[Federal Register: March 17, 2009 (Volume 74, Number 50)]
[Notices]
[Page 11385-11386]
[DOCID:fr17mr09-67]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59558; File No. SR-FICC-2009-04]

Self-Regulatory Organizations; Fixed Income Clearing Corporation;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Add Debt Securities That Are Issued Under the Debt Guarantee Program
Component of the Federal Deposit Insurance Corporation's Temporary
Liquidity Guarantee Program to the GCF Repo Service

March 11, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ notice is hereby given that on February 25, 2009, the
Fixed Income Clearing Corporation (``FICC'') filed with the Securities
and Exchange Commission (``Commission'') the proposed rule change
described in Items I, II, and III below, which items have been prepared
primarily by FICC. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested parties.
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    \1\ 15 U.S.C. 78s(b)(1).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The purpose of the proposed rule change is to add debt securities
that are issued under the Debt Guarantee Program component of the
Federal Deposit Insurance Corporation's (``FDIC's'') Temporary
Liquidity Guarantee Program (``TLGP'') to FICC's GCF Repo service.\2\
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    \2\ This filing pertains only to the GCF Repo service and does
not propose to add the FDIC-guaranteed securities to the GSD's
Delivery Versus Payment (``DVP'') service.
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II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, FICC included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. FICC has prepared summaries, set forth in sections (A),
(B), and (C) below, of the most significant aspects of these
statements.\3\
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    \3\ The Commission has modified the text of the summaries
prepared by FICC.
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(A) Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    The GCF Repo service allows Government Securities Division
(``GSD'') dealer members to trade general collateral repurchase
agreements (``repos'') throughout the day without requiring intraday,
trade-for-trade settlement on a DVP basis. The service allows the
dealers to trade such general collateral repos, based on rate and term,
throughout the day with interdealer broker netting members on a blind
basis. Standardized, generic CUSIP numbers have been established
exclusively for GCF Repo processing and are used to specify the
acceptable type of underlying eligible collateral.
    FICC is proposing to add an additional collateral type to the GCF
Repo service. Specifically, FICC proposes to add debt securities that
are issued under the Debt Guarantee Program component of FDIC's TLGP to
the GCF Repo service. These securities are DTC-eligible securities.\4\
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    \4\ The present rule filing applies only to these specific FDIC-
insured securities. In the future, if FICC determines to add
additional DTC-eligible securities to the GCF Repo service, FICC
would submit a proposed rule change filing to the Commission for
this purpose.
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    The TLGP, one of the steps taken by the U.S. Government to
stabilize the credit markets and to stimulate lending, was designed to
allow banks to issue FDIC-insured debt to ensure that the banks would
be able to roll over any debt coming due in the coming months. The
guarantee consists of timely payment of principal and interest. The
expiration of the FDIC's guarantee is the earlier of either the
maturity date of the issued debt or June 2012.
    The Financial Industry Regulatory Authority (``FINRA'') has
recently advised the Securities Industry and Financial Markets
Association (``SIFMA'') on the capital charge treatment that FINRA
plans to employ with respect to the guaranteed debt securities that are
issued by an affiliate of a broker-dealer and that are held in
inventory by the broker-dealer. Specifically, FINRA has stated that
broker-dealers that may be allocated the FDIC-guaranteed debt
securities issued by affiliated entities as part of the GCF Repo
service will not need to take a 100 percent capital charge on the
reverse repo contract because they have no control over the collateral
allocated by FICC and because the allocated collateral is returned the
next morning. Given this favorable treatment, members of SIFMA that are
active in the GCF Repo service have requested that FICC add the FDIC-
guaranteed debt securities to the service.
    All current GCF Repo processing will remain unchanged. The fact
that the product is a DTC-eligible security will not affect GCF Repo
processing.\5\ FICC has determined that with respect to its risk
management processes, the FDIC-insured securities will be treated the
same as all other GCF Repo-eligible collateral.
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    \5\ Specifically, if a GCF Repo participant engages in a trade
using the new GCF Repo CUSIP, the participant will need to pledge
the security free of payment to its clearing bank using the
mechanism available at DTC. Once the security is pledged to the
dealer's clearing bank, it is available for tri-party or GCF Repo
processing. No additional processing is being introduced to the GCF
Repo service by this rule filing. The present filing does not
require a change to the text of the rules of GSD.
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    FICC believes that the proposed rule change is consistent with the
requirements of Section 17A of the Act \6\ and the rules and
regulations thereunder applicable to FICC because the proposed rule
change enables FICC to expand an important service that provides
members with a continuing ability to engage in general collateral
trading activity in a safe and efficient manner. As such, the proposed
rule filing facilitates the prompt and accurate clearance and
settlement of securities transactions.
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    \6\ 15 U.S.C. 78q-1.
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(B) Self-Regulatory Organization's Statement on Burden on Competition

    FICC does not believe that the proposed rule change will have any
impact on or impose any burden on competition.

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

    No written comments relating to the proposed rule change have been
solicited or received. FICC will notify the Commission of any written
comments received by FICC.

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

    The foregoing rule change has become effective upon filing pursuant
to Section 19(b)(3)(A)(iii) of the Act \7\ and Rule 19b-4(f)(4) \8\
thereunder because the proposed rule change effects a change in an
existing service of FICC that (i) does not adversely affect the
safeguarding of securities or funds in the custody or control of FICC
or for which it is responsible and (ii) does not

significantly affect the respective rights of the clearing agency or
persons using the service. At any time within sixty days of the filing
of such rule change, the Commission may summarily abrogate such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.
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    \7\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \8\ 17 CFR 240.19b-4(f)(4).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml) or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-FICC-2009-04 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-FICC-2009-04. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule changes that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Section, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of such filings also will be available for
inspection and copying at the principal office of FICC and on FICC's
Web site at http://www.dtcc.com/legal/rule_filings/ficc/2009.php. 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-FICC-2009-04 and should be
submitted on or before April 7, 2009.

    For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\9\
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    \9\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-5687 Filed 3-16-09; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register: July 17, 2006 (Volume 71, Number 136)]
[Notices]
[Page 40500-40501]
[DOCID:fr17jy06-56]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Application Accepted for Filing and Soliciting Motions
To Intervene, Protests, and Comments

July 10, 2006.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Application: Preliminary Permit.
    b. Project No.: 12705-000.
    c. Date filed: June 28, 2006.
    d. Applicant: Alaska Tidal Energy Company.
    e. Name of Project: Central Cook Inlet Tidal Energy Project.
    f. Location: The project would be located on the central part of
Cook Inlet in Kenai Peninsula, Alaska.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contacts: Joseph A. Cannon, Pillsbury Winthrop Shaw
Pittman LLP, 2300 N Street, NW., Washington, DC 20037, phone: (202)
663-8000, and Charles B. Cooper, TRC Environmental, Boott Mills South,
116 John St., Lowell, MA 01852, phone:<PHONE_NUMBER>.
    i. FERC Contact: Robert Bell,<PHONE_NUMBER>.
    j. Deadline for filing comments, protests, and motions to
intervene: 60 days from the issuance date of this notice.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person in the official service list for the
project. Further, if an intervenor files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency.
    k. Description of Project: The proposed project would consist of:
(1) 50 to 500 Tidal In Stream Energy Conversion (TISEC) devices
consisting of rotating propeller blades, (2) integrated generators with
a capacity of 0.5 to 2.0 MW each, (3) anchoring systems, (4) mooring
lines, (5) interconnection transmission lines, and (6) appurtenant
facilities. The project is estimated to have an annual generation of
8.76 gigawatt-hours per-unit per-year, which would be sold to a local
utility.
    l. Locations of Applications: A copy of the application is
available for inspection and reproduction at the Commission in the
Public Reference Room, located at 888 First Street, NE., Room 2A,
Washington, DC 20426, or by calling<PHONE_NUMBER>. This filing may
also be viewed on the Commission's Web site 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, call toll-free 1-866-208-3676 or e-mail
<EMAIL_ADDRESS>For TTY, call<PHONE_NUMBER>. A copy is

also available for inspection and reproduction at the address in item h
above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Competing Preliminary Permit--Anyone desiring to file a
competing application for preliminary permit for a proposed project
must submit the competing application itself, or a notice of intent to
file such an application, to the Commission on or before the specified
comment date for the particular application (see 18 CFR 4.36).
Submission of a timely notice of intent allows an interested person to
file the competing preliminary permit application no later than 30 days
after the specified comment date for the particular application. A
competing

preliminary permit application must conform with 18 CFR 4.30(b) and
4.36.
    o. Competing Development Application--Any qualified development
applicant desiring to file a competing development application must
submit to the Commission, on or before a specified comment date for the
particular application, either a competing development application or a
notice of intent to file such an application. Submission of a timely
notice of intent to file a development application allows an interested
person to file the competing application no later than 120 days after
the specified comment date for the particular application. A competing
license application must conform with 18 CFR 4.30(b) and 4.36.
    p. Notice of Intent--A notice of intent must specify the exact
name, business address, and telephone number of the prospective
applicant, and must include an unequivocal statement of intent to
submit, if such an application may be filed, either a preliminary
permit application or a development application (specify which type of
application). A notice of intent must be served on the applicant(s)
named in this public notice.
    q. Proposed Scope of Studies under Permit--A preliminary permit, if
issued, does not authorize construction. The term of the proposed
preliminary permit would be 36 months. The work proposed under the
preliminary permit would include economic analysis, preparation of
preliminary engineering plans, and a study of environmental impacts.
Based on the results of these studies, the Applicant would decide
whether to proceed with the preparation of a development application to
construct and operate the project.
    r. Comments, Protests, or Motions to Intervene--Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    Comments, protests and interventions may be filed electronically
via the Internet in lieu of paper; See 18 CFR 385.2001(a)(1)(iii) and
the instructions on the Commission's Web site under ``e-filing'' link.
The Commission strongly encourages electronic filing.
    s. Filing and Service of Responsive Documents--Any filings must
bear in all capital letters the title ``COMMENTS'', ``RECOMMENDATIONS
FOR TERMS AND CONDITIONS'', ``PROTEST'', ``COMPETING APPLICATION'' OR
``MOTION TO INTERVENE'', as applicable, and the Project Number of the
particular application to which the filing refers. Any of the above-
named documents must be filed by providing the original and the number
of copies provided by the Commission's regulations to: The Secretary,
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426. A copy of any motion to intervene must also be
served upon each representative of the Applicant specified in the
particular application.
    t. Agency Comments--Federal, State, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-11199 Filed 7-14-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 175 (Friday, September 9, 2016)]
[Notices]
[Pages 62504-62505]
[FR Doc No: 2016-21687]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2016-N-0001]

Blood Products Advisory Committee Advisory Committee; Notice of
Meeting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) announces a forthcoming
public advisory committee meeting of the Blood Products Advisory
Committee. The general function of the committee is to provide advice
and recommendations to the Agency on FDA's regulatory issues. The
meeting will be open to the public.

DATES: The meeting will be held on November 17, 2016, from 8 a.m. to
5:30 p.m. and on November 18, 2016, from 8:30 a.m. to 1 p.m.

ADDRESSES: FDA White Oak Campus, 10903 New Hampshire Ave., Building 31
Conference Center, the Great Room (Rm. 1503), Silver Spring, MD, 20993-
0002. Answers to commonly asked questions including information
regarding special accommodations due to a disability, visitor parking,
and transportation may be accessed at: http://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm408555.htm.

FOR FURTHER INFORMATION CONTACT: LCDR Bryan Emery or Joanne Lipkind,
Division of Scientific Advisors and Consultants, Center for Biologics
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Silver Spring, MD 20993-0002, Bldg. 71, Rm. 6132, at
240-402-8054<EMAIL_ADDRESS>and<PHONE_NUMBER>,
<EMAIL_ADDRESS>respectively, or FDA Advisory Committee
Information Line, 1-800-741-8138<PHONE_NUMBER> in the Washington, DC
area). A notice in the Federal Register about last minute modifications
that impact a previously announced advisory committee meeting cannot
always be published quickly enough to provide timely notice. Therefore,
you should always check the Agency's Web site at http://www.fda.gov/AdvisoryCommittees/default.htm and scroll down to the appropriate
advisory committee meeting link, or call the advisory committee
information line to learn about possible modifications before coming to
the meeting. For those unable to attend in person, the meeting will
also be available via Webcast. The Webcast will be available at the
following link for both days: https://collaboration.fda.gov/bpac1116/.

SUPPLEMENTARY INFORMATION:
    Agenda: On the morning of November 17, 2016, the Committee will
meet in open session to discuss strategies to manage iron deficiency
associated with blood donation. The Committee will also discuss
proposed procedures for assuring donor safety for collections of blood
from female donors with hemoglobin values of 12.0-12.4g/dL or a
hematocrit value between 36 and 38. In the afternoon, the Committee
will meet in open session to discuss adverse reactions related to blood
donation in teenage (16 to 18 years) donors, and the effectiveness of
several mitigation measures. On November 18, 2016, the Committee will
meet in open session to hear an informational session on Zika virus and
blood safety in the United States. Following the informational session,
the Committee will hear presentations on the following topics: (1) The
Transfusion Transmissible Infections Monitoring System; (2) a summary
of the FDA workshop on new methods to predict the immunogenicity of
therapeutic coagulation proteins; and (3) a summary of the FDA workshop
on preclinical evaluation of red blood cells for transfusion.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its Web site prior to the meeting, the
background material will be made publicly available at the location of
the advisory committee meeting, and the background material will be
posted on FDA's Web site after the meeting. Background material is
available at http://www.fda.gov/AdvisoryCommittees/Calendar/default.htm. Scroll down to the appropriate advisory committee meeting
link.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
Written submissions may be made to the contact person on or before
November 4, 2016. Oral presentations from the public will be scheduled
between approximately 11 a.m. to 11:45 a.m. and 4 p.m. to 4:30 p.m. on
November 17, 2016. Oral presentations from the public will also be
scheduled between approximately 10:30 a.m. and 11 a.m. and 12:30 p.m.
to 1 p.m. on November 18, 2016. Those individuals interested in making
formal oral presentations should notify the contact person and submit a
brief

statement of the general nature of the evidence or arguments they wish
to present, the names and addresses of proposed participants, and an
indication of the approximate time requested to make their presentation
on or before October 27, 2016. Time allotted for each presentation may
be limited. If the number of registrants requesting to speak is greater
than can be reasonably accommodated during the scheduled open public
hearing session, FDA may conduct a lottery to determine the speakers
for the scheduled open public hearing session. The contact person will
notify interested persons regarding their request to speak by October
28, 2016.
    Persons attending FDA's advisory committee meetings are advised
that the Agency is not responsible for providing access to electrical
outlets.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
disabilities. If you require accommodations due to a disability, please
contact Bryan Emery or Joanne Lipkind at least 7 days in advance of the
meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our Web site at http://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for procedures
on public conduct during advisory committee meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: September 2, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-21687 Filed 9-8-16; 8:45 am]
 BILLING CODE 4164-01-P


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on February 5, 2003

NOTICE OF ACTION TAKEN -- DOCKET OST 2002-11463

________________________________________________________________________
________________________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Applicant:  LINEAS AEREAS AZTECA, S.A. de C.V.
                    Date Filed:  January 7, 2003

Relief requested:  Exemption from 49 USC section 41301 to permit the
applicant to continue to conduct scheduled, combination service between
Mexico City, Mexico, and Laredo, Texas.

If renewal, date and citation of last action:  Febuary 5, 2002, in this
Docket.

Applicant representative(s):  Pierre Murphy,<PHONE_NUMBER>        DOT
analyst:  Allen F. Brown,<PHONE_NUMBER>

Responsive pleadings:  None.

	DISPOSITION

Action:  Approved.			       			                        Action date:
February 5, 2003

Effective dates of authority granted:  February 5, 2003, through
February 5, 2004.

Basis for approval:  United States-Mexico Air Transport Services
Agreement

Except to the extent exempted/waived, this authority is subject to the
terms, conditions, and limitations indicated: Standard exemption
conditions.

Special conditions/Remarks:

Action taken by:   Paul L. Gretch, Director

		      Office of International Aviation

________________________________________________________________________
_______________________________________________________

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) the applicant was qualified to perform its proposed
operations; (3) grant of the authority was consistent with the public
interest; and (4) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted/deferred/dismissed, we denied all requests in
the referenced Docket.  We may amend, modify, or revoke the authority
granted in this Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

http:/搯獭搮瑯朮癯⼯敲潰瑲⽳敲潰瑲彳癡慩楴湯愮灳


1 Memorandum July 11, 2005 Subject: Dietary Risk Assessment of 1,2 Benzthioazolin 3 one for Reregistration Eligibility Decision ( RED) Document To: Melba Morrow, Ph. D., Science Coordinator for Benzisothiazolin RED Antimicrobials Division ( 7510C)

From: A. Najm Shamim, Ph. D., Chemist Regulatory Management Branch II Antimicrobials Division ( 7510C)

Thru: Rebecca Miller, CRM, Regulatory Management Branch II Antimicrobials Division ( 7510C)

And Mark Hartman, Chief Regulatory Management Branch II Antimicrobials Division ( 7510C) 2 DIETARY EXPOSURE ASSESSMENT FOR 1,2 BENZIOSTHIAZOLIN 3 ONE EXECUTIVE SUMMARY:

1,2 Bemzisothiazolin 3 one as an active antimicrobials is used as: a slimicide in paper manufacturing, as a preservative coating on paper, as a preservative on paper adhesives, and as inorganic mineral slurries which become part of paper and paperboard products. All these uses my result in the indirect food contacts due to migration of the pesticide into food. For this reason the Agency has conducted a dietary risk assessment. Acute PAD and chronic PAD from all the uses listed are: 15. 57 % and 37.07 %. for adults and children respectively. The Agency does not have dietary concerns from uses of BIT as an active antimicrobial.

AD's label search has shown that 1,2 Benzisothiazolin 3 one has been cleared for use by US FDA with the conditions set forth under Title 21 of the Code of Federal Regulations ( 21CFR): 1. 21CFR 175.105 Components for adhesives 2. 21CFR 176.170 Components of paper and paperboard in contact with aqueous fatty foods 3. 21CFR 176.180 Components of paper and paper board in contact with dry food 4. 21CFR 176.300 Slimicide ( in the manufacture of paper and paperboard that contact food)

5. In addition, BIT has been exempted from tolerance under 40CFR 180.1001( d): Materials exempted from the requirements of a tolerance when used in accordance with good manufacturing practices ( GMP) as inert ( or occasionally active) ingredients in pesticide formulations applied in growing crops only. At use level of 10,000 ppm of Acticide BW 10 are allowed.

BIT's antimicrobials uses include: slimicide use in paper/ pulp, paper coatings, aqueous mineral slurries as a filler in paper, and paper adhesives. AD has, therefore, assessed the potential dietary exposure to such uses applying the FDA methodologies.

Label 67071 24 ( Acticide BW10) and other labels show that 1,2 Benzisothiazolin 3 one ( BIT) is used as paper coating up to 5 lbs per 1000 product. Same label shows that in aqueous mineral slurries, the maximum amount of BIT is 5 lbs per 1000 pounds of product. The concentration of BIT in the Acticide BW10 formulation is only 10% and is not used as a TGAI. We have used Acticide BW10 as a representative of various labels submitted to the Agency. Application rates on other labels do not appear to exceed the rates used in our calculations. 3 Dietary Exposures and Risks From BIT uses as Indirect Food Additives.

FDA1,2,3 Method makes a number of assumptions for calculating migration of active ( in this case BIT) from food contact surfaces ( paper): 1. Food contact surface ( paper) can be a one time use/ day or a repeat use material; 2. Consumption factor ( CF) or fraction of daily food which comes in to contact with the packaging surface ( paper). CF represents the actual weight of food that comes into contact with the paper to the weight of all food packaged with paper; 3. The CF varies from one type of packaging ( type of paper) to the other ( type of paper). FDA methodology of migration of active assumes a 100% migration to the food commodities ( This represents a worst case scenario).

I Data Input Parameters for BIT Used as Paper Slimicide 1. Rate of Application of Active: Maximum of 1 lbs BIT/ ton of paper ( = 0.5 kg/ 1000 kg of paper) 2. Paper slurry: Prior to entering paper manufacturing machine: 1% ( 99% water and 1% pulp). This is an FDA assumption 3. Concentration of Slurries Entering Driers: 33% pulp and 67% water ( FDA Assumption) 4. Standard Paper Weight: 50 mg/ in2 ( FDA Assumption) 5. Finished Paper: 8% water and 92% pulp ( RASSB Memo by Bob Quick, based on FDA Assumption) 4 6. Mass of Food in Contact with Surface Area of Treated Paper: 10 g/ in2 ( FDA Assumption) 7. Consumption Factor ( CF) for Treated Paper ). 10 ( FDA Assumption) 8. Daily Average Food Intake ( Adult) = 3000 g 9. Daily Average Food Intake ( Child) = 1500 g Calculations:

a. As the active is only 10%, from parameters 1 & 2 above, 1 lb/ ton paper = 200,000 lb slurry x 1% paper slurry = 1 lb/ 2000 lbs of finished paper = 5 ppm of active in the paper slurry. ( This is derived from FDA assumption). b. From in put parameter 3, the concentration of the active ( BIT) present in the pulp prior to entering the driers: Application Rate x % water/ % pulp = 5 ppm active = 5 : g active/ g pulp slurry x 0.67 water/ 0.33 g pulp = 10 µ g active/ g pulp.

OUTPUT: 4 Based on input parameters 1 through 7 and calculations a and b, the outputs are:

1a: Concentration of BIT in Food: µ g of BIT/ mass of pulp x mass of pulp/ mass of paper x standard mass of paper x mass of food/ surface area  i 10 µ g BIT/ mass of pulp x 0.92 g pulp/ g of paper x 0.05 g/ in2 x 1 in2 / 10 g food = 0.046 µ g of BIT/ g food Taking into account of CF 0f 0.10, the actual dietary concentration of BIT in daily diet would be: 0.046 µ g BIT/ g food x 0.10 = 0.0046 µ g of active/ g food  ii 1b. Estimated Daily Intake ( EDI) for an Adult = 0.0046 µ g of BIT/ g food x 3000 g food = 13.8 µ g BIT/ person/ day  iii 1c. Estimated Daily Intake ( EDI) for a Child = 0.0046 µ g of BIT/ g food x 1500 g food = 6.9 µ g BIT/ person/ day  iv Estimated Daily Dietary Dose: EDI/ Body Weight: Adult: 13.8 µ g x mg/ 1000 µ g / 70 kg/ day = 1.97 x 10 4 mg/ kg BW/ day Child: 6.9 µ g x mg/ 1000 µ g / 15 kg / day = 4.6 x 10 µ mg/ kg BW/ day II. BIT Use in Aqueous Mineral Slurries As a Filler in Paper Rate of Application: maximum level of the active is the same as in I above, which approximates to about 600 ppm of the active BIT.

5 lbs of BIT = 2500 ppm; however, BIT as active is used only 10% in the formulation; Thus: 0.5 lbs BIT = 250 ppm Data Input Paramaters for BIT as a Preservative in Paper, with Clay Slurries as Fillers 1. Rate of Application of the Active : 250 ppm 2. Standard Paper Weight: 50 mg/ in2 ( FDA Assumption) 3. Mass of Food in Contact With Surface Area of Paper Treated with Preservative ( BIT) = 10 g Food/ in2 4. Consumption Factor ( CF) for Paper Treated With Preservative ( BIT) = 0.10 5. Finished Preservative ( BIT) Treated Paper = 8% Water and 92% Pulp ( FDA Assumption) 4 5 6. Daily Average Food Intake ( Adult) = 3,000 g 7. Daily Average Food Intake ( Child) = 1,500 g 2a. Concentration of BIT in Paper/ Pulp FDA assumes that 0.1lbs of clay slurries = 1 lb of paper, that is clay slurry represents 10% as fillers Rate of Application x 10% filler 250 ppm x 0.10 = 25 ppm  i If the pulp is 5% in the slurry water ( FDA assumption) Amount of BIT is: 0.05 x 25 = 1.25 ppm of BIT in slurry water  ii If mass of water to mass of pulp is 67%/ 33% ( 2: 1) Amount of BIT/ g pulp is: 1.25 ppm x 2 = 2.50 ppm = 2.5 µ g BIT/ g pulp  iii 2b. Concentration of BIT in Food:

Mass of BIT/ g paper x mass of Pulp/ g paper x standard mass of paper/ in2 paper x mass of food/ in2 paper:

2.5 µ g BIT/ g paper x 0.92 g pulp/ g paper x 0.05 g paper/ in2 paper x in2 paper/ 10 g food = 0.00115 µ g BIT/ g food = 0.00115 ppm of BIT iv If CF factor = 0.10: Amount of BIT in food = 0.10 x 0.00115 µ g BIT/ g food = 0.000115 µ g / food  v Estimated Daily Intake ( EDI) for an Adult:

0.000115 µ g/ g food x 3000 g food = 3.45 µ g food/ person/ day  vi Estimated Daily Intake ( EDI) for a Child:

0.000115 µ g/ g food x 1500 g of food = 1.725 µ g/ person/ day  vii Estimated Daily Dietary dose: EDI/ Body Weight Adult: 3.45 µ g x mg/ 1000 µ g / 70 kg BW/ day = 4.9 x 10 5 mg/ kg BW/ day Child: 1.75 µ x mg/ 1000 µ g/ 70 kgBW/ day = 1.16 x 10 4 mg/ kg BW/ day 6 III BIT as Paper Adhesive Preservative Use Some AD Labels claim US FDA clearance for use as preservative use in paper adhesives in accordance with the limitations of 21CFR 175.105, which states: " migration levels for the substance generally will be assumed to be no greater than 50 ppb". Applying a consumption factor ( CF) of 0.14 for adhesives gives a dietary concentration of 7 ppb. It should be noted that FDA derives the consumption factor ( CF) from the possible percentage of daily diet expected to contact the paper adhesives.

Calculations:

Estimated Daily Intake ( EDI): ( Dietary conc. X Daily food consumption) Adult: ( 0.007 µ g ai/ g food) x ( 300 f food/ day) = 21 µ g ai / person/ day Child: (( 0.007 µ g ai/ g food) x ( 1500 g food/ day) = 10. 5 µ g ai/ person/ day Estimated Daily Dietary Dose: EDI/ Body Weight Adult: ( 21 µ g ai/ day) x ( mg/ 1000 µ g)/( 70 kg) = 0.00030 mg ai/ kg bw/ day Child: ( 10.5 µ g ai/ day) x ( mg/ 1000 µ g)/( 15 kg) = 0.0007 mg ai/ kg bw/ day IV. BIT as a Paper Coating Preservative Use:

As indicated by various labels on BIT the active ( BIT) is added as preservative to paper coating formulations at a maximum application rate of 5000 ppm and as the active is 10%, the actual application rate is 500 ppm. The resulting paper coating is approximately 10% by weight of the paper The standard basis weight of paper is 50 mg/ in2 The amount of food contacting the coated paper packaging is 10 g of food/ in2 The standard consumption factor ( CF) for coated paper is 0.20 ( fraction of daily diet expected to contact paper coatings) A 100% migration of BIT is assumed from the coated paper to the food Standard adult food consumption is 3 kg/ day and for a child it is 1.5 kg/ day Adult body weight is 70 kg and child body weight is 15 kg Out Put:

Using the equation:

Appl. Rate x % of paper coated x basis paper wt. x surface area in contact with food x CF x % migration 7 500 µ g ai/ g coating x 0.10 g coating/ g paper x 0.05 g paper/ in2 x in2 paper / 10 g food x 0.2 x 100% 0.050 µ g ai/ g food or 50 ppb Determination of Estimated Daily Intake ( EDI) Dietary Conc. X Daily food consumption Adult: 0.050 µ g/ g food x 3000 g food/ day = 150 µ g ai/ person/ day Child: 0.050 µ g/ g food x 1500 g food/ day = 75 µ g ai/ person/ day Estimation of Daily Dietary Dose: EDI/ Body Weight Adult: ( 150 µ g ai/ day) x mg/ 1000) / 70 kg = 0.0021 mg ai/ kgbw/ day Child: ( 75 µ ai/ day) x mg/ 1000 µ g / 15 kg = 0.005 mg ai/ kg bw/ day From toxicological date, AD has determined that acute PAD and chronic PAD from antimicrobials uses for BIT is the same: 0.017 mg/ kg/ day. % PAD = exposure / A or c PAD x 100. From data in tables 1 and 2, % PAD are calculated. None of the PAD, acute or chronic dietary exceed the Agency concerns.

Table 1 Cumulative Estimated Dietary Intake of BIT Use EDI ( µ g/ person/ day) Daily Dietary Dose( mg/ kg BW/ day) Paper Slimicide 13.8 Adult 6.9 Child 1.97 x 10 4 Adult 4.6 x 10 4 Child Aqueous Mineral Slurries 3.45 Adult 1.75 Child 4.9 x 10  5 Adult 1.2 x 10 4 Child Paper Adhesive Preservative 21.0 Adult 10.5 Child 3 x 10 4 Adult 7 x 10 4 Child Paper Coating Preservative 150 Adult 75 Child 2.1 x 10 3 Adult 5 x 10 3 Child Cumulative 188.25 Adult 94.5 Child 2.5 x 10 3 Adult 1.63 x 10 3 Child Table 2 Dietary Risks of BIT Use Daily Dietary Dose ( mg/ kg BW / day % PAD Pulp/ Paper Slimicide 1.97 x 10 4 Adult 4.6 x 10 4 Child 1.17 Adult 2.7 Child Aqueous Mineral / Slurries 4.9 x 10 5 Adult 0.29 Adult 8 1.2 x 10 4 Child 0.70 Child Paper Adhesive Preservative 3 x 10 4 Adult 7 x 10 4 Child 1.76 Adult 4.1 Child Paper Coating Preservative 2.1 x 10 3 Adult 5.0 x 10 3 Child 12.35 Adult 29.0 Child Cumulative 2.5 x 10 3 Adult 1.63 x 10 3 Child 15.57 Adult 37.07 Child BIBLIOGRAPHY MRID# CITATIONS 1. A. Najm Shamim: AD Document on: Dietary Risk Assessment for Dihalogen Dialkyl and MethylolHydantoins ( 2003). This document lists the FDA assumptions of pesticide migration form paper to food through indirect food contact.

2. Bob Quick: AD Memo on Review of Lonza Registration Request for 5,5 Dimethylhydantoins as Slimicide and Preservative in Paper Manufacture. Additional FDA assumptions on pesticide migration into food from treated paper. ( RASSB Memo , February 2001)

3. RASSB Memo by Bob Quick, with additional comments on February 2001 Document 4. Lonza Document op cit reference 3.


[Federal Register: January 27, 2010 (Volume 75, Number 17)]
[Notices]
[Page 4363-4364]
[DOCID:fr27ja10-60]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2183-072]

Grand River Dam Authority; Notice of Application for Amendment of
License and Soliciting Comments, Motions To Intervene, and Protests

January 20, 2010.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Shoreline Management Plan.
    b. Project No.: 2183-072.
    c. Date Filed: August 4, 2009.
    d. Applicant: Grand River Dam Authority.
    e. Name of Project: Markham Ferry Hydroelectric Project.
    f. Location: The project is located on the Grand River in Mayes
County, OK. The project does not occupy any Federal lands.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: D. Casey Davis, Grand River Dam Authority,
P.O. Box 409, 226 West Dwain Willis Avenue, Vinita, Oklahoma 74301-
0409,<PHONE_NUMBER>.
    i. FERC Contact: Any questions on this notice should be addressed
to Hillary Berlin at<PHONE_NUMBER> or by e-mail:
<EMAIL_ADDRESS>    j. Deadline for filing motions to intervene and protests, and/or
comments: February 22, 2010.
    All documents (original and eight copies) should be filed with: The
Secretary, Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426. Please include the project number (P-2183-072) on
any comments or motions filed.
    The Commission's Rules of Practice require all interveners filing
documents with the Commission to serve a copy of that document on each
person on the official service list for the project. Further, if an
intervener files comments or documents with the Commission relating to
the merits of an issue that may affect the responsibilities of a
particular resource agency, they must also serve a copy of the document
on that resource agency. A copy of any motion to intervene must also be
served upon each representative of the Applicant specified in the
particular application.
    k. Description of the Application: The Grand River Dam Authority,
licensee for the Markham Ferry Hydroelectric Project, filed a Shoreline
Management Plan (SMP) for the project. The SMP is a comprehensive plan
to manage the multiple resources and uses of the project's shoreline in
a manner that is consistent with license requirements and project
purposes, and to address the needs and interests of stakeholders.
    l. Location of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street, NE., Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. This filing may also be viewed
on the Commission's Web site 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. You may also
register online at http://www.ferc.gov/docs-filing/esubscription.asp to
be notified via e-mail of new filings and issuances related to this or
other pending projects. For assistance, call 1-866-208-3372 or e-mail
<EMAIL_ADDRESS>for TTY, call<PHONE_NUMBER>. A copy is
also available for inspection and reproduction at the address in item
(h) above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions To Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    o. Any filings must bear in all capital letters the title
``COMMENTS'', ``PROTEST'', or ``MOTION TO INTERVENE'', as applicable,
and the Project Number of the particular application to which the
filing refers.
    p. Agency Comments: Federal, state, and local agencies are invited
to file comments on the described application.

A copy of the application may be obtained by agencies or directly from
the Applicant. If an agency does not file comments within the time
specified for filing comments, it will be presumed to have no comments.
One copy of an agency's comments must also be sent to the Applicant's
representatives.
    q. Comments, protests and interventions may be filed electronically
via the Internet in lieu of paper. See 18 CFR 385.2001(a)(1)(iii) and
the instructions on the Commission's Web site at http://www.ferc.gov
under the ``e-Filing'' link.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-1533 Filed 1-26-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 93 (Monday, May 14, 2018)]
[Notices]
[Pages 22303-22305]
[FR Doc No: 2018-10140]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83187; File No. SR-CboeBZX-2018-032]

Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To
Continue Listing and Trading Shares of the Cambria Sovereign Bond ETF

May 8, 2018.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on May 1, 2018, Cboe BZX Exchange, Inc. (``Exchange'' or ``BZX'') 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 filed a proposal to amend a representation made in a
proposed rule change previously filed with the Commission pursuant to
Rule 19b-4 relating to the Cambria Sovereign Bond ETF (the ``Fund'')
(f/k/a Cambria Sovereign High Yield Bond ETF).
    The text of the proposed rule change is available at the Exchange's
website at www.markets.cboe.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The 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 shares of the Fund (the ``Shares'') are listed and traded on
the Exchange under Rule 14.11(i), which governs the listing and trading
of Managed Fund Shares, pursuant to an immediately effective rule
filing.\3\ The Fund is a series of the Cambria ETF Trust (the
``Trust''), which is organized as a Delaware statutory trust and is
registered with the Commission as an open-end management investment
company.\4\
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    \3\ See Securities Exchange Act Release No. 79618 (December 20,
2016), 81 FR 95252 (December 27, 2016) (SR-BatsBZX-2016-88) (the
``Prior Notice''). The Exchange notes that the Commission previously
approved a proposal to list and trade the Shares on NYSE Arca, Inc.
See Securities Exchange Act Release No. 75540 (July 28, 2015), 80 FR
46359 (August 4, 2015) (SR-NYSEArca-2015-50) (the ``Arca Approval
Order'').
    \4\ See Registration Statement on Form N-1A for the Trust, dated
September 30, 2015 (File Nos. 333-180879 and 811-22704) (the
``Registration Statement''). The Commission has issued an order
granting certain exemptive relief to the Trust under the Investment
Company Act of 1940 (15 U.S.C 80a-1) (``1940 Act'') (the ``Exemptive
Order''). See Investment Company Act Release No. 30340 (January 4,
2013) (File No. 812-13959). The Trust also submitted to the
Commission a ``Supplement dated January 20, 2017 to the Summary
Prospectus, Statutory Prospectus (collectively, the
``Prospectuses'') and Statement of Additional Information (``SAI'')
dated September 1, 2016, as each may be amended or supplemented''
(the ``January 20 Supplement'') outlining the proposed change to the
investment strategy as well as a ``Supplement dated August 24, 2017
to the Summary Prospectus, Statutory Prospectus (collectively, the
``Prospectuses'') and Statement of Additional Information (``SAI'')
dated September 1, 2016, as each may be amended or supplemented'' in
order to provide notice that the investment strategy change had been
replaced as described in the January 20 Supplement. See https://www.sec.gov/Archives/edgar/data/1529390/000139834417000671/fp0023454_497.htm and https://www.sec.gov/Archives/edgar/data/1529390/000139834417010795/fp0027628_497.htm, respectively.
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    In this proposed rule change, the Exchange proposes to amend a
representation made in the Prior Notice relating to changes to the
investment strategy of the Fund, as described below.\5\ The Prior
Notice (and the Arca Approval Order) contains the following
representation regarding the holdings of the Fund: ``under normal
market

conditions,\6\ at least 80% of the value of the Fund's net assets (plus
borrowings for investment purposes) will be invested in sovereign and
quasi-sovereign high yield bonds (commonly known as ``junk
bonds'').\7\'' Based on the changes to the Fund's investment strategy
outlined in the January 20 Supplement, the Exchange is proposing to
change this representation such that it is consistent with the new
investment strategy. The Exchange proposes that the sentence would
instead read ``under normal market conditions,\8\ at least 80% of the
value of the Fund's net assets (plus borrowings for investment
purposes) will be invested in sovereign and quasi-sovereign bonds.''
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    \5\ The Exchange notes that while a change was made to the
principal investment strategy, there were no changes to the Fund's
investment objective, the method or methods used to select the
Fund's portfolio investments, or the Fund's fees and expenses.
    \6\ The term ``under normal market conditions'' includes, but is
not limited to, the absence of extreme volatility or trading halts
in the equity 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.
    \7\ Sovereign and quasi-sovereign bonds include securities
issued or guaranteed by foreign governments (including political
subdivisions) or their authorities, agencies, or instrumentalities
or by supra-national agencies. Supra-national agencies are agencies
whose member nations make capital contributions to support the
agencies' activities. Examples include the International Bank for
Reconstruction and Development (the World Bank), the Asian
Development Bank, the European Coal and Steel Community, and the
Inter-American Development Bank.
    \8\ The term ``under normal market conditions'' includes, but is
not limited to, the absence of extreme volatility or trading halts
in the equity 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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    Practically speaking, while the Fund is currently required to hold
at least 80% of its net assets in high yield (i.e. lower credit
quality) sovereign and quasi-sovereign bonds, this proposed change will
additionally allow the Fund to hold investment grade (i.e. higher
credit quality) sovereign and quasi-sovereign bonds, thereby increasing
the credit quality of the Fund's holdings in sovereign and quasi-
sovereign bonds. As noted above, the investment objective of the Fund
will remain unchanged. All other statements and representations made in
the Prior Notice regarding the description of the portfolio or
reference assets, limitations on portfolio holdings or reference
assets, dissemination and availability of reference assets and intraday
indicative values, and the applicability of Exchange listing rules
specified in the Prior Notice remain true and shall continue to
constitute continued listing requirements for the Fund. Additionally,
the change proposed above will constitute a continued listing
requirement for the Fund.
2. Statutory Basis
    The Exchange believes that the proposal is consistent with Section
6(b) of the Act \9\ in general and Section 6(b)(5) of the Act \10\ in
particular in that it is 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. Specifically, the Exchange believes
that the proposal is 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.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f.
    \10\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    As described above, all of the representations from the Prior
Notice which formed the basis for the Prior Notice becoming immediately
effective remain true and will continue to constitute continued listing
requirements for the Fund with the exception of the single
representation that the Exchange is proposing to amend. This proposed
change will not make any changes to the types of instruments that the
Fund can hold, but will allow the Fund to hold those instruments when
they are issued by more creditworthy issuers. As such, the Exchange
believes that the proposal does not raise any substantive issues that
were not previously addressed in the Prior Notice and Arca Approval
Order. As proposed, the Fund would be able to continue to hold the same
lower credit quality sovereign and quasi-sovereign bonds and the only
additional investments that would become available to the Fund would be
investment grade sovereign and quasi-sovereign bonds.
    As such, the Exchange believes that the proposal is designed to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, to remove impediments to and perfect
the mechanism of a free and open market and a national market system,
and, in general, to protect investors and the public interest because
there are no substantive issues raised by this proposal that were not
otherwise addressed by the Prior Notice and the Arca Approval Order.

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 purpose of the Act. The Exchange believes that
the proposal to allow the Fund to amend its investment strategy will
enhance competition among both market participants and listing venues,
to the benefit of investors and the marketplace.

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

    The Exchange has neither solicited nor received written comments on
the proposed rule change.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \11\ and Rule 19b-
4(f)(6) thereunder.\12\
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    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission.
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    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \13\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \14\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has asked the Commission to waive the 30-day operative delay to allow
the Fund to immediately improve the credit quality of its bond
portfolio while complying with the applicable continued listing
representations. The Exchange does not believe that there is any reason
for delay when the change is only designed to allow the Fund to hold
higher credit quality versions of instruments that it is already
allowed to hold. The

Commission believes that waiver of the 30-day operative delay is
consistent with the protection of investors and the public interest.
Accordingly, the Commission hereby waives the 30-day operative delay
and designates the proposed rule change operative upon filing.\15\
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    \13\ 17 CFR 240.19b-4(f)(6).
    \14\ 17 CFR 240.19b-4(f)(6)(iii).
    \15\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number CboeBZX-2018-032 on the subject line.

Paper Comments

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

All submissions should refer to File Number CboeBZX-2018-032. 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 website (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 website viewing and printing in
the Commission's Public Reference Room, 100 F Street, NE, Washington,
DC 20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of 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. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number CboeBZX-2018-032 and should be submitted on
or before June 4, 2018.
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    \16\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-10140 Filed 5-11-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 71 (Monday, April 13, 2020)]
[Rules and Regulations]
[Pages 20414-20416]
[FR Doc No: 2020-07614]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 31303; Amdt. No. 3897]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This rule establishes, amends, suspends, or removes Standard
Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums
and Obstacle Departure Procedures (ODPs) for operations at certain
airports. These regulatory actions are needed because of the adoption
of new or revised criteria, or because of changes occurring in the
National Airspace System, such as the commissioning of new navigational
facilities, adding new obstacles, or changing air traffic requirements.
These changes are designed to provide safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective April 13, 2020. The compliance date for
each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions. The incorporation by reference of certain
publications listed in the regulations is approved by the Director of
the Federal Register as of April 13, 2020.

ADDRESSES: Availability of matters incorporated by reference in the
amendment is as follows:

For Examination

    1. U.S. Department of Transportation, Docket Ops-M30, 1200 New
Jersey Avenue SE, West Bldg., Ground Floor, Washington, DC 20590-0001.
    2. The FAA Air Traffic Organization Service Area in which the
affected airport is located;
    3. The office of Aeronautical Navigation Products, 6500 South
MacArthur Blvd., Oklahoma City, OK 73169 or,
    4. The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

Availability

    All SIAPs and Takeoff Minimums and ODPs are available online free
of charge. Visit the National Flight Data Center at nfdc.faa.gov to
register. Additionally, individual SIAP and Takeoff Minimums and ODP
copies may be obtained from the FAA Air Traffic Organization Service
Area in which the affected airport is located.

FOR FURTHER INFORMATION CONTACT: Thomas J. Nichols, Flight Procedures
and Airspace Group, Flight Technologies and Procedures Division, Flight
Standards Service, Federal Aviation Administration. Mailing Address:
FAA Mike Monroney Aeronautical Center, Flight Procedures and Airspace
Group, 6500 South MacArthur Blvd., Registry Bldg. 29, Room 104,
Oklahoma City, OK 73169. Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends Title 14 of the Code of
Federal Regulations, Part 97 (14 CFR part 97), by establishing,
amending, suspending, or removes SIAPS, Takeoff Minimums and/or ODPS.
The complete regulatory description of each SIAP and its associated
Takeoff Minimums or ODP for an identified airport is listed on FAA form
documents which are incorporated by reference in this amendment under 5
U.S.C. 552(a), 1 CFR part 51, and 14 CFR part 97.20. The applicable FAA
forms are FAA Forms 8260-3, 8260-4, 8260-5, 8260-15A, and 8260-15B when
required by an entry on 8260-15A.
    The large number of SIAPs, Takeoff Minimums and ODPs, their complex
nature, and the need for a special format make publication in the
Federal Register expensive and impractical. Further, airmen do not use
the regulatory text of the SIAPs, Takeoff Minimums or ODPs, but instead
refer to their graphic depiction on charts printed by publishers of
aeronautical materials. Thus, the advantages of incorporation by
reference are realized and publication of the complete description of
each SIAP, Takeoff Minimums and ODP listed on FAA form documents is
unnecessary. This amendment provides the affected CFR sections and
specifies the types of SIAPs, Takeoff Minimums and ODPs with their
applicable effective dates. This amendment also identifies the airport
and its location, the procedure, and the amendment number.

Availability and Summary of Material Incorporated by Reference

    The material incorporated by reference is publicly available as
listed in the ADDRESSES section.
    The material incorporated by reference describes SIAPS, Takeoff
Minimums and/or ODPS as identified in the amendatory language for part
97 of this final rule.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP, Takeoff Minimums and ODP as Amended in the
transmittal. Some SIAP and Takeoff Minimums and textual ODP amendments
may have been issued previously by the FAA in a Flight Data Center
(FDC) Notice to Airmen (NOTAM) as an emergency action of immediate
flight safety relating directly to published aeronautical charts.
    The circumstances that created the need for some SIAP and Takeoff
Minimums and ODP amendments may require making them effective in less
than 30 days. For the remaining SIAPs and Takeoff Minimums and ODPs, an
effective date at least 30 days after publication is provided.
    Further, the SIAPs and Takeoff Minimums and ODPs contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these SIAPs and
Takeoff Minimums and ODPs, the TERPS criteria were applied to the
conditions existing or anticipated at the affected airports. Because of
the close and immediate relationship between these SIAPs, Takeoff
Minimums and ODPs, and safety in air commerce, I find that notice and
public procedure under 5 U.S.C. 553(b) are impracticable and contrary
to the public interest and, where applicable, under 5 U.S.C. 553(d),
good cause exists for making some SIAPs effective in less than 30 days.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air traffic control, Airports, Incorporation by reference,
Navigation (air).

    Issued in Washington, DC, on March 20, 2020.
Rick Domingo,
Executive Director, Flight Standards Service.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, Title 14,
Code of Federal Regulations, Part 97 (14 CFR part 97) is amended by
establishing, amending, suspending, or removing Standard Instrument
Approach Procedures and/or Takeoff Minimums and Obstacle Departure
Procedures effective at 0901 UTC on the dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40103, 40106, 40113,
40114, 40120, 44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:

Effective 23 April 2020

Truckee, CA, Truckee-Tahoe, RNAV (GPS) RWY 20, Amdt 1A
Saluda, VA, Hummel Field, Takeoff Minimums and Obstacle DP, Amdt 2

Effective 21 May 2020

Anaktuvuk Pass, AK, Anaktuvuk Pass, AKUMY FOUR, Graphic DP
Anaktuvuk Pass, AK, Anaktuvuk Pass, NDB-B, Amdt 1A, CANCELLED
Anaktuvuk Pass, AK, Anaktuvuk Pass, RNAV (GPS)-A, Amdt 2
Anaktuvuk Pass, AK, Anaktuvuk Pass, Takeoff Minimums and Obstacle
DP, Amdt 2
Batesville, AR, Batesville Rgnl, Takeoff Minimums and Obstacle DP,
Amdt 3B
Lodi, CA, Lodi, RNAV (GPS)-B, Orig-B
Lakeland, FL, Lakeland Linder Intl, ILS OR LOC RWY 9, ILS RWY 9 (SA
CAT I), ILS RWY 9 (SA CAT II), Amdt 1
Orlando, FL, Orlando Intl, ILS OR LOC RWY 17L, ILS RWY 17L (SA CAT
I), ILS RWY 17L (CAT II), ILS RWY 17L (CAT III), Amdt 3
Orlando, FL, Orlando Intl, ILS OR LOC RWY 35R, ILS RWY 35R (SA CAT
I), ILS RWY 35R (CAT II), ILS RWY 35R (CAT III), Amdt 4
Monroe, GA, CY Nunnally Memorial, Takeoff Minimums and Obstacle DP,
Amdt 1A
Sandersville, GA, Kaolin Field, RNAV (GPS) RWY 13, Amdt 3
Sandersville, GA, Kaolin Field, RNAV (GPS) RWY 31, Amdt 3
Sandersville, GA, Kaolin Field, Takeoff Minimums and Obstacle DP,
Amdt 3
Clinton, IA, Clinton Muni, RNAV (GPS) RWY 32, Amdt 1B

Perry, IA, Perry Muni, RNAV (GPS) RWY 14, Orig-B
Sioux City, IA, Sioux Gateway/Brig Gen Bud Day Field, RNAV (GPS) RWY
13, Orig-F
Sioux City, IA, Sioux Gateway/Brig Gen Bud Day Field, RNAV (GPS) RWY
31, Orig-H
Sioux City, IA, Sioux Gateway/Brig Gen Bud Day Field, VOR OR TACAN
RWY 13, Amdt 18D, CANCELLED
Chicago, IL, Chicago O'Hare Intl, ILS OR LOC RWY 4R, ILS RWY 4R (SA
CAT I), ILS RWY 4R (SA CAT II), Amdt 8A
Clay Center, KS, Clay Center Muni, RNAV (GPS) RWY 17, Amdt 1
Clay Center, KS, Clay Center Muni, RNAV (GPS) RWY 35, Amdt 1
Rangeley, ME, Stephen A Bean Muni, NDB-A, Amdt 5, CANCELLED
Rangeley, ME, Stephen A Bean Muni, RNAV (GPS)-D, Amdt 1
Rangeley, ME, Stephen A Bean Muni, Takeoff Minimums and Obstacle DP,
Amdt 1A
Ada/Twin Valley, MN, Norman County Ada/Twin Valley, RNAV (GPS) RWY
33, Orig-B
Baudette, MN, Baudette Intl, ILS OR LOC RWY 30, Amdt 1
Bigfork, MN, Bigfork Muni, RNAV (GPS) RWY 33, Orig-E
Long Prairie, MN, Todd Field, RNAV (GPS) RWY 34, Amdt 3
Long Prairie, MN, Todd Field, Takeoff Minimums and Obstacle DP, Amdt
1
Longville, MN, Longville Muni, Takeoff Minimums and Obstacle DP,
Amdt 1
Rochester, MN, Rochester Intl, COPTER ILS Y OR LOC Y RWY 31, Amdt 3A
Rochester, MN, Rochester Intl, ILS Z OR LOC Z RWY 31, ILS Z RWY 31
(SA CAT I), ILS Z RWY 31 (SA CAT II), Amdt 23A
Kansas City, MO, Charles B Wheeler Downtown, ILS OR LOC RWY 3, Amdt
5A
Natchez, MS, Hardy-Anders Field Natchez-Adams County, ILS OR LOC RWY
13, Amdt 2B
Natchez, MS, Hardy-Anders Field Natchez-Adams County, RNAV (GPS) RWY
13, Amdt 1B
Natchez, MS, Hardy-Anders Field Natchez-Adams County, RNAV (GPS) RWY
18, Amdt 1B
Natchez, MS, Hardy-Anders Field Natchez-Adams County, RNAV (GPS) RWY
31, Amdt 1C
Natchez, MS, Hardy-Anders Field Natchez-Adams County, VOR RWY 18,
Amdt 11
Hardin, MT, Big Horn County, RNAV (GPS) RWY 26, Orig
Hardin, MT, Big Horn County, Takeoff Minimums and Obstacle DP, Orig
Berlin, NH, Berlin Rgnl, RNAV (GPS) RWY 18, Orig-B
Berlin, NH, Berlin Rgnl, Takeoff Minimums and Obstacle DP, Amdt 2
Berlin, NH, Berlin Rgnl, VOR/DME RWY 18, Amdt 2A, CANCELLED
New York, NY, John F Kennedy Intl, ILS OR LOC RWY 4L, Amdt 11D
New York, NY, John F Kennedy Intl, ILS OR LOC RWY 4R, ILS RWY 4 (CAT
II), ILS RWY 4R (CAT III), Amdt 30B
New York, NY, John F Kennedy Intl, ILS OR LOC RWY 31L, Amdt 11B
New York, NY, John F Kennedy Intl, ILS OR LOC RWY 31R, Amdt 16B
New York, NY, John F Kennedy Intl, RNAV (GPS) RWY 22R, Amdt 1G
New York, NY, John F Kennedy Intl, RNAV (GPS) Y RWY 4L, Amdt 3B
New York, NY, John F Kennedy Intl, RNAV (GPS) Y RWY 4R, Amdt 2B
New York, NY, John F Kennedy Intl, RNAV (GPS) Y RWY 13R, Orig-A
New York, NY, John F Kennedy Intl, RNAV (GPS) Y RWY 22L, Amdt 1F
New York, NY, John F Kennedy Intl, RNAV (GPS) Y RWY 31L, Amdt 2B
New York, NY, John F Kennedy Intl, RNAV (GPS) Y RWY 31R, Amdt 2C
New York, NY, John F Kennedy Intl, VOR RWY 4L, Amdt 1B
New York, NY, John F Kennedy Intl, VOR RWY 4R, Orig-B
New York, NY, John F Kennedy Intl, VOR RWY 22L, Amdt 4F
Philadelphia, PA, Philadelphia Intl, RNAV (GPS) RWY 35, Amdt 5
Commerce, TX, Commerce Muni, RNAV (GPS) RWY 36, Orig-D
Fort Worth, TX, Kenneth Copeland, RNAV (GPS) RWY 17, Orig-A
Fort Worth, TX, Kenneth Copeland, RNAV (GPS) RWY 35, Orig-A
Mineola/Quitman, TX, Wood County--Collins Fld, RNAV (GPS) RWY 18,
Orig-C
Mineola/Quitman, TX, Wood County--Collins Fld, RNAV (GPS) RWY 36,
Orig-D
Mineola/Quitman, TX, Wood County--Collins Fld, Takeoff Minimums and
Obstacle DP, Amdt 1A
Mineola/Quitman, TX, Wood County--Collins Fld, VOR/DME-B, Amdt 2A,
CANCELLED
Mount Vernon, TX, Franklin County, RNAV (GPS) RWY 31, Orig-B
Ogden, UT, Ogden-Hinckley, RNAV (GPS) RWY 3, Amdt 1B
Newport, VT, Northeast Kingdom Intl, RNAV (GPS) RWY 36, Amdt 1B
Huntington, WV, Tri-State/Milton J Ferguson Field, ILS OR LOC RWY
12, Amdt 15
Huntington, WV, Tri-State/Milton J Ferguson Field, ILS OR LOC RWY
30, Amdt 8
Huntington, WV, Tri-State/Milton J Ferguson Field, RNAV (GPS) RWY
30, Amdt 2

[FR Doc. 2020-07614 Filed 4-10-20; 8:45 am]
 BILLING CODE 4910-13-P