[Federal Register Volume 76, Number 234 (Tuesday, December 6, 2011)]
[Notices]
[Pages 76205-76211]
[FR Doc No: 2011-31263]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65859; File No. SR-NYSEArca-2011-84]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
of Proposed Rule Change Relating to the Listing and Trading of the
Russell Global Opportunity ETF; Russell Bond ETF; and Russell Real
Return ETF Under NYSE Arca Equities Rule 8.600

December 1, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''

or ``Exchange Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby
given that, on November 16, 2011, NYSE Arca, Inc. (``Exchange'' or
``NYSE Arca'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to list and trade the following three series
of the Russell Exchange Traded Funds Trust under NYSE Arca Equities
Rule 8.600 (``Managed Fund Shares''): Russell Global Opportunity ETF;
Russell Bond ETF; and Russell Real Return ETF. The text of the proposed
rule change is available at the Exchange, the Commission's Public
Reference Room, and www.nyse.com.

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

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

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

1. Purpose
    The Exchange proposes to list and trade the following Managed Fund
Shares \3\ (``Shares'') under NYSE Arca Equities Rule 8.600: Russell
Global Opportunity ETF; Russell Bond ETF; and Russell Real Return ETF
(each, a ``Fund'' and, collectively, ``Funds''). The Funds are series
of the Russell Exchange Traded Funds Trust (``Trust'').\4\ Each of the
Funds is a ``fund of funds,'' which means that each Fund seeks to
achieve its investment objective by investing primarily in the retail
shares of other exchange-traded funds that are registered under the
1940 Act (``Underlying ETFs'').\5\ The Funds also may invest in other
types of U.S. exchange-traded products, such as Exchange Traded Notes
(``ETNs'') and exchange-traded pooled investment vehicles
(collectively, with Underlying ETFs, ``Underlying ETPs'').\6\
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    \3\ A Managed Fund Share is a security that represents an
interest in an investment company registered under the Investment
Company Act of 1940 (15 U.S.C. 80a) (``1940 Act'') organized as an
open-end investment company or similar entity that invests in a
portfolio of securities selected by its investment adviser
consistent with its investment objectives and policies. In contrast,
an open-end investment company that issues Investment Company Units,
listed and traded on the Exchange under NYSE Arca Equities Rule
5.2(j)(3), seeks to provide investment results that correspond
generally to the price and yield performance of a specific foreign
or domestic stock index, fixed income securities index or
combination thereof.
    \4\ The Commission has previously approved listing and trading
on the Exchange of actively managed funds under Rule 8.600. See,
e.g., Securities Exchange Act Release Nos. 60460 (August 7, 2009),
74 FR 41468 (August 17, 2009) (SR-NYSEArca-2009-55) (order approving
Exchange listing and trading of Dent Tactical ETF); 60717 (September
24, 2009), 74 FR 50853 (October 1, 2009) (SR-NYSEArca-2009-74)
(order approving Exchange listing and trading of four Grail Advisors
RP ETFs); 63802 (January 31, 2011), 76 FR 6503 (February 4, 2011)
(SR-NYSEArca-2010-118) (order approving Exchange listing and trading
of SiM Dynamic Allocation Diversified Income ETF and SiM Dynamic
Allocation Growth Income ETF); 64689 (June 16, 2011), 76 FR 36608
(June 22, 2011) (SR-NYSEArca-2011-18) (order approving Exchange
listing and trading of Meidell Tactical Advantage ETF).
    \5\ The Trust is registered under the 1940 Act. On May 9, 2011,
the Trust filed with the Commission Post-Effective Amendment No. 6
under the Securities Act of 1933 (15 U.S.C. 77a) and Amendment No. 9
under the 1940 Act to the Trust's registration statement on Form N-
1A relating to the Funds (File Nos. 333-160877 and 811-22320)
(``Registration Statement''). The description of the operation of
the Trust and the Funds herein is based, in part, on the
Registration Statement. In addition, the Commission has issued an
order granting certain exemptive relief to the Trust under the 1940
Act. See Investment Company Act Release No. 29164 (March 1, 2010)
(File No. 812-13815 and 812-13658-01) (``Exemptive Order'').
    \6\ ``Underlying ETPs,'' which will be listed on a national
securities exchange, include the following: Investment Company Units
(as described in NYSE Arca Equities Rule 5.2(j)(3)); Index-Linked
Securities (as described in NYSE Arca Equities Rule 5.2(j)(6));
Portfolio Depositary Receipts (as described in NYSE Arca Equities
Rule 8.100); Trust Issued Receipts (as described in NYSE Arca
Equities Rule 8.200); Commodity-Based Trust Shares (as described in
NYSE Arca Equities Rule 8.201); Currency Trust Shares (as described
in NYSE Arca Equities Rule 8.202); Commodity Index Trust Shares (as
described in NYSE Arca Equities Rule 8.203); Trust Units (as
described in NYSE Arca Equities Rule 8.500); Managed Fund Shares (as
described in NYSE Arca Equities Rule 8.600); and closed-end funds.
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    Russell Investment Management Company (``Adviser'') is the adviser
for the Funds.\7\ State Street Bank & Trust Company serves as the
custodian, [sic] transfer agent and Russell Fund Services Company as
administrator for the Funds.
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    \7\ An investment adviser to an open-end fund is required to be
registered under the Investment Advisers Act of 1940 (``Advisers
Act''). As a result, the Adviser and its related personnel are
subject to the provisions of Rule 204A-1 under the Advisers Act
relating to codes of ethics. This Rule requires investment advisers
to adopt a code of ethics that reflects the fiduciary nature of the
relationship to clients as well as compliance with other applicable
securities laws. Accordingly, procedures designed to prevent the
communication and misuse of non-public information by an investment
adviser must be consistent with Rule 204A-1 under the Advisers Act.
In addition, Rule 206(4)-7 under the Advisers Act makes it unlawful
for an investment adviser to provide investment advice to clients
unless such investment adviser has (i) Adopted and implemented
written policies and procedures reasonably designed to prevent
violation, by the investment adviser and its supervised persons, of
the Advisers Act and the Commission rules adopted thereunder; (ii)
implemented, at a minimum, an annual review regarding the adequacy
of the policies and procedures established pursuant to subparagraph
(i) above and the effectiveness of their implementation; and (iii)
designated an individual (who is a supervised person) responsible
for administering the policies and procedures adopted under
subparagraph (i) above.
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    Commentary .06 to Rule 8.600 provides that, if the investment
adviser to the investment company issuing Managed Fund Shares is
affiliated with a broker-dealer, such investment adviser shall erect a
``fire wall'' between the investment adviser and the broker-dealer with
respect to access to information concerning the composition and/or
changes to such investment company portfolio. In addition, Commentary
.06 further requires that personnel who make decisions on the open-end
fund's portfolio composition must be subject to procedures designed to
prevent the use and dissemination of material nonpublic information
regarding the open-end fund's portfolio. Commentary .06 to Rule 8.600
is similar to Commentary .03(a)(i) and (iii) to NYSE Arca Equities Rule
5.2(j)(3); however, Commentary .06 in connection with the establishment
of a ``fire wall'' between the investment adviser and the broker-dealer
reflects the applicable open-end fund's portfolio, not an underlying
benchmark index, as is the case with index-based funds. The Adviser is
affiliated with multiple broker-dealers and has implemented a ``fire
wall'' with respect to such broker-dealers regarding access to
information concerning the composition and/or changes to the Funds'
portfolios. In the event (a) The Adviser or any sub-adviser becomes
newly affiliated with a broker-dealer, or (b) any new adviser or sub-
adviser becomes affiliated with a broker-dealer, it will implement a
fire wall with respect to such broker-dealer regarding access to
information concerning the composition and/or changes to a portfolio,
and will be subject to procedures designed to prevent the use and
dissemination of

material non-public information regarding such portfolio.
    With respect to each of the Funds, the Adviser will employ an
active investment strategy, meaning that it buys and holds Underlying
ETPs for either a long or short period of time depending on the
opportunity and replacement opportunities.
Russell Global Opportunity ETF
    According to the Registration Statement, the Fund's investment
objective will be to seek to provide long-term capital growth. The Fund
will be a ``fund of funds,'' which means that the Fund will seek to
achieve its investment objective by investing primarily in shares of
Underlying ETFs. In pursuing the Fund's investment objective, the
Adviser will normally invest the Fund's assets in Underlying ETFs that
seek to track various indices.\8\ These indices include those that
track the performance of equity, fixed income, real estate,
commodities, infrastructure or currency markets. There is no maximum
limit on the percentage of Fund assets that may be invested in
securities of non-U.S. issuers through Underlying ETFs. A minimum of
30% of Fund assets will be invested in securities of non-U.S. issuers
through Underlying ETFs. The Fund also may invest in other Underlying
ETPs.
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    \8\ The terms ``normally'' and ``under normal circumstances'' as
used herein includes, but is not limited to, the absence of extreme
volatility or trading halts in the debt or equities markets or the
financial markets generally; operational issues causing
dissemination of inaccurate market information; or force majeure
type events such as systems failure, natural or man-made disaster,
act of God, armed conflict, act of terrorism, riot or labor
disruption or any similar intervening circumstance.
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    The Adviser will employ an asset allocation strategy that seeks to
provide exposure to multiple asset classes in a variety of domestic and
foreign markets. The Adviser's asset allocation strategy will establish
a target asset allocation for the Fund and the Adviser then will
implement the strategy by selecting Underlying ETPs that represent each
of the desired asset classes, sectors and strategies. The Adviser's
strategy also will involve periodic review of the Fund's holdings as
markets rise and fall to ensure that the portfolio adheres to the
strategic allocation and to add value through tactical allocation that
may over or underweight Underlying ETPs around the strategic
allocation. The Adviser may modify the strategic allocation for the
Fund from time to time based on capital markets research. The Adviser
also may modify the Fund's allocation based on tactical factors such as
the Adviser's outlook for the economy, financial markets generally and/
or relative market valuation of the asset classes, sectors or
strategies represented by each Underlying ETP.
    The Adviser intends to invest in Underlying ETPs that hold equity
securities of large, medium and small capitalization companies across
the globe including developed countries and emerging countries. Equity
securities may include common and preferred stocks, warrants and rights
to subscribe to common stock and convertible securities. The Adviser
also intends to invest in Underlying ETPs that (1) Hold U.S. and non-
U.S. government issued debt, investment grade corporate bonds, below
investment grade bonds (generally referred to as high yield bonds or
``junk''), and mortgage and asset backed securities, and (2) track
performance of commodities, real estate, infrastructure and currency
markets by investing in energy, metals, agriculture, REITs, utilities,
roads and bridges or construction/engineering companies. The Adviser
may also, on a limited basis, sell short Underlying ETPs.
    The Adviser will select Underlying ETPs based on their potential to
represent the underlying asset class, sector or strategy to which the
Adviser seeks exposure for the Fund. The Fund will only invest in U.S.-
listed Underlying ETPs.
Russell Bond ETF
    According to the Registration Statement, the Fund will seek total
return. The Fund will be a ``fund of funds,'' which means that the Fund
will seek to achieve its investment objective by investing primarily in
shares of Underlying ETFs. In pursuing the Fund's investment objective,
the Adviser will normally invest the Fund's assets in Underlying ETFs
that seek to track various fixed income indices.\9\ These indicies
include those that track the performance of fixed income securities
issued by governments and corporations in the United States, Europe and
Asia, as well as other developed and emerging markets. There is no
limit on the percentage of Fund assets that may be invested in
securities of non-U.S. issuers through Underlying ETFs. The Fund also
may invest in other Underlying ETPs.
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    \9\ See note 8, supra.
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    The Fund will invest, under normal circumstances, such that at
least 80% of the value of its net assets are exposed to bonds through
Underlying ETPs. The Fund considers bonds to include fixed income
equivalent instruments, which may be represented by forwards or
derivatives such as options, futures contracts, or swap agreements.
    The Adviser will employ an asset allocation strategy that provides
exposure to multiple fixed income asset classes or sectors in a variety
of U.S. and non-U.S. markets. The Adviser's allocation strategy will
establish a target allocation for the Fund and the Adviser then will
implement the strategy by selecting Underlying ETPs that represent each
of the desired exposures including asset classes or sectors. The
Adviser's strategy also will involve periodic review of the Fund's
holdings as markets rise and fall to ensure that the portfolio adheres
to the strategic allocation and to add value through tactical
allocation that may over or underweight Underlying ETPs around the
strategic allocation. The Adviser may modify the strategic allocation
for the Fund from time to time based on capital markets research. The
Adviser also may modify the Fund's allocation based on tactical factors
such as the Adviser's outlook for the economy, financial markets
generally and/or relative market valuation of the asset classes or
sectors represented by each Underlying ETP.
    The Adviser intends to invest in Underlying ETPs that hold
government-issued debt, investment grade corporate bonds, below
investment grade bonds (generally referred to as high yield bonds or
``junk'') and mortgage and asset backed securities. Issuers of debt
securities may be U.S. or non-U.S. (including developed and emerging
markets countries) governments or corporate issuers. The Adviser also
intends to select Underlying ETPs based on their exposure to asset
class or sectors and the duration and credit quality of their
portfolios within broader sectors of a fixed income market. The Adviser
may also, on a limited basis, sell short Underlying ETPs.
    The Adviser will select Underlying ETPs based on their potential to
represent the underlying asset class or sector to which the Adviser
seeks exposure for the Fund. The Fund will only invest in U.S.-listed
Underlying ETPs.
Russell Real Return ETF
    According to the Registration Statement, the Fund will seek a total
return that exceeds the rate of inflation over an economic cycle. The
Fund will be a ``fund of funds,'' which means that the Fund will seek
to achieve its investment objective by investing primarily in shares of
Underlying ETFs. In pursuing the Fund's investment objective, the
Adviser will normally invest the Fund's assets in Underlying

ETFs that seek to track various indices.\10\ These indices include
indices that track the performance of equity, fixed income (including
Treasury Inflation-Protected Securities or ``TIPS'') and real assets
such as real estate, commodities and infrastructure assets. The Fund
will invest in Underlying ETFs that invest in U.S. and non-U.S.
(including developed and emerging markets) securities. There is no
limit on the percentage of Fund assets that may be invested in
securities of non-U.S. issuers through Underlying ETFs. The Fund also
may invest in other Underlying ETPs.
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    \10\ See note 8, supra.
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    The Adviser will employ an asset allocation strategy that provides
exposure to multiple asset classes in a variety of domestic and foreign
markets. The Adviser's allocation strategy will establish a target
asset allocation for the Fund and the Adviser will then implement the
strategy by selecting Underlying ETPs that represent each of the
desired asset classes, sectors or strategies. The Adviser's strategy
also will involve periodic review of the Fund's holdings as markets
rise and fall to ensure that the portfolio adheres to the strategic
allocation and to add value through tactical allocation that may over
or underweight Underlying ETPs around the strategic allocation. The
Adviser may modify the strategic allocation for the Fund from time to
time based on capital markets research. The Adviser also may modify the
Fund's allocation based on tactical factors such as the Adviser's
outlook for the economy, inflation expectations, financial markets
generally and/or relative market valuation of the asset classes, sector
or strategies represented by each Underlying ETP.
    The Adviser intends to invest in Underlying ETPs that hold equity
securities of large, medium and small capitalization companies and
fixed income securities, including government issued debt, investment
grade corporate bonds, below investment grade bonds and mortgage and
asset backed securities issued by companies across the globe including
developed countries and emerging countries. The Adviser also intends to
invest in Underlying ETPs that hold U.S. inflation-indexed securities
and have exposure to commodities, real estate, infrastructure markets
and other real assets. A real asset is a tangible or physical asset
that typically has intrinsic value. The Adviser may also, on a limited
basis, sell short Underlying ETPs.
    The Adviser will select Underlying ETPs based on their potential to
represent the underlying asset class, sector or strategy to which the
Adviser seeks exposure for the Fund. The Fund will only invest in U.S.-
listed Underlying ETPs.
Other Investments of the Funds
    The Funds will not invest in derivatives. The Underlying ETPs in
which the Funds invest may, to a limited extent, invest in derivatives;
however, the Funds will not invest in Underlying ETPs that use
derivatives as a principal investment strategy unless the Underlying
ETP uses futures contracts and related options for bona fide hedging,
attempting to gain exposure to a particular market, index or
instrument, or other risk management purposes. To the extent an
Underlying ETP uses futures and/or options on futures, it will do so in
accordance with the Commodity Exchange Act\11\ and applicable rules and
regulations promulgated by the Commodity Futures Trading Commission and
the National Futures Association.
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    \11\ 7 U.S.C. 1.
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    Underlying ETPs may enter into swap agreements including interest
rate, index, and credit default swap agreements. An Underlying ETP may
invest in commodity-linked derivative instruments, such as structured
notes, swap agreements, commodity options, futures and options on
futures, to gain exposure to commodities markets. Financial futures
contracts may be used by an Underlying ETP during or in anticipation of
adverse market events such as interest rate changes. An Underlying ETP
may purchase a put and/or sell a call option on a stock index futures
contract instead of selling a futures contract in anticipation of an
equity market decline.
    Money market instruments, including repurchase agreements, or funds
that invest exclusively in money market instruments, including
affiliated money market funds (subject to applicable limitations under
the 1940 Act), convertible securities, variable rate demand notes, or
commercial paper may be used by a Fund in seeking to meet its
investment objective and in managing cash flows.
    The Funds expect to invest almost entirely in Underlying ETPs but
may also invest in, among other investments, common stocks; sponsored
American Depositary Receipts (``ADRs''), American Depositary Shares
(``ADSs'') and European Depositary Receipts (``EDRs''), Global
Depositary Receipts (``GDRs''); short-term instruments (including money
market instruments); U.S. Government Securities; TIPS; commercial
paper; and other debt instruments described in the Registration
Statement. The Funds and the Underlying ETPs may enter into repurchase
and reverse repurchase agreements.
Investment Policies and Restrictions
    Each Fund will seek to qualify for treatment as a regulated
investment company (``RIC'') under Subchapter M of the Internal Revenue
Code of 1986, as amended.\12\
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    \12\ 26 U.S.C. 151. One of several requirements for RIC
qualification is that a Fund must receive at least 90% of the Fund's
gross income each year from dividends, interest, [sic] payments with
respect to securities loans, gains from the sale or other
disposition of stock, securities or foreign currencies, or other
income derived with respect to the Fund's investments in stock,
securities, foreign currencies and net income from an interest in a
qualified publicly traded partnership (``90% Test''). A second
requirement for qualification as a RIC is that a Fund must diversify
its holdings so that, at the end of each fiscal quarter of the
Fund's taxable year: (a) At least 50% of the market value of the
Fund's total assets is represented by cash and cash items, U.S.
Government securities, securities of other RICs, and other
securities, with these other securities limited, in respect to any
one issuer, to an amount not greater than 5% of the value of the
Fund's total assets or 10% of the outstanding voting securities of
such issuer; and (b) not more than 25% of the value of its total
assets are invested in the securities (other than U.S. Government
securities or securities of other RICs) of any one issuer or two or
more issuers which the Fund controls and which are engaged in the
same, similar, or related trades or businesses, or the securities of
one or more qualified publicly traded partnership [sic] (``Asset
Test'').
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    Each Fund may invest up to an aggregate amount of 15% of its net
assets in (a) Illiquid securities, and (b) Rule 144A securities. This
limitation is applied at the time of purchase. The Commission staff has
interpreted the term ``illiquid'' in this context to mean a security
that cannot be sold or disposed of within seven days in the ordinary
course of business at approximately the amount at which a Fund has
valued such security.\13\
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    \13\ The Commission has stated that long-standing Commission
guidelines have required open-end funds to hold no more than 15% of
their net assets in illiquid securities and other illiquid assets.
See Investment Company Act Release No. 8901 (March 11, 2008), 73 FR
14617 (March 18, 2008), footnote 34. See also Investment Company Act
Release No. 5847 (October 21, 1969), 35 FR 19989 (December 31, 1970)
(Statement Regarding ``Restricted Securities''); Investment Company
Act Release No. 18612 (March 12, 1992), 57 FR 9828 (March 20, 1992)
(Revisions of Guidelines to Form N-1A). A fund's portfolio security
is illiquid if it cannot be disposed of in the ordinary course of
business within seven days at approximately the value ascribed to it
by the ETF. See Investment Company Act Release No. 14983 (March 12,
1986), 51 FR 9773 (March 21, 1986) (adopting amendments to Rule 2a-7
under the 1940 Act); Investment Company Act Release No. 17452 (April
23, 1990), 55 FR 17933 (April 30, 1990) (adopting Rule 144A under
the Securities Act of 1933).

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    Each Fund may invest in securities of other investment companies,
including ETFs, closed end funds and money market funds, subject to
applicable limitations under Section 12(d)(1) of the 1940 Act or
exemptions granted thereunder.
    A Fund may not:
    1. (i) With respect to 75% of its total assets, purchase securities
of any issuer (except securities issued or guaranteed by the U.S.
Government, its agencies or instrumentalities or shares of investment
companies) if, as a result, more than 5% of its total assets would be
invested in the securities of such issuer; or (ii) acquire more than
10% of the outstanding voting securities of any one issuer.\14\
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    \14\ The diversification standard is contained in Section
5(b)(1) of the 1940 Act (15 U.S.C. 80e).
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    2. Invest 25% or more of its total assets in the securities of one
or more issuers conducting their principal business activities in a
particular industry or group of industries; except that, to the extent
the underlying index selected for a particular passive Underlying ETF
is concentrated in a particular industry or group of industries, the
Funds will necessarily be concentrated in that industry or group of
industry [sic].\15\ This limitation does not apply to investments in
securities issued or guaranteed by the U.S. Government, its agencies or
instrumentalities, or shares of investment companies, including the
Underlying ETPs.
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    \15\ See Form N-1A, Item 9. The Commission has taken the
position that a fund is concentrated if it invests more than 25% of
the value of its total assets in any one industry. See, e.g.,
Investment Company Act Release No. 9011 (October 30, 1975), 40 FR
54241 (November 21, 1975).
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    Underlying ETPs will be listed and traded in the U.S. on a national
securities exchange. While the Underlying ETPs may hold non-U.S. equity
securities, the Funds will not invest in non-U.S. listed equity
securities. Each Fund's investments will be consistent with its
investment objective and will not be used to enhance leverage. The
Funds will not hold leveraged, inverse and inverse leveraged Underlying
ETPs. Consistent with the Exemptive Order, the Funds will not invest in
options contracts, futures contracts or swap agreements.
Creations and Redemptions of Shares
    The Funds will offer and issue Shares at their net asset value
(``NAV'') only in aggregations of a specified number of Shares (each, a
``Creation Unit''). The Funds generally will offer and issue Shares in
exchange for shares of specified Underlying ETPs (``Deposit
Securities'') together with the deposit of a specified cash payment
(``Cash Component''). The Trust will reserve the right to permit or
require the substitution of a ``cash in lieu'' amount to be added to
the Cash Component to replace any Deposit Security. The Shares will be
redeemable only in Creation Unit aggregations, and generally in
exchange for portfolio securities and a specified cash payment. A
Creation Unit of the Funds will consist of 50,000 Shares.
    The Shares will conform to the initial and continued listing
criteria under NYSE Arca Equities Rule 8.600. The Exchange represents
that, for initial and/or continued listing, the Trust will be in
compliance with Rule 10A-3 under the Exchange Act,\16\ as provided by
NYSE Arca Equities Rule 5.3. A minimum of 100,000 Shares will be
outstanding at the commencement of trading on the Exchange. The
Exchange will obtain a representation from the issuer of the Shares
that the NAV per Share will be calculated daily and that the NAV and
the Disclosed Portfolio as defined in NYSE Arca Equities Rule
8.600(c)(2) will be made available to all market participants at the
same time.
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    \16\ 17 CFR 240.10A-3.
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Availability of Information
    The Funds' Web site (www.russelletfs.com), which will be publicly
available prior to the public offering of Shares, will include a form
of the prospectus for the Funds that may be downloaded. The Funds' Web
site will include additional quantitative information updated on a
daily basis, including, for the Funds, (1) Daily trading volume, the
prior business day's reported closing price, NAV and mid-point of the
bid/ask spread at the time of calculation of such NAV (``Bid/Ask
Price''),\17\ and a calculation of the premium and discount of the Bid/
Ask Price against the NAV, and (2) data in chart format displaying the
frequency distribution of discounts and premiums of the daily Bid/Ask
Price against the NAV, within appropriate ranges, for each of the four
previous calendar quarters. On each business day, before commencement
of trading in Shares in the Core Trading Session on the Exchange, the
Funds will disclose on their Web site the Disclosed Portfolio that will
form the basis for the Funds' calculation of NAV at the end of the
business day.\18\ The Web site information will be publicly available
at no charge.
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    \17\ The Bid/Ask Price of the Funds will be determined using the
midpoint of the highest bid and the lowest offer on the Exchange as
of the time of calculation of the Funds' NAV. The records relating
to Bid/Ask Prices will be retained by the Funds and their service
providers.
    \18\ Under accounting procedures followed by the Funds, trades
made on the prior business day (``T'') will be booked and reflected
in NAV on the current business day (``T+1''). Accordingly, the Funds
will be able to disclose at the beginning of the business day the
portfolio that will form the basis for the NAV calculation at the
end of the business day.
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    On a daily basis, the Adviser will disclose for each portfolio
security or other financial instrument of the Funds the following
information: Ticker symbol (if applicable), name of security or
financial instrument, number of shares or dollar value of financial
instruments held in the portfolio, and percentage weighting of the
security or financial instrument in the portfolio.
    In addition, a basket composition file, which includes the security
names and share quantities required to be delivered in exchange for
Fund Shares, together with estimates and actual cash components, will
be publicly disseminated daily prior to the opening of the New York
Stock Exchange (``NYSE'') via the National Securities Clearing
Corporation. The basket will represent one Creation Unit of each Fund.
    The NAV of each Fund will normally be determined as of the close of
the regular trading session on the NYSE (ordinarily 4 p.m. Eastern
Time) on each business day.
    Investors can also obtain the Trust's Statement of Additional
Information (``SAI''), Shareholder Reports and Form N-CSR. The Trust's
SAI and Shareholder Reports are available free upon request from the
Trust, and those documents and the Form N-CSR may be viewed on-screen
or downloaded from the Commission's Web site at www.sec.gov.
Information regarding market price and trading volume of the Shares
will be continually available on a real-time basis throughout the day
on brokers' computer screens and other electronic services. Information
regarding the previous day's closing price and trading volume
information for the Shares will be published daily in the financial
section of newspapers. Quotation and last sale information for the
Shares will be available via the Consolidated Tape Association
(``CTA'') high-speed line. The intra-day and closing values of
Underlying ETPs also will be disseminated by the U.S. exchange on which
they are listed. In addition, the Portfolio Indicative Value, as
defined in NYSE Arca Equities Rule 8.600(c)(3), will be widely
disseminated by one or more major market data vendors at least every 15
seconds during

the Core Trading Session.\19\ The dissemination of the Portfolio
Indicative Value, together with the Disclosed Portfolio, will allow
investors to determine the value of the underlying portfolio of the
Funds on a daily basis and to provide a close estimate of that value
throughout the trading day.
---------------------------------------------------------------------------

    \19\ Currently, it is the Exchange's understanding that several
major market data vendors display and/or make widely available
Portfolio Indicative Values published on CTA or other data feeds.
---------------------------------------------------------------------------

    Additional information regarding the Trust and the Shares,
including investment strategies, risks, creation and redemption
procedures, fees, portfolio holdings disclosure policies, distributions
and taxes is included in the Registration Statement. All terms relating
to the Funds that are referred to, but not defined in, this proposed
rule change are defined in the Registration Statement.
Trading Halts
    With respect to trading halts, the Exchange may consider all
relevant factors in exercising its discretion to halt or suspend
trading in the Shares of the Funds.\20\ Trading in Shares of the Funds
will be halted if the circuit breaker parameters in NYSE Arca Equities
Rule 7.12 have been reached. Trading also may be halted because of
market conditions or for reasons that, in the view of the Exchange,
make trading in the Shares inadvisable. These may include: (1) The
extent to which trading is not occurring in the securities and/or the
financial instruments comprising the Disclosed Portfolio of a Fund; or
(2) whether other unusual conditions or circumstances detrimental to
the maintenance of a fair and orderly market are present. Trading in
the Shares will be subject to NYSE Arca Equities Rule 8.600(d)(2)(D),
which sets forth circumstances under which Shares of the Funds may be
halted.
---------------------------------------------------------------------------

    \20\ See NYSE Arca Equities Rule 7.12, Commentary .04.
---------------------------------------------------------------------------

Trading Rules
    The Exchange deems the Shares to be equity securities, thus
rendering trading in the Shares subject to the Exchange's existing
rules governing the trading of equity securities. Shares will trade on
the NYSE Arca Marketplace from 4 a.m. to 8 p.m. Eastern Time in
accordance with NYSE Arca Equities Rule 7.34 (Opening, Core, and Late
Trading Sessions). The Exchange has appropriate rules to facilitate
transactions in the Shares during all trading sessions. As provided in
NYSE Arca Equities Rule 7.6, Commentary .03, the minimum price
variation (``MPV'') for quoting and entry of orders in equity
securities traded on the NYSE Arca Marketplace is $0.01, with the
exception of securities that are priced less than $1.00 for which the
MPV for order entry is $0.0001.
Surveillance
    The Exchange intends to utilize its existing surveillance
procedures applicable to derivative products (which include Managed
Fund Shares) to monitor trading in the Shares. The Exchange represents
that these procedures are adequate to properly monitor Exchange trading
of the Shares in all trading sessions and to deter and detect
violations of Exchange rules and applicable federal securities laws.
    The Exchange's current trading surveillance focuses on detecting
securities trading outside their normal patterns. When such situations
are detected, surveillance analysis follows and investigations are
opened, where appropriate, to review the behavior of all relevant
parties for all relevant trading violations.
    The Exchange may obtain information via the Intermarket
Surveillance Group (``ISG'') from other exchanges that are members of
ISG or with which the Exchange has in place a comprehensive
surveillance sharing agreement.\21\ The Exchange, therefore, will be
able to obtain surveillance information from the exchanges trading the
Underlying ETPs.
---------------------------------------------------------------------------

    \21\ For a list of the current members of ISG, see
www.isgportal.org. The Exchange notes that not all components of the
Disclosed Portfolio for the Funds may trade on markets that are
members of ISG or with which the Exchange has in place a
comprehensive surveillance sharing agreement.
---------------------------------------------------------------------------

    In addition, the Exchange also has a general policy prohibiting the
distribution of material, non-public information by its employees.
Information Bulletin
    Prior to the commencement of trading, the Exchange will inform its
Equity Trading Permit (``ETP'') Holders in an Information Bulletin
(``Bulletin'') of the special characteristics and risks associated with
trading the Shares. Specifically, the Bulletin will discuss the
following: (1) The procedures for purchases and redemptions of Shares
in Creation Unit aggregations (and that Shares are not individually
redeemable); (2) NYSE Arca Equities Rule 9.2(a), which imposes a duty
of due diligence on its ETP Holders to learn the essential facts
relating to every customer prior to trading the Shares; (3) the risks
involved in trading the Shares during the Opening and Late Trading
Sessions when an updated Portfolio Indicative Value will not be
calculated or publicly disseminated; (4) how information regarding the
Portfolio Indicative Value is disseminated; (5) the requirement that
ETP Holders deliver a prospectus to investors purchasing newly issued
Shares prior to or concurrently with the confirmation of a transaction;
and (6) trading information.
    In addition, the Bulletin will reference that the Funds are subject
to various fees and expenses described in the Registration Statement.
The Bulletin will discuss any exemptive, no-action, and interpretive
relief granted by the Commission from any rules under the Exchange Act.
The Bulletin will also disclose that the NAV for the Shares will be
calculated after 4 p.m. Eastern Time each trading day.
2. Statutory Basis
    The basis under the Exchange Act for this proposed rule change is
the requirement under Section 6(b)(5) \22\ that an exchange have rules
that are designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to remove
impediments to, and perfect the mechanism of a free and open market
and, in general, to protect investors and the public interest.
---------------------------------------------------------------------------

    \22\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change is designed to
prevent fraudulent and manipulative acts and practices in that the
Shares will be listed and traded on the Exchange pursuant to the
initial and continued listing criteria in NYSE Arca Equities Rule
8.600. The Exchange has in place surveillance procedures that are
adequate to properly monitor trading in the Shares in all trading
sessions and to deter and detect violations of Exchange rules and
applicable federal securities laws. The Exchange may obtain information
via ISG from other exchanges that are members of ISG or with which the
Exchange has entered into a comprehensive surveillance sharing
agreement. Underlying ETPs will be listed and traded in the U.S. on a
national securities exchange. While the Underlying ETPs may hold non-
U.S. equity securities, the Funds will not invest in non-U.S.
registered equity securities. Each Fund's investments will be
consistent with its investment objective and will not be used to
enhance leverage. The Funds will not invest in derivatives, including
options, swaps or futures.
    The proposed rule change is designed to promote just and equitable
principles of trade and to protect investors and the public interest in
that the Adviser is affiliated with multiple broker-dealers and has
implemented a ``fire wall'' with

respect to such broker-dealers regarding access to information
concerning the composition and/or changes to the Funds' portfolios. The
Exchange will obtain a representation from the issuer of the Shares
that the NAV per Share will be calculated daily and that the NAV and
the Disclosed Portfolio will be made available to all market
participants at the same time. In addition, a large amount of
information is publicly available regarding the Funds and the Shares,
thereby promoting market transparency. The Funds' portfolio holdings
will be disclosed on its Web site daily after the close of trading on
the Exchange and prior to the opening of trading on the Exchange the
following day. Moreover, the Portfolio Indicative Value will be widely
disseminated by one or more major market data vendors at least every 15
seconds during the Exchange's Core Trading Session. On each business
day, before commencement of trading in Shares in the Core Trading
Session on the Exchange, the Funds will disclose on their Web site the
Disclosed Portfolio that will form the basis for the Funds' calculation
of NAV at the end of the business day. Information regarding market
price and trading volume of the Shares will be continually available on
a real-time basis throughout the day on brokers' computer screens and
other electronic services, and quotation and last sale information will
be available via the CTA high-speed line. The Web site for the Fund
[sic] will include a form of the prospectus for the Funds and
additional data relating to NAV and other applicable quantitative
information. Moreover, prior to the commencement of trading, the
Exchange will inform its ETP Holders in an Information Bulletin of the
special characteristics and risks associated with trading the Shares.
Trading in Shares of the Funds will be halted if the circuit breaker
parameters in NYSE Arca Equities Rule 7.12 have been reached or because
of market conditions or for reasons that, in the view of the Exchange,
make trading in the Shares inadvisable, and trading in the Shares will
be subject to NYSE Arca Equities Rule 8.600(d)(2)(D), which sets forth
circumstances under which Shares of the Funds may be halted. In
addition, as noted above, investors will have ready access to
information regarding the Funds' holdings, the Portfolio Indicative
Value, the Disclosed Portfolio, and quotation and last sale information
for the Shares.
    The proposed rule change is designed to perfect the mechanism of a
free and open market and, in general, to protect investors and the
public interest in that it will facilitate the listing and trading of
an additional type of actively-managed exchange-traded product that
will enhance competition among market participants, to the benefit of
investors and the marketplace. As noted above, the Exchange has in
place surveillance procedures relating to trading in the Shares and may
obtain information via ISG from other exchanges that are members of ISG
or with which the Exchange has entered into a comprehensive
surveillance sharing agreement. In addition, as noted above, investors
will have ready access to information regarding the Funds' holdings,
the Portfolio Indicative Value, the Disclosed Portfolio, and quotation
and last sale information for the Shares.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.

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

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

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period (i) As the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) By order approve or disapprove such proposed rule change, or
    (B) Institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2011-84 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2011-84. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEArca-2011-84 and should
be submitted on or before December 27, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\23\
---------------------------------------------------------------------------

    \23\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2011-31263 Filed 12-5-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 127 (Tuesday, July 2, 2019)]
[Rules and Regulations]
[Pages 31512-31517]
[FR Doc No: 2019-13493]

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

40 CFR Parts 222, 223, 224, 228 and 229

[FRL-9995-28-OW]
RIN 2040-AF91

Marine Protection, Research, and Sanctuaries Act (MPRSA)
Regulations and Disposal Sites Designated Under the MPRSA; Technical
Amendments

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to correct technical inaccuracies in its ocean dumping
regulations that have been identified since the original publication.
The EPA does not intend to alter the interpretation of existing rules
or subsequent revisions, but merely to make ministerial corrections and
updates to the Code of Federal Regulations (CFR).

DATES: This rule is effective on August 1, 2019.

FOR FURTHER INFORMATION CONTACT: Brittany Bennett, Oceans, Wetlands,
and Communities Division, Freshwater and Marine Regulatory Branch
(4504T), Environmental Protection Agency, 1200 Pennsylvania Avenue NW,
Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax number: 202-
566-1546; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Why is the EPA taking this action?

    The EPA is publishing this rule to correct inaccurate text in the
CFR that has been identified since the original publication. This
action will prevent confusion regarding dumping at designated ocean
dumping sites and ensure that the regulations contain the correct
information. Specifically, the EPA intends to eliminate confusion
regarding the applicable coordinate datum for ocean dumping sites, to
correct formatting of coordinates for ocean dumping sites, to clarify
the name of one ocean dumping site, to correctly specify the size of
one ocean dumping site, to update several out-of-date addresses and
names of EPA organizational units, and to correct a typographical
error. In addition, the EPA is explaining the circumstances when email
is an acceptable method for MPRSA reporting.

II. What is the EPA's authority for taking this action?

    The EPA is taking this action to implement the Marine Protection,
Research, and Sanctuaries Act (MPRSA) of 1972, as amended, sometimes
referred to as the Ocean Dumping Act. The MPRSA section 108, 33 U.S.C.
1418, authorizes the EPA to issues such regulations to carry out its
responsibilities conferred under the MPRSA. The MPRSA regulates the
disposition of any material into ocean waters, unless expressly
excluded under the MPRSA. Section 101 of the MPRSA (33 U.S.C. 1411)
generally prohibits the transportation of any material for the purpose
of dumping, except as authorized by a permit. Under the MPRSA, no
permit may be issued for ocean dumping where such dumping will
unreasonably degrade or endanger human health, welfare, or amenities,
or the marine environment, ecological systems, or economic
potentialities. Most material disposed of in the ocean today is dredged
material (i.e., sediments) removed from the bottom of waterways to
maintain navigation channels and berthing areas. Other materials that
are currently disposed of in the ocean include fish wastes, human
remains, marine mammal carcasses, ice piers in Antarctica, and vessels.
Ocean dumping cannot occur except pursuant to a permit under the MPRSA
and its implementing regulations.
    Under the MPRSA, the EPA is responsible for establishing criteria
for reviewing and evaluating permit applications and for designating
ocean dumping sites. The EPA is the permitting authority for ocean
dumping of all materials except dredged material. The U.S. Army Corps
of Engineers (USACE) is the permitting authority for ocean dumping of
dredged material. The USACE applies EPA's ocean dumping criteria to
determine whether to authorize ocean disposal of dredged material under
MPRSA permits (or, in the case of federal projects, under an
administrative equivalent of a permit). The MPRSA permits for, and
federal projects involving, ocean disposal of dredged material are
subject to EPA review and concurrence. The EPA also is responsible for
designating recommended ocean dumping sites for all types of materials,
including dredged material.
    The EPA's ocean dumping regulations at 40 CFR parts 220 through 228
establish criteria and procedures for ocean dumping permitting and
designation and management of ocean disposal sites. The ocean dumping
regulations at 40 CFR part 229 contain three general permits issued
under the MPRSA.
    The regulations also contain the locations and requirements for use
of all EPA-designated ocean dumping sites by EPA Region (40 CFR
228.15). The regulations at 40 CFR 228.15(a)(3) note that all ocean
dumping site coordinates in 40 CFR 228.15 are based upon North American
Datum of 1927 (NAD27) unless specifically noted. Over time, however, as
new ocean dumping sites were designated, the applicable datum for some
sites had not been specifically noted even though the EPA had
identified the site coordinates based on the newer, more accurate
geodetic datum, North American Datum of 1983 (NAD83), which has since
replaced the NAD27 datum for widespread use. This action revises the
regulation to specify that the coordinate datum for all sites are based
on NAD83 unless specifically noted as NAD27. This action also specifies
the datum as NAD27 for those sites previously not specified as such,
based on the EPA's confirmation that NAD27 were used. Additionally,
this rule revises incorrect formatting of site coordinates at 40 CFR
228.15, including adding zero placeholders and correcting misplaced
coordinate punctuation to correspond to the relevant North American
Datum. None of these revisions reflect any substantive change to the
location coordinates used by persons disposing dredged materials at the
respective sites.
    This action further clarifies the name of one ocean dumping site at
40 CFR 228.15(j)(21) from ``Atchafalaya River and Bayous Chene, Boeuf,
and Black, LA'' to ``Atchafalaya River and Bayous Chene, Boeuf, and
Black, LA (ODMDS East),'' to reflect the name commonly used to describe
the site.
    This action also revises an incorrectly specified size of one site
at 40 CFR 228.15(l)(3)(ii), but does not enlarge the site nor change
the previously designated coordinates. This change revises the
previously incorrectly calculated site area from 6.5 square nautical
miles (22 square kilometers) to its correct size, 7.85 square nautical
miles (27 square kilometers).
    Various portions of the ocean dumping regulations require
notification of certain other federal agencies when specified actions
are taken under the regulations. This rule updates the out-of-date
addresses provided in the regulations for two of these agencies at 40
CFR parts 223, 224, and 229. These addresses have changed since the
rule was promulgated in 1977. These changes do not alter application or
interpretation of the rules, nor change the federal agencies to be
notified.

    Additionally, 40 CFR 222.6 and 223.4(d) reference three EPA
divisions that no longer exist due to subsequent reorganizations within
the EPA: The Water Programs Division, the Surveillance and Analysis
Division, and the Enforcement Division. These changes do not alter
operation of the rule, but instead describe the relevant underlying
functions performed so that the regulation is no longer tied to the
names of EPA organizational components.
    The ocean dumping regulations specify that when emergency dumping
occurs, the EPA Administrator, EPA Regional Administrator, or the
nearest Coast Guard district be notified by radio, telephone, or
telegraph. The rule updates 40 CFR 224.2(b) to allow notification of
emergency dumping by email, in addition to radio, telephone, or
telegraph. There are no other reporting obligations in the MPRSA
regulations where the notification format is specified.
    This rule corrects a typographical error in 40 CFR 222.12(a)(1),
which describes procedures applicable to actions on ocean dumping
permit applications under Section 102 of the MPRSA. The pre-existing
text read ``. . . When an appeal or motion to referred to the
Administrator . . .'' This action corrects the typographical error to
instead read ``. . . When an appeal or motion is referred to the
Administrator. . .'' The rule also corrects a typographical error in 40
CFR 228.6(b), which describes specific criteria for site selection
under Section 102 of the MPRSA. The pre-existing text read ``The
results of a disposal site evaluation and/or designation study based on
the criteria stated in paragraphs (b)(1) through (11) of this section .
. .'' This action corrects the typographical error to instead read
``The results of a disposal site evaluation and/or designation study
based on the criteria stated in paragraphs (a)(1) through (11) of this
section . . .''
    These changes act to correct the text of existing regulations to
conform to the underlying support for the EPA's action and appropriate
current practice, organization, or procedure. This rule will help to
prevent confusion regarding ocean dumping at designated ocean dumping
sites and ensure that the regulations contain the correct information.

III. Does this action apply to me?

    Generally, ocean dumping sites and permits are used by persons
seeking to dispose of dredged material or other materials in ocean
waters. However, there are no regulated entities potentially affected
by this action, because this action does not make any substantive
changes to the EPA's ocean dumping regulations. This is a housekeeping
measure intended only to eliminate confusion by specifying the
applicable coordinate datum for ocean dumping sites, to correct
formatting of coordinates for ocean dumping sites, to clarify the name
of one ocean dumping site, to correctly specify the size of one ocean
dumping site, to update several out-of-date addresses and names of EPA
organizational units, and to correct a typographical error.

IV. Statutory and Executive Order Reviews

A. Administrative Procedure Act

    Under the Administrative Procedure Act (APA), agencies generally
are required to publish a notice of proposed rulemaking and provide an
opportunity for the public to comment on any substantive rulemaking
action. However, the APA provides exceptions from this requirement for
the promulgation of agency rules of organization, procedure, or
practice, and when an agency for good cause finds that notice and
public procedure is unnecessary. See 5 U.S.C. 553(b)(A) and 5 U.S.C.
553(b)(B).
    The EPA finds that this action, in part, constitutes a rule of
organization, procedure, or practice that is excepted from notice and
public comment. This action updates the regulations to identify the
successor EPA divisions or offices referenced at 40 CFR 222.6 and
223.4(d). In addition, the rule specifies email as an acceptable form
of MPRSA reporting. Neither of these changes alters operation of the
underlying rule.
    Further, the APA provides an exception from the requirement to
publish a notice of proposed rulemaking and opportunity for public
comment when the agency for good cause finds (and incorporates the
finding and a brief statement of reasons in the rules issued) that a
notice and public procedure thereon are impracticable, unnecessary, or
contrary to the public interest. See 5 U.S.C. 553(b)(B).
    The EPA finds good cause to publish a final rule without prior
notice and comment because notice and public procedure is unnecessary.
This action does not alter the jurisdiction or authority of the EPA or
the entities regulated under the MPRSA. This final rule does not modify
any location, size, or limitations of designated ocean disposal sites,
nor does it change any procedures described by the regulations. The
revisions are technical corrections that do not substantively change
the EPA's ocean dumping regulations nor application or operation of the
regulations. This action is non-significant because it does not involve
any new science, economics, or novel legal or policy issues. The EPA
does not anticipate any costs or burdens associated with this action.
This rule does not establish any new requirements, mandates, or
procedures. This is a housekeeping measure intended only to eliminate
confusion by specifying the applicable coordinate datum for ocean
dumping sites, to correct formatting of coordinates for ocean dumping
sites, to clarify the name of one ocean dumping site, to correctly
specify the size of one ocean dumping site, to update several out-of-
date addresses and names of EPA organizational units, and to correct a
typographical error.

B. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden
under the provisions of the PRA (44 U.S.C. 3501 et seq.), (burden is
defined at 5 CFR 1320.3(b)), because it merely corrects the published
regulatory text, as explained above. It does not establish or modify
any information reporting or recordkeeping requirements, and therefore
is not subject to the requirements of the Paperwork Reduction Act.

C. Other Statutes and Executive Orders

    This rule does not establish any new requirements, mandates, or
procedures. As explained previously, this final action merely specifies
the applicable coordinate datum for ocean dumping sites, corrects
formatting of coordinates for ocean dumping sites, clarifies the name
of one ocean dumping site, specifies the size of one ocean dumping
site, updates several out-of-date addresses and names of EPA
organizational units, and corrects a typographical error. This rule is
a housekeeping measure and does not result in any additional or new
regulatory requirements. Accordingly, it has been determined that this
action is not a ``significant regulatory action'' under Executive Order
12866 (58 FR 51735, October 4, 1993), and therefore was not submitted
to the Office of Management and Budget (OMB) for review. In addition,
this action does not contain any unfunded mandate, as described in the
Unfunded Mandates Reform Act (UMRA), 2 U.S.C. 1531-1538 and does not
significantly or uniquely affect small governments. The action imposes
no enforceable duty on any state, local, or tribal governments or the
private sector. This action does not

have federalism implications. It will not have substantial direct
effects on the states, on the relationship between the national
government and the states, or on the distribution of power and
responsibilities among the various levels of government as specified by
Executive Order 13132 (64 FR 43255, August 4, 1999). This action does
not have tribal implications as specified in Executive Order 13175 (65
FR 67249, November 9, 2000). Thus, Executive Order 13175 does not apply
to this action. The EPA believes that this action is not subject to
Executive Order 12898 (59 FR 7629, February 16, 1994), because it does
not establish an environmental health or safety standard, as it is a
correction to a previously promulgated regulatory action and does not
have any impact on human health or the environment. This action is not
subject to Executive Order 13211 (66 FR 28355, May 22, 2001) because it
is not a significant regulatory action under Executive Order 12866.
Because this action is not subject to notice-and-comment requirements
under the APA or any other statute, and because it does not impose any
new requirements on small entities, this action is not subject to the
Regulatory Flexibility Act (RFA, 5 U.S.C. 601-612). The RFA applies to
rules subject to notice and comment rulemaking requirements under the
APA, 5 U.S.C. 553. The EPA interprets Executive Order 13045 (62 FR
19885, April 23, 1997) as applying only to those regulatory actions
that concern environmental health or safety risks that the EPA has
reason to believe may disproportionately affect children, per the
definition of ``covered regulatory action'' in section 2-202 of the
Executive Order. This action is not subject to Executive Order 13045
because it does not concern an environmental health risk or safety
risk. This rule does not involve technical standards and is therefore
not subject to the National Technology Transfer and Advancement Act of
1995, Public Law 104-113, section 12(d) (15 U.S.C. 272 note).
    This action is subject to the Congressional Review Act (CRA) (5
U.S.C. 801-808), and the EPA will submit a rule report to each House of
the Congress and to the Comptroller General of the United States. The
CRA allows the issuing agency to make a rule effective sooner than
otherwise provided by the CRA if the agency makes a good cause finding
that notice and comment rulemaking procedures are impracticable,
unnecessary or contrary to the public interest (5 U.S.C. 808(2)). The
EPA has made a good cause finding for this rule as discussed in Section
IV.A. in this preamble, including the basis for that finding.

List of Subjects

40 CFR Part 222

    Environmental protection, Administrative practice and procedure,
Water pollution control.

40 CFR Part 223

    Environmental protection, Administrative practice and procedure,
Water pollution control.

40 CFR Part 224

    Environmental protection, Reporting and recordkeeping requirements,
Water pollution control.

40 CFR Part 228

    Environmental protection, Water pollution control.

40 CFR Part 229

    Environmental protection, Vessels, Water pollution control.

    Dated: June 7, 2019.
David P. Ross,
Assistant Administrator, Office of Water.
    For the reasons set forth in the preamble, 40 CFR parts 222, 223,
224, 228, and 229 is amended as follows:

PART 222--ACTION ON OCEAN DUMPING PERMIT APPLICATIONS UNDER SECTION
102 OF THE ACT

0
1. The authority citation for 40 CFR part 222 continues to read as
follows:

    Authority: 33 U.S.C. 1412 and 1418.

0
2. Amend Sec.  222.3 by revising paragraph (h) to read as follows:

Sec.  222.3  Notice of applications.

* * * * *
    (h) Copies of notice sent to Food and Drug Administration. In
addition to the publication of notice required by paragraph (b) of this
section, copies of such notice will be mailed to Food and Drug
Administration, Shellfish Sanitation Branch, 5001 Campus Dr., College
Park, MD 20740.
* * * * *

0
3. Revise Sec.  222.6 to read as follows:

Sec.  222.6  Presiding Officer.

    A hearing convened pursuant to this subchapter shall be conducted
by a Presiding Officer. The Administrator or Regional Administrator, as
the case may be, may designate a Presiding Officer. For adjudicatory
hearings held pursuant to Sec.  222.11, the Presiding Officer shall be
an EPA employee who has had no prior connection with the permit
application in question, including without limitation, the performance
of investigative or prosecuting functions with respect to the proposed
ocean dumping.

0
4. Amend Sec.  222.12 by revising the last sentence of paragraph (a)(1)
to read as follows:

Sec.  222.12  Appeal to Administrator.

    (a)(1) * * * When an appeal or motion is referred to the
Administrator, all parties shall be so notified and the rules in this
section referring to the Environmental Appeals Board shall be
interpreted as referring to the Administrator.
* * * * *

PART 223--CONTENTS OF PERMITS; REVISION, REVOCATION OR LIMITATION
OF OCEAN DUMPING PERMITS UNDER SECTION 104(d) OF THE ACT

0
5. The authority citation for 40 CFR part 223 continues to read as
follows:

    Authority: Secs. 102, 104, 107, 108, Marine Protection Research,
and Sanctuaries Act of 1972, as amended (33 U.S.C. 1412, 1414, 1417,
1418).

0
6. Amend Sec.  223.4 by revising paragraph (d) to read as follows:

Sec.  223.4  Request for, scheduling and conduct of public hearing;
determination.

* * * * *
    (d) Presiding Officer. Any hearing convened pursuant to this part
shall be conducted by a Presiding Officer, who shall be either a
Regional Judicial Officer or a person having the qualifications of the
members of the Environmental Appeals Board (described in 40 CFR
1.25(e)) if assigned by the Administrator or the qualifications of a
Regional Judicial Officer if assigned by the Regional Administrator, as
appropriate. Such person shall be an attorney who is a permanent or
temporary employee of the Agency, who is not employed by the Region's
or Headquarters' enforcement offices, and who has had no connection
with the preparation or presentation of evidence for any hearing in
which he participates as Judicial Officer.
* * * * *

PART 224--RECORDS AND REPORTS REQUIRED OF OCEAN DUMPING PERMITTEES
UNDER SECTION 102 OF THE ACT

0
7. The authority citation for 40 CFR part 224 continues to read as
follows:

    Authority: 33 U.S.C. 1412 and 1418.

0
8. Amend Sec.  224.2 by revising paragraph (b) to read as follows:

Sec.  224.2  Reports.

* * * * *
    (b) Reports of emergency dumping. If material is dumped without a
permit pursuant to 40 CFR 220.1(c)(4), the owner or operator of the
vessel or aircraft from which such dumping occurs shall as soon as
feasible inform the Administrator, Regional Administrator, or the
nearest Coast Guard district of the incident by radio, telephone,
telegraph, or email and shall within 10 days file a written report with
the Administrator or Regional Administrator containing the information
required under Sec.  224.1 and a complete description of the
circumstances under which the dumping occurred. Such description shall
explain how human life at sea was in danger and how the emergency
dumping reduced that danger. If the material dumped included
containers, the vessel owner or operator shall immediately request the
U.S. Coast Guard to publish in the local Notice to Mariners the dumping
location, the type of containers, and whether the contents are toxic or
explosive. Notification shall also be given to the Food and Drug
Administration, Shellfish Sanitation Branch, 5001 Campus Dr., College
Park, MD 20740, as soon as possible.

PART 228--CRITERIA FOR THE MANAGEMENT OF DISPOSAL SITES FOR OCEAN
DUMPING

0
9. The authority citation for 40 CFR part 228 continues to read as
follows:

    Authority: 33 U.S.C. 1412 and 1418.
0
10. Amend Sec.  228.6 by revising the first sentence of paragraph (b)
to read as follows:

Sec.  228.6  Specific criteria for site selection.

* * * * *
    (b) The results of a disposal site evaluation and/or designation
study based on the criteria stated in paragraphs (a)(1) through (11) of
this section will be presented in support of the site designation
promulgation as an environmental assessment of the impact of the use of
the site for disposal, and will be used in preparation of environmental
impact statement for each site where such a statement is required by
EPA policy. * * *

0
11. Amend Sec.  228.15 by:
0
a. Revising paragraphs (a)(3), (d)(1)(i), (d)(2)(i), (d)(3)(i),
(d)(4)(i), (d)(5)(i), (d)(7)(i), (d)(8)(i), (d)(9)(i), (d)(10)(i),
(d)(11)(i), (d)(12)(i), (d)(13)(i), (d)(14)(i), (h)(1)(i), (h)(2)(i),
(h)(3)(i), (h)(6)(i), (h)(7)(i), (h)(8)(i), (h)(11)(i) and (vi),
(h)(12)(i), (h)(14)(i), and (h)(15)(i);
0
b. Removing the undesignated paragraph following paragraph (h)(15)(i);
0
c. Revising paragraphs (h)(16)(i), (h)(17)(i), and (h)(19)(i);
0
d. Removing the undesignated paragraph following paragraph (h)(19)(i);
0
e. Revising paragraphs (h)(20)(i), (j)(3)(i), (j)(5)(i), (j)(6)(i),
(j)(7)(i), (j)(8)(i), (j)(9)(i), (j)(10)(i), (j)(11)(i), (j)(12)(i),
(j)(13)(i), (j)(14)(i), (j)(15)(i), (j)(16)(i), (j)(17)(i), (j)(18)(i),
(j)(19)(i), (j)(20)(i), (j)(21) introductory text, (j)(21)(i),
(l)(3)(ii), (l)(4)(i), (m)(1)(i), (n)(2)(i), (n)(4)(i), and (n)(5)(i);
0
d. Removing the undesignated paragraph following paragraph (n)(5)(i);
0
e. Revising paragraphs (n)(11)(i), (n)(12)(i), and (n)(13)(i).
    The revisions read as follows:

Sec.  228.15  Dumping sites designated on a final basis.

    (a) * * *
    (3) Unless otherwise specifically noted, all ocean dumping site
coordinates are based upon the North American Datum of 1983 (NAD83).
Further, note that the coordinates for each ocean disposal site may
include either sexagesimal units (degrees, minutes, seconds) or decimal
units (degrees, decimal minutes).
* * * * *
    (d) * * *
    (1) * * *
    (i) Location: 40[deg]36'49'' N, 73[deg]23'50'' W; 40[deg]37'12'' N,
73[deg]21'30'' W; 40[deg]36'41'' N, 73[deg]21'20'' W; 40[deg]36'10'' N,
3[deg]23'40'' W (NAD27).
* * * * *
    (2) * * *
    (i) Location: 40[deg]34'32'' N, 73[deg]39'14'' W; 40[deg]34'32'' N,
73[deg]37'06'' W; 40[deg]33'48'' N, 73[deg]37'06'' W; 40[deg]33'48'' N,
73[deg]39'14'' W (NAD27).
* * * * *
    (3) * * *
    (i) Location: 40[deg]34'36'' N, 73[deg]49'00'' W; 40[deg]35'06'' N,
73[deg]47'06'' W; 40[deg]34'10'' N, 73[deg]48'06'' W; 40[deg]34'12'' N,
73[deg]47'17'' W (NAD27).
* * * * *
    (4) * * *
    (i) Location: 40[deg]32'30'' N, 73[deg]55'00'' W; 40[deg]32'30'' N,
73[deg]54'00W''; 40[deg]32'00'' N, 73[deg]54'00'' W; 40[deg]32'00'' N,
73[deg]55'00'' W (NAD27).
* * * * *
    (5) * * *
    (i) Location: 40[deg]12'48'' N, 73[deg]59'45'' W; 40[deg]12'44'' N,
73[deg]59'06'' W; 40[deg]11'36'' N, 73[deg]59'28'' W; 40[deg]11'42'' N,
74[deg]00'12'' W (NAD27).
* * * * *
    (7) * * *
    (i) Location: 40[deg]06'36'' N, 74[deg]01'34'' W; 40[deg]06'19'' N,
74[deg]01'39'' W; 40[deg]06'18'' N, 74[deg]01'53'' W; 40[deg]06'41'' N,
74[deg]01'51'' W (NAD27).
* * * * *
    (8) * * *
    (i) Location: 39[deg]20'39'' N, 74[deg]18'43'' W; 39[deg]20'30'' N,
74[deg]18'25'' W; 39[deg]20'03'' N, 74[deg]18'43'' W; 39[deg]20'12'' N,
74[deg]19'01'' W (NAD27).
* * * * *
    (9) * * *
    (i) Location: 38[deg]55'52'' N, 74[deg]53'04'' W; 38[deg]55'37'' N,
74[deg]52'55'' W; 38[deg]55'23'' N, 74[deg]53'27'' W; 38[deg]55'36'' N,
74[deg]53'36'' W (NAD27).
* * * * *
    (10) * * *
    (i) Location: 18[deg]30'10'' N, 66[deg]09'31'' W; 18[deg]30'10'' N,
66[deg]08'29'' W; 18[deg]31'10'' N, 66[deg]08'29'' W; 18[deg]31'10'' N,
66[deg]09'31'' W (NAD27).
* * * * *
    (11) * * *
    (i) Location: 18[deg]31'00'' N, 66[deg]43'47'' W; 18[deg]31'00'' N,
66[deg]42'45'' W; 18[deg]30'00'' N, 66[deg]42'45'' W; 18[deg]30'00'' N,
66[deg]43'47'' W (NAD27).
* * * * *
    (12) * * *
    (i) Location: 18[deg]15'30'' N, 67[deg]16'13'' W; 18[deg]15'30'' N,
67[deg]15'11'' W; 18[deg]14'30'' N, 67[deg]15'11'' W; 18[deg]14'30'' N,
67[deg]16'13'' W (NAD27).
* * * * *
    (13) * * *
    (i) Location: 17[deg]54'00'' N, 66[deg]37'43'' W; 17[deg]54'00'' N,
66[deg]36'41'' W; 17[deg]53'00'' N, 66[deg]36'41'' W; 17[deg]53'00'' N,
66[deg]37'43'' W (NAD27).
* * * * *
    (14) * * *
    (i) Location: 18[deg]03'42'' N, 65[deg]42'49'' W; 18[deg]03'42'' N,
65[deg]41'47'' W; 18[deg]02'42'' N, 65[deg]41'47'' W; 18[deg]02'42'' N,
65[deg]42'49'' W (NAD27).
* * * * *
    (h) * * *
    (1) * * *
    (i) Location: 34[deg]38'30'' N, 76[deg]45'00'' W; 34[deg]38'30'' N,
76[deg]41'42'' W; 34[deg]38'09'' N, 76[deg]41'00'' W; 34[deg]36'00'' N,
76[deg]41'00'' W; 34[deg]36'00'' N, 76[deg]45'00'' W (NAD27).
* * * * *
    (2) * * *
    (i) Location: 33[deg]49'30'' N, 78[deg]03'06'' W; 33[deg]48'18'' N,
78[deg]01'39'' W; 33[deg]47'19'' N, 78[deg]02'48'' W; 33[deg]48'30'' N,
78[deg]04'16'' W (NAD27).
* * * * *
    (3) * * *
    (i) Location: 33[deg]11'18'' N, 79[deg]07'20'' W; 33[deg]11'18'' N,
79[deg]05'23'' W; 33[deg]10'38'' N, 79[deg]05'24'' W; 33[deg]10'38'' N,
79[deg]07'21'' W (NAD27).
* * * * *
    (6) * * *
    (i) Location: 31[deg]55'53'' N, 80[deg]44'20'' W; 31[deg]57'55'' N,
80[deg]46'48'' W; 31[deg]57'55''

N, 80[deg]44'20'' W; 31[deg]55'53'' N, 80[deg]46'48'' W (NAD27).
* * * * *
    (7) * * *
    (i) Location: 31[deg]02'35'' N, 81[deg]17'40'' W; 31[deg]02'35'' N,
81[deg]16'30'' W; 31[deg]00'30'' N, 81[deg]16'30'' W; 31[deg]00'30'' N,
81[deg]17'42'' W (NAD27).
* * * * *
    (8) * * *
    (i) Location: 30[deg]33'00'' N, 81[deg]16'52'' W; 30[deg]31'00'' N,
81[deg]16'52'' W; 30[deg]31'00'' N, 81[deg]19'08'' W; 30[deg]33'00'' N,
81[deg]19'08'' W (NAD27).
* * * * *
    (11) * * *
    (i) Location: 27[deg]28'00'' N, 80[deg]12'33'' W; 27[deg]28'00'' N,
80[deg]11'27'' W; 27[deg]27'00'' N, 80[deg]11'27'' W; and
27[deg]27'00'' N, 80[deg]12'33'' W (NAD27).
* * * * *
    (vi) Restrictions: Disposal shall be limited to suitable dredged
material from the greater Fort Pierce Harbor vicinity. All dredged
material consisting of greater than 10% fine grained material (grain
size of less than 0.047mm) by weight shall be limited to that part of
the site east of 80[deg]12'00'' W and south of 27[deg]27'20'' N
(NAD27).
* * * * *
    (12) * * *
    (i) Location: 30[deg]17'24'' N, 87[deg]18'30'' W; 30[deg]17'00'' N,
87[deg]19'50'' W; 30[deg]15'36'' N, 87[deg]17'48'' W; 30[deg]15'15'' N,
87[deg]19'18'' W (NAD27).
* * * * *
    (14) * * *
    (i) Location: 30[deg]10'00'' N, 88[deg]07'42'' W; 30[deg]10'24'' N,
88[deg]05'12'' W; 30[deg]09'24'' N, 88[deg]04'42'' W; 30[deg]08'30'' N,
88[deg]05'12'' W; 30[deg]08'30'' N, 88[deg]08'12'' W (NAD27).
* * * * *
    (15) * * *
    (i) Location: 30[deg]12'06'' N, 88[deg]44'30'' W; 30[deg]11'42'' N,
88[deg]33'24'' W; 30[deg]08'30'' N, 88[deg]37'00'' W; and
30[deg]08'18'' N, 88[deg]41'54'' W Center coordinates: 30[deg]10'09''
N, 88[deg]39'12'' W (NAD27).
* * * * *
    (16) * * *
    (i) Location: 30[deg]11'10'' N, 88[deg]58'24'' W; 30[deg]11'12'' N,
88[deg]57'30'' W; 30[deg]07'36'' N, 88[deg]54'24'' W; 30[deg]07'24'' N,
88[deg]54'48'' W (NAD27).
* * * * *
    (17) * * *
    (i) Location: 30[deg]12'00'' N, 89[deg]00'30'' W; 30[deg]12'00'' N,
88[deg]59'30'' W; 30[deg]11'00'' N, 89[deg]00'00'' W; 30[deg]07'00'' N,
88[deg]56'30'' W; 30[deg]06'36'' N, 88[deg]57'00'' W; 30[deg]10'30'' N,
89[deg]00'36'' W (NAD27).
* * * * *
    (19) * * *
    (i) Location: 25[deg]45'30'' N; 80[deg]03'54'' W; 25[deg]45'30'' N;
80[deg]02'50'' W; 25[deg]44'30'' N; 80[deg]03'54'' W; 25[deg]44'30'' N;
80[deg]02'50'' W (NAD27). Center coordinates are 25[deg]45'00'' N and
80[deg]03'22'' W (NAD27).
* * * * *
    (20) * * *
    (i) Location: 33[deg]46' N, 78[deg]02.5' W; 33[deg]46' N,
78[deg]01' W; 33[deg]41' N, 78[deg]01' W; 33[deg]41' N, 78[deg]04' W
(NAD27).
* * * * *
    (j) * * *
    (3) * * *
    (i) Location: 29[deg]16'10'' N, 89[deg]56'20'' W; 29[deg]14'19'' N,
89[deg]53'16'' W; 29[deg]14'00'' N, 89[deg]53'36'' W; 29[deg]16'29'' N,
89[deg]55'59'' W (NAD27).
* * * * *
    (5) * * *
    (i) Location: 29[deg]45'39'' N, 93[deg]19'36'' W; 29[deg]42'42'' N,
93[deg]19'06'' W; 29[deg]42'36'' N, 93[deg]19'48'' W; 29[deg]44'42'' N,
93[deg]20'12'' W; 29[deg]44'42'' N, 93[deg]20'24'' W; 29[deg]45'27'' N,
93[deg]20'33'' W (NAD27).
* * * * *
    (6) * * *
    (i) Location: 29[deg]44'31'' N, 93[deg]20'43'' W; 29[deg]39'45'' N,
93[deg]19'56'' W; 29[deg]39'34'' N, 93[deg]20'46'' W; 29[deg]44'25'' N,
93[deg]21'33'' W (NAD27).
    (7) * * *
    (i) Location: 29[deg]37'50'' N, 93[deg]19'37'' W; 29[deg]37'25'' N,
93[deg]19'33'' W; 29[deg]33'55'' N, 93[deg]16'23'' W; 29[deg]33'49'' N,
93[deg]16'25'' W; 29[deg]30'59'' N, 93[deg]13'51'' W; 29[deg]29'10'' N,
93[deg]13'49'' W; 29[deg]29'05'' N, 93[deg]14'23'' W; 29[deg]30'49'' N,
93[deg]14'25'' W; 29[deg]37'26'' N, 93[deg]20'24'' W; 29[deg]37'44'' N,
93[deg]20'27'' W (NAD27).
* * * * *
    (8) * * *
    (i) Location: 29[deg]28'03'' N, 93[deg]41'14'' W; 29[deg]26'11'' N,
93[deg]41'14'' W; 29[deg]26'11'' N, 93[deg]44'11'' W (NAD27).
* * * * *
    (9) * * *
    (i) Location: 29[deg]30'41'' N, 93[deg]43'49'' W; 29[deg]28'42'' N,
93[deg]41'33'' W; 29[deg]28'42'' N, 93[deg]44'49'' W; 29[deg]30'08'' N,
93[deg]46'27'' W (NAD27).
* * * * *
    (10) * * *
    (i) Location: 29[deg]34'24'' N, 93[deg]48'13'' W; 29[deg]32'47'' N,
93[deg]46'16'' W; 29[deg]32'06'' N, 93[deg]46'29'' W; 29[deg]31'42'' N,
93[deg]48'16'' W; 29[deg]32'59'' N, 93[deg]49'48'' W (NAD27).
* * * * *
    (11) * * *
    (i) Location: 29[deg]38'09'' N, 93[deg]49'23'' W; 29[deg]35'53'' N,
93[deg]48'18'' W; 29[deg]35'06'' N, 93[deg]50'24'' W; 29[deg]36'37'' N,
93[deg]51'09'' W; 29[deg]37'00'' N, 93[deg]50'06'' W; 29[deg]37'46'' N,
93[deg]50'26'' W (NAD27).
* * * * *
    (12) * * *
    (i) Location: 29[deg]18'00'' N, 94[deg]39'30'' W; 29[deg]15'54'' N,
94[deg]37'06'' W; 29[deg]14'24'' N, 94[deg]38'42'' W; 29[deg]16'54'' N,
94[deg]41'30'' W (NAD27).
* * * * *
    (13) * * *
    (i) Location: 28[deg]50''51'' N, 95[deg]13'54'' W; 28[deg]51'44''
N, 95[deg]14'49'' W; 28[deg]50'15'' N, 95[deg]16'40'' W; 28[deg]49'22''
N, 95[deg]15'45'' W (NAD27).
* * * * *
    (14) * * *
    (i) Location: 28[deg]54'00'' N, 95[deg]15'49'' W; 28[deg]53'28'' N,
95[deg]15'16'' W; 28[deg]52'00'' N, 95[deg]16'59'' W; 28[deg]52'32'' N,
95[deg]17'32'' W (NAD27).
* * * * *
    (15) * * *
    (i) Location: 28[deg]23'48'' N, 96[deg]18'00'' W; 28[deg]23'21'' N,
96[deg]18'31'' W; 28[deg]22'43'' N, 96[deg]17'52'' W; 28[deg]23'11'' N,
96[deg]17'22'' W (NAD27).
* * * * *
    (16) * * *
    (i) Location: 27[deg]47'42'' N, 97[deg]00'12'' W; 27[deg]47'15'' N,
96[deg]59'25'' W; 27[deg]46'17'' N, 97[deg]01'12'' W; 27[deg]45'49'' N,
97[deg]00'25'' W (NAD27).
* * * * *
    (17) * * *
    (i) Location: 27[deg]49'10'' N, 97[deg]01'09'' W; 27[deg]48'42'' N,
97[deg]00'21'' W; 27[deg]48'06'' N, 97[deg]00'48'' W; 27[deg]48'33'' N,
97[deg]01'36'' W (NAD27).
* * * * *
    (18) * * *
    (i) Location: 26[deg]34'24'' N, 97[deg]15'15'' W; 26[deg]34'26'' N,
97[deg]14'17'' W; 26[deg]33'57'' N, 97[deg]14'17'' W; 26[deg]33'55'' N,
97[deg]15'15'' W (NAD27).
* * * * *
    (19) * * *
    (i) Location: 26[deg]04'32'' N, 97[deg]07'26'' W; 26[deg]04'32'' N,
97[deg]06'30'' W; 26[deg]04'02'' N, 97[deg]06'30'' W; 26[deg]04'02'' N,
97[deg]07'26'' W (NAD27).
* * * * *
    (20) * * *
    (i) Location: 26[deg]04'47'' N, 97[deg]05'07'' W; 26[deg]05'16'' N,
97[deg]05'04'' W; 26[deg]05'10'' N, 97[deg]04'06'' W; 26[deg]04'42'' N,
97[deg]04'09'' W (NAD27).
* * * * *
    (21) Atchafalaya River and Bayous Chene, Boeuf, and Black, LA
(ODMDS--East).
    (i) Location: 29[deg]20'59.92'' N, 91[deg]23'33.23'' W;
29[deg]20'43.94'' N, 91[deg]23'09.73'' W; 29[deg]08'15.46'' N,
91[deg]34'51.02'' W, and 29[deg]07'59.43'' N, 91[deg]34'27.51'' W
* * * * *
    (l) * * *
    (3) * * *
    (ii) Size: 7.85 square nautical miles (27 square kilometers).
* * * * *
    (4) * * *
    (i) Location: 37[deg]44'55'' N, 122[deg]37'18'' W; 37[deg]45'45''
N, 122[deg]34'24'' W; 37[deg]44'24'' N, 122[deg]37'06'' W;
37[deg]45'15'' N, 122[deg]34'12'' W (NAD27).
* * * * *

    (m) * * *
    (1) * * *
    (i) Location: 14[deg]24.00' S., 170[deg]38.30' W (NAD27) with a 1.5
nautical mile radius.
* * * * *
    (n) * * *
    (2) * * *
    (i) Location: 43[deg]21'59'' N, 124[deg]22'45'' W;43[deg]21'48'' N,
124[deg]21'59'' W; 43[deg]21'35'' N, 124[deg]22'05'' W; 43[deg]21'46''
N, 124[deg]22'51'' W (NAD27).
* * * * *
    (4) * * *
    (i) Location: 43[deg]23'53'' N, 124[deg]22'48'' W; 43[deg]23'42''
N, 124[deg]23'01'' W; 43[deg]24'16'' N, 124[deg]23'26'' W;
43[deg]24'05'' N, 124[deg]23'38'' W (NAD27).
* * * * *
    (5) * * *
    (i) Location: 43[deg]08'26'' N, 124[deg]26'44'' W; 43[deg]08'03''
N, 124[deg]26'08'' W; 43[deg]08'13'' N, 124[deg]27'00'' W;
43[deg]07'50'' N, 124[deg]26'23'' W Centroid: 43[deg]08'08'' N,
124[deg]26'34'' W (NAD27).
* * * * *
    (11) * * *
    (i) Location: 46[deg]52.94' N, 124[deg]13.81' W; 46[deg]52.17' N,
124[deg]12.96' W; 46[deg]51.15' N, 124[deg]14.19' W; 46[deg]51.92' N,
124[deg]14.95' W (NAD27).
* * * * *
    (12) * * *
    (i) Location: 64[deg]29'54'' N, 165[deg]24'41'' W; 64[deg]29'45''
N, 165[deg]23'27'' W; 64[deg]28'57'' N, 165[deg]23'29'' W;
64[deg]29'07'' N, 165[deg]24'25''. (NAD27).
* * * * *
    (13) * * *
    (i) Location: 64[deg]30'04'' N, 165[deg]25'52'' W; 64[deg]29'18''
N, 165[deg]26'04'' W; 64[deg]29'13'' N, 165[deg]25'22'' W;
64[deg]29'54'' N, 165[deg]24'45'' W (NAD27).
* * * * *

PART 229--GENERAL PERMITS

0
11. The authority citation for 40 CFR part 229 continues to read as
follows

    Authority: 33 U.S.C. 1412 and 1418.

0
12. Amend Sec.  229.3 by revising paragraph (a)(9) and adding a
reserved paragraph (b) to read as follows:

Sec.  229.3  Transportation and disposal of vessels.

    (a) * * *
    (9) The National Ocean Service, NOAA, Nautical Data Branch, N/CS26,
Station 7308, 1315 East-West Highway, Silver Spring, MD 20910, shall be
notified in writing, within one week, of the exact coordinates of the
disposal site so that it may be marked on appropriate charts.
    (b) [Reserved]

[FR Doc. 2019-13493 Filed 7-1-19; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 110 (Monday, June 9, 2014)]
[Notices]
[Pages 32973-32974]
[FR Doc No: 2014-13297]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2014-0002; Internal Agency Docket No. FEMA-B-1322]

Proposed Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice; correction.

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

SUMMARY: On June 17, 2013, the Federal Emergency Management Agency
(FEMA) published in the Federal Register a proposed flood hazard
determination notice that included information for the City of North
Beach in the table title ``Calvert County, Maryland, and Incorporated
Areas''. This notice provides corrections to be used in lieu of the
information published for the City of North Beach in that table at 78
FR 36221.

DATES: Comments are to be submitted on or before July 9, 2014.

ADDRESSES: You may submit comments, identified by Docket No. FEMA-B-
1322, to Luis Rodriguez, Chief, Engineering Management Branch, Federal
Insurance and Mitigation Administration, Federal Emergency Management
Agency, 500 C Street SW., Washington, DC 20472,<PHONE_NUMBER> or
(email<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
Federal Emergency Management Agency, 500 C Street SW., Washington, DC
20472,<PHONE_NUMBER> or (email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: FEMA proposes to make flood hazard
determinations in accordance with Section 110 of the Flood Disaster
Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR 67.4(a).
    These proposed flood hazard determinations, together with the
floodplain management criteria required by 44 CFR 60.3, are the minimum
that are required. They should not be construed to mean that the
community must change any existing ordinances that are more stringent
in their floodplain management requirements. The community may at any
time enact stricter requirements of its own, or pursuant to policies
established by other Federal, State, or regional entities. These flood
hazard determinations are used to meet the floodplain management
requirements of the NFIP

and are also used to calculate the appropriate flood insurance premium
rates for new buildings built after the FIRM and FIS report become
effective.

Correction

    In the proposed flood hazard determination notice published at 78
FR 36221, in the June 17, 2013, issue of the Federal Register, FEMA
published a table titled ``Calvert County, Maryland, and Incorporated
Areas''. This table included the City of North Beach as one of the
communities for which flood hazard changes were being proposed.
Following publication in the Federal Register, FEMA learned that the
official designation for this community had been changed and the
community is now identified as the Town of North Beach. This correction
notice provides notification of the change in designation for this
community. The official designation of the community provided by this
correction notice should be used in lieu of that previously published.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: May 9, 2014.
Roy E. Wright,
Deputy Associate Administrator for Mitigation, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. 2014-13297 Filed 6-6-14; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 82, Number 134 (Friday, July 14, 2017)]
[Notices]
[Pages 32540-32541]
[FR Doc No: 2017-14817]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP17-467-000]

Columbia Gas Transmission, LLC: Notice of Request under Blanket
Authorization

    Take notice that on June 29, 2017, Columbia Gas Transmission, LLC
(Columbia), 700 Louisiana St., Suite 700, Houston, Texas 77002 filed a
prior notice request pursuant to sections 157.205 and 157.213(b) of the
Commission's regulations under the Natural Gas Act for authorization to
construct and operate two new storage wells at Columbia's Wellington
Storage Field located in Lorain and Medina Counties, Ohio.
Specifically, Columbia proposes to construct two new storage wells
(Wellington Storage Well 12599 and 12600) that will provide a combined
total of approximately 10 million cubic feet per day (MMcf/d) of
restored deliverability to the Columbia system. The proposed wells will
provide no change in the certificated physical parameters, including
maximum reservoir pressure, reservoir and buffer boundaries, and
certificated storage capacity, all as more fully set forth in the
application which is on file with the Commission and open to public
inspection. The filing may also be viewed on the web at http://www.ferc.gov using the ``eLibrary'' link. Enter the docket number
excluding the last three digits in the docket number field to access
the document. For assistance, contact FERC at
<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TTY,
(202) 502-8659. Any questions regarding this Application should be
directed to Robert D. Jackson, Manager, Certificates & Regulatory
Administration, Columbia Gas Transmission, LLC, 700 Louisiana Street,
Suite 700, Houston, Texas 77002, by phone<PHONE_NUMBER>, or by fax
(832) 320-6487, or by email at<EMAIL_ADDRESS>    Any person may, within 60 days after the issuance of the instant
notice by the Commission, file pursuant to Rule 214 of the Commission's
Procedural Rules (18 CFR 385.214) a motion to intervene or notice of
intervention. Any person filing to intervene or the Commission's staff
may, pursuant to section 157.205 of the Commission's Regulations under
the NGA (18 CFR 157.205) file a protest to the request. If no protest
is filed within the time allowed therefor, the proposed activity shall
be deemed to be authorized effective the day after the time allowed for
protest. If a protest is filed and not withdrawn within 30 days after
the time allowed for filing a protest, the instant request shall be
treated as an application for authorization pursuant to section 7 of
the NGA.
    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and state agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commenters will be
placed on the Commission's environmental mailing list, will receive

copies of the environmental documents, and will be notified of meetings
associated with he Commission's environmental review process.
Environmental commenters will not be required to serve copies of filed
documents on all other parties. However, the non-party commentary, will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests, and interventions via the internet in lieu of paper. See 18
CFR 385.2001(a) (1) (iii) and the instructions on the Commission's Web
site (www.ferc.gov) under the ``e-Filing'' link. Persons unable to file
electronically should submit original and 5 copies of the protest or
intervention to the Federal Energy Regulatory Commission, 888 First
Street NE., Washington, DC 20426.

     Dated: July 10, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-14817 Filed 7-13-17; 8:45 am]
BILLING CODE 6717-01-P