[Federal Register: April 29, 2009 (Volume 74, Number 81)]
[Notices]
[Page 19624]
[DOCID:fr29ap09-152]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Office of Hazardous Materials Safety; Notice of Delays in
Processing of Special Permits Applications

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: List of applications delayed more than 180 days.

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SUMMARY: In accordance with the requirements of 49 U.S.C. 5117(c),
PHMSA is publishing the following list of special permit applications
that have been in process for 180 days or more. The reason(s) for delay
and the expected completion date for action on each application is
provided in association with each identified application.

FOR FURTHER INFORMATION CONTACT: Delmer F. Billings, Director, Office
of Hazardous Materials Special Permits and Approvals, Pipeline and
Hazardous Materials Safety Administration, U.S. Department of
Transportation, East Building, PHH-30, 1200 New Jersey Avenue
Southeast, Washington, DC 20590-0001,<PHONE_NUMBER>.

Key to ``Reason for Delay''

    1. Awaiting additional information from applicant.
    2. Extensive public comment under review.
    3. Application is technically complex and is of significant impact
or precedent-setting and requires extensive analysis.
    4. Staff review delayed by other priority issues or volume of
special permit applications.

Meaning of Application Number Suffixes

N--New application.
M--Modification request.
PM--Party to application with modification request.

    Issued in Washington, DC, on April 21, 2009.
Delmer F. Billings,
Director, Office of Hazardous Materials, Special Permits and Approvals.

------------------------------------------------------------------------
                                                             Estimated
    Application No.         Applicant       Reason for        date of
                                               delay        completion
------------------------------------------------------------------------
                     MODIFICATION TO SPECIAL PERMITS
------------------------------------------------------------------------
14167-M...............  Trinityrai,                    4      04-30-2009
                         Dallas, TX.
8723-M................  Alaska Pacific                 1      04-30-2009
                         Powder,
                         Company,
                         Anchorage, AK.
------------------------------------------------------------------------
                     NEW SPECIAL PERMIT APPLICATIONS
------------------------------------------------------------------------
14689-N...............  Trinity                      2,3      04-30-2009
                         Industries,
                         Inc., Dallas,
                         TX.
14733-N...............  GTM                          1,3      06-30-2009
                         Technologies,
                         Inc., San
                         Francisco, CA.
14767-N...............  Commodore                      4      04-30-2009
                         Applied
                         Technologies,
                         Inc.,
                         Broomfield, CO.
14778-N...............  MetalcraftlSea-                1      05-31-2009
                         Fire Marine
                         Inc.,
                         Baltimore, MD.
14779-N...............  Corrosion                      3      06-30-2009
                         Companies Inc.,
                         Washougal, WA.
------------------------------------------------------------------------

[FR Doc. E9-9477 Filed 4-28-09; 8:45 am]

BILLING CODE 4910-60-M


1 of 2 Memo to Phase III Record Re: Phase III Entrainment Data Sent to AFPA May 27, 2004 Following is the message providing Phase III entrainment data to AFPA:

" Schwartz, Jerry" < Jerry_ Schwartz@ afandpa. org>

05/ 27/ 2004 12: 37 PM To Martha Segall/ DC/ USEPA/ US@ EPA, RobertElam@ americanchemistry. com, " Schwartz, Jerry" < Jerry_ Schwartz@ afandpa. org> cc Tom Wall/ DC/ USEPA/ US@ EPA, Maryt Smith/ DC/ USEPA/ US@ EPA, Ashley Allen/ DC/ USEPA/ US@ EPA, Pooja Parikh/ DC/ USEPA/ US@ EPA, Paul Shriner/ DC/ USEPA/ US@ EPA, " McCarthy, Meg" < Meg_ McCarthy@ afandpa. org>, " Roger Claff ( Claff@ api. org)" < Claff@ api. org> Subject RE: Section 316( b) Phase III Entrainment Data Thanks for sending this. For future reference, Meg McCarthy ( meg_ mccarthy@ afandpa. org) and Roger Claff are the coalition co chairs.

 Original Message From: Segall. Martha@ epamail. epa. gov [ mailto: Segall. Martha@ epamail. epa. gov] Sent: Thursday, May 27, 2004 12: 06 PM To: RobertElam@ americanchemistry. com; jerry_ schwartz@ afandpa. org Cc: Wall. Tom@ epamail. epa. gov; Smith. Maryt@ epamail. epa. gov; Allen. Ashley@ epamail. epa. gov; Parikh. Pooja@ epamail. epa. gov; Shriner. Paul@ epamail. epa. gov Subject: Section 316( b) Phase III Entrainment Data Bob,

Per your request, we are providing you with the entrainment data collected to support the development of the section 316( b) Phase III cooling water intake structure regulations. As we discussed, we do not currently have a final data analysis report ready for distribution, but we are glad to provide you with the preliminary data set. Attached please find two files:

Report DataSummary [ Nov2003]. pdf  Contains summary data tables PIIIEntrainment Sampling. pdf  Contains the approach used in collecting the entrainment samples I believe you had previously received the second file, but it is provided again for your conveniance and to provide some context for the data.

If you have any questions, please feel free to let us know.

Thanks,

Martha 2 of 2 P. S. Thank you for offering to distribute this information to the Cooling Water Intake Structure Coalition. If you would please let us know who the main contact person is for the Coalition, it would be greatly appreciated for future distribution of information. Also, I am going to cc Jerry Schwartz because he specifically asked for the data ( See attached file: Report  DataSummary ( Nov2003). pdf)( See attached file: PIIIEntrianment Sampling. pdf)

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Martha Segall Engineering and Analysis Division ( 4303T) Office of Science and Technology US Environmental Protection Agency 1200 Pennsylvania Ave, NW Washington, DC 20460 0001 Ph: ( 202) 566 1041 Fax: ( 202) 566 1053 email: segall. martha@ epa. gov http:// www. epa. gov/ waterscience/


[Federal Register Volume 76, Number 238 (Monday, December 12, 2011)]
[Notices]
[Pages 77281-77283]
[FR Doc No: 2011-31737]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65901; File No. SR-DTC-2011-10]

Self-Regulatory Organizations; The Depository Trust Company;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend Rules Relating to Existing Operational Arrangements Involving
Eligibility of Securities

 December 6, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ notice is hereby given that on November 25, 2011, The
Depository Trust Company (``DTC'') filed with the Securities and
Exchange Commission (``Commission'') the proposed rule change described
in Items I and II below, which items have been prepared primarily by
DTC. DTC filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) and Rule 19b-4(f)(4) thereunder so that the proposed
rule change was effective upon filing with the Commission.\2\ The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested parties.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78s(b)(3)(A)(iii) and 17 CFR 240.19b-4(f)(4).
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The purpose of this proposed rule change is to update the existing
contractual operational arrangements necessary for a securities issue
to become and remain eligible for the services at DTC.\3\
---------------------------------------------------------------------------

    \3\ The text of the proposed rule change is attached as Exhibit
5 to DTC's filing, which is available at http://www.dtcc.com/downloads/legal/rule_filings/2011/dtc/2011-10.pdf.
---------------------------------------------------------------------------

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

    In its filing with the Commission, DTC 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. DTC has prepared summaries, set forth in sections (A),
(B), and (C) below, of the most significant aspects of these
statements.\4\
---------------------------------------------------------------------------

    \4\ The Commission has modified the text of the summaries
prepared by NSCC.
---------------------------------------------------------------------------

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

(1) Purpose
    DTC's operational arrangement (``Operational Arrangement'' or
``OA'') was first published in June 1987 and subsequently updated in
June 1988, February 1992, December 1994, January 1998, May 2002, and
most recently in January 2009.\5\ The OA is designed to maximize the
number of issues of securities that may be made eligible for DTC
services and to provide for the orderly processing of such securities
and the timely payments to DTC participants. DTC's experience
demonstrates that when participants, issuers, underwriters, agents (as
such terms are defined in the DTC rules or in the OA), and their
counsel are aware of DTC's requirements, those requirements may be more
readily met. DTC is now proposing to update the OA to clarify DTC's
processes and to mitigate certain risk associated with those processes.
Additionally, DTC is proposing to make several ministerial changes,
including changes related to methods of notification, and to add
clarifying language to provide a more concise description of OA
procedures.
---------------------------------------------------------------------------

    \5\ Securities Exchange Act Release 24818 (August 19, 1987), 52
FR 31833 (August 24, 1987) (File No. SR-DTC-87-10); 25948 (July 27,
1988), 53 FR 29294 (August 3, 1988) (File No. SR-DTC-88-13); 30625
(April 30, 1992), 57 FR 18534 (April 30, 1992) (File No. SR-DTC-92-
06); 35342 (February 8, 1995), 60 FR 8434 (February 14, 1995) (File
No. SR-DTC-94-19); 39894 (April 21, 1998), 63 FR 23310 (April 28,
1998) (File No. SR-DTC-97-23); 45994 (May 29, 2002), 68 FR 35037
(June 11, 2003) (File No. SR-DTC-2002-02); 59199 (January 6, 2009),
74 FR 1266 (January 12, 2009) (File No. SR-DTC-2008-14).
---------------------------------------------------------------------------

    The primary differences between the proposed amended OA and the OA
as filed with the Commission in 2009 are as follows:
    1. Matters that were previously the subject of proposed rule change
filings with the Commission but were never incorporated into the OA:
    a. In March 2010, DTC filed with the Commission a proposed rule
change modifying the required notification method for the assumption or
termination of transfer agent services.\6\ DTC is now proposing to
update the OA to reflect those methods for notifying DTC of transfer
agency changes.
---------------------------------------------------------------------------

    \6\ Securities Exchange Release Act No. 61620 (March 1, 2010) 75
FR 10539 (March 8, 2010) (File No. SR-DTC-2010-04).
---------------------------------------------------------------------------

    b. In May 2010, DTC filed with the Commission a proposed rule
change updating DTC procedures regarding the Participant Tender Offer
Program in order to provide DTC participants with a more efficient
process for making elections regarding corporate action events which
DTC deemed appropriate for processing.\7\ DTC is now proposing to
update the OA to reflect that process.
---------------------------------------------------------------------------

    \7\ For Securities Exchange Act Release No. 62119 (May 18, 2010)
75 FR 29374 (May 25, 2010) (File No. SR-DTC-2010-08).
---------------------------------------------------------------------------

    c. In November 2010, DTC filed with the Commission a proposed rule
change to automate the approval process relating to providing trustee
access to the Security Position Report Service at the point of
eligibility.\8\ DTC is now proposing to update the OA to reflect that
process.
---------------------------------------------------------------------------

    \8\ Securities Exchange Release Act No. 63245 (November 4, 2010)
75 FR 69150 (November 10, 2010) (File No. SR-DTC-2010-10).
---------------------------------------------------------------------------

    d. In April 2011, the Commission approved a DTC proposed rule
change amending the requirements for transfer agents to maintain a
balance certificate in the Fast Automated Securities Transfer Program
(``FAST'').\9\ DTC is now proposing to update the OA to specify that
transfer agents participating in FAST that act for issues participating
in the Direct Registration System no

longer need to maintain a balance certificate.
---------------------------------------------------------------------------

    \9\ Securities Exchange Act Release No. 64191 (April 5, 2011),
76 FR 20061 (April 11, 2011) (File No. SR-DTC-2010-15).
---------------------------------------------------------------------------

    e. In August 2011, the Commission approved a DTC proposed rule
change relating to processing early redemptions of certain certificates
of deposit.\10\ DTC is now proposing to update the OA to reflect those
changes.
---------------------------------------------------------------------------

    \10\ Securities Exchange Act Release Numbers 64864 (July 12,
2011) 76 FR 42149 (July 18, 2011) (File No. SR-DTC-11-06).
---------------------------------------------------------------------------

    2. In January 2011, DTC published an Important Notice to provide
issuers and their transfer agents guidance on key criteria and
processes applicable to eligibility for book-entry delivery and
depository services.\11\ DTC is now proposing to update the OA in order
to be consistent with the Important Notice and to clarify DTC's
eligibility process.
---------------------------------------------------------------------------

    \11\ DTC Important Notice B0006-11 available at http://www.dtcc.com/downloads/legal/imp_notices/2011/dtc/set/0006-11.pdf.
---------------------------------------------------------------------------

    3. For purposes of consistency, DTC is proposing to include an
Important Legal Information Section in the OA, which adopts language
from current DTC's Rules and Procedures.
    4. The following processes in order to mitigate risk associated
with processing:
    a. DTC is proposing to require an issuer or its transfer agent
obtain a new CUSIP number from Standard & Poor's CUSIP Service Bureau
in order to facilitate the adequate processing of a corporate action
event, such as an interest payment. This change should reduce the
number of processing problems associated with corporate.
    b. DTC is proposing to add language to the OA to establish that the
record date for equity securities must coincide with the established
ex-date announced by the applicable stock exchange on which the
security is listed. Additionally, DTC is proposing to require that if a
security is listed on an exchange or trading in the secondary market,
the issuer must distribute a shareholder notice to the respective
exchange that announces the issuer's intent to effect a corporate
action. These changes are consistent with current practice and should
help mitigate risk associated with corporate actions.
    c. DTC is proposing to update the OA to require that agents send
payments of less than $1 billion in same-day funds no later than 1 p.m.
eastern time and to send payments of $1 billion or more in same day
funds no later than 12 p.m. eastern time in order to facilitate the
timely processing of payments. This change reflects the current
industry practice relating to reorganization payments.
    d. DTC is proposing to require issuer and their agents to annually
certify that their bank account numbers on DTC's records are accurate.
    e. DTC is proposing to codify established practice of requiring the
issuer or agent to provide DTC a notice of reduction in the stock
distribution or dividend amount due DTC as a result of the reduction of
treasury or repurchased shares (i.e., an issuer ``buy back'') held on
deposit by DTC on record date. As proposed, the issuer or agent will be
required to provide specified information together with the participant
or participants' confirmation letters preferable five business days but
no fewer than three business days prior to the payable date for that
security. Failure of a participant to comply with notification to DTC
to effect timely adjustments to the participant's accounts could
jeopardize the same-day distribution of payments to the participant and
beneficial owners holding through it. DTC is also proposing to add a
disincentive fee for participants that submit instructions to DTC
outside of the established timeframes.
    5. DTC is proposing to include corrections and clarifications in
the OA relating to corporate action notification and processing
requirements. These changes reflect current practice with agents and
include requirements for what needs to be provided to DTC in the event
that the terms of an offer are amended.
(2) Statutory Basis
    The proposed rule change is consistent with the requirements of the
Act and the rules and regulations thereunder applicable to DTC because
it should facilitate the prompt and accurate clearance and settlement
of securities transactions by clarifying provisions in the DTC's OA
pertaining to existing eligibility requirements and processes. In so
doing, these clarifications should in turn expedite the process of
making securities eligible for DTC services and reduce risk associated
with processing corporate reorganization events.

(B) Self-Regulatory Organization's Statement on Burden on Competition

    DTC does not believe that the proposed rule change would impose any
burden on competition.

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

    Written comments relating to the proposed rule change have not been
solicited DTC.

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

    The foregoing rule change has become effective upon filing pursuant
to Section 19(b)(3)(A)(iii) of the Act \12\ and Rule 19b-4(f)(4) \13\
thereunder because it is a change in an existing service that does not
adversely affect the safeguarding of securities or funds in the custody
or control of the clearing agency and does not significantly affect the
respective rights or obligations of the clearing agency or persons
using the service. At any time within sixty days of the filing of such
rule change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \13\ 17 CFR 240.19b-4(f)(4).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml) or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-DTC-2011-10 on the subject line.

Paper Comments

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

All submission should refer to File Number SR-DTC-2011-10. 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 Section, 100 F Street
NE., Washington, DC 20549-1090, on official business days between the
hours of 10 a.m. and 3 p.m. Copies of such filings will also be
available for inspection and copying at the principal office of NSCC
and on NSCC's Web site at http://www.dtcc.com/downloads/legal/rule_filings/2011/dtc/2011-10.pdf. 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-DTC-2011-10 and should be submitted on or before January
3, 2012.

    For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2011-31737 Filed 12-9-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 14 (Wednesday, January 22, 2014)]
[Rules and Regulations]
[Pages 3481-3483]
[FR Doc No: 2014-01090]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.

========================================================================

Federal Register / Vol. 79, No. 14 / Wednesday, January 22, 2014 /
Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-1003; Directorate Identifier 2013-NE-33-AD;
Amendment 39-17724; AD 2014-01-01]
RIN 2120-AA64

Airworthiness Directives; Turbomeca S.A. Turboshaft Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for all
Turbomeca S.A. Arrius 2F turboshaft engines. This AD requires a one-
time inspection of the ejector assembly nozzle of an affected
lubricating device and, if a discrepancy is found, removal and
replacement with a part eligible for installation. This AD was prompted
by an in-flight shutdown (IFSD) of an Arriel 1 engine. We are issuing
this AD to prevent failure of the ejector assembly nozzle, which could
lead to an IFSD of the engine, damage to the engine, and damage to the
helicopter.

DATES: This AD becomes effective February 6, 2014.
    We must receive comments on this AD by March 10, 2014.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of February 6,
2014.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: U.S. Department of Transportation, 1200 New Jersey
Avenue SE., West Building Ground Floor, Room W12-140, Washington, DC
20590-0001.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.
    For service information identified in this AD, contact Turbomeca,
S.A., 40220 Tarnos, France; phone: 33 (0)5 59 74 40 00; telex: 570 042;
fax: 33 (0)5 59 74 45 15. You may view this service information at the
FAA, Engine & Propeller Directorate, 12 New England Executive Park,
Burlington, MA 01803. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2013-
1003; or in person at the Docket Operations office between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the mandatory continuing airworthiness information
(MCAI), the regulatory evaluation, any comments received, and other
information. The street address for the Docket Operations office
(phone:<PHONE_NUMBER>) is the same as the Mail address provided in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.

FOR FURTHER INFORMATION CONTACT: Frederick Zink, Aerospace Engineer,
Engine Certification Office, FAA, Engine & Propeller Directorate, 12
New England Executive Park, Burlington, MA 01803; phone:<PHONE_NUMBER>;
fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2013-0243, dated October 1, 2013 (referred to
herein after as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:

    An in-flight shutdown (IFSD) occurred on an ARRIEL 1 engine, as
a result of incorrect bonding of the nozzle on the ejector assembly
fitted to the engine. The subsequent technical investigation
concluded that ARRIUS 2F engines are also potentially affected and
it was possible to identify a batch of parts that could have this
non-conformity.
    This condition, if not detected and corrected, could lead to
further cases of IFSD, possibly resulting in forced landing.

Failure to address this condition may lead to an emergency landing and
subsequent damage to the helicopter. You may obtain further information
by examining the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating it in Docket No. FAA-
2013-1003.

Relevant Service Information

    Turbomeca S.A. has issued MSB No. 319 79 4835, Version A, dated May
22, 2013. The actions described in this service information are
intended to correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This AD

    This product has been approved by the aviation authority of France
and is approved for operation in the United States. Pursuant to our
bilateral agreement with the European Community, EASA has notified us
of the unsafe condition described in the MCAI and service information
referenced above. We are proposing this AD because we evaluated all
information provided by EASA and determined the unsafe condition exists
and is likely to exist or develop on other products of the same type
design. This proposed AD would require a one-time inspection of the
nozzle of the ejector assembly of all Turbomeca S.A. Arrius 2F
turboshaft engines and, if a discrepancy is found, removal of the
ejector assembly or the affected lubricating device and its replacement
with a part eligible for installation.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because of
the short compliance time requirement. Therefore, we find that notice
and opportunity for public comment before issuing this AD are
impracticable and that good cause exists for making this amendment
effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2013-1003; Directorate
Identifier 2013-NE-33-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD because of
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact
with FAA personnel concerning this AD. Using the search function of the
Web site, anyone can find and read the comments in any of our dockets,
including, if provided, the name of the individual who sent the comment
(or signed the comment on behalf of an association, business, labor
union, etc.). You may review the DOT's complete Privacy Act Statement
in the Federal Register published on April 11, 2000 (65 FR 19477-78).

Costs of Compliance

    We estimate that this AD will affect about 27 engines installed on
aircraft of U.S. registry. We also estimate that it will take about 1
hour per engine to comply with this AD. The average labor rate is $85
per hour. Required parts cost about $526 per engine. Based on these
figures, we estimate the cost of this AD on U.S. operators to be
$16,497.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2014-01-01 Turbomeca S.A.: Amendment 39-17724; Docket No. FAA-2013-
1003; Directorate Identifier 2013-NE-33-AD.

(a) Effective Date

    This AD is effective February 6, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Turbomeca S.A. Arrius 2F turboshaft
engines.

(d) Reason

    This AD was prompted by an in-flight shutdown (IFSD) of an
Arriel 1 engine as a result of incorrect bonding of the nozzle on
the ejector assembly fitted to the engine. We are issuing this AD to
prevent failure of the ejector assembly nozzle, which could lead to
an IFSD of the engine, damage to the engine, and damage to the
helicopter.

(e) Actions and Compliance

    Comply with this AD within the compliance times specified,
unless already done.
    (1) For engines equipped with a lubricating device having a
serial number (S/N) listed in Figure 1 to paragraph (e) of this AD,
within 30 days after the effective date of this AD, inspect the
nozzle of the ejector assembly and the tightening torque. Use
paragraph 6.B.(2)(b)2 through 6.B.(2)(c)4.2, excluding paragraph
6.B.(2)(b)4, of Turbomeca Mandatory Service Bulletin (MSB) No. 319
79 4835, Version A, dated May 22, 2013, to do your inspection.
    (2) For any part that fails the inspection required by paragraph
(e)(1) of this AD, before further flight, remove and replace the
failed part with a part eligible for installation.

    Figure 1 to Paragraph (e)--S/N's of Affected Lubricating Devices
------------------------------------------------------------------------

------------------------------------------------------------------------
                                  S/N's
------------------------------------------------------------------------
105M.............................  108M..............  109M
112B.............................  120...............  122B
129M.............................  134B..............  138B
141M.............................  142B..............  147M
149B.............................  210M..............  231
247..............................  254...............  266M
270..............................  292M..............  333M
443M.............................  445M..............  467M
479M.............................  526M..............  563M
------------------------------------------------------------------------

(f) Installation Prohibition

    After the effective date of this AD, do not install onto any
engine a nozzle ejector assembly subject to this AD, or install any
engine onto any helicopter if the engine has an ejector assembly
containing a lubricating device with an S/N listed in Figure 1 to
paragraph (e) of this AD, unless the engine has been inspected per
the requirements of paragraph (e) of this AD.

(g) Alternative Methods of Compliance (AMOCs)

    The Manager, Engine Certification Office, FAA, may approve AMOCs
to this AD. Use the procedures found in 14 CFR 39.19 to make your
request.

(h) Related Information

    (1) For more information about this AD, contact Frederick Zink,
Aerospace Engineer, Engine Certification Office, FAA, Engine &
Propeller Directorate, 12 New England Executive Park, Burlington, MA
01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) Refer to MCAI European Aviation Safety Agency AD 2013-0243,
dated October 1, 2013. You may examine the MCAI in the AD docket on
the Internet at http://

www.regulations.gov by searching for and locating it in Docket No.
FAA-2013-1003.
    (3) Turbomeca S.A. Arrius 2F Technical Instruction No. 319 79
4831, Revision No. 01, dated May 30, 2011, which is not incorporated
by reference in this AD, pertains to the subject of this AD and can
be obtained from Turbomeca S.A. using the contact information in
paragraph (i)(3) of this AD.

(i) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Turbomeca S.A. Mandatory Service Bulletin No. 319 79 4835,
Version A, dated May 22, 2013.
    (ii) Reserved.
    (3) For Turbomeca service information identified in this AD,
contact Turbomeca, S.A., 40220 Tarnos, France; phone: 33 (0)5 59 74
40 00; telex: 570 042; fax: 33 (0)5 59 74 45 15.
    (4) You may view this service information at FAA, Engine &
Propeller Directorate, 12 New England Executive Park, Burlington,
MA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.
    (5) You may view this service information at the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call<PHONE_NUMBER>, or go to:
http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Burlington, Massachusetts, on January 2, 2014.
Colleen M. D'Alessandro,
Assistant Directorate Manager, Engine & Propeller Directorate, Aircraft
Certification Service.
[FR Doc. 2014-01090 Filed 1-21-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 92 (Tuesday, May 13, 2014)]
[Rules and Regulations]
[Pages 27178-27179]
[FR Doc No: 2014-10866]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2013-0595; Airspace Docket No. 13-ACE-10]

Amendment of Class E Airspace; Albion, NE

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Class E airspace at Albion, NE.
Decommissioning of the Alaby non-directional radio beacon (NDB) at
Albion Municipal Airport has made reconfiguration necessary for
standard instrument approach procedures and for the safety and
management of Instrument Flight Rule (IFR) operations at the airport.

DATES: Effective date: 0901 UTC, July 24, 2014. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR Part 51, subject to the annual revision of FAA Order 7400.9 and
publication of conforming amendments.

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

SUPPLEMENTARY INFORMATION:

History

    On February 28, 2014, the FAA published in the Federal Register a
notice of proposed rulemaking (NPRM) to amend Class E airspace for the
Albion, NE., area, modifying controlled airspace at Albion Municipal
Airport (79 FR 11360) Docket No. FAA-2013-0595. Interested parties were
invited to participate in this rulemaking effort by submitting written
comments on the proposal to the FAA. No comments were received. Class E
airspace designations are published in paragraph 6005 of FAA Order
7400.9X dated August 7, 2013, and effective September 15, 2013, which
is incorporated by reference in 14 CFR 71.1. The Class E airspace
designations listed in this document will be published subsequently in
the Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
Part 71 by amending Class E airspace extending upward from 700 feet
above the surface for standard instrument approach procedures at Albion
Municipal Airport, Albion, NE. Airspace reconfiguration is necessary
due to the decommissioning of the Alaby NDB and the cancellation of the
NDB approach. The segment southeast of the airport is now within 2.6
miles each side of the 159[deg] bearing from the airport. Controlled
airspace is necessary for the safety and management of IFR operations
at the airport.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this regulation: (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 only affects air traffic procedures and air navigation, it is
certified that this rule, when promulgated, does not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, Section 106, describes
the authority of the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends controlled airspace at Albion Municipal Airport, Albion,
NE.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1E, ``Environmental Impacts: Policies and
Procedures,'' paragraph 311a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 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 14 CFR part 71 continues to read as
follows:

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9X, Airspace Designations and
Reporting Points, dated August 7, 2013, and effective September 15,
2013, is amended as follows:

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

* * * * *

ACE NE E5 Albion, NE [Amended]

Albion Municipal Airport, NE
    (Lat. 41[deg]43'43'' N., long. 98[deg]03'21'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of Albion Municipal Airport, and within 2.6
miles each side of the 159[deg] bearing from the airport extending
from the 6.5-mile radius to 7 miles southeast of the airport.

    Issued in Fort Worth, Texas, on May 5, 2014.
Kent M. Wheeler,
Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2014-10866 Filed 5-12-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 143 (Monday, July 27, 2015)]
[Notices]
[Pages 44406-44410]
[FR Doc No: 2015-18275]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75499; File No. SR-NASDAQ-2015-036]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Order
Granting Approval of Proposed Rule Change, as Modified by Amendments
Nos. 1 and 2 Thereto, Relating to the Listing and Trading of the Shares
of 18 Eaton Vance NextShares ETMFs of Either the Eaton Vance ETMF Trust
or the Eaton Vance ETMF Trust II

July 21, 2015.

I. Introduction

    On April 10, 2015, The NASDAQ Stock Market LLC (``Nasdaq'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to list and trade the shares (``Shares'') of the
following 18 exchange-traded managed funds: Eaton Vance Balanced
NextSharesTM; Eaton Vance Global Dividend Income
NextSharesTM; Eaton Vance Growth NextSharesTM;
Eaton Vance Large-Cap Value NextSharesTM; Eaton Vance
Richard Bernstein All Asset Strategy NextSharesTM; Eaton
Vance Richard Bernstein Equity Strategy NextSharesTM; Eaton
Vance Small-Cap

NextSharesTM; Eaton Vance Stock NextSharesTM;
Parametric Emerging Markets NextSharesTM; Parametric
International Equity NextSharesTM; Eaton Vance Bond
NextSharesTM; Eaton Vance TABS 5-to-15 Year Laddered
Municipal Bond NextSharesTM; Eaton Vance Floating-Rate &
High Income NextSharesTM; Eaton Vance Global Macro Absolute
Return NextSharesTM; Eaton Vance Government Obligations
NextSharesTM; Eaton Vance High Income Opportunities
NextSharesTM; Eaton Vance High Yield Municipal Income
NextSharesTM; and Eaton Vance National Municipal Income
NextSharesTM (individually ``Fund,'' and collectively,
``Funds''). On April 21, 2015, the Exchange filed Amendments Nos. 1 and
2 to the proposal.\3\ The proposed rule change, as modified by
Amendments Nos. 1 and 2 thereto, was published for comment in the
Federal Register on April 29, 2015.\4\ On June 8, 2015, pursuant to
Section 19(b)(2) of the Act,\5\ the Commission designated a longer
period within which to either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether to disapprove the proposed rule change.\6\ The
Commission received no comments on the proposed rule change. This order
grants approval of the proposed rule change, as modified by Amendments
Nos. 1 and 2 thereto.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Amendment No. 1 amended and replaced the proposed rule
change in its entirety. Amendment No. 2 subsequently amended the
proposal to include a new footnote to reflect a Web site reference.
    \4\ See Securities Exchange Act Release No. 74797 (Apr. 23,
2015), 80 FR 23831 (``Notice'').
    \5\ 15 U.S.C. 78s(b)(2).
    \6\ See Securities Exchange Act Release No. 75121, 80 FR 34184
(Jun. 15, 2015). The Commission determined that it was appropriate
to designate a longer period within which to take action on the
proposed rule change so that it has sufficient time to consider the
proposed rule change and the comments received. Accordingly, the
Commission designated July 28, 2015 as the date by which it should
approve, disapprove, or institute proceedings to determine whether
to disapprove the proposed rule change.
---------------------------------------------------------------------------

II. Description of Proposed Rule Change

    The Exchange proposes to list and trade the Shares pursuant to
Nasdaq Rule 5745, which governs the listing and trading of Exchange-
Traded Managed Fund Shares, as defined in Nasdaq Rule 5745(c)(1).\7\
Each Fund is a series of either Eaton Vance ETMF Trust or Eaton Vance
ETMF Trust II (individually ``Trust,'' and collectively,
``Trusts'').\8\ Each Trust is registered with the Commission as an
open-end investment company and has filed a registration statement on
Form N-1A (``Registration Statements'') with the Commission.\9\
---------------------------------------------------------------------------

    \7\ The Funds would be the first exchange-traded managed funds
to be listed on the Exchange.
    \8\ According to the Exchange, the Trusts and affiliates of the
Trusts have obtained exemptive relief under the Investment Company
Act of 1940 (``1940 Act''). See Investment Company Act Release No.
31361 (Dec. 2, 2014) (File No. 812-14139). The Exchange represents
that, in compliance with Nasdaq Rule 5745(b)(5), which applies to
Shares based on an international or global portfolio, the
application for exemptive relief under the 1940 Act states that the
Funds will comply with the federal securities laws in accepting
securities for deposits and satisfying redemptions with securities,
including that the securities accepted for deposits and the
securities used to satisfy redemption requests are sold in
transactions that would be exempt from registration under the
Securities Act of 1933, as amended.
    \9\ See Registration Statements on Form N-1A for the Eaton Vance
NextShares Trust dated April 9, 2015 (File Nos. 333-197733 and 811-
22982) and for the Eaton Vance NextShares Trust II dated April 9,
2015 (File Nos. 333-197734 and 811-22983).
---------------------------------------------------------------------------

    Eaton Vance Management will be the investment adviser (``Adviser'')
to the Funds. Foreside Fund Services, LLC will be the principal
underwriter and distributor of each Fund's Shares. State Street Bank
and Trust Company will act as the administrator, accounting agent,
custodian, and transfer agent to the Funds. Interactive Data
Corporation will be the intraday indicative value calculator to the
Funds.
    The Exchange has made the following representations and statements
in describing the Funds.\10\
---------------------------------------------------------------------------

    \10\ The Commission notes that additional information regarding
the Trusts, the Funds, and the Shares, including investment
strategies, risks, creation and redemption procedures, calculation
of net asset value (``NAV''), fees, distributions, and taxes, among
other things, can be found in the Notice and Registration
Statements, as applicable. See supra notes 4 and 9, respectively.
---------------------------------------------------------------------------

A. Principal Investment Strategies of the Funds

    According to the Exchange, each Fund will be actively managed and
will pursue the various principal investment strategies described
below.\11\
---------------------------------------------------------------------------

    \11\ According to the Exchange, additional information regarding
the Funds also will be available on the public Web site for the
Funds.
---------------------------------------------------------------------------

1. Eaton Vance Balanced NextSharesTM
    The investment objective of this Fund is to provide current income
and long-term growth of capital. The Fund normally will invest between
50% and 75% of its net assets in equity securities and between 25% and
50% of its net assets in fixed-income securities.
2. Eaton Vance Global Dividend Income NextSharesTM
    The investment objective of this Fund is to provide current income
and long-term growth of capital. The Fund normally will invest
primarily in common stocks and, in the adviser's discretion, preferred
stocks of U.S. and foreign companies that pay dividends.
3. Eaton Vance Growth NextSharesTM
    The investment objective of this Fund is total return. The Fund
will invest in a broadly diversified selection of equity securities,
seeking companies with above-average growth and financial strength.
Under normal market conditions, the Fund will invest primarily in
large-cap companies.
4. Eaton Vance Large-Cap Value NextSharesTM
    The investment objective of this Fund is total return. Under normal
market conditions, the Fund will invest primarily in value stocks of
large-cap companies.
5. Eaton Vance Richard Bernstein All Asset Strategy
NextSharesTM
    The investment objective of this Fund is total return. In seeking
its investment objective, the Fund will have flexibility to allocate
its assets in markets around the world and among various asset classes,
including equity, fixed-income, commodity, currency and cash
investments.
6. Eaton Vance Richard Bernstein Equity Strategy
NextSharesTM
    The investment objective of this Fund is total return. Under normal
market conditions, the Fund will invest primarily in equity securities
and derivative instruments that provide exposure to equity securities.
7. Eaton Vance Small-Cap NextSharesTM
    The investment objective of this Fund is long-term capital
appreciation. The Fund normally will invest primarily in equity
securities of small-cap companies.
8. Eaton Vance Stock NextSharesTM
    The investment objective of this Fund is to achieve long-term
capital appreciation by investing in a diversified portfolio of equity
securities. The Fund normally will invest primarily in a diversified
portfolio of common stocks.
9. Parametric Emerging Markets NextSharesTM
    The investment objective of this Fund is long-term capital
appreciation. The Fund normally will invest primarily in equity
securities of companies located in emerging market countries.
10. Parametric International Equity NextSharesTM
    The investment objective of this Fund is long-term capital
appreciation. The

Fund normally will invest primarily in companies domiciled in developed
markets outside of the United States, including securities trading in
the form of depositary receipts.
11. Eaton Vance Bond NextSharesTM
    The investment objective of this Fund is total return. The Fund
normally will invest primarily in bonds and other fixed and floating-
rate income instruments.
12. Eaton Vance TABS 5-to-15 Year Laddered Municipal Bond
NextSharesTM
    The investment objective of this Fund is to provide current income
exempt from regular federal income tax. The Fund normally will invest
primarily in municipal obligations with remaining maturities of between
5 and 15 years, the interest on which is exempt from regular federal
income tax.
13. Eaton Vance Floating-Rate & High Income NextSharesTM
    The investment objective of this Fund is to provide a high level of
current income. The Fund normally will invest primarily in a
combination of income-producing floating rate loans and other floating
rate debt securities and high-yield corporate bonds.
14. Eaton Vance Global Macro Absolute Return NextSharesTM
    The investment objective of this Fund is total return. The Fund
will seek its investment objective by investing in securities,
derivatives and other instruments to establish long and short
investment exposures around the world.
15. Eaton Vance Government Obligations NextSharesTM
    The investment objective of this Fund is to provide a high current
return. The Fund normally will invest primarily in securities issued,
backed or otherwise guaranteed by the U.S. Government, its agencies or
instrumentalities.
16. Eaton Vance High Income Opportunities NextSharesTM
    The primary investment objective of this Fund is to provide a high
level of current income. The Fund will seek growth of capital as a
secondary investment objective. The Fund normally will invest primarily
in fixed-income securities, including preferred stocks, senior and
subordinated floating rate loans, and convertible securities.
17. Eaton Vance High Yield Municipal Income NextSharesTM
    The investment objective of this Fund is to provide high current
income exempt from regular federal income tax. The Fund normally will
invest primarily in municipal obligations, the interest on which is
exempt from regular federal income tax.
18. Eaton Vance National Municipal Income NextSharesTM
    The investment objective of this Fund is to provide current income
exempt from regular federal income tax. The Fund normally will invest
primarily in municipal obligations, the interest on which is exempt
from regular federal income tax.

B. Portfolio Disclosure

    Consistent with the disclosure requirements that apply to
traditional open-end investment companies, a complete list of current
Fund portfolio positions will be made available at least once each
calendar quarter, with a reporting lag of not more than 60 days. Funds
may provide more frequent disclosures of portfolio positions at their
discretion.

C. Intraday Indicative Value

    For each series of Shares, an estimated value of an individual
Share, defined in Nasdaq Rule 5745(c)(2) as the ``Intraday Indicative
Value,'' will be calculated and disseminated at intervals of not more
than 15 minutes throughout the Regular Market Session \12\ when Shares
trade on the Exchange. The Exchange will obtain a representation from
the issuer of the Shares that the Intraday Indicative Value will be
calculated on an intraday basis and provided to Nasdaq for
dissemination via the Nasdaq Global Index Service (``GIDS''). The
Intraday Indicative Value will be based on current information
regarding the value of the securities and other assets held by a
Fund.\13\ The purpose of the Intraday Indicative Value is to enable
investors to estimate the next-determined NAV so they can determine the
number of Shares to buy or sell if they want to transact in an
approximate dollar amount (e.g., if an investor wants to acquire
approximately $5,000 of a Fund, how many Shares should the investor
buy?).\14\
---------------------------------------------------------------------------

    \12\ See Nasdaq Rule 4120(b)(4) (describing the three trading
sessions on the Exchange: (1) Pre-Market Session from 4 a.m. to 9:30
a.m. E.T.; (2) Regular Market Session from 9:30 a.m. to 4 p.m. or
4:15 p.m. E.T.; and (3) Post-Market Session from 4 p.m. or 4:15 p.m.
to 8 p.m. E.T.).
    \13\ The Intraday Indicative Value disseminated throughout each
trading day would be based on the same portfolio as used to
calculate that day's NAV. Funds will reflect purchases and sales of
portfolio positions in their NAV the next business day after trades
are executed.
    \14\ Because, in NAV-Based Trading, prices of executed trades
are not determined until the reference NAV is calculated, buyers and
sellers of Shares during the trading day will not know the final
value of their purchases and sales until the end of the trading day.
A Fund's Registration Statement, Web site and any advertising or
marketing materials will include prominent disclosure of this fact.
Although Intraday Indicative Values may provide useful estimates of
the value of intraday trades, they cannot be used to calculate with
precision the dollar value of the Shares to be bought or sold.
---------------------------------------------------------------------------

D. NAV-Based Trading

    Shares will be purchased and sold in the secondary market at prices
directly linked to the Fund's next-determined NAV using a new trading
protocol called ``NAV-Based Trading.'' All bids, offers, and execution
prices of Shares will be expressed as a premium/discount (which may be
zero) to the Fund's next-determined NAV (e.g., NAV-$0.01,
NAV+$0.01).\15\ A Fund's NAV will be determined each business day,
normally as of 4:00 p.m. Eastern Time. Trade executions will be binding
at the time orders are matched on Nasdaq's facilities, with the
transaction prices contingent upon the determination of NAV. Nasdaq
represents that all Shares listed on the Exchange will have a unique
identifier associated with their ticker symbols, which will indicate
that the Shares are traded using NAV-Based Trading.
---------------------------------------------------------------------------

    \15\ According to the Exchange, the premium or discount to NAV
at which Share prices are quoted and transactions are executed will
vary depending on market factors, including the balance of supply
and demand for Shares among investors, transaction fees and other
costs in connection with creating and redeeming creation units of
Shares, the cost and availability of borrowing Shares, competition
among market makers, the Share inventory positions and inventory
strategies of market makers, the profitability requirements and
business objectives of market makers, and the volume of Share
trading.
---------------------------------------------------------------------------

    According to the Exchange, member firms will utilize certain
existing order types and interfaces to transmit Share bids and offers
to Nasdaq, which will process Share trades like trades in shares of
other listed securities.\16\ In the systems used to transmit and
process transactions in Shares, a Fund's next-determined NAV will be
represented by a proxy price (e.g., 100.00) and a premium/discount of a
stated amount to the next-determined NAV to be represented by the same
increment/decrement from the proxy price used to denote NAV (e.g., NAV-
$0.01 would be represented as 99.99; NAV+$0.01 as 100.01).
---------------------------------------------------------------------------

    \16\ According to the Exchange, all orders to buy or sell Shares
that are not executed on the day the order is submitted will be
automatically cancelled as of the close of trading on such day.
Prior to the commencement of trading in a Fund, the Exchange will
inform its members in an Information Circular of the effect of this
characteristic on existing order types.
---------------------------------------------------------------------------

    To avoid potential investor confusion, Nasdaq represents that it
will work with

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

III. Discussion and Commission Findings

    After careful review, the Commission finds that the Exchange's
proposal to list and trade the Shares is consistent with the Act and
the rules and regulations thereunder applicable to a national
securities exchange.\17\ In particular, the Commission finds that the
proposed rule change is consistent with Section 6(b)(5) of the Act,\18\
which requires, among other things, that the Exchange's rules be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in facilitating transactions in
securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general, to
protect investors and the public interest.
---------------------------------------------------------------------------

    \17\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \18\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Shares will be subject to Rule 5745, which sets forth the
initial and continued listing criteria applicable to Exchange-Traded
Managed Fund Shares. A minimum of 50,000 Shares and no less than two
creation units of each Fund will be outstanding at the commencement of
trading on the Exchange. The Shares are deemed to be equity securities,
thus rendering trading in the Shares subject to the Exchange's existing
rules governing the trading of equity securities.
    Nasdaq represents that trading in the Shares will be subject to the
existing trading surveillances, administered by both Nasdaq and the
Financial Industry Regulatory Authority (``FINRA'') on behalf of the
Exchange, which are designed to detect violations of Exchange rules and
applicable federal securities laws.\19\ The Exchange represents that
its surveillance procedures are adequate to properly monitor Exchange
trading of the Shares and to deter and detect violations of Exchange
rules and applicable federal securities laws. FINRA, on behalf of the
Exchange, will communicate as needed with other markets and other
entities that are members of the Intermarket Surveillance Group
(``ISG'') regarding trading in Shares, and in exchange-traded
securities and instruments held by the Funds (to the extent such
exchange-traded securities and instruments are known through the
publication of the Composition File and periodic public disclosures of
a Fund's portfolio holdings), and FINRA may obtain trading information
regarding such trading from other markets and other entities. In
addition, the Exchange may obtain information regarding trading in
Shares, and in exchange-traded securities and instruments held by the
Funds (to the extent such exchange-traded securities and instruments
are known through the publication of the Composition File and periodic
public disclosures of a Fund's portfolio holdings), from markets and
other entities that are members of ISG, which includes securities and
futures exchanges, or with which the Exchange has in place a
comprehensive surveillance sharing agreement.
---------------------------------------------------------------------------

    \19\ The Exchange states that FINRA surveils trading on the
Exchange pursuant to a regulatory services agreement, and that the
Exchange is responsible for FINRA's performance under this
regulatory services agreement.
---------------------------------------------------------------------------

    Prior to the commencement of trading, the Exchange will inform its
members in an Information Circular of the special characteristics and
risks associated with trading the Shares. Specifically, the Information
Circular will discuss the following: (a) The procedures for purchases
and redemptions of Shares in creation units (and that Shares are not
individually redeemable); (b) Nasdaq Rule 2111A, which imposes
suitability obligations on Nasdaq members with respect to recommending
transactions in the Shares to customers; (c) the dissemination of
information regarding the Intraday Indicative Value and Composition
File; (d) the requirement that members deliver a prospectus to
investors purchasing Shares prior to or concurrently with the
confirmation of a transaction; and (e) information regarding NAV-Based
Trading protocols.
    The Information Circular also will identify the specific Nasdaq
data feeds from which intraday Share prices in proxy price format may
be obtained. As noted above, all orders to buy or sell Shares that are
not executed on the day the order is submitted will be automatically
cancelled as of the close of trading on such day. The Information
Circular will discuss the effect of this characteristic on existing
order types. In addition, Nasdaq intends to provide its members with a
detailed explanation of NAV-Based Trading through a Trading Alert
issued prior to the commencement of trading in Shares on the Exchange.
    Nasdaq represents that the Adviser is affiliated with a broker-
dealer and has implemented a fire wall with respect to its broker-
dealer affiliate regarding access to information concerning the
composition and/or changes to each Fund's portfolio. In the event (a)
the Adviser registers as a broker-dealer or becomes newly affiliated
with a broker-dealer, or (b) any new adviser or a sub-adviser to a Fund
is a registered broker-dealer or becomes affiliated with a broker-
dealer, the applicable entity will implement a fire wall with respect
to its relevant personnel and/or such broker-dealer affiliate, as the
case may be, regarding access to information concerning the composition
and/or changes to the relevant Fund's portfolio, and will be subject to
procedures designed to prevent the use and dissemination of material
non-public information regarding such portfolio.
    The Commission also finds that the proposal to list and trade the
Shares on the Exchange is consistent with Section 11A(a)(1)(C)(iii) of
the Act,\20\ which sets forth Congress' finding that it is in the
public interest and appropriate for the protection of investors and the
maintenance of fair and orderly markets to assure the availability to
brokers, dealers, and investors of information with respect to
quotations for, and transactions in, securities. Information regarding
NAV-based trading prices, best bids and offers for Shares, and volume
of the Shares traded will be continually available on a real-time basis
throughout the day on brokers' computer screens and other electronic
services. All bids and offers for Shares and all Share trade executions
will be

reported intraday in real time by the Exchange to the Consolidated Tape
and separately disseminated to member firms and market data services
through the Exchange data feeds. Once a Fund's daily NAV has been
calculated and disseminated, Nasdaq will price each Share trade entered
into during the day at the Fund's NAV plus/minus the trade's executed
premium/discount. Using the final trade price, each executed Share
trade will then be disseminated to member firms and market data
services via an FTP file \21\ to be created for exchange-traded managed
funds and confirmed to the member firms participating in the trade to
supplement the previously provided information to include final
pricing.
---------------------------------------------------------------------------

    \20\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
    \21\ According to Nasdaq, File Transfer Protocol (``FTP'') is a
standard network protocol used to transfer computer files on the
Internet. Nasdaq will arrange for the daily dissemination of an FTP
file with executed Share trades to member firms and market data
services.
---------------------------------------------------------------------------

    Prior to the commencement of market trading in Shares, each Fund
will be required to establish and maintain a public Web site through
which its current prospectus may be downloaded. The Web site will
include the prior business day's NAV, and the following trading
information for such business day expressed as premiums/discounts to
NAV: (a) Intraday high, low, average and closing prices of Shares in
Exchange trading; (b) the midpoint of the highest bid and lowest offer
prices as of the close of Exchange trading, expressed as a premium/
discount to NAV (the ``Closing Bid/Ask Midpoint''); and (c) the spread
between highest bid and lowest offer prices as of the close of Exchange
trading (the ``Closing Bid/Ask Spread.''). The Web site will also
contain charts showing the frequency distribution and range of values
of trading prices, Closing Bid/Ask Midpoints and Closing Bid/Ask
Spreads over time.
    This approval order is based on all of the Exchange's
representations, including those set forth above and in the Notice,\22\
and the Exchange's description of the Funds. The Commission notes that
the Funds and the Shares must comply with the requirements of Nasdaq
Rule 5745 to be listed and traded on the Exchange.
---------------------------------------------------------------------------

    \22\ See supra note 4.
---------------------------------------------------------------------------

    For the foregoing reasons, the Commission finds that the proposed
rule change, as modified by Amendments Nos. 1 and 2 thereto, is
consistent with Section 6(b)(5) of the Act \23\ and the rules and
regulations thereunder applicable to a national securities exchange.
---------------------------------------------------------------------------

    \23\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\24\ that the proposed rule change (SR-NASDAQ-2015-036), as
modified by Amendments Nos. 1 and 2 thereto, be, and it hereby is,
approved.
---------------------------------------------------------------------------

    \24\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\25\
---------------------------------------------------------------------------

    \25\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-18275 Filed 7-24-15; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 177 (Wednesday, September 12, 2018)]
[Notices]
[Pages 46160-46161]
[FR Doc No: 2018-19873]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2018-0097; FRL-9983-06]

Certain New Chemicals or Significant New Uses; Statements of
Findings for April to July 2018

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: Section 5(g) of the Toxic Substances Control Act (TSCA)
requires EPA to publish in the Federal Register a statement of its
findings after its review of TSCA section 5(a) notices when EPA makes a
finding that a new chemical substance or significant new use is not
likely to present an unreasonable risk of injury to health or the
environment. Such statements apply to premanufacture notices (PMNs),
microbial commercial activity notices (MCANs), and significant new use
notices (SNUNs) submitted to EPA under TSCA section 5. This document
presents statements of findings made by EPA on TSCA section 5(a)
notices during the period from April 1, 2018 to July 31, 2018.

FOR FURTHER INFORMATION CONTACT:
    For technical information contact: Greg Schweer, Chemical Control
Division (7405M), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460-0001; telephone number:<PHONE_NUMBER>; email address:
[email protected].
    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave. Rochester, NY 14620; telephone number: (202)
554-1404; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general. As such, the
Agency has not attempted to describe the specific entities that this
action may apply to. Although others may be affected, this action
applies directly to the submitters of the PMNs addressed in this
action.

B. How can I get copies of this document and other related information?

    The docket for this action, identified by docket identification
(ID) number EPA-HQ-OPPT-2018-0097, is available at http://www.regulations.gov or at the Office of Pollution Prevention and Toxics
Docket (OPPT Docket), Environmental Protection Agency Docket Center
(EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the OPPT Docket is (202) 566-
0280. Please review the visitor instructions and additional information
about the docket available at http://www.epa.gov/dockets.

II. What action is the Agency taking?

    This document lists the statements of findings made by EPA after
review of notices submitted under TSCA section 5(a) that certain new
chemical substances or significant new uses are not likely to present
an unreasonable risk of injury to health or the environment. This
document presents statements of findings made by EPA during the period
from April 1, 2018 to July 31, 2018.

III. What is the Agency's authority for taking this action?

    TSCA section 5(a)(3) requires EPA to review a TSCA section 5(a)
notice and make one of the following specific findings:
     The chemical substance or significant new use presents an
unreasonable risk of injury to health or the environment;
     The information available to EPA is insufficient to permit
a reasoned evaluation of the health and environmental effects of the
chemical substance or significant new use;
     The information available to EPA is insufficient to permit
a reasoned

evaluation of the health and environmental effects and the chemical
substance or significant new use may present an unreasonable risk of
injury to health or the environment;
     The chemical substance is or will be produced in
substantial quantities, and such substance either enters or may
reasonably be anticipated to enter the environment in substantial
quantities or there is or may be significant or substantial human
exposure to the substance; or
     The chemical substance or significant new use is not
likely to present an unreasonable risk of injury to health or the
environment.
    Unreasonable risk findings must be made without consideration of
costs or other non-risk factors, including an unreasonable risk to a
potentially exposed or susceptible subpopulation identified as relevant
under the conditions of use. The term ``conditions of use'' is defined
in TSCA section 3 to mean ``the circumstances, as determined by the
Administrator, under which a chemical substance is intended, known, or
reasonably foreseen to be manufactured, processed, distributed in
commerce, used, or disposed of.''
    EPA is required under TSCA section 5(g) to publish in the Federal
Register a statement of its findings after its review of a TSCA section
5(a) notice when EPA makes a finding that a new chemical substance or
significant new use is not likely to present an unreasonable risk of
injury to health or the environment. Such statements apply to PMNs,
MCANs, and SNUNs submitted to EPA under TSCA section 5.
    Anyone who plans to manufacture (which includes import) a new
chemical substance for a non-exempt commercial purpose and any
manufacturer or processor wishing to engage in a use of a chemical
substance designated by EPA as a significant new use must submit a
notice to EPA at least 90 days before commencing manufacture of the new
chemical substance or before engaging in the significant new use.
    The submitter of a notice to EPA for which EPA has made a finding
of ``not likely to present an unreasonable risk of injury to health or
the environment'' may commence manufacture of the chemical substance or
manufacture or processing for the significant new use notwithstanding
any remaining portion of the applicable review period.

IV. Statements of Administrator Findings Under TSCA Section 5(a)(3)(C)

    In this unit, EPA provides the following information (to the extent
that such information is not claimed as Confidential Business
Information (CBI)) on the PMNs, MCANs and SNUNs for which, during this
period, EPA has made findings under TSCA section 5(a)(3)(C) that the
new chemical substances or significant new uses are not likely to
present an unreasonable risk of injury to health or the environment:
     EPA case number assigned to the TSCA section 5(a) notice.
     Chemical identity (generic name, if the specific name is
claimed as CBI).
     Website link to EPA's decision document describing the
basis of the ``not likely to present an unreasonable risk'' finding
made by EPA under TSCA section 5(a)(3)(C).
    EPA Case Number: J-18-0002-0003; Chemical identity: Saccharomyces
cerevisiae modified (generic name); website link: https://www.epa.gov/reviewing-new-chemicals-under-toxic-substances-control-act-tsca/tsca-section-5a3c-determination-90.
    EPA Case Number: P-18-0142; Chemical identity: Alkanoic acid,
alkyl-, alkyl ester, polymer with substituted alkenoates, alkenoic
acid, alkyl peroxoate-initiated; polymer exemption flag (generic name);
website link: https://www.epa.gov/reviewing-new-chemicals-under-toxic-substances-control-act-tsca/tsca-section-5a3c-determination-91.
    EPA Case Number: P-16-0510; Chemical identity: Oxirane, 2-methyl-,
polymer with oxirane, bis[2-[(1-oxo-2-propen-1-yl)amino]propyl] ether
(CASRN: 1792208-65-1); website link: https://www.epa.gov/reviewing-new-chemicals-under-toxic-substances-control-act-tsca/tsca-section-5a3c-determination-92.

    Authority: 15 U.S.C. 2601 et seq.

    Dated: September 4, 2018.
Greg Schweer,
Chief, New Chemicals Management Branch, Chemical Control Division,
Office of Pollution Prevention and Toxics.
[FR Doc. 2018-19873 Filed 9-11-18; 8:45 am]
 BILLING CODE 6560-50-P


From: Frey, Nathan J<EMAIL_ADDRESS>Sent: Friday, July 31, 2015 8:07 PM
To: Culligan, Kevin; Szabo, Aaron
Subject: Re: still to come tonight

This is consistent with my understanding but checking with others and will call if not.

From: Culligan, Kevin<EMAIL_ADDRESS>Sent: Friday, July 31, 2015 08:03 PM Eastern Standard Time
To: Szabo, Aaron; Frey, Nathan J.
Subject: still to come tonight

Hopefully within the hour:

   1.       111(d) preamble
   2.       111(d) reg text
   3.       FP RIA

You should already have

   1.       FP preamble
   2.       FP reg text
   3.       111(b) preamble
   4.       111(b) RIA
   5.       111(b) reg text
   6.       111(d) RIA

If you don't have the last six items or I am missing something let me know.   Nathan  -  if you can call, that would be great.