mining and reclamation permit already includes the applicable provisions of the CCW regulations ( Parts II and IV), then CCW placement would require only notification to DMME, including a certification and description of activities. If the permit does not already include the applicable provisions of the CCW regulations, then CCW placement would require a major permit revision.

Public Participation Substantively similar to federal SMCRA, no additional requirements.

During Placement Ongoing Waste Characterization Not required ( as per federal SMCRA).

Ground water Monitoring Substantively similar to federal SMCRA, no additional requirements.

Performance Standards Substantively similar to federal SMCRA, no additional requirements.

Enforceable Limits Substantively similar to federal SMCRA, plus: Specific enforceable limits may be established on a site by site basis.

Corrective Action Substantively similar to federal SMCRA, no additional requirements.

Operational Requirements/ Placement Engineering Substantively similar to federal SMCRA, plus: Operation plan must include: ° Control of tracking of CCW onto public roads. ° Prohibition on addition of any solid waste. ° Control of fugitive dust. ° CCW placed in no greater than 1 foot layers and then compacted. ° A surface run on and run off control program. DRAFT VIRGINIA State CCW Mine Placement Regulations and Policy 103 ** Working DRAFT  do not cite or quote** October 26, 2001 Closure/ Post Closure Care Ongoing Ground water Monitoring Substantively similar to federal SMCRA, no additional requirements.

Performance Bonding or Financial Assurance Substantively similar to federal SMCRA, no additional requirements.

Other Closure/ Post closure Requirements Substantively similar to federal SMCRA, no additional requirements. DRAFT State CCW Mine Placement Regulations and Policy 104 ** Working DRAFT  do not cite or quote** October 26, 2001 WASHINGTON In Washington, placement of CCW in mines is subject to applicable Federal mining regulations   the mining program is administered by US Department of the Interior's Office of Surface Mine Reclamation and Enforcement ( OSM) rather than the State. In addition, the Washington Department of Ecology ( DOE) considers CCW to be a solid waste that must be permitted when placed in a mine. The solid waste permitting authority is legislated to local health departments. At present, DOE is in the initial stages of developing CCW beneficial use policy. The current regulatory structure allows for case specific requirements to be determined by the local authorities in the solid waste permits. The table below includes local permit requirements for a mine currently accepting CCW to be incorporated as backfill.

References Washington Regulations: WAC 173 303 016; 173 304 461 Chuck Matthews, Washington Department of Ecology ( personal communication, 4/ 27/ 01)

PacifiCorp's Centralia Coal Mine Solid Waste Permit for 2000 ( issued by Lewis County Health & Social Services, Chehalis, WA) DRAFT State CCW Mine Placement Regulations and Policy 105 ** Working DRAFT  do not cite or quote** October 26, 2001 WASHINGTON Regulatory Agency Oversight ° US Department of the Interior OSM ° Washington Department of Ecology ° Local health departments Allowed Uses Mine placement.

Before Placement Distinction Between Beneficial Use and Disposal Not required ( as per federal SMCRA)

Site Characterization Regulated by OSM under federal SMCRA, no additional requirements.

Siting Restrictions Regulated by OSM under federal SMCRA, plus: May not be located on any hill whose slope is unstable.

Reclamation Plan Regulated by OSM under federal SMCRA, no additional requirements.

Waste Characterization Not required ( as per federal SMCRA).

Waste Characteristic Limits None specified ( as per federal SMCRA).

Address Acid Base Balance/ Acid Mine Drainage Regulated by OSM under federal SMCRA, no additional requirements.

State Approval Required to Proceed Regulated by OSM under federal SMCRA, plus: A solid waste disposal permit is required and must be obtained from the local health department.

Public Participation Regulated by OSM under federal SMCRA, no additional requirements. DRAFT WASHINGTON State CCW Mine Placement Regulations and Policy 106 ** Working DRAFT  do not cite or quote** October 26, 2001 During Placement Ongoing Waste Characterization Not required ( as per federal SMCRA)

Ground water Monitoring Regulated by OSM under federal SMCRA, plus: ° At least three ground water monitoring wells are required; one upgradient and two downgradient of the backfilled areas incorporating the CCW ° Monitoring data must be submitted annually Performance Standards Regulated by OSM under federal SMCRA, no additional requirements.

Enforceable Limits Regulated by OSM under federal SMCRA, no additional requirements.

Corrective Action Regulated by OSM under federal SMCRA, no additional requirements.

Operational Requirements/ Placement Engineering Regulated by OSM under federal SMCRA, plus: ° Maintain record of the weights or volumes and types of wastes disposed at the site ° All closed portions of the site must be maintained to prevent excess water intrusion ° Must be at least one person on site during all disposal events who is a State certified landfill operator Closure/ Post Closure Care Ongoing Ground water Monitoring Regulated by OSM under federal SMCRA, no additional requirements.

Performance Bonding or Financial Assurance Regulated by OSM under federal SMCRA, no additional requirements.

Other Closure/ Post closure Requirements Regulated by OSM under federal SMCRA, no additional requirements. DRAFT State CCW Mine Placement Regulations and Policy 107 ** Working DRAFT  do not cite or quote** October 26, 2001 WEST VIRGINIA When CCW is beneficially used at mine sites, the activity is under the authority of the West Virginia Department of Environmental Protection Office of Mining and Reclamation ( OMR). OMR applies State mining regulations that are substantively similar to the Federal SMCRA regulations. OMR requires a modification of the mining permit and has developed written guidelines specific to CCW beneficial use at mine sites. The guidelines address the following:

° Site characterization, ° Reclamation plan, ° Waste characterization ( both pre placement and during placement), ° Acid mine drainage, ° State approval process, ° Ground water monitoring ( both during and after placement), ° Enforceable limits ( may be established on a site by site basis), and ° Operational requirements/ placement engineering.

It is the State's policy to use a volume ratio of 8: 1 ( CCW to coal refuse) to decide if the use of CCW is a beneficial use at the mine site. If the ratio is exceeded, the use is then considered disposal. Projects constituting disposal under this definition have not yet been pursued in West Virginia. According to OMR staff, however, were such projects proposed, they would require a solid waste permit from the Department of Environmental Protection's Office of Solid Waste ( OSW). West Virginia's solid waste permit requirements are summarized in Regulation of Landfills and Surface Impoundments Managing Coal Combustion Waste in 26 States, December 14, 2000. Because details regarding the applicability of these requirements to mine placement projects have not yet be tested through implementation, the requirements are not summarized here. DRAFT State CCW Mine Placement Regulations and Policy 108 ** Working DRAFT  do not cite or quote** October 26, 2001 References West Virginia Statutes: West Virginia Code Chapter 22, Article 3 West Virginia Regulations: 33 CSR 1 5.5. b. 4; 33 CSR 2, Sections 1 22 Mining and Reclamation Policy Memo: Disposal and Utilization of Coal Ash on Surface Mining Operations. January 3, 1994.

Application for Coal Ash Utilization. MR 36, January 1994.

Coal Combustion By Product Utilization Policy. January 13, 1998.

Harold " Rocky" Parsons, Office of Mining and Reclamation, West Virginia Department of Environmental Protection ( personal communication 4/ 11/ 01)

Harold " Rocky" Parsons, Office of Mining and Reclamation, West Virginia Department of Environmental Protection. Presentation at IMCC Intergovernmental Forum on Mine Placement of Coal Combustion Wastes. May 15 16, 2001. St. Louis, Missouri. DRAFT State CCW Mine Placement Regulations and Policy 109 ** Working DRAFT  do not cite or quote** October 26, 2001 WEST VIRGINIA Regulatory Agency Oversight West Virginia Department of Environmental Protection: ° Office of Mining and Reclamation ( OMR) ° Office of Solid Waste ( OSW)

Allowed Uses Use as soil amendments, use on surface mining operations, to fill voids in permitted underground mines, and other uses as approved by OMR.

Before Placement Distinction Between Beneficial Use and Disposal Under State policy, projects using less than an 8: 1 ratio of CCW to coal refuse are defined as beneficial use and subject to the requirements summarized here. Projects exceeding this ratio would be considered disposal and regulated by OSW.

Site Characterization Substantively similar to federal SMCRA, plus: Water quality sampling and analysis for 19 parameters is required.

Siting Restrictions Substantively similar to federal SMCRA, no additional requirements.

Reclamation Plan Substantively similar to federal SMCRA, plus: Applicants must provide a coal ash utilization plan that includes: ° A map of the proposed coal ash utilization area, with certain attributes marked, and a cross section map. ° A description of how the use will affect the mining and reclamation plan, and post mining land use.

Waste Characterization At a minimum, leachate analysis for 19 parameters ( TCLP testing for metals only) and full testing for all new sources is required.

Waste Characteristic Limits CCW which exhibits potentially toxic or potentially acid producing characteristics will not be approved for beneficial use.

Address Acid Base Balance/ Acid Mine Drainage Substantively similar to federal SMCRA, plus: Assessment of neutralization potential is required using procedures laid out in OMR guidelines.

State Approval Required to Proceed Substantively similar to federal SMCRA, plus: Requires submission of the Application for Coal Ash Utilization form and a modification of the mining permit, or a solid waste disposal permit ( if considered disposal rather than a beneficial use). Modification of the mining permit was initially treated as a major modification, but is currently treated as a minor modification, with some uses pre approved and requiring notification only. DRAFT WEST VIRGINIA State CCW Mine Placement Regulations and Policy 110 ** Working DRAFT  do not cite or quote** October 26, 2001 Public Participation Substantively similar to federal SMCRA, no additional requirements. DRAFT WEST VIRGINIA State CCW Mine Placement Regulations and Policy 111 ** Working DRAFT  do not cite or quote** October 26, 2001 During Placement Ongoing Waste Characterization Periodic retesting of all parameters may be required from time to time by the OMR, but the TCLP test ( for metals only) must be performed at least annually.

Ground water Monitoring Substantively similar to federal SMCRA, no additional requirements.

Performance Standards Substantively similar to federal SMCRA, no additional requirements.

Enforceable Limits Substantively similar to federal SMCRA, plus: Specific enforceable limits may be established on a site by site basis.

Corrective Action Substantively similar to federal SMCRA, no additional requirements.

Operational Requirements/ Placement Engineering Substantively similar to federal SMCRA, no additional requirements, plus: Applicants must provide a description of the following in the coal ash utilization plan: ° Site preparation. ° Unloading and stockpiling areas. ° Sequence of mining/ utilization techniques. ° Phases of utilization: 1) compaction of coal ash, 2) equipment to be used, 3) thickness of lifts, 4) methods of utilization. ° Application of cover material. ° Revegetation procedure. ° Dust control methods. ° Final slopes and closure procedures.

Closure/ Post Closure Care Ongoing Ground water Monitoring Substantively similar to federal SMCRA, no additional requirements.

Performance Bonding or Financial Assurance Substantively similar to federal SMCRA, no additional requirements.

Other Closure/ Post closure Requirements Substantively similar to federal SMCRA, no additional requirements. DRAFT State CCW Mine Placement Regulations and Policy 112 ** Working DRAFT  do not cite or quote** October 26, 2001 WYOMING The Wyoming Department of Environmental Protection Land Quality Division ( LQD) has sole authority over mine disposal of CCW from a mine mouth power plant. Such activity is subject to the general waste provisions of the State mining regulations, which are substantively similar to the federal SMCRA regulations. The LQD is currently developing new regulations that address waste disposal at coal mines and will include specific provisions regarding CCW. The State's current policy is to require a modification to the mining permit for CCW placement. Under its current policy, LQD also requires waste characterization prior to placement.

The Wyoming Department of Environmental Protection Solid and Hazardous Waste Division ( SHWD) shares authority with LQD over mine disposal of CCW from a non mine mouth power plant. Such projects have not yet been pursued in Wyoming. According to Robert A. Doctor of SHWD, however, such activity would likely require a solid waste disposal permit. Wyoming's solid waste permit requirements are summarized in Regulation of Landfills and Surface Impoundments Managing Coal Combustion Waste in 26 States, December 14, 2000 and are not included in this summary. Mr. Doctor also noted that SHWD is currently working on a Solid Waste Beneficial Use Guideline that will include CCW. These guidelines most likely will not consider mine placement to be a beneficial use.

References Wyoming Statutes: WS § 35 11 103( d)( ii)( D); WS § 35 11 401 et seq.

Wyoming Regulations: WAC SWM CH. 1, § 1( e)( i); WAC LQD CHS. 1 to 20 Robert A. Doctor, Program Manager, Solid Waste Permitting, Solid and Hazardous Waste Division, Wyoming Department of Environmental Protection ( personal communication, 4/ 16/ 01)

Rick Chancellor, Land Quality Division, Wyoming Department of Environmental Protection ( personal communication, 4/ 27/ 01 and 6/ 15/ 01)

Paige Smith, Land Quality Division, Wyoming Department of Environmental Protection. Comments at IMCC Intergovernmental Forum on Mine Placement of Coal Combustion Wastes. May 15 16, 2001. St. Louis, Missouri. DRAFT State CCW Mine Placement Regulations and Policy 113 ** Working DRAFT  do not cite or quote** October 26, 2001 WYOMING Regulatory Agency Oversight Wyoming Department of Environmental Quality: ° Land Quality Division ( LQD) ° Solid and Hazardous Waste Division ( SHWD)

Allowed Uses Mine placement Before Placement Distinction Between Beneficial Use and Disposal Wyoming does not currently distinguish between beneficial use and disposal. Placement of CCW from mine mouth power plants, however, is regulated by the LQD. Placement of CCW from non mine mouth power plants would be regulated by SHWD.

Site Characterization Substantively similar to federal SMCRA, no additional requirements.

Siting Restrictions Substantively similar to federal SMCRA, no additional requirements.

Reclamation Plan Substantively similar to federal SMCRA, no additional requirements.

Waste Characterization The LQD treats CCW as a waste material and requires tests to determine the proper method of disposal.

Waste Characteristic Limits None specified ( as per federal SMCRA)

Address Acid Base Balance/ Acid Mine Drainage Substantively similar to federal SMCRA, no additional requirements.

State Approval Required to Proceed Substantively similar to federal SMCRA, plus: Requires a modification of the mining permit, or issuance of a solid waste permit, depending on the location of the generating facility. A first time application ( i. e., a mine that did not have previous approval as opposed to a mine that wanted to revise a previous approval) would require a major permit modification.

Public Participation Substantively similar to federal SMCRA, no additional requirements. DRAFT WYOMING State CCW Mine Placement Regulations and Policy 114 ** Working DRAFT  do not cite or quote** October 26, 2001 During Placement Ongoing Waste Characterization Not required ( as per federal SMCRA)

Ground water Monitoring Substantively similar to federal SMCRA, no additional requirements.

Performance Standards Substantively similar to federal SMCRA, no additional requirements.

Enforceable Limits Substantively similar to federal SMCRA, no additional requirements.

Corrective Action Substantively similar to federal SMCRA, no additional requirements.

Operational Requirements/ Placement Engineering Substantively similar to federal SMCRA, plus: Based on waste characterization data, LQD has imposed specific placement engineering requirements on a site by site basis. For example, they have required certain CCW to be encapsulated while others have been placed in specific areas of the backfill out of contact with groundwater and out of plant routing depth.

Closure/ Post Closure Care Ongoing Ground water Monitoring Substantively similar to federal SMCRA, no additional requirements.

Performance Bonding or Financial Assurance Substantively similar to federal SMCRA, no additional requirements.

Other Closure/ Post closure Requirements Substantively similar to federal SMCRA, no additional requirements.


[Federal Register Volume 79, Number 152 (Thursday, August 7, 2014)]
[Rules and Regulations]
[Pages 46170-46171]
[FR Doc No: 2014-18658]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2013-0903; Special Conditions No. 25-525-SC]

Special Conditions: Airbus Model A350-900 Series Airplane; Side-
Stick Controllers

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions.

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SUMMARY: These special conditions are issued for Airbus Model A350-900
airplanes. These airplanes will have a novel or unusual design feature
associated with side-stick controllers for pitch and roll control,
instead of conventional wheels and columns. The applicable
airworthiness regulations do not contain adequate or appropriate safety
standards for this design feature. These special conditions contain the
additional safety standards that the Administrator considers necessary
to establish a level of safety equivalent to that established by the
existing airworthiness standards.

DATES: Effective Date: September 8, 2014.

FOR FURTHER INFORMATION CONTACT: Loran Haworth, FAA, Airplane and
Flight Interface Branch, ANM-111, Transport Airplane Directorate,
Aircraft Certification Service, 1601 Lind Avenue SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; facsimile (425) 227-
1320.

SUPPLEMENTARY INFORMATION:

Background

    On August 25, 2008, Airbus applied for a type certificate for their
new Model A350-900 airplane. Later, Airbus requested, and the FAA
approved, an extension to the application for FAA type certification to
November 15, 2009. The Model A350-900 airplane has a conventional
layout with twin wing-mounted Rolls-Royce Trent XWB engines. It
features a twin-aisle, 9-abreast, economy-class layout, and
accommodates side-by-side placement of LD-3 containers in the cargo
compartment. The basic Model A350-900 airplane configuration
accommodates 315 passengers in a standard two-class arrangement. The
design cruise speed is Mach 0.85 with a maximum take-off weight of
602,000 lbs.
    The Airbus Model A350-900 airplane, like its predecessors the Model
A320, A330, A340 and A380 airplanes, will use side-stick controllers
for pitch and roll control. Regulatory requirements pertaining to
conventional wheel and column controls, such as pilot strength and
controllability, are not directly applicable for the side stick. In
addition, pilot-control authority may be uncertain because the side
sticks are not mechanically interconnected as with conventional wheel
and column controls.

Type Certification Basis

    Under Title 14, Code of Federal Regulations (14 CFR) 21.17, Airbus
must show that the Model A350-900 airplane meets the applicable
provisions of 14 CFR part 25, as amended by Amendments 25-1 through 25-
129.
    The FAA has determined that Airbus Model A350-900 airplanes must
comply with Sec. Sec.  25.143, 25.145(b), 25.175(b), 25.671, and
25.1329(a).
    If the Administrator finds that the applicable airworthiness
regulations (i.e., 14 CFR part 25) do not contain adequate or
appropriate safety standards for the Airbus Model A350-900 airplane
because of a novel or unusual design feature, special conditions are
prescribed under Sec.  21.16.
    Special conditions are initially applicable to the model for which
they are issued. Should the type certificate for that model be amended
later to include any other model that incorporates the same or similar
novel or unusual design feature, the special conditions would also
apply to the other model under Sec.  21.101.
    In addition to the applicable airworthiness regulations and special
conditions, the Airbus Model A350-900 airplane must comply with the
fuel-vent

and exhaust-emission requirements of 14 CFR part 34, and the noise-
certification requirements of 14 CFR part 36. The FAA must issue a
finding of regulatory adequacy under section 611 of Public Law 92-574,
the ``Noise Control Act of 1972.''
    The FAA issues special conditions, as defined in 14 CFR 11.19,
under Sec.  11.38, and they become part of the type-certification basis
under Sec.  21.17(a)(2).

Novel or Unusual Design Features

    The Airbus Model A350-900 airplane will incorporate the following
novel or unusual design features: side-stick controllers for pitch and
roll control, in place of conventional wheel and column controls.

Discussion

    Current FAA regulations do not specifically address the use of
side-stick controllers for pitch and roll control. The unique features
of the side stick must therefore be demonstrated through flight and
simulator tests to have suitable handling and control characteristics
when considering the following:
    1. The handling-qualities tasks and requirements of the A350
Special Conditions and other 14 CFR part 25 requirements for stability,
control, and maneuverability, including the effects of turbulence.
    2. General ergonomics: Armrest comfort and support, local freedom
of movement, displacement angle suitability, and axis harmony.
    3. Inadvertent input in turbulence.
    4. Inadvertent pitch-roll crosstalk.
    The Handling Qualities Rating Method (HQRM) of Appendix 5 of the
Flight Test Guide, AC 25-7C, may be used to show compliance.
    These special conditions contain the additional safety standards
that the Administrator considers necessary to establish a level of
safety equivalent to that established by the existing airworthiness
standards.

Discussion of Comments

    Notice of proposed special conditions no. 25-13-26-SC for Airbus
Model A350-900 airplanes was published in the Federal Register on
November 8, 2013 (78 FR 67077). No comments were received, and the
special conditions are adopted as proposed.

Applicability

    As discussed above, these special conditions apply to Airbus Model
A350-900 airplanes. Should Airbus apply later for a change to the type
certificate to include another model incorporating the same novel or
unusual design feature, the special conditions would apply to that
model as well.

Conclusion

    This action affects only certain novel or unusual design features
on Airbus Model A350-900 airplanes. It is not a rule of general
applicability.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping
requirements.

    The authority citation for these special conditions is as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701, 44702, 44704.

The Special Conditions

    Accordingly, pursuant to the authority delegated to me by the
Administrator, the following special conditions are issued as part of
the type-certification basis for Airbus Model A350-900 airplanes.

Side-Stick Controllers

    1. Pilot strength: In lieu of the ``strength of pilots'' limits
shown in Sec.  25.143(c) for pitch and roll, and in lieu of the
specific pitch-force requirement of Sec. Sec.  25.145(b) and 25.175(d),
it must be shown that the temporary and maximum prolonged force levels
for the side-stick controllers are suitable for all expected operating
conditions and configurations, whether normal or non-normal.
    2. Pilot-control authority: The electronic side-stick-controller
coupling design must provide for corrective and/or overriding control
inputs by either pilot with no unsafe characteristics. Annunciation of
the controller status must be provided, and must not be confusing to
the flightcrew.
    3. Pilot control: It must be shown by flight tests that the use of
side-stick controllers does not produce unsuitable pilot-in-the-loop
control characteristics when considering precision path control/tasks
and turbulence. In addition, pitch and roll control force and
displacement sensitivity must be compatible, so that normal inputs on
one control axis will not cause significant unintentional inputs on the
other.

    Issued in Renton, Washington, on July 15, 2014.
John P. Piccola, Jr.,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-18658 Filed 8-6-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 37 (Friday, February 23, 2018)]
[Notices]
[Pages 8118-8122]
[FR Doc No: 2018-03692]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82730; File No. SR-NASDAQ-2017-131]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Order
Granting Approval of a Proposed Rule Change To List and Trade the
Shares of the Reinhart Intermediate Bond NextShares Fund Under Nasdaq
Rule 5745

February 16, 2018.

I. Introduction

    On December 20, 2017, The NASDAQ Stock Market LLC (``Nasdaq'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to list and trade common shares (``Shares'') of
the Reinhart Intermediate Bond NextShares Fund (``Fund'') under Nasdaq
Rule 5745. The proposed rule change was published for comment in the
Federal Register on January 2, 2018.\3\ The Commission received no
comment letters on the proposed rule change. This order grants approval
of the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 82408 (Dec. 27,
2017), 83 FR 186 (``Notice'').
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II. Exchange's Description of the Proposed Rule Change

    The Exchange proposes to list and trade the Shares of the Fund
under Nasdaq Rule 5745, which governs the listing and trading of
Exchange-Traded Managed Fund Shares, as defined in Nasdaq Rule
5745(c)(1). The Fund is a series of Managed Portfolio Series and will
be advised by an investment adviser registered under the Investment
Advisers Act of 1940 (``Advisers Act''), as described below.\4\ The
Exchange represents that Managed Portfolio Series is registered with
the Commission as an open-end investment company and has filed a
Registration Statement with the Commission.\5\ Reinhart Partners, Inc.
(``Adviser'') will be the adviser to the Fund. Quasar Distributors, LLC
will be the principal underwriter and distributor of the Fund's Shares.
U.S. Bancorp Fund Services, LLC will act as the administrator and
accounting agent to the Fund. U.S. Bancorp Fund Services, LLC will act
as transfer agent to the Fund, and U.S. Bank, NA will act as custodian
to the Fund.
---------------------------------------------------------------------------

    \4\ The Commission has issued an order granting Managed
Portfolio Series and certain affiliates exemptive relief under the
Investment Company Act of 1940. See Investment Company Act Release
No. 32893 (Nov. 28, 2017) (File No. 812-14830).
    \5\ See Post-Effective Amendment number 316 to the Registration
Statement on Form N-1A for Managed Portfolio Series dated Oct. 26,
2017 (File Nos. 333-172080 and 811-22525) (``Registration
Statement'').
---------------------------------------------------------------------------

    The Adviser is not a registered broker-dealer, and is not
affiliated with a broker-dealer. Personnel who make decisions on the
Fund's portfolio composition must be subject to procedures designed to
prevent the use and dissemination of material, non- public information
regarding the open-end fund's portfolio.\6\ In the event that (a) the
Adviser registers as a broker-dealer or becomes newly affiliated with a
broker-dealer, or (b) any new adviser or sub-adviser to the Fund is a
registered broker-dealer or is affiliated with a broker-dealer, such
adviser or sub-adviser will implement and will maintain a fire wall
with respect to its relevant personnel and/or such broker-dealer
affiliate, as applicable, regarding access to information concerning
the composition of, and/or changes to, the Fund's portfolio and will be
subject to procedures designed to prevent the use and dissemination of
material non-public information regarding such portfolio.
---------------------------------------------------------------------------

    \6\ An investment adviser to an open-end fund is required to be
registered under the Advisers Act. As a result, the Adviser and its
related personnel are subject to the provisions of Rule 204A-1 under
the Advisers Act relating to codes of ethics. This Rule requires
investment advisers to adopt a code of ethics that reflects the
fiduciary nature of the relationship to clients as well as
compliance with other applicable securities laws. Accordingly,
procedures designed to prevent the communication and misuse of non-
public information by an investment adviser must be consistent with
Rule 204A-1 under the Advisers Act. In addition, Rule 206(4)-7 under
the Advisers Act makes it unlawful for an investment adviser to
provide investment advice to clients unless such investment adviser
has (i) adopted and implemented written policies and procedures
reasonably designed to prevent violation, by the investment adviser
and its supervised persons, of the Advisers Act and the Commission
rules adopted thereunder; (ii) implemented, at a minimum, an annual
review regarding the adequacy of the policies and procedures
established pursuant to subparagraph (i) above and the effectiveness
of their implementation; and (iii) designated an individual (who is
a supervised person) responsible for administering the policies and
procedures adopted under subparagraph (i) above.
---------------------------------------------------------------------------

    The Exchange has made the following representations and statements
in describing the Fund.\7\ According to the Exchange, the Fund will be
actively managed and will pursue the principal investment strategy
described below.\8\
---------------------------------------------------------------------------

    \7\ The Commission notes that additional information regarding
Managed Portfolio Series, the Fund, and the Shares, including
investment strategies, risks, creation and redemption procedures,
calculation of net asset value (``NAV''), fees, distributions, and
taxes, among other things, can be found in the Notice and the
Registration Statement, as applicable. See supra notes 3 and 5,
respectively, and accompanying text.
    \8\ According to the Exchange, additional information regarding
the Fund will be available on a free public website for the Fund
(www.reinhartfunds.com, which may contain links for certain
information to www.nextshares.com) and in the Registration Statement
for the Fund.
---------------------------------------------------------------------------

A. Principal Investment Strategy

    The Exchange represents that the Fund's investment objective is to
outperform its benchmark, the Barclays Capital Intermediate Government/
Credit Index, measured over an entire market cycle, while maintaining
key risks (interest rate risk, credit risk, structure risk, and
liquidity risk) similar to the benchmark. An entire market cycle refers
to the broad economy transitioning from a peak in economic growth
through a trough and back.
    Under normal market conditions, the Reinhart Intermediate Bond
NextShares will invest primarily in investment grade fixed income
securities. The Fund considers a fixed income security to be investment
grade if it is rated within the BBB-category or better by Standard &
Poor's Ratings Services or the Baa3 category or better by Moody's
Investors Services, Inc., or an equivalent rating by another nationally
recognized statistical rating organization, or, if unrated, determined
by the Adviser to be of comparable quality.

    The Fund will normally invest within the intermediate term
structure of the yield curve. The average-dollar weighted maturity of
the securities in which the Fund expects to invest will generally range
from 3 to 10 years. The Fund's investments in fixed income securities
may include government or agency securities or obligations, corporate
bonds, mortgage-backed securities, asset-backed securities, municipal
bonds, revenue bonds, variable and floating rate securities, zero
coupon bonds and collateralized mortgage obligations (``CMOs'').
Normally, the Reinhart Intermediate Bond NextShares will invest at
least 80% of its total assets in fixed income securities.

B. Portfolio Disclosure and Composition File

    Consistent with the disclosure requirements that apply to
traditional open-end investment companies, a complete list of current
Fund portfolio positions will be made available at least once each
calendar quarter, with a reporting lag of not more than 60 days. The
Fund may provide more frequent disclosures of portfolio positions at
its discretion.
    As defined in Nasdaq Rule 5745(c)(3), the Composition File is the
specified portfolio of securities and/or cash that the Fund will accept
as a deposit in issuing a creation unit of Shares, and the specified
portfolio of securities and/or cash that the Fund will deliver in a
redemption of a creation unit of Shares. The Composition File will be
disseminated through the National Securities Clearing Corporation once
each business day before the open of trading in Shares on such day and
also will be made available to the public each day on a free
website.\9\ Because the Fund will seek to preserve the confidentiality
of its current portfolio trading program, the Fund's Composition File
generally will not be a pro rata reflection of the Fund's investment
positions.
---------------------------------------------------------------------------

    \9\ The free public website containing the Composition File will
be www.nextshares.com.
---------------------------------------------------------------------------

    Each security included in the Composition File will be a current
holding of the Fund, but the Composition File generally will not
include all of the securities in the Fund's portfolio or match the
weightings of the included securities in the portfolio. Securities that
the Adviser is in the process of acquiring for the Fund generally will
not be represented in the Fund's Composition File until the purchase
has been completed. Similarly, securities that are held in the Fund's
portfolio but in the process of being sold may not be removed from its
Composition File until the sale program is substantially completed. To
the extent that the Fund creates or redeems Shares in kind, it will use
cash amounts to supplement the in-kind transactions to the extent
necessary to ensure that creation units are purchased and redeemed at
NAV. The Composition File also may consist entirely of cash, in which
case it will not include any of the securities in the Fund's
portfolio.\10\
---------------------------------------------------------------------------

    \10\ In determining whether the Fund will issue or redeem
creation units entirely on a cash basis, the key consideration will
be the benefit that would accrue to the Fund and its investors. For
instance, in bond transactions, the Adviser may be able to obtain
better execution for the Fund than authorized participants because
of the Adviser's size, experience and potentially stronger
relationships in the fixed-income markets.
---------------------------------------------------------------------------

C. Intraday Indicative Value

    An estimated value of an individual Share, defined in Nasdaq Rule
5745(c)(2) as the ``Intraday Indicative Value (``IIV''),'' will be
calculated and disseminated at intervals of not more than 15 minutes
throughout the Regular Market Session \11\ when Shares trade on the
Exchange. The Exchange will obtain a representation from the issuer of
the Shares that the IIV for the Fund will be calculated on an intraday
basis and provided to Nasdaq for dissemination via the Nasdaq Global
Index Service.
---------------------------------------------------------------------------

    \11\ See Nasdaq Rule 4120(b)(4) (describing the three trading
sessions on the Exchange: (1) Pre-Market Session from 4:00 a.m. to
9:30 a.m. Eastern Time; (2) Regular Market Session from 9:30 a.m. to
4:00 p.m. or 4:15 p.m. Eastern Time; and (3) Post-Market Session
from 4:00 p.m. or 4:15 p.m. to 8:00 p.m. Eastern Time).
---------------------------------------------------------------------------

    The IIV for the Fund will be based on current information regarding
the value of the securities and other assets held by the Fund.\12\ The
purpose of the IIV for the Fund is to enable investors to estimate the
next-determined NAV so they can determine the number of Shares to buy
or sell if they want to transact in an approximate dollar amount.\13\
---------------------------------------------------------------------------

    \12\ IIVs for the Fund disseminated throughout each trading day
will be based on the same portfolio as used to calculate that day's
NAV. The Fund will reflect purchases and sales of portfolio
positions in its NAV the next business day after trades are
executed.
    \13\ Because, in NAV-Based Trading (as defined herein), prices
of executed trades are not determined until the reference NAV is
calculated, buyers and sellers of Shares during the trading day will
not know the final value of their purchases and sales until the end
of the trading day. The Exchange represents that the Fund's
Registration Statement, free public website and any advertising or
marketing materials will include prominent disclosure of this fact.
The Exchange represents that although the IIVs for the Fund may
provide useful estimates of the value of intraday trades, they
cannot be used to calculate with precision the dollar value of the
Shares to be bought or sold.
---------------------------------------------------------------------------

D. NAV-Based Trading

    Because Shares will be listed and traded on the Exchange, Shares
will be available for purchase and sale on an intraday basis. Shares
will be purchased and sold in the secondary market at prices directly
linked to the Fund's next-determined NAV using a trading protocol
called ``NAV-Based Trading.'' All bids, offers and execution prices of
Shares will be expressed as a premium/discount (which may be zero) to
the Fund's next-determined NAV (e.g., NAV -$0.01, NAV +$0.01).\14\ The
Fund's NAV will be determined daily (on each day the New York Stock
Exchange is open for trading), as of 4:00 p.m. Eastern Time. Trade
executions will be binding at the time orders are matched on Nasdaq's
facilities, with the transaction prices contingent upon the
determination of NAV. Nasdaq represents that the Shares listed on the
Exchange will have a unique identifier associated with its ticker
symbol, which will indicate that the Shares are traded using NAV-Based
Trading.
---------------------------------------------------------------------------

    \14\ According to the Exchange, the premium or discount to NAV
at which Share prices are quoted and transactions are executed will
vary depending on market factors, including the balance of supply
and demand for Shares among investors, transaction fees and other
costs in connection with creating and redeeming creation units of
Shares, the cost and availability of borrowing Shares, competition
among market makers, the Share inventory positions and inventory
strategies of market makers, the profitability requirements and
business objectives of market makers, and the volume of Share
trading.
---------------------------------------------------------------------------

    According to the Exchange, member firms will utilize certain
existing order types and interfaces to transmit Share bids and offers
to Nasdaq, which will process Share trades like trades in shares of
other listed securities.\15\ In the systems used to transmit and
process transactions in Shares, the Fund's next-determined NAV will be
represented by a proxy price (e.g., 100.00) and a premium/discount of a
stated amount to the next-determined NAV to be represented by the same
increment/decrement from the proxy price used to denote NAV (e.g., NAV
-$0.01 would be represented as 99.99; NAV +$0.01 as 100.01).
---------------------------------------------------------------------------

    \15\ According to the Exchange, all orders to buy or sell Shares
that are not executed on the day the order is submitted will be
automatically cancelled as of the close of trading on such day.
Prior to the commencement of trading in the Fund, the Exchange will
inform its members in an Information Circular of the effect of this
characteristic on existing order types.
---------------------------------------------------------------------------

    To avoid potential investor confusion, Nasdaq represents that it
will work with member firms and providers of market data services to
seek to ensure that representations of intraday bids, offers and
execution prices of Shares that are

made available to the investing public follow the ``NAV -$0.01/NAV
+$0.01'' (or similar) display format. Nasdaq makes available to member
firms and market data services certain proprietary data feeds that are
designed to supplement the market information disseminated through the
consolidated tape (``Consolidated Tape''). Specifically, the Exchange
will use the Nasdaq Basic and Nasdaq Last Sale data feeds to
disseminate intraday price and quote data for Shares in real time in
the ``NAV -$0.01/NAV +$0.01'' (or similar) display format. Member firms
may use the Nasdaq Basic and Nasdaq Last Sale data feeds to source
intraday Share prices for presentation to the investing public in the
``NAV -$0.01/NAV +$0.01'' (or similar) display format.
    Alternatively, member firms may source intraday Share prices in
proxy price format from the Consolidated Tape and other Nasdaq data
feeds (e.g., Nasdaq TotalView and Nasdaq Level 2) and use a simple
algorithm to convert prices into the ``NAV -$0.01/NAV +$0.01'' (or
similar) display format. Prior to the commencement of trading in the
Fund, the Exchange will inform its members in an Information Circular
of the identities of the specific Nasdaq data feeds from which intraday
Share prices in proxy price format may be obtained.

III. Discussion and Commission Findings

    After careful review, the Commission finds that the Exchange's
proposal to list and trade the Shares is consistent with the Act \16\
and the rules and regulations thereunder applicable to a national
securities exchange.\17\ In particular, the Commission finds that the
proposed rule change is consistent with Section 6(b)(5) of the Act,\18\
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 foster cooperation
and coordination with persons engaged in facilitating transactions in
securities, 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.
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78f.
    \17\ 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).
    \18\ 15 U.S.C. 78f(b)(5).
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    The Shares will be subject to Nasdaq Rule 5745, which sets forth
the initial and continued listing criteria applicable to Exchange-
Traded Managed Fund Shares. A minimum of 50,000 Shares and no less than
two creation units of the Fund will be outstanding at the commencement
of trading on the Exchange.
    Nasdaq deems the Shares to be equity securities, thus rendering
trading in the Shares subject to Nasdaq's existing rules governing the
trading of equity securities. Every order to trade Shares of the Fund
is subject to the proxy price protection threshold of plus/minus $1.00,
which determines the lower and upper thresholds for the life of the
order and provides that the order will be cancelled at any point if it
exceeds $101.00 or falls below $99.00, the established thresholds.\19\
With certain exceptions, each order also must contain the applicable
order attributes, including routing instructions and time-in-force
information, as described in Nasdaq Rule 4703.\20\
---------------------------------------------------------------------------

    \19\ See Nasdaq Rule 5745(g).
    \20\ See Nasdaq Rule 5745(b)(6).
---------------------------------------------------------------------------

    Nasdaq also represents that trading in the Shares will be subject
to the existing trading surveillances, administered by both Nasdaq and
the Financial Industry Regulatory Authority, Inc. (``FINRA'') on behalf
of the Exchange, which are designed to detect violations of Exchange
rules and applicable federal securities laws.\21\ The Exchange
represents that these surveillance procedures are adequate to properly
monitor trading of Shares on the Exchange and to deter and detect
violations of Exchange rules and applicable federal securities laws.
FINRA, on behalf of the Exchange, will communicate as needed with other
markets and other entities that are members of the Intermarket
Surveillance Group (``ISG'') \22\ regarding trading in Shares, and in
exchange-traded securities and instruments held by the Fund (to the
extent such exchange-traded securities and instruments are known
through the publication of the Composition File and periodic public
disclosures of the Fund's portfolio holdings), and FINRA may obtain
trading information regarding such trading from other markets and other
entities. In addition, the Exchange may obtain information regarding
trading in Shares, and in exchange-traded securities and instruments
held by the Fund (to the extent such exchange-traded securities and
instruments are known through the publication of the Composition File
and periodic public disclosures of the Fund's portfolio holdings), from
markets and other entities that are members of ISG, which includes
securities and futures exchanges, or with which the Exchange has in
place a comprehensive surveillance sharing agreement. Moreover, FINRA,
on behalf of the Exchange, will be able to access, as needed, trade
information for certain fixed income securities held by the Fund
reported to FINRA's Trade Reporting and Compliance Engine
(``TRACE'').\23\
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    \21\ The Exchange states that FINRA provides surveillance of
trading on the Exchange pursuant to a regulatory services agreement
and that the Exchange is responsible for FINRA's performance under
this regulatory services agreement.
    \22\ For a list of the current members of ISG, see
www.isgportal.org. The Exchange notes that not all components of the
Fund's portfolio may trade on markets that are members of ISG or
with which the Exchange has in place a comprehensive surveillance
sharing agreement.
    \23\ For municipal securities, trade information can generally
be found on the Electronic Municipal Market Access (``EMMA'') of the
Municipal Securities Rulemaking Board (``MSRB'').
---------------------------------------------------------------------------

    Prior to the commencement of trading in the Fund, the Exchange will
inform its members in an Information Circular of the special
characteristics and risks associated with trading the Shares of the
Fund. Specifically, the Information Circular will discuss the
following: (a) The procedures for purchases and redemptions of Shares
in creation units (and noting that Shares are not individually
redeemable); (b) Nasdaq Rule 2111A, which imposes suitability
obligations on Nasdaq members with respect to recommending transactions
in Shares to customers; (c) how information regarding the IIV and
Composition File is disseminated; (d) the requirement that members
deliver a prospectus to investors purchasing Shares prior to or
concurrently with the confirmation of a transaction; and (e)
information regarding NAV-Based Trading protocols.
    The Information Circular also will identify the specific Nasdaq
data feeds from which intraday Share prices in proxy price format may
be obtained. As noted above, all orders to buy or sell Shares that are
not executed on the day the order is submitted will be automatically
cancelled as of the close of trading on such day, and the Information
Circular will discuss the effect of this characteristic on existing
order types. In addition, Nasdaq intends to provide its members with a
detailed explanation of NAV-Based Trading through a Trader Alert issued
prior to the commencement of trading in Shares on the Exchange.
    Nasdaq states that the Adviser is not a registered broker-dealer,
and is not affiliated with a broker-dealer. Personnel who make
decisions on the Fund's portfolio composition must be subject to
procedures designed to prevent the use and dissemination of

material, non-public information regarding the open-end fund's
portfolio. The Exchange represents that the Reporting Authority \24\
also will implement and maintain, or will ensure that the Composition
File will be subject to, procedures designed to prevent the use and
dissemination of material non-public information regarding the Fund's
portfolio positions and changes in the positions. In the event that (a)
the Adviser registers as a broker-dealer or becomes newly affiliated
with a broker-dealer, or (b) any new adviser or sub-adviser to the Fund
is a registered broker-dealer or is affiliated with a broker-dealer,
such adviser or sub-adviser will implement and will maintain a fire
wall with respect to its relevant personnel and/or such broker-dealer
affiliate, as applicable, regarding access to information concerning
the composition of, and/or changes to, the Fund's portfolio \25\ and
will be subject to procedures designed to prevent the use and
dissemination of material, non-public information regarding such
portfolio.
---------------------------------------------------------------------------

    \24\ See Nasdaq Rule 5745(c)(4).
    \25\ The Exchange further represents that an investment adviser
to an open-end fund is required to be registered under the Advisers
Act. See supra note 6.
---------------------------------------------------------------------------

    The Commission finds that the proposal to list and trade the Shares
on the Exchange is consistent with Section 11A(a)(1)(C)(iii) of the
Act,\26\ 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. Information regarding
NAV-Based Trading prices, best bids and offers for Shares, and volume
of Shares traded will be continuously available on a real-time basis
throughout each trading day on brokers' computer screens and other
electronic services. All bids and offers for Shares and all Share trade
executions will be reported intraday in real time by the Exchange to
the Consolidated Tape \27\ and separately disseminated to member firms
and market data services through the Exchange data feeds listed above.
---------------------------------------------------------------------------

    \26\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
    \27\ Due to systems limitations, the Consolidated Tape will
report intraday execution prices and quotes for Shares using a proxy
price format. Nasdaq has represented that it will separately report
real-time execution prices and quotes to member firms and providers
of market data services in the ``NAV -$0.01/NAV +$0.01'' (or
similar) display format, and otherwise seek to ensure that
representations of intraday bids, offers and execution prices for
Shares that are made available to the investing public follow the
same display format.
---------------------------------------------------------------------------

    The Commission notes that once the Fund's daily NAV has been
calculated and disseminated, Nasdaq will price each Share trade entered
into during the day at the Fund's NAV plus/minus the trade's executed
premium/discount. Using the final trade price, each executed Share
trade will then be disseminated to member firms and market data
services via a File Transfer Protocol (``FTP'') file to be created for
exchange-traded managed funds and confirmed to the member firms
participating in the trade to supplement the previously provided
information to include final pricing.\28\
---------------------------------------------------------------------------

    \28\ According to Nasdaq, FTP is a standard network protocol
used to transfer computer files on the internet. Nasdaq will arrange
for the daily dissemination of an FTP file with executed Share
trades to member firms and market data services.
---------------------------------------------------------------------------

    The Exchange will obtain a representation from the issuer of the
Shares that the NAV per Share will be calculated daily (on each
business day the New York Stock Exchange is open for trading) and
provided to Nasdaq via the Mutual Fund Quotation Service (``MFQS'') by
the fund accounting agent. As soon as the NAV is entered into MFQS,
Nasdaq will disseminate the NAV to market participants and market data
vendors via the Mutual Fund Dissemination Service so all firms will
receive the NAV per Share at the same time.
    The Exchange further represents that it may consider all relevant
factors in exercising its discretion to halt or suspend trading in the
Shares. The Exchange will halt trading in the Shares under the
conditions specified in Nasdaq Rule 4120 and in Nasdaq Rule
5745(d)(2)(C). Additionally, the Exchange may cease trading the Shares
if other unusual conditions or circumstances exist that, in the opinion
of the Exchange, make further dealings on the Exchange detrimental to
the maintenance of a fair and orderly market. To manage the risk of a
non-regulatory Share trading halt, Nasdaq has in place back-up
processes and procedures to ensure orderly trading. Prior to the
commencement of market trading in Shares, the Fund will be required to
establish and maintain a free public website through which its current
prospectus may be downloaded.\29\ The free public website will include
directly or through a link additional Fund information updated on a
daily basis, including the prior business day's NAV, and the following
trading information for such business day expressed as premiums/
discounts to NAV: (a) Intraday high, low, average and closing prices of
Shares in Exchange trading; (b) the midpoint of the highest bid and
lowest offer prices as of the close of Exchange trading, expressed as a
premium/discount to NAV (``Closing Bid/Ask Midpoint''); and (c) the
spread between highest bid and lowest offer prices as of the close of
Exchange trading (``Closing Bid/Ask Spread.''). The free public website
will also contain charts showing the frequency distribution and range
of values of trading prices, Closing Bid/Ask Midpoints and Closing Bid/
Ask Spreads over time.
---------------------------------------------------------------------------

    \29\ The free public website containing this information will be
www.reinhartfunds.com.
---------------------------------------------------------------------------

    The Exchange represents that all statements and representations
made in this filing regarding (a) the description of the portfolio or
reference assets, (b) limitations on portfolio holdings or reference
assets, (c) dissemination and availability of the reference asset or
intraday indicative values, or (d) the applicability of Exchange
listing rules shall constitute continued listing requirements for
listing the Shares on the Exchange. In addition, the issuer has
represented to the Exchange that it will advise the Exchange of any
failure by the Fund to comply with the continued listing requirements,
and, pursuant to its obligations under Section 19(g)(1) of the Act, the
Exchange will monitor for compliance with the continued listing
requirements. If the Fund is not in compliance with the applicable
listing requirements, the Exchange will commence delisting procedures
under the Nasdaq 5800 Series.
    The approval order is based on all of the Exchange's
representations, including those set forth above and in the Notice. In
particular, the Commission notes that, although the Shares will be
available for purchase and sale on an intraday basis, the Shares will
be purchased and sold at prices directly linked to the Fund's next-
determined NAV. In addition, the Commission notes that the Fund will
not invest in assets that have not been described in this proposed rule
change. Further, the Commission notes that the Fund and the Shares must
comply with the requirements of Nasdaq Rule 5745 and the conditions set
forth in this proposed rule change to be listed and traded on the
Exchange on an initial and continuing basis.
    For the foregoing reasons, the Commission finds that the proposed
rule change is consistent with Section 6(b)(5) \30\ and Section
11A(a)(1)(C)(iii) of

the Act \31\ and the rules and regulations thereunder applicable to a
national securities exchange.
---------------------------------------------------------------------------

    \30\ 15 U.S.C. 78f(b)(5).
    \31\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\32\ that the proposed rule change (SR-NASDAQ-2017-131) be, and it
hereby is, approved.
---------------------------------------------------------------------------

    \32\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\33\
---------------------------------------------------------------------------

    \33\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-03692 Filed 2-22-18; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 72 (Friday, April 13, 2012)]
[Notices]
[Pages 22328-22329]
[FR Doc No: 2012-8846]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-D-0094]

Guidance for Industry on the Judicious Use of Medically Important
Antimicrobial Drugs in Food-Producing Animals; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of a guidance for industry (GFI 209) entitled
``The Judicious Use of Medically Important Antimicrobial Drugs in Food-
Producing Animals.'' This guidance is intended to inform the public of
FDA's current thinking on the use of medically important antimicrobial
drugs in animal agriculture.

DATES: Submit either electronic or written comments on Agency guidances
at any time.

ADDRESSES: Submit written requests for single copies of the guidance to
the Communications Staff (HFV-12), Center for Veterinary Medicine, Food
and Drug Administration, 7519 Standish Pl., Rockville, MD 20855. Send
one self-addressed adhesive label to assist that office in processing
your requests. See the SUPPLEMENTARY INFORMATION section for electronic
access to the guidance document.
    Submit electronic comments on the guidance to
http:[sol][sol]www.regulations.gov. Submit written comments to the
Division of Dockets Management (HFA-305), Food and Drug Administration,

5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: William T. Flynn, Center for
Veterinary Medicine (HVF-1), Food and Drug Administration, 7519
Standish Pl., Rockville, MD 20855,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    This document is related to two documents published elsewhere in
this issue of the Federal Register, wherein FDA is announcing: (1) The
availability of a draft guidance entitled ``New Animal Drugs and New
Animal Drug Combination Products Administered in or on Medicated Feed
or Drinking Water of Food-Producing Animals: Recommendations for Drug
Sponsors for Voluntarily Aligning Product Use Conditions With GFI
209'' (draft GFI 213); and (2) the availability of a
draft proposed regulation for veterinary feed directives.
    In the Federal Register of June 29, 2010 (75 FR 37450), FDA
published the notice of availability for a draft guidance entitled
``The Judicious Use of Medically Important Antimicrobial Drugs in Food-
Producing Animals,'' giving interested persons until August 30, 2010,
to comment on the draft guidance. FDA received numerous comments on the
draft guidance, and those comments were considered as the guidance was
finalized. Minor editorial changes were made to improve clarity.
    The Agency was pleased to receive a number of comments that were
generally supportive of the concepts outlined in draft GFI
209. However, other comments were more critical, based largely
on the guidance's lack of specificity related to implementation issues.
FDA decided not to make any substantive changes to GFI 209 but
rather to address specific issues related to implementation through
issuance of a separate draft guidance document, draft GFI 213,
that would afford additional opportunity for public comment. As noted
earlier, a notice of availability for draft GFI 213 is
published elsewhere in this issue of the Federal Register.
    The guidance announced in this notice finalizes the draft guidance
dated June 28, 2010.

II. Significance of Guidance

    This level 1 guidance is being issued consistent with FDA's good
guidance practices regulation (21 CFR 10.115). The guidance represents
the Agency's current thinking on the topic. It does not create or
confer any rights for or on any person and does not operate to bind FDA
or the public. An alternative approach may be used if such approach
satisfies the requirements of the applicable statutes and regulations.

III. Paperwork Reduction Act of 1995

    FDA concludes that there are no collections of information under
the Paperwork Reduction Act of 1995.

IV. Comments

    Interested persons may submit to the Division of Dockets Management
(see ADDRESSES) either electronic or written comments regarding this
document. It is only necessary to send one set of comments. Identify
comments with the docket number found in brackets in the heading of
this document. Received comments may be seen in the Division of Dockets
Management between 9 a.m. and 4 p.m., Monday through Friday.

V. Electronic Access

    Persons with access to the Internet may obtain the guidance at
either http:[sol][sol]www.fda.gov/AnimalVeterinary/
GuidanceComplianceEnforcement/GuidanceforIndustry/default.htm or
http:[sol][sol]www.regulations.gov.

    Dated: April 5, 2012.
David Dorsey,
Acting Associate Commissioner for Policy and Planning.
[FR Doc. 2012-8846 Filed 4-11-12; 11:15 am]
BILLING CODE 4160-01-P