[Federal Register: August 27, 2009 (Volume 74, Number 165)]
[Proposed Rules]
[Page 43647-43649]
[DOCID:fr27au09-24]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-0200; Airspace Docket No. 09-AAL-5]

Proposed Establishment of Class E Airspace; Elim, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This action proposes to establish Class E airspace at the Elim
Airport at Elim, AK. Two Standard Instrument Approach Procedures
(SIAPs) are being developed for the Elim Airport at Elim, AK.
Additionally, one textual Obstacle Departure Procedure (ODP) and a
Standard Instrument Departure Procedure (SID) are being developed.
Adoption of this proposal would result in establishing Class E airspace
upward from 700 feet (ft.) and 1,200 ft. above the surface at the Elim
Airport at Elim, AK.

DATES: Comments must be received on or before October 13, 2009.

ADDRESSES: Send comments on the proposal to the Docket Management
Facility, U.S. Department of Transportation, 1200 New Jersey Avenue,
SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-
0001. You must identify the docket number FAA-2009-0200/Airspace Docket
No. 09-AAL-5, at the beginning of your comments. You may also submit
comments on 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 a.m.
and 5 p.m., Monday through Friday, except Federal holidays. The Docket
Office (telephone 1-800-647-5527) is on the plaza level of the
Department of

Transportation NASSIF Building at the above address.
    An informal docket may also be examined during normal business
hours at the office of the Manager, Safety, Alaska Flight Service
Operations, Federal Aviation Administration, 222 West 7th Avenue, Box
14, Anchorage, AK 99513-7587.

FOR FURTHER INFORMATION CONTACT: Gary Rolf, Federal Aviation
Administration, 222 West 7th Avenue, Box 14, Anchorage, AK 99513-7587;
telephone number<PHONE_NUMBER>; fax:<PHONE_NUMBER>; e-mail:
<EMAIL_ADDRESS>Internet address: http://www.faa.gov/about/
office_org/headquarters_offices/ato/service_units/systemops/fs/
alaskan/rulemaking/.

SUPPLEMENTARY INFORMATION:

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-2009-0200/
Airspace Docket No. 09-AAL-5.'' The postcard will be date/time stamped
and returned to the commenter.
    All communications received on or before the specified closing date
for comments will be considered before taking action on the proposed
rule. The proposal contained in this notice may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the closing date
for comments. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of Notice of Proposed Rulemakings (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/.
    Additionally, any person may obtain a copy of this notice by
submitting a request to the Federal Aviation Administration, Office of
Air Traffic Airspace Management, ATA-400, 800 Independence Avenue, SW.,
Washington, DC 20591 or by calling<PHONE_NUMBER>. Communications must
identify both docket numbers for this notice. 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.

The Proposal

    The FAA is considering an amendment to Title 14 Code of Federal
Regulations (14 CFR) part 71, which would establish Class E airspace at
the Elim Airport, Elim, AK. The intended effect of this proposal is to
establish Class E airspace upward from 700 ft. and 1,200 ft. above the
surface to contain Instrument Flight Rules (IFR) operations at the Elim
Airport, Elim, AK.
    The FAA Instrument Flight Procedures Production and Maintenance
Branch has created two new SIAPs for the Elim Airport, one textual ODP
and one SID. The SIAPs are (1) the Area Navigation (RNAV) Global
Positioning System (GPS) Runway (RWY) 01, Original and (2) the RNAV
(GPS) RWY 19, Original. The SID is the ELIM ONE RNAV Sid. Textual ODPs
are unnamed and are published in the front of the U.S. Terminal
Procedures for Alaska. Class E controlled airspace extending upward
from 700 ft. and 1,200 ft. above the surface in the Elim Airport area
would be established by this action. The proposed airspace is
sufficient in size to contain aircraft executing the instrument
procedures at the Elim Airport, Elim, AK.
    The Class E airspace areas designated as 700/1200 foot transition
areas are published in paragraph 6005 in FAA Order 7400.9S, Airspace
Designations and Reporting Points, signed October 3, 2008, and
effective October 31, 2008, which is incorporated by reference in 14
CFR 71.1. The Class E airspace designations listed in this document
would be subsequently published in the Order.
    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.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States 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 1, Section 40103, Sovereignty and use of
airspace. Under that section, the FAA is charged with prescribing
regulations to ensure the safe and efficient use of the navigable
airspace. This regulation is within the scope of that authority because
it proposes to establish Class E airspace at Elim Airport, Elim, AK,
and represents the FAA's continuing effort to safely and efficiently
use the navigable airspace.

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, CLASS B, CLASS C, CLASS D, AND
CLASS E AIRSPACE AREAS; AIRWAYS; ROUTES; AND REPORTING POINTS

    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]

    2. The incorporation by reference in 14 CFR 71.1 of Federal
Aviation Administration Order 7400.9S, Airspace Designations and
Reporting Points,

signed October 3, 2008, and effective October 31, 2008, is to be
amended as follows:
* * * * *

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

* * * * *

AAL AK E5 Elim, AK [New]

Elim Airport, Elim, AK
    (Lat. 64[deg]36'54'' N., Long. 162[deg]16'14'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.8-mile radius of the Elim Airport, AK, and within 3.7
miles either side of the 015[deg] bearing from the Elim Airport, AK,
extending from the 6.8-mile radius to 12.6 miles north of the Elim
Airport, AK; and that airspace extending upward from 1,200 feet
above the surface within a 74-mile radius of the Elim Airport, AK.
* * * * *

    Issued in Anchorage, AK, on August 20, 2009.
Anthony M. Wylie,
Manager, Alaska Flight Services Information Area Group.
[FR Doc. E9-20727 Filed 8-26-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register: May 23, 2006 (Volume 71, Number 99)]
[Notices]
[Page 29689]
[DOCID:fr23my06-88]

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SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]

In the Matter of China Energy Savings Technology, Inc.; Order of
Suspension of Trading

May 19, 2006.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
China Energy Savings Technology, Inc. (``China Energy''), a Nevada
corporation headquartered in Hong Kong.
    The Commission is concerned that certain China Energy affiliates
and shareholders may have unjustifiably relied upon Rule 144 of the
Securities Act of 1933 (``Securities Act'') in conducting an unlawful
distribution of securities that failed to comply with the resale
restrictions of Rule 144 of the Securities Act. The Commission is also
concerned that China Energy may have unlawfully relied upon Form S-8 of
the Securities Act to issue unrestricted securities.
    Questions also have arisen regarding the accuracy and completeness
of information contained in China Energy's public filings with the
Commission concerning, among other things, statements regarding the
company's shareholder base.
    The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of the above-listed company.
    Therefore, it is ordered, pursuant to Section 12(k) of the
Securities Exchange Act of 1934, that trading in the above-listed
company is suspended for the period from 12:01 a.m. EDT, May 19, 2006,
through 11:59 p.m. EDT, on June 2, 2006.

    By the Commission.
J. Lynn Taylor,
Assistant Secretary.
[FR Doc. 06-4807 Filed 5-19-06; 11:48 am]

BILLING CODE 8010-01-P


U.S. ENVIRONMENTAL PROTECTION AGENCY

Good Neighbor Environmental Board

Meeting Day 2

March 19-20, 2008

Washington Hilton Towers Cabinet Room

1919 Connecticut Ave. NW

Washington, DC 20009

Phone:<PHONE_NUMBER>

AGENDA

Thursday, March 20, 2008

Business Meeting and Strategic Planning Session

7:30 A.M.	Registration

8:00		Business Meeting

		-New Member Self Introductions, Goals for Board Membership

		-Approval of Minutes from Last Meeting

		-Dissemination Plan for Eleventh Report

8:30		Discussion of Twelfth Report

		-Determine Structure

		-Set up workgroups, including coordinators

		-Set up first workgroup teleconference calls

		-Other logistics

9:30		Performance Measures

		- Review of existing performance measures

		- System for tracking effectiveness during 2008

10:00		Break

10:15		Strategic Planning Session – Part 1:

		-Successes, lessons learned during 2007

-Goals for 2008

11:30 – 	Lunch

12:30 P.M.	Strategic Planning Session – Part 2: Next Steps

- Follow-up to release of Eleventh Report (tracking system for dissemination, for receiving response from CEQ)

- Tools, techniques to develop Twelfth Report

- Calexico meeting preparations

- Other steps

2:00		Report-Outs (continued)

3:00		Meeting Ends

###

3/13/08


                                  APPENDIX B
	This Appendix contains the script that EPA's contractor followed during consultation calls conducted under the Paperwork Reduction Act for the renewal of EPA ICR No. 1664.12, OMB No. 2050-0141.
                       NCP Subpart J Consultation Script
Hello [Contact Name], my name is [Contractor Name], and I work for GDIT. We are a contractor for the U.S. Environmental Protection Agency (EPA). Every three years, EPA updates its estimates for paperwork-related burden for implementing the National Oil and Hazardous Pollution Contingency Plan (NCP), Subpart J (40 CFR 300.900), "Use of Dispersants and Other Chemicals" regulation. Subpart J requirements include criteria for listing oil spill mitigating agents on the NCP Product Schedule.
EPA is seeking assistance to determine reasonable burden hours for completing Subpart J listing paperwork and costs for toxicity and effectiveness testing as part of EPA's current three-year ICR update. Note that the questions relate specifically to administrative or paperwork-related activities associated with Subpart J NCP Product Schedule listing compliance, not capital or O&M costs associated with research and development.
We estimate that this interview should take no more than 20 minutes and we greatly appreciate your willingness to provide insight based on your experience.

First, I will ask some general background questions to understand your experience with NCP Subpart J.

 [For LABORATORIES:]

 What is your position at [Lab Name]?

 Based on previous NCP Product Schedule listing applications, it is our understanding that [Lab Name] provides testing services to manufacturers who plan to submit a product to EPA for listing on the NCP Product Schedule. Is that correct?

 Would it be helpful to review the NCP Subpart J Product Schedule listing requirements and testing protocols?
   [If NO, continue to question 1d. If YES, provide the following information:

   To have a product listed on the Schedule, Subpart J requires that the manufacturer conduct specific toxicity and effectiveness tests and submit the corresponding technical product data and other required information to the EPA's NCP Product Schedule Manager. Specifically,
 EPA requires manufacturers to test dispersants (40 CFR 900.915(a)(8)), surface washing agents (40 CFR 300.915 (b)(7)), surface collecting agents (40 CFR 300.915 (c)(7)), and miscellaneous oil spill control agents (40 CFR 300.915 (f)(8)) for toxicity using the standard toxicity methods described in Appendix C of the NCP regulation.

 EPA requires manufacturers to test dispersants for effectiveness using the Swirling Flask Effectiveness test described in Appendix C of the NCP regulation (40 CFR 300.915 (a)(7)). Only those dispersants that meet or exceed the established threshold will be listed on the Schedule.

 EPA requires respondents to test bioremediation agents for effectiveness, using the testing protocol described in Appendix C of the NCP regulation (40 CFR 300.915 (d)(7)).]

 Approximately how many Subpart J testing requests have you worked on over the last five years [or another period (annually) if needed to provide an estimate]?

 What does your lab charge for the following three NCP Subpart J tests: 1) Toxicity Test; 2) Swirling Flask Dispersant Effectiveness Test; and 3) Bioremediation Effectiveness Test?

 How do you price testing services? By time and materials (T&M), fixed price, or another pricing structure?
[When the interview is over, thank the contact for their time and assistance.]
 [For MANUFACTURERS:]

 What is your position at [Manufacturer Name]?

 Based on the November 2019 NCP Product Schedule, it is our understanding that [Manufacturing Company] has submitted required information to EPA for listing a product. Is that correct?

 Would it be helpful to review the NCP Subpart J Product Schedule listing requirements?
   [If NO, continue to question 2d. If YES, provide the following information:
   To have a product listed on the Schedule, Subpart J requires that the manufacturer conduct specific toxicity and effectiveness tests and submit the corresponding technical product data and other required information to the EPA's NCP Product Schedule Manager. Specifically,
 EPA requires manufactures submit listing materials as required in 40 CFR 900.915 and 40 CFR 900.920, using the format described in Appendix C, item 6.0 Summary Technical Product Test Data Format of the NCP regulation.

 [Note: Manufacturers of bioremediation agents are not required to conduct toxicity tests] EPA requires manufacturers to test dispersants (40 CFR 900.915(a)(8)), surface washing agents (40 CFR 300.915 (b)(7)), surface collecting agents (40 CFR 300.915 (c)(7)), and miscellaneous oil spill control agents (40 CFR 300.915 (f)(8)) for toxicity using the standard toxicity methods described in Appendix C of the NCP regulation.

 [Note: For manufacturers of dispersants] EPA requires manufacturers to test dispersants for effectiveness using the Swirling Flask Effectiveness test described in Appendix C of the NCP regulation (40 CFR 300.915 (a)(7)). Only those dispersants that meet or exceed the established threshold will be listed on the Schedule.

 [Note: For manufacturers of bioremediation agents] EPA requires respondents to test bioremediation agents for effectiveness, using the testing protocol described in Appendix C of the NCP regulation (40 CFR 300.915 (d)(7)).]

 Approximately how many Subpart J listing submissions have you worked on over the last five years [or another period (annually) if needed to provide an estimate]? This would include product listings that you have submitted to EPA.

 In advance of this call, we provided you with burden estimates required to compile NCP Subpart J listing information. It would be helpful for you to refer to the email as I go over the next set of questions. Subpart J listing submissions must include the data items in Table 1. EPA previously estimated burden hours for responding to the requirements. How do these burden hours compare to your personal experience? We understand that this assessment is based on your personal experience and that manufacturer-specific factors may result in different values, but please do your best to think about an average value for a typical application you have prepared and submitted. [Go through each activity and compile their responses. If they cannot provide burden hours by activity, ask for their overall total time estimate.]

                Table 1: Data Items Required Under NCP Subpart J

                              RESPONSE DATA ITEMS
                                  BURDEN HOURS
                           OIL SPILL MITIGATING AGENT

                                       BA
                                       D
                                       MA
                                      SCA
                                      SWA
 Name, brand, or trademark, if any, under which the product is sold
                                    0 to 0.5
                                       X
                                       X
                                       X
                                       X
                                       X
 Name, address, and telephone number of the manufacturer, importer or vendor

                                       X
                                       X
                                       X
                                       X
                                       X
 Name, address and telephone number of primary distributors or sales outlets

                                       X
                                       X
                                       X
                                       X
                                       X
 Special handling information and worker precautions for storage and field application, including maximum and minimum storage temperatures
                                    0.5 to 1
                                       X
                                       X
                                       X
                                       X
                                       X
 Shelf life information
                                    0 to 0.5
                                       X
                                       X
                                       X
                                       X
                                       X
 Recommended application procedures, concentrations, and conditions for use
                                    0.5 to 1
                                       X
                                       X
                                       X
                                       X
                                       X
 Results of the effectiveness test set forth in Appendix C of the NCP
                                   2.0 to 5.0
                                       X
                                       X

 Result of the toxicity test set forth in Appendix C of the NCP
                                   2.0 to 5.0

                                       X
                                       X
                                       X
                                       X
 Physical properties covered by the American Society for Testing and Materials (ASTM) reference standards
                                    0.5 to 1

                                       X
                                       X
                                       X
                                       X
 Test results for distinguishing surface collecting agents from other chemical agents
                                    0.5 to 1

                                       X

 List of product components
                                   2.0 to 5.0

                                       X
                                       X
                                       X
                                       X
 The concentrations or upper limits of any heavy metals, cyanide, and chlorinated hydrocarbons
                                    0.5 to 1

                                       X
                                       X
                                       X
                                       X
 Information on microbiological cultures, enzyme additives, and nutrient additives
                                   2.0 to 5.0
                                       X

                                       X

 Identity of laboratory performing tests, the qualifications of the laboratory staff, and laboratory experience with similar tests
                                   2.0 to 5.0
                                       X
                                       X
                                       X
                                       X
                                       X
  KEY:  BA = Bioremediation Agent, D = Dispersant, MA = Miscellaneous Agent, SCA= Surface Collecting Agent, and SWA = Surface Washing Agent
[When the interview is over, thank the contact for their time and assistance.]


[Federal Register: April 7, 2008 (Volume 73, Number 67)]
[Proposed Rules]
[Page 18722-18725]
[DOCID:fr07ap08-14]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0406; Directorate Identifier 2007-NM-196-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Model A310 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above that would supersede an existing AD. This
proposed AD results from mandatory continuing airworthiness information
(MCAI) originated by an aviation authority of another country to
identify and correct an unsafe condition on an aviation product. The
MCAI describes the unsafe condition as:

    During routine visual inspection, a crack has been found in the
wing MLG (main landing gear) rib 5 forward attachment lug on two
A310 in-service aircraft. Laboratory examination of one of the
cracked ribs confirmed that the crack is due to the presence of
pitting corrosion in the forward lug holes. Also on both aircraft
medium to heavy corrosion was found in the forward lugs on the
opposite wing after removal of the bushes. This situation if not
detected, could affect the structural integrity of the MLG
attachment. * * *
* * * * *
    The proposed AD would require actions that are intended to address
the unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by May 7, 2008.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; 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 proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Operations office (telephone<PHONE_NUMBER>) is
in the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Tom Stafford, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1622; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2008-0406;
Directorate Identifier 2007-NM-196-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on 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 we
receive about this proposed AD.

Discussion

    On December 7, 2006, we issued AD 2007-02-09, Amendment 39-14896
(72 FR 2612, January 22, 2007). That AD required actions intended to
address an unsafe condition on the products listed above.
    Since we issued AD 2007-02-09, the type certificate holder has
developed a new inspection using ultrasonic techniques. We have
determined that the existing AD must be superseded to add repair or
replacement of cracked main landing gear (MLG) Rib 5, provide the new
inspection as an option, and reduce the applicability of the AD to
exclude airplanes on which Airbus Service Bulletin A310-57-2090 has
been done.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2007-0195, dated July 19, 2007 (referred to
after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:

    During routine visual inspection, a crack has been found in the
wing MLG (main landing gear) rib 5 forward attachment lug on two
A310 in-service aircraft. Laboratory examination of one of the
cracked ribs confirmed that the crack is due to the presence of
pitting corrosion in the forward lug holes. Also on both aircraft
medium to heavy corrosion was found in the forward lugs on the
opposite wing after removal of the bushes. This situation if not
detected, could affect the structural integrity of the MLG
attachment. As an interim measure, Airbus published Alert Service
Bulletin (ASB) A310-57A2088 to introduce a repetitive detailed
visual inspection (DVI) of the forward attachment lug of MLG Rib 5.
EASA issued Emergency Airworthiness Directive (EAD) 2006-0335-E
[which corresponds to FAA AD 2007-02-09] to require the
accomplishment of this repetitive DVI.

    In order to ensure the detection of any crack at an early stage
in the forward lug of the RH (right-hand) and LH (left-hand) MLG Rib
5 aft bearing attachment, the Type Certificate holder has developed
a new inspection by means of ultrasonic method. For the reasons
described above, this new inspection program is rendered mandatory
by this AD, which cancels and replaces the requirement of EAD 2006-
0335-E.

    The corrective action includes repairing or replacing MLG Rib 5, as
applicable. You may obtain further information by examining the MCAI in
the AD docket.

Relevant Service Information

    Airbus has issued Service Bulletins A310-57-2090, Revision 01,
dated December 19, 2007, and A310-57-2091, including Appendix 01, dated
May 22, 2007. 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 Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA

policies. Any such differences are highlighted in a NOTE within the
proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 68 products of U.S. registry. We also estimate that
it would take about 5 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $80 per
work-hour. Based on these figures, we estimate the cost of the proposed
AD on U.S. operators to be $27,200, or $400 per product.

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 proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 proposed
regulation:
    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); and
    3. 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 proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

    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]

    2. The FAA amends Sec.  39.13 by removing Amendment 39-14896 (72 FR
2612, January 22, 2007) and adding the following new AD:

Airbus: Docket No. FAA-2008-0406; Directorate Identifier 2007-NM-
196-AD.

Comments Due Date

    (a) We must receive comments by May 7, 2008.

Affected ADs

    (b) The proposed AD supersedes AD 2007-02-09, Amendment 39-
14896.

Applicability

    (c) This AD applies to Airbus Model A310 airplanes, certificated
in any category, all certified models, all serial numbers; except
for those where LH (left-hand) and RH (right-hand) wing MLG (main
landing gear) rib 5 forward lugs have been repaired by installation
of oversized interference fit bushings as per Airbus Repair
Instruction R57249121, or which have had Airbus Service Bulletin
A310-57-2090 (AIRBUS modification 13329) embodied in service.

Subject

    (d) Air Transport Association (ATA) of America Code 57: Wings.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:
    During routine visual inspection, a crack has been found in the
wing MLG (main landing gear) rib 5 forward attachment lug on two
A310 in-service aircraft. Laboratory examination of one of the
cracked ribs confirmed that the crack is due to the presence of
pitting corrosion in the forward lug holes. Also on both aircraft
medium to heavy corrosion was found in the forward lugs on the
opposite wing after removal of the bushes. This situation if not
detected, could affect the structural integrity of the MLG
attachment. As an interim measure, Airbus published Alert Service
Bulletin (ASB) A310-57A2088 to introduce a repetitive detailed
visual inspection (DVI) of the forward attachment lug of MLG Rib 5.
EASA issued Emergency Airworthiness Directive (EAD) 2006-0335-E
[which corresponds to FAA AD 2007-02-09] to require the
accomplishment of this repetitive DVI.
    In order to ensure the detection of any crack at an early stage
in the forward lug of the RH (right-hand) and LH (left-hand) MLG Rib
5 aft bearing attachment, the Type Certificate holder has developed
a new inspection by means of ultrasonic method. For the reasons
described above, this new inspection program is rendered mandatory
by this AD, which cancels and replaces the requirement of EAD 2006-
0335-E.
    The corrective action includes repairing or replacing MLG Rib 5,
as applicable.

Restatement of Requirements of AD 2007-02-09

    (f) Unless already done, do the following actions specified in
paragraphs (f)(1), (f)(2), and (f)(3) of this AD in accordance with
the instructions defined in Airbus Service Bulletin A310-57A2088,
dated November 6, 2006.
    (1) Before the accumulation of 12,000 total flight cycles, or
within 14 days after February 6, 2007 (the effective date of AD
2007-02-09), whichever occurs later: Perform a detailed visual
inspection of the LH and RH wing MLG rib 5 aft bearing forward lugs.
    (2) If any crack is detected at LH and/or RH aft bearing forward
lug, contact Airbus and proceed with the replacement before next
flight.
    (3) Repeat the inspection at intervals not exceeding 100 flight
cycles.

New Requirements of this AD: Actions and Compliance

    (g) Unless already done, before the accumulation of 12,000 total
flight cycles or before the accumulation of 12,000 flight cycles on
MLG Rib 5, or within 14 days after the effective date of this AD,
whichever occurs latest: Perform either a detailed visual inspection
(DVI) or an ultrasonic inspection of the LH and RH MLG Rib 5 aft
bearing forward lug for cracks, in accordance with the instructions
defined in Airbus Service Bulletin A310-57-2091, including Appendix
01, dated May 22, 2007. If a MLG Rib 5 has been replaced on one side
only, then the RH and LH must be considered separately. Doing this
inspection ends the requirements of paragraph (f) for that MLG Rib 5
only.

    Note 1: The ultrasonic inspection will detect any crack at an
early stage and will limit the risk of extensive repairs. This
earlier crack detection is not possible with the DVI.

    (1) If no crack is detected during any inspection required by
paragraph (g) of this AD: Repeat the applicable inspection at the
time specified in paragraph (g)(1)(i) or (g)(1)(ii) of this AD.
    (i) Repeat the DVI thereafter at intervals not to exceed 100
flight cycles.
    (ii) Repeat the ultrasonic inspection thereafter at intervals
not to exceed 825 flight cycles.
    (2) Replacement of the MLG Rib 5 in accordance with the
instructions defined in Airbus Service Bulletin A310-57-2090,
Revision 01, dated December 19, 2007, ends the repetitive
inspections required by paragraph (g)(1) of this AD for that MLG Rib
5 only.
    (3) If any crack is detected during the DVI required by
paragraph (g) of this AD: Before further flight, contact Airbus for
replacement

instructions and replace before further flight. If MLG Rib 5 is not
replaced in accordance with the instructions defined in Airbus
Service Bulletin A310-57-2090, Revision 01, dated December 19, 2007;
repeat the applicable inspection in paragraph (g) of this AD at the
time specified in the applicable paragraph.
    (4) If any crack is detected during the ultrasonic inspection
required by paragraph (g) of this AD, before further flight,
accomplish the actions specified in paragraphs (g)(4)(i) or
(g)(4)(ii) of this AD, as applicable.
    (i) If any crack is not visible on MLG Rib 5: Before further
flight, repair MLG Rib 5 using Repair Instruction R572-49121, Issue
C, dated May 2007. After embodiment of Repair Instruction R572-
49121, no further actions are required by this AD and Airbus Service
Bulletin A310-57-2091, including Appendix 01, dated May 22, 2007,
for that MLG Rib 5 only.
    (ii) If any crack is visible on MLG Rib 5: Before further
flight, contact Airbus for rib replacement instructions, and replace
before further flight. If MLG Rib 5 is not replaced in accordance
with the instructions defined in Airbus Service Bulletin A310-57-
2090, Revision 01, dated December 19, 2007, repeat the applicable
inspection in paragraph (g) of this AD at the time specified.
Accomplishing the replacement defined in Airbus Service Bulletin
A310-57-2090 ends the repetitive inspections required by paragraph
(g)(1) of this AD for that MLG Rib 5 only.

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information
as follows:
    Although the MCAI or service information allows flight with
cracks on aft bearing forward lugs for a certain period of time,
this AD requires replacing MLG Rib 5 before further flight if any
crack is found.
    Although the MCAI or service information specifies submitting an
inspection report sheet to Airbus, this AD would not require that
action.

Other FAA AD Provisions

    (h) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. Send information to ATTN: Tom
Stafford, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (i) Refer to MCAI EASA Airworthiness Directive 2007-0195, dated
July 19, 2007, and Airbus Service Bulletins A310-57-2090, Revision
01, dated December 19, 2007, and A310-57-2091, including Appendix
01, dated May 22, 2007, for related information.

    Issued in Renton, Washington, on March 27, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-7163 Filed 4-4-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 11 (Thursday, January 16, 2020)]
[Notices]
[Pages 2783-2784]
[FR Doc No: 2020-00588]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-87935; File No. SR-BOX-2019-32]

Self-Regulatory Organizations; BOX Exchange LLC; Notice of
Withdrawal of Proposed Rule Change To Amend the Fee Schedule on the BOX
Options Market LLC Facility To Establish BOX Connectivity Fees for
Participants and Non-Participants Who Connect to the BOX Network

January 10, 2020.
    On October 31, 2019, BOX Exchange LLC (``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 amend the
Exchange's fee schedule to establish certain connectivity fees and
reclassify its high speed vendor feed connection as a port fee. The
proposed rule change was immediately effective upon filing with the
Commission pursuant to Section 19(b)(3)(A) of the Act.\3\ The proposed
rule change was published for comment in the Federal Register on
November 19, 2019.\4\ The Commission received one comment

letter on the proposal.\5\ On December 23, 2019, the Exchange withdrew
the proposed rule change (SR-BOX-2019-32).
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ See Securities Exchange Act Release No. 87516 (November 13,
2019), 84 FR 63919.
    \5\ See Letter from Edward Devlin IV, dated November 24, 2019.
    \6\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-00588 Filed 1-15-20; 8:45 am]
 BILLING CODE 8011-01-P


MEMORANDUM

DATE: 11/25/14

FROM: 		Ken Mitchell/EPA Region 4

TO:CLEAN POWER PLAN FOR EXISTING POWER PLANTS; DOCKET ID: OAR - 2013-0602

SUBJECT:DISCUSSION OF THE CLEAN POWER Plan at the 7th Enlightenment Luncheon organized by Mothers and Others for Clean Air

SUMMARY:
EPA R4 provided information on the Clean Power Plan to participants at the 7th
Enlightenment Luncheon organized by Mothers and Others for Clean Air (a program of the American
Lung Association in Georgia) in Atlanta, GA, on October 3, 2014.  The Clean Power Plan for Existing
Power Plants was proposed on June 2, 2014.
ATTENDEES:

EPA
Heather McTeer Toney/EPA R4
Bryan Myers/EPA R4
Brandi Jenkins/EPA R4
Jayvone Hick-White/EPA R4

External Stakeholders
Dr. Marshall Shepherd/University of GA Atmospheric Sciences Program
Dr. George Luber/CDC
LeRoy M. Graham, Jr./Georgia Pediatric Pulmonology Associates, PC
Sam Champion/The Weather Channel
Laura Turner-Seydel/Turner Foundation
Stephanie Blank/Arthur Blank Foundation
Approximately 200 additional participants


[Federal Register Volume 84, Number 208 (Monday, October 28, 2019)]
[Notices]
[Pages 57789-57793]
[FR Doc No: 2019-23427]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-87382; File No. SR-NYSEArca-2019-04]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
of Amendment No. 3 and Order Granting Accelerated Approval of a
Proposed Rule Change, as Modified by Amendment No. 3, To Amend NYSE
Arca Rule 5.2-E(j)(3) To Adopt Generic Listing Standards for Investment
Company Units Based on an Index or Portfolio of Municipal Securities

October 22, 2019.

I. Introduction

    On February 8, 2019, NYSE Arca, Inc. (``Exchange'' or ``NYSE
Arca'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (the ``Act'' or the ``Exchange Act'') \1\ and Rule
19b-4 thereunder,\2\ a proposed rule change to adopt generic listing
standards for Investment Company Units (``Units'') based on an index or
portfolio of municipal securities. The proposed rule change was
published for comment in the Federal Register on February 27, 2019.\3\
On April 9, 2019, pursuant to Section 19(b)(2) of the Exchange Act,\4\
the Commission designated a longer period within which to approve the
proposed rule change, disapprove the proposed rule change, or institute
proceedings to determine whether to disapprove the proposed rule
change.\5\ On May 28, 2019, the Commission instituted proceedings under
Section 19(b)(2)(B) of the Exchange Act \6\ to determine whether to
approve or disapprove the proposed rule change.\7\

On August 13, 2019, the Commission further extended the period for
consideration of the proposed rule change to October 25, 2019.\8\ On
September 27, 2019, NYSE Arca filed Amendment No. 1 to the proposed
rule change, which replaced and superseded the proposed rule change as
originally filed.\9\ On October 2, 2019, NYSE Arca filed Amendment No.
2 to the proposed rule change, which replaced and superseded the
proposed rule change as modified by Amendment No. 1.\10\ On October 10,
2019, the Exchange filed Amendment No. 3 to the proposed rule change,
which replaced and superseded the proposed rule change as modified by
Amendment No. 2.\11\ The Commission has received no comments on the
proposal.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 85170 (Feb. 21,
2019), 84 FR 6451.
    \4\ 15 U.S.C. 78s(b)(2).
    \5\ See Securities Exchange Act Release No. 85573, 84 FR 15239
(Apr. 15, 2019). The Commission designated May 28, 2019, as the date
by which it should approve, disapprove, or institute proceedings to
determine whether to disapprove the proposed rule change.
    \6\ 15 U.S.C. 78s(b)(2)(B).
    \7\ See Securities Exchange Act Release No. 85946, 84 FR 25599
(June 3, 2019).
    \8\ See Securities Exchange Act Release No. 86643, 84 FR 42963
(Aug. 19, 2019).
    \9\ Amendment No. 1 is available at: https://www.sec.gov/comments/sr-nysearca-2019-04/srnysearca201904-6224879-192613.pdf.
    \10\ Amendment No. 2 is available at: https://www.sec.gov/comments/sr-nysearca-2019-04/srnysearca201904-6245350-192767.pdf.
    \11\ In Amendment No. 3, the Exchange: (1) Clarified that its
proposed requirement that an underlying index or portfolio must
include a minimum of 13 ``non-affiliated'' issuers means a minimum
of 13 ``unique'' issuers; (2) corrected the numbering of one
provision of the proposed rule text; (3) made a conforming change
within Commentary .03 to NYSE Arca Rule 5.2-E(j)(3); (4) prohibited
its listing of Units issued by an open-end management investment
company that seeks to provide investment results, before fees and
expenses, in an amount that exceeds -300% of the percentage
performance on a given day of an index of Municipal Securities (as
defined below); and (5) conformed its description of the scope of
Commentary .03 to NYSE Arca Rule 5.2-E(j)(3) to the rule text.
Amendment No. 3 is available at: https://www.sec.gov/comments/sr-nysearca-2019-04/srnysearca201904-6283314-193347.pdf.
---------------------------------------------------------------------------

    The Commission is publishing this notice and order to solicit
comments from interested persons on the proposed rule change, as
modified by Amendment No. 3, and is approving the proposed rule change,
as modified by Amendment No. 3, on an accelerated basis.

II. Description of the Proposed Rule Change, as Modified by Amendment
No. 3 12
---------------------------------------------------------------------------

    \12\ For a full description of the proposed rule change, see
Amendment No. 3, supra note 11.
---------------------------------------------------------------------------

    NYSE Arca Rule 5.2-E(j)(3) permits the Exchange to list a series of
Units based on an index or portfolio of underlying securities.
Currently, NYSE Arca Rule 5.2-E(j)(3) includes generic listing
standards for Units based on an index or portfolio of equity or fixed
income securities or a combination thereof.
    Municipal Securities \13\ are a type of fixed income security, and
therefore currently the Exchange may generically list and trade Units
overlying an index or portfolio of Municipal Securities that satisfies
the criteria of Commentary .02 to NYSE Arca Rule 5.2-E(j)(3). According
to the Exchange, however, indexes and portfolios of Municipal
Securities typically do not satisfy one of those requirements--namely,
that components comprising at least 75% of the Fixed Income Securities
\14\ portion of the weight of the index or portfolio each shall have a
minimum original principal amount outstanding of $100 million or
more.\15\ The Exchange states that Municipal Securities are generally
issued with individual maturities of relatively small size, although
they generally are constituents of a much larger municipal bond
offering.\16\
---------------------------------------------------------------------------

    \13\ The proposed rule defines the term ``Municipal Securities''
by incorporating the definition in Section 3(a)(29) of the Act. See
Amendment No. 3, supra note 11, at 4 n.4.
    \14\ ``Fixed Income Securities'' are defined in Commentary .02
to NYSE Arca Rule 5.2-E(j)(3).
    \15\ See Amendment No. 3, supra note 11, at 4 n.5.
    \16\ See Amendment No. 3, supra note 11, at 4 n.5.
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A. Proposed Commentary .02A to NYSE Arca Rule 5.2-E(j)(3)

1. Applicability
    Proposed Commentary .02A to NYSE Arca Rule 5.2-E(j)(3) provides
generic listing standards for Units based on an index or portfolio
comprised solely of Municipal Securities or Municipal Securities and
cash. Because the current Commentary .02 to NYSE Arca Rule 5.2-E(j)(3)
also applies to Units based on an index or portfolio of Municipal
Securities, the Exchange represents that it would apply existing
Commentary .02 and proposed Commentary .02A in a ``waterfall''
manner.\17\ Initially, the Exchange would evaluate the eligibility of a
series of Units based on an index or portfolio of Municipal Securities
(or Municipal Securities and cash) for listing pursuant to the generic
listing standards of Commentary .02; if the underlying index or
portfolio satisfies those criteria, the Exchange would list and trade
the Units pursuant to that rule.\18\ If, however, Units whose
underlying index or portfolio of Municipal Securities does not satisfy
all of the requirements of Commentary .02, the Exchange would apply
proposed Commentary .02A.\19\
---------------------------------------------------------------------------

    \17\ See id. at 5.
    \18\ See id. at 5-6.
    \19\ See proposed Commentary .02A to NYSE Arca Rule 5.2-E(j)(3).
---------------------------------------------------------------------------

2. Proposed Generic Listing Standards
    The Exchange states that Commentary .02A to NYSE Arca Rule 5.2-
E(j)(3) includes many requirements that are more stringent than those
applicable to an index or portfolio of fixed-income securities and
cash. These heightened requirements, according to the Exchange, would
deter potential manipulation of such Municipal Securities indices, even
though the index or portfolio may include securities that have smaller
original principal amounts outstanding than required under the existing
Commentary .02 to NYSE Arca Rule 5.2-E(j)(3). The proposed quantitative
requirements described below would apply on both an initial and
continued basis to a Municipal Securities index or portfolio underlying
a series of Units.
a. Original Principal Amount Outstanding
    As mentioned above, according to the Exchange, Municipal Securities
are typically issued with individual maturities of relatively small
size, although they generally are constituents of a much larger
municipal bond offering.\20\ In recognition of these smaller offering
sizes, the Exchange proposes to reduce the minimum original principal
amount outstanding requirement for component securities from at least
$100 million to at least $5 million.\21\ The Exchange also proposes
that qualifying securities must be issued as part of a transaction of
at least $20 million.\22\ Lastly, the Exchange proposes to increase the
percentage weight of an index or portfolio that must satisfy the
original principal amount outstanding requirement from 75% to 90%.\23\
---------------------------------------------------------------------------

    \20\ See supra note 16 and accompanying text.
    \21\ See Amendment No. 3, supra note 11, at 6.
    \22\ See id.
    \23\ See id.
---------------------------------------------------------------------------

    The Exchange asserts that reducing the minimum original principal
amount outstanding requirement for component securities will not make
an index or portfolio more susceptible to manipulation.\24\ The
Exchange believes that its proposal to require that 90% of the weight
of a Municipal Securities index or portfolio meet the original
principal amount outstanding requirement (as opposed to 75% for fixed-
income indices) will deter potential manipulation by ensuring that a
greater portion of the index or portfolio meet this minimum size
requirement.\25\ The Exchange also notes that the Commission previously
approved the listing and trading of Units where components comprising
at least 90% of the weight of the underlying index have a minimum
original principal amount outstanding of at least $5 million and are
issued as

part of a transaction of at least $20 million.\26\
---------------------------------------------------------------------------

    \24\ See id. at 7.
    \25\ See id. at 7-8.
    \26\ See, e.g., Securities Exchange Act Release No. 84049 (Sep.
6, 2018), 83 FR 46228 (Sep. 12, 2018) (SR-NYSEArca-2018-38) (order
approving, among other things, revisions to the continued listing
criteria applicable to the iShares New York AMT-Free Muni Bond ETF).
---------------------------------------------------------------------------

b. Component Concentration
    The Exchange proposes to reduce the maximum weight that any
individual Municipal Security, and a group of five Municipal
Securities, may comprise in a Municipal Securities index or
portfolio.\27\ The current generic listing standards for Units based on
a fixed-income index or portfolio permit individual component
securities to account for up to 30% of the weight of such index or
portfolio and the top-five weighted component securities to account for
up to 65% of the weight of such index or portfolio.\28\ The Exchange
proposes to reduce these thresholds to 10% for individual Municipal
Securities and 30% for the five most heavily-weighted Municipal
Securities in an index or portfolio.\29\ The Exchange believes that
this requirement will reduce the susceptibility to manipulation of a
Municipal Securities index or portfolio underlying a series of
Units.\30\
---------------------------------------------------------------------------

    \27\ See Amendment No. 3, supra note 11, at 8.
    \28\ See id.
    \29\ See id.
    \30\ See id.
---------------------------------------------------------------------------

c. Issuer Diversification
    The current generic listing standards for Units based on an index
or portfolio of Fixed Income Securities do not include an issuer
diversification requirement for indices comprised solely of Municipal
Securities.\31\
---------------------------------------------------------------------------

    \31\ Commentary .02(a)(5) to NYSE Arca Rule 5.2-E(j)(3) provides
that an index or portfolio--other than one consisting entirely of
exempted securities--must include securities from at least 13 non-
affiliated issuers. Municipal Securities are included in the
definition of exempted securities. Accordingly, the requirement
related to 13 non-affiliated issuers does not apply to Municipal
Securities. See Section 3(a)(12) of the Act.
---------------------------------------------------------------------------

    The Exchange proposes a generic listing criterion that would
require an index or portfolio of Municipal Securities or Municipal
Securities and cash to include securities from at least 13 unique
issuers.\32\ The Exchange states that requiring such diversification
will reduce the likelihood that an index or portfolio may be
manipulated by ensuring that securities from a variety of issuers are
represented in an index or portfolio of Municipal Securities.\33\
---------------------------------------------------------------------------

    \32\ See Amendment No. 3, supra note 11, at 9.
    \33\ See id.
---------------------------------------------------------------------------

d. Minimum Number of Components
    The current generic listing standards applicable to an index or
portfolio of Fixed Income Securities do not require a minimum number of
components.\34\ In the proposed Commentary .02A to NYSE Arca Rule 5.2-
E(j)(3), the Exchange proposes to require that an index or portfolio of
Municipal Securities contain at least 500 component securities.\35\ The
Exchange asserts that this proposed requirement will ensure that a
Municipal Securities index or portfolio would be sufficiently broad-
based and diversified to make it less susceptible to manipulation.\36\
---------------------------------------------------------------------------

    \34\ See id.
    \35\ See id.
    \36\ See id. at 10.
---------------------------------------------------------------------------

e. Listing of Units With Inverse Leveraged Exposure to an Index of
Municipal Securities
    Consistent with the requirement for an index or portfolio of Fixed
Income Securities under the current Commentary .02 to NYSE Arca Rule
5.2-E(j)(3), the Exchange would not list Units issued by an open-end
management investment company that seeks to provide investment results,
before fees and expenses, in an amount that exceeds -300% of the
percentage performance on a given day of an index of Municipal
Securities.\37\
---------------------------------------------------------------------------

    \37\ See proposed Commentary .02A to NYSE Arca Rule 5.2-E(j)(3).
---------------------------------------------------------------------------

f. Additional Requirements
    In addition to the quantitative requirements described above, the
Exchange proposes to adopt additional rules related to: (1) Index
methodology and calculation; (2) dissemination of information; (3)
initial shares outstanding; (4) hours of trading; (5) surveillance
procedures; and (6) disclosures.
    The Exchange proposes Commentary .02A(b) to NYSE Arca Rule 5.2-
E(j)(3), which requires that: (i) If a Municipal Securities index is
maintained by a broker-dealer or fund advisor, the broker-dealer or
fund advisor shall erect and maintain a ``firewall'' around the
personnel who have access to information concerning changes and
adjustments to the index; (ii) the current index value for Units listed
pursuant to proposed Commentary .02A(a) to NYSE Arca Rule 5.2-E(j)(3)
will be widely disseminated by one or more major market data vendors at
least once per day and, if the index value does not change during some
or all of the period when trading is occurring on the NYSE Arca
Marketplace, the last official calculated index value must remain
available throughout NYSE Arca Marketplace trading hours; and (iii) any
advisory committee, supervisory board, or similar entity that advises a
Reporting Authority \38\ or that makes decisions on the index
composition, methodology and related matters, must implement and
maintain, or be subject to, procedures designed to prevent the use and
dissemination of material non-public information regarding the
applicable Municipal Securities index.\39\
---------------------------------------------------------------------------

    \38\ ``Reporting Authority'' is defined in NYSE Arca Rule 5.1-
E(b)(16). See Amendment No. 3, supra note 11, at 11 n.14.
    \39\ See Amendment No. 3, supra note 11, at 10-11.
---------------------------------------------------------------------------

    The Exchange proposes Commentary .02A(c) to NYSE Arca Rule 5.2-
E(j)(3), which requires that one or more major market data vendors
shall disseminate for each series of Units based on an index or
portfolio of Municipal Securities an estimate, updated at least every
15 seconds during the Core Trading Session, of the value of a share of
each series (the ``Intraday Indicative Value'' or ``IIV'').\40\ The
Intraday Indicative Value may be based, for example, upon current
information regarding the required deposit of securities and cash
amount to permit creation of new shares of the series or upon the index
value.\41\ The Intraday Indicative Value may be calculated by the
Exchange or by an independent third party throughout the day using
prices obtained from independent market data providers or other
independent pricing sources such as a broker-dealer or price evaluation
services.\42\ If the Intraday Indicative Value does not change during
some or all of the period when trading is occurring on the Exchange,
then the last official calculated Intraday Indicative Value must remain
available throughout Exchange trading hours.\43\
---------------------------------------------------------------------------

    \40\ See id. at 11.
    \41\ See id.
    \42\ See id.
    \43\ See id.
---------------------------------------------------------------------------

    The Exchange proposes Commentary .02A(d) to NYSE Arca Rule 5.2-
E(j)(3), which requires that a minimum of 100,000 shares of a series of
Units will be required to be outstanding at commencement of
trading.\44\
---------------------------------------------------------------------------

    \44\ See id.
---------------------------------------------------------------------------

    The Exchange proposes Commentary .02A(e) to NYSE Arca Rule 5.2-
E(j)(3), which specifies that the hours of trading for the Units will
be as governed by NYSE Arca Rule 7.34-E(a).\45\
---------------------------------------------------------------------------

    \45\ See id.
---------------------------------------------------------------------------

    The Exchange proposes Commentary .02A(f) to NYSE Arca Rule 5.2-
E(j)(3), which specifies that Units that are listed

or traded pursuant to unlisted trading privileges will be subject to
the Exchange's written surveillance procedures.\46\
---------------------------------------------------------------------------

    \46\ See id.
---------------------------------------------------------------------------

    Lastly, proposed Commentary .02A(g) to NYSE Arca Rule 5.2-E(j)(3)
incorporates the information circular requirement of Commentary .01(g)
NYSE Arca Rule 5.2-E(j)(3).\47\
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    \47\ See id. at 42.
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B. Proposed Amendments to Commentary .03 to NYSE Arca Rule 5.2-E(j)(3)

    The Exchange also proposes to amend Commentary .03 to NYSE Arca
Rule 5.2-E(j)(3) to allow the generic listing and trading of Units
based on a combination of two or more types of indexes, including a
combination index that includes Municipal Securities.\48\ Currently,
the scope of the rule allows the Exchange to generically list Units
overlying a combination of indexes or an index or portfolio of
component securities representing: (1) The U.S. or domestic equity
market; (2) the international equity market; and (3) the fixed income
market. To the extent that an index or portfolio of Municipal
Securities is included in a combination, the proposed rule specifies
that the Municipal Securities index or portfolio must satisfy all
requirements of Commentary .02A to NYSE Arca Rule 5.2-E(j)(3).\49\
Further, the Exchange's proposed rule would provide that it would not
list Units issued by an open-end management investment company that
seeks to provide investment results, before fees and expenses, in an
amount that exceeds -300% of the percentage performance on a
combination of indices that include a Municipal Securities Index.\50\
The Exchange also proposes other conforming changes to Commentary .03
to specify that the current requirements related to index value
dissemination and related continued listing standards will apply to
indexes of Municipal Securities.\51\
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    \48\ See id. at 10.
    \49\ See id.
    \50\ See id.
    \51\ See id.
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III. Discussion and Commission's Findings

    After careful review, the Commission finds that the proposed rule
change, as modified by Amendment No. 3, is consistent with the Act and
the rules and regulations thereunder applicable to a national
securities exchange.\52\ In particular, the Commission finds that the
proposal is consistent with Section 6(b)(5) of the Act,\53\ 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.
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    \52\ 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).
    \53\ 15 U.S.C. 78f(b)(5).
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    With respect to the quantitative requirements of Commentary .02A to
NYSE Arca Rule 5.2-E(j)(3), the proposed original principal amount
outstanding requirement is lower than what is currently applicable to
Units based on an index or portfolio of Fixed Income Securities. The
Commission notes, however, that the other proposed quantitative
requirements (i.e., component concentration, issuer diversification,
and minimum number of components) are stricter than the existing
generic listing requirements. Accordingly, the Commission believes
that, taken together, the proposed Commentary .02A is sufficiently
designed to prevent fraudulent and manipulative acts and practices.
Specifically, the Commission believes that the generic listing
requirements for an index or portfolio of Municipal Securities should
help to ensure that an index underlying a series of Units will be
sufficiently large, not concentrated, and diversified to prevent
manipulation of that benchmark. The Commission further notes that it
has previously approved proposed listing and trading of exchange traded
funds with similar quantitative standards and those funds have not
raised concerns regarding manipulation.\54\
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    \54\ The Commission has previously approved the listing and
trading of Units overlying municipal securities indices that satisfy
the proposed initial and continued generic listing criteria. See,
e.g., Securities Exchange Act Releases No. 82295 (Dec. 12, 2017), 82
FR 60056 (Dec. 18, 2017) (SR-NYSEArca-2017-56) and 84049, supra note
25.
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    The Commission also finds that the other proposed provisions of
Commentary .02A to NYSE Arca Rule 5.2-E(j)(3) and the proposed
amendments to Commentary .03 to NYSE Arca Rule 5.2-E(j)(3) are
consistent with the Act. The provisions in the proposed Commentary .02A
governing index methodology and calculation, dissemination of
information, minimum number of shares outstanding at the commencement
of trading, hours of trading, surveillance procedures, and information
circulars are consistent with the existing requirements applicable to
Units based on an index of U.S. fixed-income securities. Further, the
proposed amendments to Commentary .03 are designed to extend the
requirements related to the generic listing and trading of Units based
on a combination of two or more types of indexes to an index of
Municipal Securities.
    In support of its proposal, the Exchange represents the following:

    (1) Units listed pursuant to proposed Commentary .02A to NYSE
Arca Rule 5.2-E(j)(3) will be subject to the existing trading
surveillances, administered by 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.\55\ The Exchange represents that these procedures
are adequate to properly monitor Exchange trading of the Shares in
all trading sessions and to deter and detect violations of Exchange
rules and applicable federal securities laws.\56\ FINRA, on behalf
of the Exchange, will communicate as needed regarding trading in the
Shares with other markets that are members of the Intermarket
Surveillance Group (``ISG'') or with which the Exchange has in place
a comprehensive surveillance sharing agreement.\57\ FINRA also can
access data obtained from the MSRB relating to municipal bond
trading activity for surveillance purposes in connection with
trading in the Shares.\58\ FINRA, on behalf of the Exchange, is able
to access, as needed, trade information for certain fixed income
securities held by a Fund reported to FINRA's Trade Reporting and
Compliance Engine.\59\
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    \55\ See Amendment No. 3, supra note 11, at 12.
    \56\ See id.
    \57\ See id.
    \58\ See id.
    \59\ See id.
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    (2) Units listed pursuant to the proposed generic listing rule
will comply with all other requirements applicable to Units
including, but not limited to, the applicable rules governing the
trading of equity securities, trading hours, trading halts,
surveillance, information barriers and the Information Bulletin to
ETP Holders, as set forth in Exchange rules applicable to Units.\60\
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    \60\ See id. at 13.
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    (3) The Exchange has in place surveillance procedures relating
to trading in the Units and may obtain information via ISG from
other exchanges that are members of ISG or with which the Exchange
has entered into a comprehensive surveillance sharing agreement.\61\
In addition, investors will have ready access to information
regarding the IIV and quotation and last-sale information for the
Units. Trade price and other information relating to municipal bonds
is available through EMMA.\62\
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    \61\ See id. at 14.
    \62\ See id.

    This approval order is based on all of the Exchange's
representations, including those set forth above. For the foregoing
reasons, the Commission finds

that the proposed rule change, as modified by Amendment No. 3, is
consistent with Section 6(b)(5) of the Act \63\ and the rules and
regulations thereunder applicable to a national securities exchange.
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    \63\ 15 U.S.C. 78f(b)(5).
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IV. Solicitation of Comments on Amendment No. 3 to the Proposed Rule
Change

    Interested persons are invited to submit written views, data, and
arguments concerning whether Amendment No. 3 is consistent with the
Act. Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2019-04 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2019-04. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSEArca-2019-04 and should be submitted
on or before November 18, 2019.

V. Accelerated Approval of the Proposed Rule Change, as Modified by
Amendment No. 3

    The Commission finds good cause to approve the proposed rule
change, as modified by Amendment No. 3, prior to the thirtieth day
after the date of publication of notice of the filing of Amendment No.
3 in the Federal Register. The Commission notes that Amendment No. 3
narrowed the scope of the proposal by prohibiting the of listing Units
issued by an open-end management investment company that seeks to
provide investment results, before fees and expenses, in an amount that
exceeds -300% of the percentage performance on a given day of an index
of Municipal Securities. Amendment No. 3 also provided useful
clarifications and corrections. The changes and additional information
in Amendment No. 3 assisted the Commission in evaluating the Exchange's
proposal and in determining that the proposed amendments to NYSE Arca
Rule 5.2-E(j)(3) are consistent with the Act. Accordingly, the
Commission finds good cause, pursuant to Section 19(b)(2) of the
Act,\64\ to approve the proposed rule change, as modified by Amendment
No. 3, on an accelerated basis.
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    \64\ 15 U.S.C. 78s(b)(2).
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VI. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\65\ that the proposed rule change (SR-NYSEArca-2019-04), as
modified by Amendment No. 3, be, and it hereby is, approved on an
accelerated basis.
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    \65\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\66\
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    \66\ 17 CFR 200.30-3(a)(12).
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Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-23427 Filed 10-25-19; 8:45 am]
 BILLING CODE 8011-01-P