[Federal Register: July 3, 2008 (Volume 73, Number 129)]
[Notices]
[Page 38193-38194]
[DOCID:fr03jy08-39]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings  1

June 26, 2008.
    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER99-2369-005.
    Applicants: Alliance for Cooperative Energy Services.
    Description: The Alliance for Cooperative Energy Services Power
Marketing, LLC submits an Updated Market Analysis and Request for
Category 1 Status.
    Filed Date: 06/23/2008.
    Accession Number: 20080625-0052.
    Comment Date: 5 p.m. Eastern Time on Monday, July 14, 2008.

    Docket Numbers: ER01-1011-016; ER01-1335-014; ER01-642-012; ER07-
312-004.
    Applicants: Redbud Energy LP; Magnolia Energy LP; CottonWood Energy
Company LP; Dogwood Energy LLC.
    Description: Cottonwood Energy Co, LP et al submits Second Revised
Sheet 1 et al to FERC Electric Tariff, First Revised Volume 1.
    Filed Date: 06/23/2008.
    Accession Number: 20080625-0051.
    Comment Date: 5 p.m. Eastern Time on Monday, July 14, 2008.

    Docket Numbers: ER02-2339-003; ER08-274-003.
    Applicants: Citadel Energy Products LLC; Citadel Energy Strategies,
LLC.
    Description: Citadel Energy Products, LLC and Citadel Energy
Strategies, LLC submits an updated market power analysis and rate
schedule revisions required by Order 697 and 697-A.
    Filed Date: 06/23/2008.
    Accession Number: 20080624-0027.
    Comment Date: 5 p.m. Eastern Time on Monday, July 14, 2008.

    Docket Numbers: ER08-1153-000; ER08-1154-000; ER08-1155-000; ER08-
1156-000; ER08-1157-000; ER08-1158-000.
    Applicants: Bayonne Plant Holding, L.L.C.; Camden Plant Holding,
L.L.C.; Dartmouth Power Associates Limited Partnership; Lowell
Cogeneration Company Limited Part; Newark Bay Cogeneration Partnership,
L.P; York Generation Company LLC.
    Description: Bayonne Plant Holdings, LLC et al submits request to
amend market-based rate tariffs to permit sales of ancillary services.
    Filed Date: 06/23/2008.
    Accession Number: 20080625-0048.
    Comment Date: 5 p.m. Eastern Time on Monday, July 14, 2008.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the

FERC Online links at http://www.ferc.gov. To facilitate electronic
service, persons with Internet access who will eFile a document and/or
be listed as a contact for an intervenor must create and validate an
eRegistration account using the eRegistration link. Select the eFiling
link to log on and submit the intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. E8-15097 Filed 7-2-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 234 (Friday, December 5, 2014)]
[Notices]
[Pages 72233-72235]
[FR Doc No: 2014-28548]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-73707; File No. SR-MSRB-2014-09]

Self-Regulatory Organizations; Municipal Securities Rulemaking
Board; Notice of Filing and Immediate Effectiveness of a Proposed Rule
Change Consisting of Amendments to MSRB's Electronic Municipal Market
Access (EMMA) System To Add Disclosures Related to Municipal Asset-
Backed Securities

December 1, 2014.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Exchange Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is
hereby given that on November 25, 2014, the Municipal Securities
Rulemaking Board (the ``MSRB'' or ``Board'') filed with the Securities
and Exchange Commission (the ``SEC'' or ``Commission'') the proposed
rule change as described in Items I, II, and III below, which Items
have been prepared by the MSRB. 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 MSRB is filing with the Commission a proposed rule change
consisting of amendments to the MSRB's Electronic Municipal Market
Access (``EMMA'') system to add disclosures related to municipal asset-
backed securities (``ABS'') required under Exchange Act Rule 15Ga-1 \3\
to be filed on Form ABS-15G to the list of categories of continuing
disclosures that EMMA will accept and disseminate publicly (the
``proposed rule change''). The proposed rule change also makes minor
changes of a technical nature, including removing outdated language,
updating the naming convention used for published submitter and
subscriber specification documents and updating information concerning
how users can access submitter and subscriber specification documents
(``technical amendments''). The MSRB filed the proposed rule change
under Section 19(b)(3)(A)(iii) of the Exchange Act \4\ and Rule 19b-
4(f)(6) \5\ thereunder as a noncontroversial rule change that renders
the proposal effective upon filing. The proposed rule change will be
made operative no earlier than January 9, 2015 and no later than
January 31, 2015, with the precise effective date in that range to be
announced by the MSRB in a notice published on the MSRB Web site.
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    \3\ 17 CFR 240.15Ga-1.
    \4\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \5\ 17 CFR 240.19b-4(f)(6).
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    The text of the proposed rule change is available on the MSRB's Web
site at www.msrb.org/Rules-and-Interpretations/SEC-Filings/2014-Filings.aspx, at the MSRB's principal office, 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 MSRB 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 MSRB has prepared summaries, set forth in Sections
A, B, and C below, of the most significant aspects of such statements.

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

1. Purpose
    Pursuant to Section 943 of the Dodd-Frank Wall Street Reform and
Consumer Protection Act,\6\ the SEC adopted new rules related to
representations and warranties in ABS. One of these rules, Exchange Act
Rule 15Ga-1,\7\ requires, among other things, certain disclosures
related to municipal ABS to be filed on Form ABS-15G. Pursuant to Rule
314 of Regulation S-T,\8\ the SEC identified EMMA, in addition to the
Electronic Data Gathering, Analysis, and Retrieval system (``EDGAR''),
as a venue that a municipal securitizer may use to make submissions of
Form ABS-15G in compliance with Exchange Act Rule 15Ga-1.\9\
Accordingly, the proposed rule change consists of amendments to the
EMMA system to add disclosures related to municipal ABS required

under Exchange Act Rule 15Ga-1 \10\ on Form ABS-15G to the list of
categories of continuing disclosures that EMMA will accept and
disseminate publicly.\11\
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    \6\ Pub. L. 111-203, 124 Stat. 1376 (2010).
    \7\ See 17 CFR 240.15Ga-1.
    \8\ 17 CFR 232.314.
    \9\ 17 CFR 240.15Ga-1.
    \10\ Id.
    \11\ The proposed rule change also consists of technical
amendments to the EMMA service.
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2. Statutory Basis
    The MSRB has adopted the proposed rule change pursuant to Section
15B(b)(2)(C) of the Exchange Act,\12\ which provides that the MSRB's
rules shall
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    \12\ 15 U.S.C. 78o-4(b)(2)(C).

be designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to
foster cooperation and coordination with persons engaged in
regulating, clearing, settling, processing information with respect
to, and facilitating transactions in municipal securities, to remove
impediments to and perfect the mechanism of a free and open market
in municipal securities, and, in general, to protect investors and
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the public interest.

The MSRB believes that the proposed rule change is consistent with the
Exchange Act because it facilitates the implementation of Exchange Act
Rule 15Ga-1.\13\ In addition, the proposed rule change serves to remove
impediments to and help perfect the mechanism of a free and open market
in municipal securities and promotes the statutory mandate of the MSRB
to protect investors and the public interest. The proposed rule change
would aid in making additional information for making investment
decisions more easily accessible to all participants in the municipal
securities market on an equal basis throughout the life of the
securities without barriers to obtaining such information. Broad access
to the disclosures related to municipal ABS required under Exchange Act
Rule 15Ga-1 \14\ on Form ABS-15G through the continuing disclosure
service of EMMA should assist in preventing fraudulent and manipulative
acts and practices by improving the opportunity for public investors to
access material information about issuers and their securities.
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    \13\ 17 CFR 240.15Ga-1.
    \14\ Id.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The MSRB does not believe that the proposed rule change would
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Exchange Act. The SEC identified
EMMA as a venue that a municipal securitizer may use to make
submissions of Form ABS-15G in compliance with Exchange Act Rule 15Ga-
1.\15\ In identifying EMMA, in addition to EDGAR, as a venue for the
disclosures on Form ABS-15G the SEC stated that ``filing on EMMA will
facilitate use by investors, since the demand, repurchase and
replacement disclosures will generally be available in the same
repository where investors are most likely to look for other municipal
ABS disclosures.'' \16\ The proposed rule change would facilitate a
requirement that already has been adopted by the SEC and carries the
benefits articulated by the SEC as a result of permitting submissions
of Form ABS-15G in compliance with Exchange Act Rule 15Ga-1 \17\ and
Rule 314 of Regulation S-T \18\ to be provided to investors on EMMA
with other municipal ABS disclosures. While the SEC's adoption of
Exchange Act Rule 15Ga-1 \19\ and Rule 314 of Regulation S-T \20\ are
themselves significant, the proposed rule change to accommodate the
intended alternative disclosure venue of EMMA and to make technical
amendments to the EMMA service would not significantly affect the
protection of investors or the public interest and would not impose any
significant burden on competition.
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    \15\ Id.
    \16\ See Exchange Act Release Nos. 33-9175 and 34-63741 (January
20, 2011), 76 FR 4489, 4509 (January 26, 2011).
    \17\ 17 CFR 240.15Ga-1.
    \18\ 17 CFR 232.314.
    \19\ 17 CFR 240.15Ga-1.
    \20\ 17 CFR 232.314.
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C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    Written comments were neither solicited nor received 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(3)(A) of the Exchange
Act \21\ and Rule 19(b)-4(f)(6) \22\ thereunder.
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    \21\ 15 U.S.C. 78s(b)(3)(A).
    \22\ 17 CFR 240.19b-4(f)(6).
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    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 Exchange Act.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Exchange 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-MSRB-2014-09 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-MSRB-2014-09. 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
10:00 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 MSRB. 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-MSRB-2014-09 and should be
submitted on or before December 26, 2014.

    For the Commission, pursuant to delegated authority.\23\
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    \23\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-28548 Filed 12-4-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 156 (Thursday, August 13, 2015)]
[Proposed Rules]
[Pages 48470-48471]
[FR Doc No: 2015-19151]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2015-1833; Airspace Docket No. 15-ASW-7]

Proposed Establishment of Class E Airspace; Marshall, AR

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to establish Class E airspace at
Marshall, AR. Controlled airspace is necessary to accommodate new
Standard Instrument Approach Procedures at Concordia Parish Airport.
The FAA is proposing this action to enhance the safety and management
of Instrument Flight Rules (IFR) operations at the airport.

DATES: Comments must be received on or before September 28, 2015.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590-0001. You
must identify the docket number FAA-2015-1833/Airspace Docket No. 15-
ASW-7, at the beginning of your comments. You may also submit comments
through the Internet at http://www.regulations.gov. You may review the
public docket containing the proposal, any comments received, and any
final disposition in person in the Dockets Office between 9:00 a.m. and
5:00 p.m., Monday through Friday, except Federal holidays. The Docket
Office (telephone 1-800-647-5527), is on the ground floor of the
building at the above address.
    FAA Order 7400.9Y, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. The Order is also available for inspection
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.
    FAA Order 7400.9, Airspace Designations and Reporting Points, is
published yearly and effective on September 15. For further
information, you can contact the Airspace Policy and Regulations Group,
Federal Aviation Administration, 800 Independence Avenue SW.,
Washington, DC 20591; telephone:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Rebecca Shelby, Central Service
Center, Operations Support Group, Federal Aviation Administration,
Southwest Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone:
817-321-7740.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part, A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would establish Class E airspace at Searcy County Airport,
Marshall, AR.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory

decisions on the proposal. Comments are specifically invited on the
overall regulatory, aeronautical, economic, environmental, and energy-
related aspects of the proposal. Communications should identify both
docket numbers and be submitted in triplicate to the address listed
above. Commenters wishing the FAA to acknowledge receipt of their
comments on this notice must submit with those comments a self-
addressed, stamped postcard on which the following statement is made:
``Comments to Docket No. FAA-2015-1833/Airspace Docket No. 15-ASW-7.''
The postcard will be date/time stamped and returned to the commenter.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Office (see ADDRESSES section for address and phone number) between
9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal
holidays. An informal docket may also be examined during normal
business hours at the office of the Central Service Center, 2601
Meacham Blvd., Fort Worth, TX 76137.
    Persons interested in being placed on a mailing list for future
NPRMs should contact the FAA's Office of Rulemaking<PHONE_NUMBER>, to
request a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

Availability and Summary of Documents Proposed for Incorporation by
Reference

    This document proposes to amend FAA Order 7400.9Y, Airspace
Designations and Reporting Points, dated August 6, 2014, and effective
September 15, 2014. FAA Order 7400.9Y is publicly available as listed
in the ADDRESSES section of this proposed rule. FAA Order 7400.9Y lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Proposal

    This action proposes to amend Title 14, Code of Federal Regulations
(14 CFR), Part 71 by establishing Class E airspace extending upward
from 700 feet above the surface within an 11.2-mile radius of Searcy
County Airport, Marshall, AR, to accommodate new standard instrument
approach procedures. Controlled airspace is needed for the safety and
management of IFR operations at the airport.
    Class E airspace areas are published in Paragraph 6005 of FAA Order
7400.9Y, dated August 6, 2014, and effective September 15, 2014, which
is incorporated by reference in 14 CFR 71.1. The Class E airspace
designation listed in this document will be published subsequently in
the Order.

Regulatory Notices and Analyses

    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore, (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a Regulatory Evaluation as the
anticipated impact is so minimal.
    Since this is a routine matter that will only affect air traffic
procedures and air navigation, it is certified that this rule, when
promulgated, will not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1E, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for Part 71 continues to read as follows:

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9Y,
Airspace Designations and Reporting Points, dated August 6, 2014, and
effective September 15, 2014, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth

* * * * *

ASW AR E5 Marshall, AR [New]

Searcy County Airport, AR
    (Lat. 35[deg]53'55'' N., long. 92[deg]39'23'' W.)

    That airspace extending upward from 700 feet above the surface
within an 11.2-mile radius of Searcy County Airport.

    Issued in Fort Worth, TX, on July 28, 2015.
Walter Tweedy,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2015-19151 Filed 8-12-15; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 235 (Friday, December 8, 2017)]
[Notices]
[Pages 57988-57990]
[FR Doc No: 2017-26457]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2017-N-4301]

Fostering Digital Health Innovation: Developing the Software
Precertification Program; Public Workshop; Request for Comments

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of public workshop; request for comments.

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SUMMARY: The Food and Drug Administration (FDA, the Agency, or we) is
announcing the following public workshop entitled ``Fostering Digital
Health Innovation: Developing the Software Precertification Program.''
The purpose of the public workshop is to discuss the progress of the
pilot precertification program and to seek input on the ongoing
development of the Software Precertification Program. In its Digital
Health Innovation Action Plan and as part of the Medical Device User
Fee Amendments, FDA has committed to explore opportunities to establish
streamlined regulatory pathways tailored for digital health
technologies that take into account real world evidence while
incorporating principles established through international
harmonization.

DATES: The public workshop will be held on January 30 to 31, 2018, from
8:30 a.m. to 5 p.m. Submit either electronic or written comments on
this public workshop by June 29, 2018. See the SUPPLEMENTARY
INFORMATION section for registration date and information.

ADDRESSES: The public workshop will be held at Ruth L. Kirschstein
Auditorium, Natcher Conference Center, Bldg. 45, National Institutes of
Health (NIH) Campus, 9000 Rockville Pike, Bethesda, MD 20892. The
entrance for the public workshop participants (non-NIH employees) is
through the NIH Gateway Center located adjacent to the Medical Center
Metro, where routine security check procedures will be performed.
Please visit the following Web site for NIH campus location, parking,
security, and travel information: http://www.nih.gov/about/visitor/index.htm. Please visit the following Web site for information on the
Natcher Conference Center: http://www.genome.gov/11007522.
    You may submit comments as follows. Please note that late, untimely
filed comments will not be considered. Electronic comments must be
submitted on or before June 29, 2018, at the https://www.regulations.gov electronic filing system. Comments received by
mail/hand delivery/courier (for written/paper submissions) will be
considered timely if they are postmarked or the delivery service
acceptance receipt is on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a

third party may not wish to be posted, such as medical information,
your or anyone else's Social Security number, or confidential business
information, such as a manufacturing process. Please note that if you
include your name, contact information, or other information that
identifies you in the body of your comments, that information will be
posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2017-N-4301 for ``Fostering Digital Health Innovation: Developing
the Software Precertification Program; Public Workshop; Request for
Comments.'' Received comments, those filed in a timely manner (see
ADDRESSES), will be placed in the docket and, except for those
submitted as ``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m.
and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Bakul Patel, Food and Drug
Administration, Center for Devices and Radiological Health, 10903 New
Hampshire Ave., Bldg. 66, Rm. 5458, Silver Spring, MD 20993, 301-796-
5528, [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    As part of the FDA Reauthorization Act of 2017 (Pub. L. 115-52),
which reauthorizes the Medical Device User Fee Amendments for fiscal
years 2018 through 2022, FDA has committed to explore opportunities to
establish streamlined regulatory pathways tailored for digital health
technologies that consider real world evidence while incorporating
principles established through international harmonization. FDA
recognizes that an efficient, risk-based approach to regulating digital
health technology will foster innovation of digital health products.
FDA's traditional approach to moderate and higher risk hardware-based
medical devices is not well suited for the faster iterative design,
development, and type of validation used for software-based medical
technologies.
    FDA issued a Digital Health Innovation Action Plan on July 27,
2017, in order to outline its efforts to develop pragmatic approaches
to balance benefits and risks of digital health products (Ref. 1). In
the Federal Register of July 28, 2017, FDA announced its Software
Precertification (Pre-Cert) Pilot Program (82 FR 35216). The voluntary
pilot program aims to evaluate a new approach toward software products,
including a precertification program for the assessment of companies
that perform high-quality software design and testing. FDA intends to
develop a precertification program that could replace the need for a
premarket submission in some cases and allow for decreased submission
content and/or faster review of marketing applications for software
products in other cases. The pilot program began in September 2017.
This public workshop provides an opportunity for FDA customers to
provide input on the development of the precertification program.

II. Topics for Discussion at the Public Workshop

    During the public workshop, speakers and participants will discuss
a range of issues related to the Software Pre-Cert program and the
development of novel premarket approval/clearance pathways for digital
health products. Discussion topics include:
     Criteria and measures to assess whether a company
consistently and reliably engages in high-quality software design and
testing (validation) and ongoing maintenance of its software products.
    [cir] Appropriate ``Key Performance Indicators'' that are
independent of organization size, deployment strategies, or computing
platforms.
     Levels of precertification and how those levels correlate
to the digital health product's risk.
     Other aspects and topics related to pre-certifying a
company including methods and mechanisms for a company to maintain
precertification status.
     Types of digital health products that should be marketed
based on the levels of precertification without FDA premarket review or
after a streamlined, less-burdensome FDA premarket review.
     Considerations for streamlined premarket review and
postmarket data collection and analysis.

III. Participating in the Public Workshop

    Registration: To register for the public workshop, please visit
FDA's Medical Devices News & Events--Workshops & Conferences calendar
(https://www.fda.gov/MedicalDevices/NewsEvents/WorkshopsConferences/default.htm) and select this event from the list of items provided.
Please provide complete contact information for each attendee,
including name, title, affiliation, address, email, and telephone
number.

    Registration is free and based on space availability, with priority
given to early registrants. Persons interested in attending this public
workshop must register by January 18, 2018, 4 p.m. Eastern Time. Early
registration is recommended because seating is limited; therefore, FDA
may limit the number of participants from each organization.
Registrants will receive confirmation when they have been accepted. If
time and space permit, onsite registration on the day of the public
workshop will be provided beginning at 7:30 a.m. We will let
registrants know if registration closes before the day of the public
workshop.
    If you need special accommodations due to a disability, please
contact Susan Monahan, Center for Devices and Radiological Health, Food
and Drug Administration, 10903 New Hampshire Ave., Bldg. 32, Rm. 5231,
Silver Spring, MD 20993-0002,<PHONE_NUMBER> or email:
[email protected], no later than January 16, 2018.
    Requests for Oral Presentations: During online registration, you
may indicate if you wish to present during a public comment session and
which topic(s) you wish to address. We will do our best to accommodate
requests to make public comments and requests to participate in the
focused sessions. Individuals and organizations with common interests
are urged to consolidate or coordinate their presentations, and request
time for a joint presentation, or submit requests for designated
representatives to participate in the focused sessions. Following the
close of registration, we will determine the amount of time allotted to
each presenter and the approximate time each oral presentation is to
begin, and will select and notify participants by January 19, 2018. All
requests to make oral presentations must be received by the close of
registration on January 18, 2018, 4 p.m. If selected for presentation,
any presentation materials must be emailed to Maggie Fu at
[email protected] no later than January 25, 2018. No commercial or
promotional material will be permitted to be presented or distributed
at the public workshop.
    Streaming Webcast of the Public Workshop: This public workshop will
also be webcast. The webcast link will be available on the registration
Web page after January 23, 2018. Please visit FDA's Medical Devices
News & Events--Workshops & Conferences calendar (https://www.fda.gov/MedicalDevices/NewsEvents/WorkshopsConferences/default.htm) and select
this event from the list of items provided. Organizations are requested
to register all participants, but to view using one connection per
location.
    If you have never attended a Connect Pro event before, test your
connection at https://collaboration.fda.gov/common/help/en/support/meeting_test.htm. To get a quick overview of the Connect Pro program,
visit http://www.adobe.com/go/connectpro_overview. FDA has verified the
Web site addresses in this document, as of the date this document
publishes in the Federal Register, but Web sites are subject to change
over time.
    Transcripts: Please be advised that as soon as a transcript of the
public workshop is available, it will be accessible at https://www.regulations.gov. It may be viewed at the Dockets Management Staff
(see ADDRESSES). A link to the transcript will also be available on the
Internet at https://www.fda.gov/MedicalDevices/NewsEvents/WorkshopsConferences/default.htm.

IV. Reference

    The following reference is on display at the Dockets Management
Staff (see ADDRESSES), and is available for viewing by interested
persons between 9 a.m. and 4 p.m., Monday through Friday; it is also
available electronically at https://www.regulations.gov. FDA has
verified the Web site addresses, as of the date this document publishes
in the Federal Register, but Web sites are subject to change over time.

1. FDA's Digital Health Innovation Action Plan issued on July 27,
2017 available at: https://www.fda.gov/MedicalDevices/DigitalHealth/UCM567265.

    Dated: December 4, 2017.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2017-26457 Filed 12-7-17; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 88, Number 156 (Tuesday, August 15, 2023)]
[Rules and Regulations]
[Pages 55359-55362]
[FR Doc No: 2023-17403]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2023-1467; Special Conditions No. 25-840-SC]

Special Conditions: The Boeing Company Model 737-10 Airplane;
Dynamic Test Requirements for Single Occupant Oblique Seats With or
Without Airbags and/or 3-Point Restraints

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments.

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SUMMARY: These special conditions are issued for The Boeing Company
(Boeing) Model 737-10 series airplane. This airplane will have a novel
or unusual design feature when compared to the state of technology
envisioned in the airworthiness standards for transport-category
airplanes. This design feature is oblique (side-facing) single-occupant
seats equipped with airbag devices or 3-point restraints. The
applicable airworthiness regulations do not contain adequate or
appropriate safety standards for this design feature. These special
conditions contain the additional safety standards that the
Administrator considers necessary to establish a level of safety
equivalent to that established by the existing airworthiness standards.

DATES: This action is effective on Boeing on August 15, 2023. Send
comments on or before September 29, 2023.

ADDRESSES: Send comments identified by Docket No. FAA-2023-1467 using
any of the following methods:
     Federal eRegulations Portal: Go to https://www.regulations.gov/ and follow the online instructions for sending
your comments electronically.
     Mail: Send comments to Docket Operations, M-30, U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE, Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey

Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
     Docket: Background documents or comments received may be
read at https://www.regulations.gov/ at any time. Follow the online
instructions for accessing the docket or go to Docket Operations in
Room W12-140 of the West Building Ground Floor at 1200 New Jersey
Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: John Shelden, Cabin Safety Section,
AIR-624, Technical Policy Branch, Policy and Standards Division,
Aircraft Certification Service, Federal Aviation Administration, 2200
South 216th Street, Des Moines, Washington 98198; telephone and fax
206-231-3214; email [email protected].

SUPPLEMENTARY INFORMATION:
    The substance of these special conditions has been published in the
Federal Register for public comment in several prior instances with no
substantive comments received. Therefore, the FAA finds, pursuant to 14
CFR 11.38(b), that new comments are unlikely, and notice and comment
prior to this publication are unnecessary.

Privacy

    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in title
14, Code of Federal Regulations (14 CFR) 11.35, the FAA will post all
comments received without change to https://www.regulations.gov/,
including any personal information you provide. The FAA will also post
a report summarizing each substantive verbal contact received about
these special conditions.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to these special conditions
contain commercial or financial information that is customarily treated
as private, that you actually treat as private, and that is relevant or
responsive to these special conditions, it is important that you
clearly designate the submitted comments as CBI. Please mark each page
of your submission containing CBI as ``PROPIN.'' The FAA will treat
such marked submissions as confidential under the FOIA, and the
indicated comments will not be placed in the public docket of these
special conditions. Send submissions containing CBI to John Shelden,
Cabin Safety Section, AIR-624, Technical Policy Branch, Policy and
Standards Division, Aircraft Certification Service, Federal Aviation
Administration, 2200 South 216th Street, Des Moines, Washington 98198;
telephone and fax<PHONE_NUMBER>; email [email protected]. Comments
the FAA receives, which are not specifically designated as CBI, will be
placed in the public docket for these special conditions.

Comments Invited

    The FAA invites interested people to take part in this rulemaking
by sending written comments, data, or views. The most helpful comments
reference a specific portion of the special conditions, explain the
reason for any recommended change, and include supporting data.
    The FAA will consider all comments received by the closing date for
comments and will consider comments filed late if it is possible to do
so without incurring delay. The FAA may change these special conditions
based on the comments received.

Background

    On October 28, 2022, Boeing applied for a change to Type
Certificate No. A16WE for the installation of oblique (side-facing)
passenger seats with or without airbag devices or 3-point restraints in
the Boeing Model 737-10 series airplanes. The Boeing Model 737-10
series airplanes are twin-engine, transport category airplanes with a
maximum certified passenger capacity of up to 230, and a maximum
takeoff weight of approximately 197,900 lbs.

Type Certification Basis

    Under the provisions of title 14, Code of Federal Regulations (14
CFR) 21.101, Boeing must show that the Model 737-10 series airplanes,
as changed, continue to meet the applicable provisions of the
regulations listed in Type Certificate No. A16WE or the applicable
regulations in effect on the date of application for the change, except
for earlier amendments as agreed upon by the FAA.
    If the Administrator finds that the applicable airworthiness
regulations (e.g., 14 CFR part 25) do not contain adequate or
appropriate safety standards for the Boeing Model 737-10 series
airplane because of a novel or unusual design feature, special
conditions are prescribed under the provisions of Sec.  21.16.
    Special conditions are initially applicable to the model for which
they are issued. Should the type certificate for that model be amended
later to include any other model that incorporates the same novel or
unusual design feature, or should any other model already included on
the same type certificate be modified to incorporate the same novel or
unusual design feature, the special conditions would also apply to the
other model under Sec.  21.101.
    In addition to the applicable airworthiness regulations and special
conditions, the Boeing Model 737-10 series airplane must comply with
the exhaust-emission requirements of 14 CFR part 34, and the noise-
certification requirements of 14 CFR part 36.
    The FAA issues special conditions, as defined in 14 CFR 11.19, in
accordance with Sec.  11.38, and they become part of the type
certification basis under Sec.  21.101.

Novel or Unusual Design Features

    The Boeing Model 737-10 series airplane will incorporate a seating
configuration that is novel or unusual due to the installation of
oblique (side-facing) passenger seats and surrounding furniture that
introduces occupant alignment and loading concerns. These oblique seats
may be installed at an angle of 18 to 45 degrees to the aircraft
centerline and may include a 3-point restraint system and/or airbags,
for occupant restraint and injury protection.

Discussion

    Title 14, Code of Federal Regulations (14 CFR) 25.785(d) requires
that each occupant of a seat that makes more than an 18 degree angle
with the vertical plane containing the airplane centerline must be
protected from head injury by a safety belt and an energy absorbing
rest that will support the arms, shoulders, head, and spine, or by a
safety belt and shoulder harness that will prevent the head from
contacting any injurious object.
    The proposed Boeing Model 737-10 airplane seat installation is
novel in that the current requirements do not adequately address
protection of the occupant's neck and spine for seating configurations
that are positioned at angles greater than 18 degrees up to and
including 45 degrees from the airplane centerline. The installation of
passenger seats at angles of 18 to 45 degrees to the airplane
centerline is unique due to the seat/occupant interface with the
surrounding furniture that introduces occupant alignment/loading
concerns with or without the installation of a 3-point or airbag
restraint system, or both.

In order to provide a level of safety that is equivalent to that
afforded to occupants of forward and aft facing seating, additional
airworthiness standards, in the form of new special conditions, are
necessary.
    The FAA has been conducting and sponsoring research on appropriate
injury criteria for oblique (side-facing) seat installations. To
reflect current research findings, the FAA issued policy statement PS-
AIR-25-27. FAA-sponsored research has found that an un-restrained
flailing of the upper torso, even when the pelvis and torso are nearly
aligned, can produce serious spinal and torso injuries. At lower impact
severities, even with significant misalignment between the torso and
pelvis, these injuries did not occur. Tests with an FAA H-III
anthropomorphic test dummy (ATD) have identified a level of lumbar
spinal tension corresponding to the no-injury impact severity. This
level of tension is included as a limit in the special conditions. The
spine tension limit selected is conservative with respect to other
aviation injury criteria since it corresponds to a no-injury loading
condition.
    As noted in the special conditions for each airbag restraint
system, because an airbag restraint system is essentially a single use
device, there is the potential that it could deploy under crash
conditions that are not sufficiently severe as to require head injury
protection from the airbag restraint system. Since an actual crash is
frequently composed of a series of impacts before the airplane comes to
rest, this could render the airbag restraint system useless if a larger
impact follows the initial impact. This situation does not exist with
energy absorbing pads or upper torso restraints, which tend to provide
protection according to the severity of the impact. Therefore, the
installation of the airbag restraint system should be such that the
airbag restraint system will provide protection when it is required,
and will not expend its protection when it is not needed.
    Because these airbag restraint systems may or may not activate
during various crash conditions, the injury criteria listed in these
special conditions and in Sec.  25.562 must be met in an event that is
slightly below the activation level of the airbag restraint system. If
an airbag restraint system is included with the oblique seats, the
system must meet the requirements in one of the airbag (inflatable
restraint) special conditions applicable to the Boeing Model 737 series
airplanes. These special conditions supplement part 25 and, more
specifically, supplement Sec. Sec.  25.562 and 25.785.
    These special conditions contain the additional safety standards
that the Administrator considers necessary to establish a level of
safety equivalent to that established by the existing airworthiness
standards.

Applicability

    As discussed above, these special conditions are applicable to the
Boeing Model 737-10 series airplane. Should Boeing apply at a later
date for a change to the type certificate to include another model that
incorporates the same novel or unusual design feature, or should any
other model already included on the same type certificate be modified
to incorporate the same novel or unusual design feature, these special
conditions would apply to that model as well.

Conclusion

    This action affects only a certain novel or unusual design feature
on one model series of airplanes. It is not a rule of general
applicability.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping
requirements.

Authority Citation

    The authority citation for these special conditions is as follows:

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

The Special Conditions

0
Accordingly, pursuant to the authority delegated to me by the
Administrator, the following special conditions are issued as part of
the type certification basis for The Boeing Company Model 737-10 series
airplanes.
    In addition to the requirements of Sec.  25.562, passenger seats
installed at an angle between 18 degrees and 45 degrees from the
aircraft centerline must meet the following:

1. Head Injury Criteria (HIC)

    Compliance with Sec.  25.562(c)(5) is required, except that, if the
anthropomorphic test dummy (ATD) has no apparent contact with the seat/
structure but has contact with an airbag, a HIC unlimited score in
excess of 1000 is acceptable, provided the HIC15 score (calculated in
accordance with 49 CFR 571.208) for that contact is less than 700.

2. Body-to-Wall/Furnishing Contact

    If a seat is installed aft of structure (e.g., interior wall or
furnishings) that does not provide a homogenous contact surface for the
expected range of occupants and yaw angles, then additional analysis
and tests may be required to demonstrate that the injury criteria are
met for the area that an occupant could contact. For example, if
different yaw angles could result in different airbag device
performance, then additional analysis or separate tests may be
necessary to evaluate performance.

3. Neck Injury Criteria

    The seating system must protect the occupant from experiencing
serious neck injury. The assessment of neck injury must be conducted
with the airbag device activated, unless there is reason to also
consider that the neck-injury potential would be higher for impacts
below the airbag-device deployment threshold.
    a. The Nij (calculated in accordance with 49 CFR
571.208) must be below 1.0, where Nij = Fz/
Fzc + My/Myc, and Nij
critical values are:

    i. Fzc = 1530 lbs. for tension
    ii. Fzc = 1385 lbs. for compression
    iii. Myc = 229 lb-ft in flexion
    iv. Myc = 100 lb-ft in extension

    b. In addition, peak Fz must be below 937 lbs. in
tension and 899 lbs. in compression.
    c. Rotation of the head about its vertical axis relative to the
torso is limited to 105 degrees in either direction from forward
facing.
    d. The neck must not impact any surface that would produce
concentrated loading on the neck.

4. Spine and Torso Injury Criteria

    a. The lumbar spine tension (Fz) cannot exceed 1200 lbs.
    b. Significant concentrated loading on the occupant's spine, in the
area between the pelvis and shoulders during impact, including rebound,
is not acceptable. During this type of contact, the interval for any
rearward (X direction) acceleration exceeding 20g must be less than 3
milliseconds as measured by the thoracic instrumentation specified in
49 CFR part 572, subpart E filtered in accordance with SAE
International (SAE) recommended practice J211/1, ``Instrumentation for
Impact Test--Part 1--Electronic Instrumentation.''
    c. The occupant must not interact with the armrest or other seat
components in any manner significantly different than would be expected
for a forward-facing seat installation.

5. Pelvis Criteria

    Any part of the load-bearing portion of the bottom of the ATD
pelvis must not translate beyond the edges of the

seat bottom seat-cushion supporting structure.

6. Femur Criteria

    Axial rotation of the upper leg (about the z-axis of the femur per
SAE Recommended Practice J211/1) must be limited to 35 degrees from the
nominal seated position. Evaluation during rebound does not need to be
considered.

7. ATD and Test Conditions

    Longitudinal tests conducted to measure the injury criteria above
must be performed with the FAA Hybrid III ATD, as described in SAE
1999-01-1609, ``A Lumbar Spine Modification to the Hybrid III ATD for
Aircraft Seat Tests.'' The tests must be conducted with an undeformed
floor, at the most-critical yaw cases for injury, and with all lateral
structural supports (e.g., armrests or walls) installed.

     Note: Boeing must demonstrate that the installation of seats
via plinths or pallets meets all applicable requirements. Compliance
with the guidance contained in policy memorandum PS-ANM-100-2000-
00123, ``Guidance for Demonstrating Compliance with Seat Dynamic
Testing for Plinths and Pallets,'' dated February 2, 2000, is
acceptable to the FAA.

8. Inflatable Airbag Restraint Systems Special Conditions

    If inflatable airbag restraint systems are installed, the airbag
systems must meet the requirements in special conditions 25-386-SC, or
other airbag system special conditions which are applicable to the
Boeing Model 737 series airplanes.

    Issued in Des Moines, WA, on August 9, 2023.
Paul R. Siegmund,
Acting Manager, Technical Policy Branch, Policy and Standards Division,
Aircraft Certification Service.
[FR Doc. 2023-17403 Filed 8-14-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 244 (Friday, December 18, 2020)]
[Notices]
[Page 82474]
[FR Doc No: 2020-27888]

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ENVIRONMENTAL PROTECTION AGENCY

[ER-FRL-9054-4]

Environmental Impact Statements; Notice of Availability

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

Weekly receipt of Environmental Impact Statements (EIS)
Filed December 7, 2020 10 a.m. EST Through December 14, 2020 10 a.m.
EST
Pursuant to 40 CFR 1506.9.

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

EIS No. 20200260, Final Supplement, BR, CA, B.F. Sisk Dam Raise and
Reservoir Expansion Project, Review Period Ends: 01/19/2021, Contact:
Casandra Arthur<PHONE_NUMBER>.
EIS No. 20200261, Draft Supplement, USACE, FL, Port Everglades Harbor,
Broward County, Florida, Comment Period Ends: 02/01/2021, Contact:
Angela Dunn<PHONE_NUMBER>.

Amended Notice

EIS No. 20200210, Draft, STB, UT, Uinta Basin Railway, Comment Period
Ends: 01/28/2021, Contact: Joshua Wayland<PHONE_NUMBER>.
Revision to FR Notice Published 10/30/2020; Extending the Comment
Period from 12/14/2020 to 01/28/2021.
EIS No. 20200242, Draft, USACE, VA, Surry To Skiffes Creek to Whealton
Transmission Project, Comment Period Ends: 02/10/2021, Contact: Randy
Steffey<PHONE_NUMBER>.
Revision to FR Notice Published 11/27/2020; Extending the Comment
Period from 01/11/2021 to 02/10/2021.

    Dated: December 14, 2020.
Cindy S. Barger,
Director, NEPA Compliance Division, Office of Federal Activities.
[FR Doc. 2020-27888 Filed 12-17-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 185 (Monday, September 24, 2018)]
[Notices]
[Page 48303]
[FR Doc No: 2018-20685]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2336-094]

Georgia Power Company; Notice of Cancellation of Scoping and Site
Review

    Take notice that the scoping meetings and site review for the
following hydroelectric application are cancelled and will be
rescheduled for a future date.
    a. Type of Application: Notice of Intent to File License
Application for a New License and Commencing Pre-filing Process.
    b. Project No.: 2336-094.
    c. Dated Filed: July 3, 2018.
    d. Applicant: Georgia Power Company (Georgia Power).
    e. Name of Project: Lloyd Shoals Hydroelectric Project (Lloyd
Shoals Project, or project).
    f. Location: The project is located on the Ocmulgee River in Butts,
Henry, Jasper, and Newton Counties, Georgia. No federal lands have been
identified within the project boundary.
    g. Filed Pursuant to: 18 CFR part 5 of the Commission's
Regulations.
    h. Potential Applicant Contact: Courtenay R. O'Mara, P.E., Hydro
Licensing and Compliance Supervisor, Southern Company Generation, 241
Ralph McGill Boulevard NE, BIN 10193, Atlanta, GA 30308-3374; (404)
506-7219, or [email protected].
    i. FERC Contact: Navreet Deo at<PHONE_NUMBER>, or by email at
[email protected].
    j. Scoping Meetings: The Commission's August 20, 2018, Notice of
Commencement of Proceedings, and Commission staff's Scoping Document 1,
established September 13, 2018, as the date for the project scoping
meetings, and September 14, 2018, as the date for the environmental
site review. Due to Hurricane Florence, the Commission is postponing
the scoping meetings and site review until further notice. As soon as
new plans can be established, the Commission will issue a new notice of
scoping, along with a modification to the procedural schedule,
including revised dates for the scoping meetings and site review. The
application will be processed according to the revised schedule.

    Dated: September 12, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-20685 Filed 9-21-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 119 (Friday, June 19, 2020)]
[Notices]
[Pages 37139-37142]
[FR Doc No: 2020-13207]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-89068; File No. SR-NYSEArca-2020-37]

Self-Regulatory Organizations; NYSE Arca, Inc.; Order Approving a
Proposed Rule Change, as Modified by Amendment No. 1, To Make Certain
Changes Regarding the Investments of the PIMCO Enhanced Short Maturity
Active ESG Exchange-Traded Fund

June 15, 2020.

I. Introduction

    On April 29, 2020, NYSE Arca, Inc. (``NYSE Arca'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to make certain changes regarding the investments
of the PIMCO Enhanced Short Maturity Active ESG Exchange-Traded Fund
(``Fund''). On May 4, 2020, the Exchange filed Amendment No. 1 to the
proposed rule change, which superseded and replaced

the proposed rule change in its entirety. The proposed rule change, as
modified by Amendment No. 1, was published for comment in the Federal
Register on May 12, 2020.\3\ The Commission has received no comment
letters on the proposal. This order approves the proposed rule change,
as modified by Amendment No. 1.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 88822 (May 6, 2020),
85 FR 28061 (``Notice'').
---------------------------------------------------------------------------

I. Description of the Proposed Rule Change, as Modified by Amendment
No. 1

    The Exchange proposes certain changes, as described below,
regarding investments of the Fund. The shares (``Shares'') of the Fund
are currently listed and traded on the Exchange under Commentary .01 to
NYSE Arca Rule 8.600-E (``Managed Fund Shares'').\4\ The Fund is a
series of PIMCO ETF Trust (``Trust'').\5\ Pacific Investment Management
Company LLC is the investment adviser (``Adviser'') to the Fund.\6\
PIMCO Investments LLC is the distributor of the Shares and State Street
Bank & Trust Co. acts as the custodian and transfer agent for the Fund.
---------------------------------------------------------------------------

    \4\ The Shares commenced trading on the Exchange on December 10,
2019.
    \5\ The Exchange states that the Trust is registered under the
Investment Company Act of 1940 (``1940 Act''). On November 12, 2019,
the Trust filed with the Commission its registration statement on
Form N-1A under the Securities Act of 1933 (15 U.S.C. 77a), and
under the 1940 Act relating to the Fund (File Nos. 333-155395 and
811-22250) (``Registration Statement''). In addition, the Exchange
states that the Commission has issued an order upon which the Trust
may rely, granting certain exemptive relief under the 1940 Act. See
Investment Company Act Release No. 28993 (November 10, 2009) (File
No. 812-13571).
    \6\ The Exchange states that the Adviser is not registered as a
broker-dealer, but the Adviser is affiliated with a broker-dealer
and has implemented and will maintain a ``fire wall'' with respect
to such broker-dealer regarding access to information concerning the
composition and/or changes to the Fund's portfolio. In the event (a)
the Adviser becomes registered as a broker-dealer or newly
affiliated with one or more broker-dealers, or (b) any new adviser
or sub-adviser is a registered broker-dealer or becomes affiliated
with a broker-dealer, it will implement and maintain a fire wall
with respect to its relevant personnel or its broker-dealer
affiliate regarding access to information concerning the composition
and/or changes to the portfolio, and will be subject to procedures
designed to prevent the use and dissemination of material non-public
information regarding such portfolio.
---------------------------------------------------------------------------

A. Fund Investments

    According to the Exchange, the investment objective of the Fund is
to seek maximum current income, consistent with preservation of capital
and daily liquidity, while incorporating the Adviser's environment,
social responsibility, and governance (``ESG'') investment strategy. In
managing the Fund's portfolio, the Adviser may avoid investment in the
securities of issuers whose ESG practices are not to the Adviser's
satisfaction.
    Under normal market conditions,\7\ the Fund invests at least 80% of
its net assets in a diversified portfolio of fixed income securities of
varying maturities, which may be represented by forwards, and will
consist of the following (collectively, ``Fixed Income Instruments''):
---------------------------------------------------------------------------

    \7\ The term ``normal market conditions'' is defined in NYSE
Arca Rule 8.600-E(c)(5).
---------------------------------------------------------------------------

     Securities issued or guaranteed by the U.S. government,
its agencies, or U.S. government-sponsored entities;
     corporate debt securities of U.S. and non-U.S. issuers,
including convertible securities and corporate commercial paper;
     mortgage-backed securities (``MBS'') and other asset-
backed securities (``ABS''), including non-agency, non-government-
sponsored entity (``GSE'') and privately-issued mortgage-related and
other asset-backed securities (``Private ABS/MBS''), collateralized
bond obligations (``CBOs''), collateralized loan obligations
(``CLOs''), and other collateralized debt obligations (``CDOs''); \8\
---------------------------------------------------------------------------

    \8\ The Exchange states that ``Private ABS/MBS'' as referenced
in the filing are non-agency, non-GSE and privately-issued mortgage-
related and other asset-backed securities as stated in Commentary
.01(b)(5) to NYSE Arca Rule 8.600-E. However, the Exchange also
states that for purposes of this filing, CDOs, CBOs, and CLOs are
excluded from the term Private ABS/MBS. CDOs/CBOs/CLOs are
distinguishable from ABS because they are collateralized by bank
loans or by corporate or government fixed income securities and not
by consumer and other loans made by non-bank lenders, including
student loans.
---------------------------------------------------------------------------

     inflation-indexed bonds issued both by governments and
corporations;
     structured notes, including hybrid or ``indexed''
securities and event-linked bonds;
     bank capital and trust preferred securities;
     loan participations and assignments;
     delayed funding loans and revolving credit facilities;
     bank certificates of deposit, fixed time deposits and
bankers' acceptances;
     repurchase agreements on Fixed Income Instruments and
reverse repurchase agreements on Fixed Income Instruments;
     debt securities issued by states or local governments and
their agencies, authorities and other government-sponsored enterprises;
     obligations of non-U.S. governments or their subdivisions,
agencies and government-sponsored enterprises; and
     obligations of international agencies or supranational
entities.
    With respect to Fixed Income Instruments, the Fund may invest,
without limitation, in U.S. dollar-denominated securities and
instruments of foreign issuers and securities denominated in foreign
currencies.
    The Fund may invest in to-be-announced transactions. The Fund may
also purchase and sell securities on a when-issued, delayed delivery or
forward commitment basis. The Fund may, without limitation, seek to
obtain market exposure to the securities in which it primarily invests
by entering into a series of purchase and sale contracts or by using
other investment techniques (such as buy backs or dollar rolls).
    The Fund may also hold cash and cash equivalents.\9\
---------------------------------------------------------------------------

    \9\ For purposes of this filing, the term ``cash equivalents''
includes the short-term instruments enumerated in Commentary .01(c)
to NYSE Arca Rule 8.600-E.
---------------------------------------------------------------------------

    The Fund may invest in, to the extent permitted by Section 12(d) of
the 1940 Act or exemptive relief therefrom, other affiliated and
unaffiliated funds, such as open-end or closed-end management
investment companies, including other exchange-traded funds
(``ETFs'').\10\
---------------------------------------------------------------------------

    \10\ The Exchange states that for purposes of this filing, the
term ``ETFs'' are Investment Company Units (as described in NYSE
Arca Rule 5.2-E(j)(3)); Portfolio Depositary Receipts (as described
in NYSE Arca Rule 8.100-E); and Managed Fund Shares (as described in
NYSE Arca Rule 8.600-E). All ETFs will be listed and traded on
national securities exchanges. According to the Exchange, while the
Fund may invest in inverse ETFs, the Fund will not invest in
leveraged (e.g., 2X, -2X, 3X or -3X) ETFs.
---------------------------------------------------------------------------

B. Use of Derivatives by the Fund

    The Exchange states that the Fund may invest in forwards to (1)
provide exposure to Fixed Income Instruments, (2) enhance returns, (3)
manage portfolio duration, or (4) manage the risk of securities price
fluctuations. Investments in forwards will be made in accordance with
the 1940 Act and consistent with the Fund's investment objective and
policies. The Exchange states that, to limit the potential risk
associated with such transactions, the Fund may enter into offsetting
transactions or segregate or ``earmark'' assets determined to be liquid
by the Adviser in accordance with procedures established by the Trust's
Board of Trustees and in accordance with the 1940 Act or as permitted
by applicable Commission guidance. In addition, the Fund has included
risk disclosure in its offering documents, including leveraging
risk.\11\
---------------------------------------------------------------------------

    \11\ The Exchange states that leveraging risk is the risk that
certain transactions of the Fund, including the Fund's use of
forwards, may give rise to leverage, causing the Fund to be more
volatile than if it had not been leveraged.

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

    According to the Exchange, the Adviser believes there will be
minimal, if any, impact to the arbitrage mechanism as a result of the
Fund's use of forwards. The Exchange states that the Adviser
understands that market makers and participants should be able to value
derivatives as long as the positions are disclosed with relevant
information. Further, according to the Exchange, the Adviser believes
that the price at which Shares trade will continue to be disciplined by
arbitrage opportunities created by the ability to purchase or redeem
Shares at their net asset value (``NAV''), which the Exchange states
should ensure that Shares will not trade at a material discount or
premium in relation to their NAV.

C. Application of Generic Listing Requirements

    The Exchange states that the proposed changes described below will
result in the portfolio for the Fund not meeting all of the ``generic''
listing requirements of Commentary .01 to NYSE Arca Rule 8.600-E
applicable to the listing of Managed Fund Shares. The Exchange states
that the Fund's portfolio will meet all requirements of Commentary .01
to NYSE Arca Rule 8.600-E except for those set forth in Commentary
.01(b)(1),\12\ Commentary .01(b)(4) \13\ and Commentary .01(b)(5).\14\
---------------------------------------------------------------------------

    \12\ Commentary .01(b)(1) requires that components that in the
aggregate account for at least 75% of the fixed income weight of the
portfolio each have a minimum original principal amount outstanding
of $100 million or more.
    \13\ Commentary .01(b)(4) requires that component securities
that in aggregate account for at least 90% of the fixed income
weight of the portfolio must be either (a) from issuers that are
required to file reports pursuant to Sections 13 and 15(d) of the
Act; (b) from issuers that have a worldwide market value of its
outstanding common equity held by non-affiliates of $700 million or
more; (c) from issuers that have outstanding securities that are
notes, bonds debentures, or evidence of indebtedness having a total
remaining principal amount of at least $1 billion; (d) exempted
securities as defined in Section 3(a)(12) of the Act; or (e) from
issuers that are a government of a foreign country or a political
subdivision of a foreign country.
    \14\ Commentary .01(b)(5) provides that non-agency, non-GSE and
privately-issued mortgage-related and other asset-backed securities
components of a portfolio shall not account, in the aggregate, for
more than 20% of the weight of the portfolio.
---------------------------------------------------------------------------

    According to the Exchange, the Fund's portfolio will not comply
with the requirement in Commentary .01(b)(1) to Rule 8.600-E that
components that in the aggregate account for at least 75% of the fixed
income weight of the portfolio each shall have a minimum original
principal amount outstanding of $100 million or more. Instead, the
Exchange proposes that components, excluding Private ABS/MBS and CDOs/
CBOs/CLOs, that in the aggregate account for at least 50% of the fixed
income weight of the portfolio, each shall have a minimum original
principal amount outstanding of $50 million or more. Investments in
Private ABS/MBS and CDOs/CBOs/CLOs will not be subject to a required
minimum original principal amount outstanding.
    The Fund will not comply with the requirements in Commentary
.01(b)(4) to Rule 8.600-E that component securities that in the
aggregate account for at least 90% of the fixed income weight of the
portfolio meet one of the criteria specified in Commentary
.01(b)(4).\15\ Instead, the Exchange proposes that: (1) The Fund's
investments in fixed income securities that do not meet any of the
criteria in Commentary .01(b)(4) will not exceed 10% of the total
assets of the Fund, excluding Private ABS/MBS and CDOs/CBOs/CLOs; (2)
Private ABS/MBS, which will be limited to 20% of the Fund's total
assets, will not be required to comply with the criteria in Commentary
.01(b)(4); and (3) CDOs/CBOs/CLOs, which will be subject to a separate
limit of 20% of the Fund's total assets, will also not be required to
comply with the criteria in Commentary .01(b)(4).
---------------------------------------------------------------------------

    \15\ See supra note 13.
---------------------------------------------------------------------------

    In addition, the Exchange states that the Fund's portfolio will not
comply with the requirement in Commentary .01(b)(5) to Rule 8.600-E
that investments in non-agency, non-government sponsored entity and
privately issued mortgage-related and other asset-backed securities
(i.e., Private ABS/MBS) not account, in the aggregate, for more than
20% of the weight of the portfolio. Instead, the Fund will not invest
more than 20% of the Fund's total assets in Private ABS/MBS or more
than 20% of the Fund's total assets in U.S. or foreign CDOs/CBOs/CLOs.
    The Exchange notes that, other than Commentary .01(b)(1),
Commentary .01(b)(4), and Commentary .01(b)(5) to Rule 8.600-E, the
Fund's portfolio will meet all other requirements of Rule 8.600-E.

II. Discussion and Commission Findings

    After careful review, the Commission finds that the proposed rule
change, as modified by Amendment No. 1, is consistent with the Act and
the rules and regulations thereunder applicable to a national
securities exchange.\16\ In particular, the Commission finds that the
proposed rule change, as modified by Amendment No. 1, is consistent
with Section 6(b)(5) of the Act,\17\ which requires, among other
things, that the Exchange's rules be designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to remove impediments to and perfect the mechanism
of a free and open market and a national market system, and, in
general, to protect investors and the public interest.
---------------------------------------------------------------------------

    \16\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \17\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    According to the Exchange, other than Commentary .01(b)(1), (b)(4)
and (b)(5) to Rule 8.600-E, the Fund will meet all other requirements
of NYSE Arca Rule 8.600-E, and the Shares of the Fund will conform to
the continued listing criteria under NYSE Arca Rule 8.600-E.
    As discussed above, the Fund will not comply with the requirement
in Commentary .01(b)(1) to Rule 8.600-E that components that in the
aggregate account for at least 75% of the fixed income weight of the
portfolio each have a minimum original principal amount outstanding of
$100 million or more. Instead, the Exchange proposes that components of
the portfolio, excluding Private ABS/MBS and CDOs/CBOs/CLOs, that in
the aggregate account for at least 50% of the fixed income weight of
the portfolio, each shall have a minimum original principal amount
outstanding of $50 million or more. Private ABS/MBS and CDOs/CBOs/CLOs
will not be subject to a requirement for a minimum original principal
amount outstanding. The Exchange represents that at least 50% of the
fixed income weight of the Fund's portfolio will still be required to
have a substantial minimum original principal amount outstanding.\18\
The Exchange asserts that not subjecting Private ABS/MBS and CDOs/CBOs/
CLOs to a standard for minimum original principal amount outstanding
would allow the Fund to invest in a larger variety of Private ABS/MBS
and CDOs/CBOs/CLOs, which would help the Fund meet its investment
objective and diversify its holdings in such securities.\19\ In
addition, the Exchange states that the Adviser has represented that,
with respect to the Fund's investments in CDOs/CBOs/CLOs, the Fund will
invest principally in the

senior-most tranches of these securities, generally those with an AAA
investment rating that have first claim in the capital structure and
that have less sensitivity to the credit risk of the underlying assets
(e.g., bank loans or commercial real estate).\20\ The Commission notes
that it has previously approved the listing of other series of Managed
Fund Shares for which the fixed income weight of the portfolio does not
comply with Commentary .01(b)(1) to Rule 8.600-E.\21\
---------------------------------------------------------------------------

    \18\ See Notice, supra note 3, at 28064-65.
    \19\ See id. at 28065.
    \20\ See id.
    \21\ See, e.g., Securities Exchange Act Release No. 86841
(August 30, 2019), 84 FR 47024 (September 6, 2019) (SR-NYSEArca-
2019-38) (Order Approving a Proposed Rule Change, as Modified by
Amendments No. 1 and No. 2, To Amend the Listing Rule Applicable to
Shares of the Aware Ultra-Short Duration Enhanced Income ETF).
---------------------------------------------------------------------------

    In addition, the Fund will not comply with the requirements in
Commentary .01(b)(4) to Rule 8.600-E that component securities that in
the aggregate account for at least 90% of the fixed income weight of
the portfolio meet one of the criteria specified in Commentary
.01(b)(4).\22\ Instead, the Exchange proposes to allow up to 50% of the
Fund's portfolio to be composed of fixed income securities which would
not satisfy the criteria in Commentary .01(b)(4). Specifically, the
Exchange proposes that: (1) The Fund may invest up to 10% of its total
assets in fixed income securities that do not satisfy the criteria of
Commentary .01(b)(4), excluding Private ABS/MBS and CDOs/CBOs/CLOs; (2)
the Fund's investments in Private ABS/MBS, which may constitute up to
20% of the Fund's total assets, will not be required to satisfy the
criteria of Commentary .01(b)(4); and (3) the Fund's investments in
CDOs/CBOs/CLOs, which may constitute up to 20% of the Fund's total
assets, also will not be required to satisfy the criteria of Commentary
.01(b)(4). The Commission notes that it has previously approved the
listing of other series of Managed Fund Shares with similar investment
strategies that are permitted to hold a similar percentage of fixed
income securities that do not meet one of the criteria set forth in
Commentary.01(b)(4).\23\
---------------------------------------------------------------------------

    \22\ See supra note 13.
    \23\ See, e.g., Securities Exchange Act Release No. 87576
(November 20, 2019), 84 FR 65206 (November 26, 2019) (SR-NYSEArca-
2019-14) (Order Approving a Proposed Rule Change, as Modified by
Amendment No. 1, Relating to the Permitted Investments of the PGIM
Ultra Short Bond ETF) (``PGIM Ultra Short Bond ETF Order'').
---------------------------------------------------------------------------

    Finally, the Fund will not comply with the requirement in
Commentary .01(b)(5) to Rule 8.600-E that investments in non-agency,
non-government sponsored entity and privately issued mortgage-related
and other asset-backed securities (i.e., Private ABS/MBS) not account,
in the aggregate, for more than 20% of the weight of the portfolio.
Instead, the Fund will not invest more than 20% of the Fund's total
assets in Private ABS/MBS or more than 20% of the Fund's total assets
in U.S. or foreign CDOs/CBOs/CLOs. The Exchange believes that these
limitations will help the Fund maintain portfolio diversification and
reduce manipulation risk.\24\ In addition, the Exchange states that the
Fund's investment in CDOs/CBOs/CLOs will be subject to the Fund's
liquidity procedures as adopted by the Trust's Board of Trustees, and
the Adviser does not expect that such investments will have any
material impact on the liquidity of the Fund's investments.\25\ The
Commission notes that it has previously approved the listing of other
series of Managed Fund Shares that are permitted to hold private asset
backed and mortgage-backed securities in excess of the levels permitted
under Commentary .01(b)(5).\26\
---------------------------------------------------------------------------

    \24\ See Notice, supra note 3, at 28065.
    \25\ See id.
    \26\ See, e.g., PGIM Ultra Short Bond ETF Order, supra note 23;
Securities Exchange Act Release No. 87410 (October 28, 2019), 84 FR
58750 (November 1, 2019) (SR-NYSEArca-2019-33) (Order Approving a
Proposed Rule Change, as Modified by Amendment No. 2, Regarding
Changes to Investments of the First Trust TCW Unconstrained Plus
Bond ETF).
---------------------------------------------------------------------------

    The Exchange represents that all statements and representations
made in the filing regarding (1) the description of the portfolio
holdings or reference assets, (2) limitations on portfolio holdings or
reference assets, or (3) the applicability of Exchange listing rules
specified in the filing shall constitute continued listing requirements
for listing the Shares of the Fund on the Exchange. In addition, the
Exchange states that the issuer must notify the Exchange of any failure
by the Fund to comply with the continued listing requirements, and,
pursuant to its obligations under Section 19(g)(1) of the Act, the
Exchange will monitor \27\ for compliance with the continued listing
requirements. If the Fund is not in compliance with the applicable
listing requirements, the Exchange will commence delisting procedures
under NYSE Arca Rule 5.5-E(m).
---------------------------------------------------------------------------

    \27\ The Commission notes that certain proposals for the listing
and trading of exchange-traded products include a representation
that the exchange will ``surveil'' for compliance with the continued
listing requirements. See, e.g., Securities Exchange Act Release No.
77499 (April 1, 2016), 81 FR 20428, 20432 (April 7, 2016) (SR-BATS-
2016-04). In the context of this representation, it is the
Commission's view that ``monitor'' and ``surveil'' both mean ongoing
oversight of compliance with the continued listing requirements.
Therefore, the Commission does not view ``monitor'' as a more or
less stringent obligation than ``surveil'' with respect to the
continued listing requirements.
---------------------------------------------------------------------------

    This approval order is based on all of the Exchange's
representations, including those set forth above and in Amendment No.
1. For the foregoing reasons, the Commission finds that the proposed
rule change, as modified by Amendment No. 1, is consistent with Section
6(b)(5) of the Act \28\ and the rules and regulations thereunder
applicable to a national securities exchange.
---------------------------------------------------------------------------

    \28\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

III. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\29\ that the proposed rule change (SR-NYSEArca-2020-37), as
modified by Amendment No. 1, be, and it hereby is, approved.
---------------------------------------------------------------------------

    \29\ Id.
    \30\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\30\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-13207 Filed 6-18-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 94 (Monday, May 16, 2022)]
[Notices]
[Page 29783]
[FR Doc No: 2022-10557]

=======================================================================
-----------------------------------------------------------------------

UNIFIED CARRIER REGISTRATION PLAN

Sunshine Act; Meeting

TIME AND DATE: May 19, 2022, 11 a.m. to 1 p.m., Eastern time.

PLACE: This meeting will be accessible via conference call and via Zoom
Meeting and Screenshare. Any interested person may call (i) 1-929-205-
6099 (US Toll) or 1-669-900-6833 (US Toll) or (ii) 1-877-853-5247 (US
Toll Free) or 1-888-788-0099 (US Toll Free), Meeting ID: 922 7219 7200,
to listen and participate in this meeting. The website to participate
via Zoom Meeting and Screenshare is https://kellen.zoom.us/meeting/register/tJYvcOuppzwoGtQ6BgoDuRXJFUdjcg0GW6jg.

STATUS: This meeting will be open to the public.

MATTERS TO BE CONSIDERED: The Unified Carrier Registration Plan
Industry Advisory Subcommittee (the ``Subcommittee'') will conduct an
initial organization meeting to begin its work in developing and
implementing the Unified Carrier Registration Plan and Agreement. The
subject matter of this meeting will include:

Agenda

I. Call to Order--Industry Advisory Subcommittee Chair

    The Industry Advisory Subcommittee Chair will welcome attendees,
call the meeting to order, call roll for the Industry Advisory
Subcommittee, confirm whether a quorum is present, and facilitate self-
introductions.

II. Verification of Publication of Meeting Notice--Executive Director

    The Executive Director will verify the publication of the meeting
notice on the UCR website and distribution to the UCR contact list via
email followed by the subsequent publication of the notice in the
Federal Register.

III. Review and Approval of Subcommittee Agenda--Industry Advisory
Subcommittee Chair

For Discussion and Possible Board Action

    The proposed Agenda will be reviewed, and the Subcommittee will
consider adoption.
Ground Rules
[rtarr8] Subcommittee actions taken only in designated areas on agenda

IV. Discussion of the Role of the Subcommittee--Executive Director

    The Executive Director will discuss the statutory role of the
Subcommittee.

V. UCR Compliance and Increasing Participation--Tamara Young, UCR Board
Member

    UCR Board Member Tamara Young will discuss UCR compliance and
increasing participation.

VI. Truck Parking Initiative--Monte Wiederhold, UCR Board Member

    UCR Board Member Monte Wiederhold will discuss the truck parking
initiative.

VII. Discussion on the Value of Participation in the Industry Advisory
Subcommittee for the Motor Carrier Industry--Industry Advisory
Subcommittee Members

    Industry Advisory Subcommittee Members will discuss the value of
participation in the Industry Advisory Subcommittee for the motor
carrier industry.

VIII. Other Items--Industry Advisory Subcommittee Chair

    The Industry Advisory Subcommittee Chair will call for any other
items Subcommittee members would like to discuss.

IX. Adjournment--Industry Advisory Subcommittee Chair

    The Industry Advisory Subcommittee Chair will adjourn the meeting.
    The agenda will be available no later than 5 p.m. Eastern time, May
12, 2022 at: https://plan.ucr.gov.

CONTACT PERSON FOR MORE INFORMATION: Elizabeth Leaman, Chair, Unified
Carrier Registration Plan Board of Directors,<PHONE_NUMBER>,
[email protected].

Alex B. Leath,
Chief Legal Officer, Unified Carrier Registration Plan.
[FR Doc. 2022-10557 Filed 5-12-22; 11:15 am]
BILLING CODE 4910-YL-P


[Federal Register Volume 77, Number 243 (Tuesday, December 18, 2012)]
[Notices]
[Pages 74839-74840]
[FR Doc No: 2012-30426]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

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

Filings Instituting Proceedings

    Docket Numbers: RP12-887-000.
    Applicants: Tennessee Gas Pipeline Company, L.L.C.
    Description: Final Status Report by The Louisiana Municipal Gas
Authority on Negotiations under CP12-490, et. al.
    Filed Date: 12/11/12.
    Accession Number: 20121211-5078.
    Comments Due: 5 p.m. ET 12/24/12.

    Docket Numbers: RP13-380-000.
    Applicants: El Paso Marketing Company, L.L.C., Kinder Morgan Tejas
Pipeline LLC.
    Description: Joint Petition of El Paso Marketing Company, L.L.C.
and Kinder Morgan Tejas Pipeline LLC for Temporary Waiver of Capacity
Release Regulations and Policies.
    Filed Date: 12/11/12.
    Accession Number: 20121211-5190.
    Comments Due: 5 p.m. ET 12/18/12.

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

Filings in Existing Proceedings

    Docket Numbers: RP13-271-001.
    Applicants: Granite State Gas Transmission, Inc.
    Description: Granite State Gas Transmission, Inc. submits tariff
filing per 154.203: Compliance Filing Section 5 and Section 9 to be
effective 12/10/2012.
    Filed Date: 12/11/12.
    Accession Number: 20121211-5094.
    Comments Due: 5 p.m. ET 12/24/12.

    Docket Numbers: RP13-40-001.
    Applicants: National Grid LNG, LP.
    Description: National Grid LNG, LP submits tariff filing per
154.203: Adoption of NAESB Version 2.0--Section 34 to be effective 12/
1/2012.
    Filed Date: 12/11/12.
    Accession Number: 20121211-5048.
    Comments Due: 5 p.m. ET 12/24/12.

    Docket Numbers: RP13-73-001.
    Applicants: Stingray Pipeline Company, L.L.C.
    Description: Stingray Pipeline Company, L.L.C. submits tariff
filing per

154.203: Compliance with Order to Amend NAESB Version 2.0 Filing to be
effective 12/1/2012.
    Filed Date: 12/11/12.
    Accession Number: 20121211-5132.
    Comments Due: 5 p.m. ET 12/24/12.

    Docket Numbers: RP13-76-001.
    Applicants: Garden Banks Gas Pipeline, LLC.
    Description: Garden Banks Gas Pipeline, LLC submits tariff filing
per 154.203: Refile to comply with Order on NAESB Version 2.0 Filing to
be effective 12/1/2012.
    Filed Date: 12/11/12.
    Accession Number: 20121211-5139.
    Comments Due: 5 p.m. ET 12/24/12.

    Docket Numbers: RP13-78-001.
    Applicants: Mississippi Canyon Gas Pipeline, L.L.C.
    Description: Mississippi Canyon Gas Pipeline, L.L.C. submits tariff
filing per 154.203: Refile to comply with Order on NAESB Version 2.0
Filing to be effective 12/1/2012.
    Filed Date: 12/11/12.
    Accession Number: 20121211-5144.
    Comments Due: 5 p.m. ET 12/24/12.

    Docket Numbers: RP13-80-001.
    Applicants: Nautilus Pipeline Company, L.L.C.
    Description: Nautilus Pipeline Company, L.L.C. submits tariff
filing per 154.203: Compliance Refile for NAESB Compliance filing to be
effective 12/1/2012.
    Filed Date: 12/11/12.
    Accession Number: 20121211-5131.
    Comments Due: 5 p.m. ET 12/24/12.

    Docket Numbers: RP13-112-001.
    Applicants: Blue Lake Gas Storage Company.
    Description: Blue Lake Gas Storage Company submits tariff filing
per 154.203: RP13-112, NAESB Compliance to be effective 12/1/2012.
    Filed Date: 12/12/12.
    Accession Number: 20121212-5013.
    Comments Due: 5 p.m. ET 12/24/12.

    Any person desiring to protest in any the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR 385.211) on or before 5:00 p.m. Eastern time on the specified
comment date.
    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, and service can be found at:
http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other
information, call<PHONE_NUMBER> (toll free). For TTY, call (202) 502-
8659.

    Dated: December 12, 2012.
Nathaniel J. Davis, Sr.
Deputy Secretary.
[FR Doc. 2012-30426 Filed 12-17-12; 8:45 am]
BILLING CODE 6717-01-P