[Federal Register Volume 82, Number 71 (Friday, April 14, 2017)]
[Rules and Regulations]
[Pages 17933-17936]
[FR Doc No: 2017-07476]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-7491; Directorate Identifier 2015-NE-39-AD;
Amendment 39-18854; AD 2017-08-05]
RIN 2120-AA64

Airworthiness Directives; General Electric Company Turbofan
Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are superseding Airworthiness Directive (AD) 2016-13-05 for
all General Electric Company (GE) GE90-76B, GE90-77B, GE90-85B, GE90-
90B, and GE90-94B turbofan engines. AD 2016-13-05 required eddy current
inspection (ECI) of the high-pressure compressor (HPC) stage 8-10 spool
at each shop visit for all affected engines and ECI or ultrasonic
inspection (USI) for certain affected engines. This new AD requires
initial and repetitive on-wing USIs of the HPC stage 8-10 spool for
certain engines prior to shop visit and ECI of all affected engines at
each shop visit. This AD was prompted by analysis that the risk of the
failure of an HPC stage 8-10 spool was excessive without repetitive USI
prior to shop visit. We are issuing this AD to correct the unsafe
condition on these products.

DATES: This AD is effective May 19, 2017.

ADDRESSES: For service information identified in this final rule,
contact General Electric Company, GE-Aviation, Room 285, 1 Neumann Way,
Cincinnati, OH 45215, phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>You may view this service information at the FAA,
Engine & Propeller Directorate, 1200 District Avenue, Burlington, MA.
For information on the availability of this material at the FAA, call
781-238-7125.

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-2015-
7491; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The address for the Docket Office (phone: 800-647-
5527) is Document Management Facility, U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: John Frost, Aerospace Engineer, Engine
Certification Office, FAA, Engine & Propeller Directorate, 1200
District Avenue, Burlington, MA 01803; phone:<PHONE_NUMBER>; fax: 781-
238-7199; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2016-13-05, Amendment 39-18569 (81 FR 41208,
June 24, 2016; corrected 81 FR 42475, June 30, 2016), (``AD 2016-13-
05''). AD 2016-13-05 applied to all GE GE90-76B, GE90-77B, GE90-85B,
GE90-90B, and GE90-94B turbofan engines. The NPRM published in the
Federal Register on December 19, 2016 (81 FR 91880). The NPRM was
prompted by an uncontained failure of the HPC stage 8-10 spool, leading
to an airplane fire. The NPRM proposed to require an ECI or USI of the
HPC stage 8-10 spool and removing from service those parts that fail
inspection. We are issuing this AD to prevent failure of the HPC stage
8-10 spool, uncontained rotor release, damage to the engine, and damage
to the airplane.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the NPRM and
the FAA's response to each comment.

Request To Revise Compliance

    The Boeing Company (Boeing) and GE requested paragraph (f)(1)(i) be
changed to apply to ECIs performed between January 2016 and July 29,
2016. Boeing and GE stated that operators who performed an ECI between
January 2016 and July 29, 2016 are in accordance with GE GE90 Service
Bulletin (SB) 72-1151, Initial issue or Revision 1.
    We agree. Credit should be given for ECIs performed in accordance
with GE GE90 SB 72-1151, Initial issue or Revision 1. We added
paragraph (f)(2)(iii) to the Compliance section.

Request To Revise Compliance Time

    Boeing and GE requested paragraph (f)(1)(ii) be changed to state
that if it has been more than 400 cycles since the qualified initial
USI inspection, then, inspect within 100 cycles from the effective date
of this AD. Boeing and GE stated that this provides the operators with
a reasonable amount of time to perform the USI.
    We disagree. The date for the initial inspection was based on the
effective date of AD 2016-13-05. The USI requirement is unchanged, so
the 500 cycle allowance mandated in AD 2016-13-05 is also mandated by
this AD. We did not change this AD.

Request To Revise Service Information

    Boeing, GE, and Japan Air Lines (JAL) requested updating the
Related Information section to reflect the latest version of the GE SB.
GE SB 72-1151 was revised to Revision 01 on September 13, 2016 and
includes the most recent details and aligns with this AD.
    We agree. GE GE90 SB 72-1151, Revision 01, dated September 13,
2016, includes the most recent details, aligns with this AD, and also
meets the risk analysis performed. We added GE GE90 SB 72-1151,
Revision 01, dated September 13, 2016 and GE GE90 SB 72-1151, Revision
0, dated June 10, 2016 to paragraph (i)(2) of this AD.

Request To Revise Service Information

    JAL requested updating paragraph (i)(2) Related Information, to
perform an ECI in accordance with future revisions of the service
information. JAL also requested updating paragraph (i)(2) Related
Information, to add ``and later'' to the revision number relating to
Chapter 72-31-08; Special Procedure 003 and 72-00-31 Special Procedure
006 in GE GE90 Engine Manual, GEK100700, Revision 68, dated September
1, 2016.
    We disagree. We are only authorized to mandate use of service
information that we have reviewed and which are published. Since future
revisions of service information are not yet published, we are not
authorized to mandate their use. We did not change this AD.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this AD with the changes described previously. We have determined that
these minor changes:
     Are consistent with the intent that was proposed in the
NPRM, for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.

Related Service Information

    We reviewed GE GE90 SB 72-1151, Revision 01, dated September 13,
2016. The SB describes procedures for an on-wing USI of the stage 8 web
of the stage 8-10 spool. This service information is reasonably
available because the interested parties have access to it through
their normal course of business or by the means identified in the
ADDRESSES section.
    We also reviewed Chapter 72-31-08, Special Procedures 003; and
Chapter 72-00-31, Special Procedures 006, in the GE GE90 Engine Manual,
GEK100700, Revision 68, dated

September 1, 2016. These procedures describe how to perform ECI of the
stage 8 aft web of the stage 8-10 spool.

Interim Action

    We consider this AD interim action. GE is determining the root
cause for the unsafe condition identified in this AD. Once a root cause
is determined, we will consider additional rulemaking.

Costs of Compliance

    We estimate that this AD affects 54 engines installed on airplanes
of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
        Action                  Labor cost             Parts cost       Cost per product          operators
----------------------------------------------------------------------------------------------------------------
Inspection............  7 work-hours x $85 per                  $0   $595 per inspection    $32,130 per
                         hour = $595 per                              cycle.                 inspection cycle.
                         inspection cycle.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary replacements
that would be required based on the results of the inspection. We have
no way of determining the number of engines that might need this
replacement:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                  Action                                Labor cost                 Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replacement of spool......................  0 work-hours x $85 per hour = $0..        $780,000         $780,000
----------------------------------------------------------------------------------------------------------------

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 have 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 that this AD:
    (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),
    (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.

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 removing Airworthiness Directive (AD)
2016-13-05, Amendment 39-18569 (81 FR 41208, June 24, 2016; corrected
81 FR 42475, June 30, 2016), and adding the following new AD:

2017-08-05 General Electric Company: Amendment 39-18854; Docket No.
FAA-2015-7491; Directorate Identifier 2015-NE-39-AD

(a) Effective Date

    This AD is effective May 19, 2017.

(b) Affected ADs

    This AD replaces AD 2016-13-05, Amendment 39-18569 (81 FR 41208,
June 24, 2016; corrected June 30, 2016, 81 FR 42475).

(c) Applicability

    This AD applies to General Electric Company (GE) GE90-76B, GE90-
77B, GE90-85B, GE90-90B, and GE90-94B turbofan engines with a high-
pressure compressor (HPC) stage 8-10 spool, part numbers (P/Ns)
1694M80G04, 1844M90G01, or 1844M90G02, installed.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7230, Engine
Compressor Section.

(e) Unsafe Condition

    This AD was prompted by an uncontained failure of the HPC stage
8-10 spool. We are issuing this AD to prevent failure of the HPC
stage 8-10 spool, uncontained rotor release, damage to the engine,
and damage to the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.
    (1) For HPC stage 8-10 spool, P/N 1694M80G04, all serial numbers
(S/Ns), or HPC stage 8-10 spool, P/N 1844M90G01 or 1844M90G02, with
a S/N listed in Figure 1 to paragraph (f) of this AD; perform an on-
wing ultrasonic inspection (USI) of the stage 8 aft web upper face
as follows:
    (i) Perform an initial USI after reaching 8,000 cycles since new
(CSN), but, before exceeding 9,000 CSN, or within 500 cycles in
service after July 29, 2016, whichever occurs later.
    (ii) Thereafter, perform a USI of the stage 8 aft web upper face
every 500 cycles since last inspection.

    (iii) Compliance with paragraph (f)(2)(i) or (f)(2)(iii) of this
AD is terminating action for the initial and repetitive USIs
specified by paragraphs (f)(1)(i) and (ii) of this AD.

                                                  Figure 1 to Paragraph (f)--HPC Stage 8-10 Spool S/Ns
--------------------------------------------------------------------------------------------------------------------------------------------------------

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            Part Nos.                                                                   Serial Nos.
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1844M90G01......................  GWN005MF                GWNBK753                GWNBS077                GWNBS497                GWNBS724
                                  GWN005MG                GWNBK754                GWNBS078                GWNBS499                GWNBS794
                                  GWN0087M                GWNBK841                GWNBS079                GWNBS500                GWNBS810
                                  GWN0087N                GWNBK842                GWNBS080                GWNBS501                GWNBS811
                                  GWN00DGK                GWNBK843                GWNBS081                GWNBS502                GWNBS812
                                  GWN00DGL                GWNBK844                GWNBS157                GWNBS609                GWNBS813
                                  GWNBJ992                GWNBK952                GWNBS158                GWNBS610                GWNBS814
                                  GWNBK667                GWNBK953                GWNBS159                GWNBS611                GWNBS910
                                  GWNBK674                GWNBK954                GWNBS160                GWNBS612                GWNBS911
                                  GWNBK675                GWNBK955                GWNBS266                GWNBS613                GWNBS912
                                  GWNBK743                GWNBK956                GWNBS267                GWNBS614                GWNBS914
                                  GWNBK744                GWNBK957                GWNBS268                GWNBS721                GWNBS915
                                  GWNBK751                GWNBK958                GWNBS269                GWNBS722                GWNBS982
                                  GWNBK752                GWNBK959                GWNBS270                GWNBS723                GWNBS983
1844M90G02......................  GWN00C2T                GWN01C5N                GWN02N8D                GWN03RTM                GWN04E21
                                  GWN00C2V                GWN01GE2                GWN02T3R                GWN03RTP                GWN04GHT
                                  GWN00G2N                GWN01GE3                GWN02WGM                GWN040RL                GWN04GHW
                                  GWN00G2P                GWN01GE4                GWN0311K                GWN040RM                GWN04GJ0
                                  GWN00PFP                GWN01GE6                GWN035PP                GWN040RN                GWN04JW6
                                  GWN00PFR                GWN01WH1                GWN038TD                GWN040RP                GWN04JW7
                                  GWN00T2N                GWN02688                GWN039TG                GWN04202                GWN04JW8
                                  GWN00YHV                GWN02689                GWN03G2R                GWN0435W                GWN04L7K
                                  GWN0125G                GWN0268A                GWN03G2W                GWN04360                GWN04L7L
                                  GWN0125H                GWN02DP2                GWN03G30                GWN04361                GWN04MT7
                                  GWN0166K                GWN02DP3                GWN03JPC                GWN04362                GWN04MT8
                                  GWN01C5K                GWN02F9F                GWN03JPD                GWN04ATG                GWNBS984
                                  GWN01C5L                GWN02F9G                GWN03N8P                GWN04ATH
                                  GWN01C5M                GWN02L9T                GWN03N8R                GWN04E20
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    (2) For all HPC stage 8-10 spools, P/N 1694M80G04, 1844M90G01,
or 1844M90G02, perform an eddy current inspection (ECI) of the stage
8 aft upper face as follows:
    (i) Perform an initial ECI of the stage 8 aft web upper face at
the next shop visit after the effective date of this AD.
    (ii) Thereafter, perform an ECI of the stage 8 aft web upper
face at each subsequent shop visit.
    (iii) If you performed an ECI of the stage 8 aft web upper
surface before the effective date of the AD, you met the
requirements of paragraph (f)(2)(i) of this AD.
    (3) Remove from service any HPC stage 8-10 spool that fails the
inspection required by paragraphs (f)(1) or (2) of this AD, and
replace with a spool eligible for installation.

(g) Definition

    For the purpose of this AD, an engine shop visit is the
induction of an engine into the shop for maintenance during which
the compressor discharge pressure seal face is exposed.

(h) Alternative Methods of Compliance (AMOCs)

    The Manager, Engine Certification Office, FAA, may approve AMOCs
for this AD. Use the procedures found in 14 CFR 39.19 to make your
request. You may email your request to<EMAIL_ADDRESS>
(i) Related Information

    (1) For more information about this AD, contact John Frost,
Aerospace Engineer, Engine Certification Office, FAA, 1200 District
Avenue, Burlington, MA 01803; phone:<PHONE_NUMBER>; fax: 781-238-
7199; email<EMAIL_ADDRESS>    (2) GE GE90 Service Bulletin (SB) 72-1151, Revision 01, dated
September 13, 2016; GE GE90 SB 72-1151, Revision 0, dated June 10,
2016; Chapter 72-31-08, Special Procedures 003; and Chapter 72-00-
31, Special Procedures 006, in GE GE90 Engine Manual, GEK100700,
Revision 68, dated September 1, 2016, can be obtained from GE using
the contact information in paragraph (i)(3) of this AD. These SBs
describe procedures for an on-wing USI of the stage 8 web of the
stage 8-10 spool. These engine manual procedures describe how to
perform ECI of the stage 8 aft web of the stage 8-10 spool.
    (3) For service information identified in this AD, contact
General Electric Company, GE-Aviation, Room 285, 1 Neumann Way,
Cincinnati, OH 45215, phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (4) You may view this service information at the FAA, Engine &
Propeller Directorate, 1200 District Avenue, Burlington, MA. For
information on the availability of this material at the FAA, call
781-238-7125.

(j) Material Incorporated by Reference

    None.

    Issued in Burlington, Massachusetts, on April 5, 2017.
Carlos A. Pestana,
Acting Manager, Engine & Propeller Directorate, Aircraft Certification
Service.
[FR Doc. 2017-07476 Filed 4-13-17; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 93 (Wednesday, May 13, 2020)]
[Notices]
[Page 28623]
[FR Doc No: 2020-10254]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP20-312-000]

Equitrans, L.P.; Notice of Application

    Take notice that on April 30, 2020, Equitrans, L.P. (Equitrans),
2200 Energy Drive, Canonsburg, Pennsylvania, 15317, filed in the above
referenced docket an application pursuant to section 7(b) of the
Natural Gas Act (NGA), and a notice pursuant to section 4 of the NGA
requesting the Commission to authorize the abandonment of approximately
191 miles of certificated gathering lines, nine certificated compressor
station units, approximately 736 miles of non-certificated gathering
lines, nine non-certificated compressor station units, and any
appurtenant facilities located in West Virginia and Pennsylvania
(Equitrans Gathering System). All as more fully set forth in the
application which is on file with the Commission and open to public
inspection. The filing is available for review on the Commission's
website web at http://www.ferc.gov using the eLibrary link. Enter the
docket number excluding the last three digits in the docket number
field to access the document. For assistance, contact FERC at
<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TYY,
(202) 502-8659. At this time, the Commission has suspended access to
the Commission's Public Reference Room, due to the proclamation
declaring a National Emergency concerning the Novel Coronavirus Disease
(COVID-19), issued by the President on March 13, 2020.
    Any questions concerning this application may be directed to
Matthew T. Eggerding, Assistant General Counsel, Equitrans, L.P., 2200
Energy Drive, Canonsburg, PA 15317, by phone at<PHONE_NUMBER>; or by
email to<EMAIL_ADDRESS>    Equitrans requests approval to abandon the Equitrans Gathering
System using a two-step process. Equitrans states that, as part of the
two-step process it will attempt to abandon the gathering facilities by
sale and, if that is not successful, Equitrans will abandon the
gathering facilities in place. Equitrans requests approval to remove
Rate Schedule AGS and references thereto from its Tariff.
    Pursuant to section 157.9 of the Commission's rules (18 CFR 157.9),
within 90 days of this Notice, the Commission staff will either:
Complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and state agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below file with the Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. Only parties
to the proceeding can ask for court review of Commission orders in the
proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commentors will be
placed on the Commission's environmental mailing list and will be
notified of any meetings associated with the Commission's environmental
review process. Environmental commentors will not be required to serve
copies of filed documents on all other parties. However, the non-party
commentors will not receive copies of all documents filed by other
parties or issued by the Commission and will not have the right to seek
court review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the eFiling link at
http://www.ferc.gov. See 18 CFR 385.2001(a) (1) (iii) and the
instructions on the Commission's website (http://www.ferc.gov) under
the e-Filing link.
    Comment Date: 5:00 p.m. Eastern Time on May 28, 2020.

    Dated: May 7, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-10254 Filed 5-12-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 66 (Monday, April 7, 2014)]
[Proposed Rules]
[Pages 19034-19036]
[FR Doc No: 2014-07603]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0007]
RIN 1625-AA00

Safety Zone, Atlantic Ocean; Virginia Beach, VA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone
on the navigable waters of the Atlantic Ocean in Virginia Beach, VA.
This safety zone is intended to restrict vessel movement in the
specified area during the Patriotic Festival III. This action is
necessary to provide for the safety of life and property on the
surrounding navigable waters during the air show.

DATES: Comments and related material must be received by the Coast
Guard on or before May 7, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2014-0007]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LCDR Hector Cintron, Waterways Management Division Chief,
Sector Hampton Roads, Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Cheryl Collins, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online at
http://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
    To submit your comment online, go to www.regulations.gov, type the
docket number [USCG-2014-0007] in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number [USCG-2014-0007] in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit the Docket Management Facility in
Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

4. Public meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one, using one of the methods specified under ADDRESSES.
Please explain why you believe a public meeting would be beneficial. If
we determine that one would aid this rulemaking, we will hold one at a
time and place announced by a later notice in the Federal Register.

B. Regulatory History and Information

    The Patriotic Air Show over the Atlantic Ocean in Virginia Beach,
Virginia, is an annual event.

C. Basis and Purpose

    The legal basis for the rule is the U.S. Coast Guard's authority to
establish regulated navigation areas and other limited access areas: 33
U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Public Law 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1.
    Whisper Concerts Entertainment, Inc. will host an air show event
over the Atlantic Ocean in Virginia Beach, VA. In recent years, there
have been unfortunate instances of jets and planes crashing during
performances at air shows. In addition, there is typically a wide area
of scattered debris that also damages property and could cause
significant injury or death to mariners observing the air show. In
order to protect mariners and the public transiting the Atlantic Ocean
immediately below the air show from hazards associated with the air
show, the Coast Guard proposes to establish a safety zone.

D. Discussion of the Proposed Rule

    The Captain of the Port of Hampton Roads proposes to establish a
safety

zone on specified waters of the Atlantic Ocean bounded by the following
coordinates: 36[deg]-49'-50'' N/075[deg]-58'-02'' W, 36[deg]-51'-46''
N/075[deg]-58'-33'' W, 36[deg]-51'-53''N/075[deg]-57'-57'' W, 36[deg]-
49'-57''N/075[deg]-57'-26'' W (NAD 1983), in the vicinity of Virginia
Beach, Virginia. This safety zone will be enforced from May 30, 2014
until June 1, 2014 between the hours of 12 p.m. and 3:30 p.m. each day.
Access to the safety zone will be restricted during the specified dates
and times.
    Except for vessels authorized by the Captain of the Port or his
Representative, no person or vessel may enter or remain in the safety
zone during the time frame listed. The Captain of the Port will give
notice of the enforcement of the safety zone by all appropriate means
to provide the widest dissemination of notice among the affected
segments of the public. This will include publication in the Local
Notice to Mariners and Marine Information Broadcasts.

E. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on these statutes and executive orders.

1. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. The primary impact of
these regulations will be on vessels wishing to transit the affected
waterways during the safety zone on the Atlantic Ocean in the vicinity
of Virginia Beach, VA from 12 9.m. until 3:30 p.m. on May 30, 2014
through June 1, 2014. Although these proposed regulations prevent
traffic from transiting a portion of the Atlantic Ocean during these
events, that restriction is limited in duration, affects only a limited
area, and will be well publicized to allow mariners to make alternative
plans for transiting the affected area.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule will not have a significant economic impact on a
substantial number of small entities.
    This proposed rule will affect the following entities, some of
which might be small entities: the owners or operators of vessels
intending to transit or anchor in waters of the Atlantic Ocean during
the outlined timeframe.
    This proposed safety zone will not have a significant economic
impact on a substantial number of small entities for the following
reasons: (i) The safety zone will only be in place for a limited
duration, and (ii) before the enforcement period, maritime advisories
will be issued allowing mariners to adjust their plans accordingly.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION
CONTACT, above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

    This proposed rule will not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has 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. We have analyzed this proposed rule under that Order and
determined that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule will not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule will not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.

9. Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This proposed rule is not an economically significant rule and
does not create an environmental risk to health or risk to safety that
may disproportionately affect children.

11. Indian Tribal Governments

    This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and

Coordination with Indian Tribal Governments, because it does not have a
substantial direct effect on one or more Indian tribes, on the
relationship between the Federal Government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
Government and Indian tribes.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have determined that this action is one of a category of actions that
do not individually or cumulatively have a significant effect on the
human environment. This proposed rule involves the establishment of a
safety zone. This proposed rule is categorically excluded from further
review under paragraph 34-g of Figure 2-1 of the Commandant
Instruction. An environmental analysis checklist supporting this
determination and a Categorical Exclusion Determination are available
in the docket where indicated under ADDRESSES. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.

0
2. Add Sec.  165.T05-0007 to read as follows:

165.T05-0007  Safety Zone, Atlantic Ocean; Virginia Beach, VA.

    (a) Definitions. For the purposes of this section, Captain of the
Port means the Commander, Sector Hampton Roads. Representative means
any Coast Guard commissioned, warrant or petty officer who has been
authorized to act on the behalf of the Captain of the Port
    (b) Location. The following area is a proposed safety zone:
specified waters of the Captain of the Port Sector Hampton Roads zone,
as defined in 33 CFR 3.25-10, in the vicinity of the Atlantic Ocean in
Virginia Beach, VA bound by the following coordinates: 36[deg]-49'-50''
N/075[deg]-58'-02'' W, 36[deg]-51'-46'' N/075[deg]-58'-33'' W, 36[deg]-
51'-53'' N/075[deg]-57'-57'' W, 36[deg]-49'-57'' N/075[deg]-57'-26'' W
(NAD 1983).
    (c) Regulations. (1) In accordance with the general regulations in
165.23 of this part, entry into this zone is prohibited unless
authorized by the Captain of the Port, Hampton Roads or his designated
representatives.
    (2) The operator of any vessel in the immediate vicinity of this
safety zone shall:
    (i) Contact on scene contracting vessels via VHF channel 13 and 16
for passage instructions.
    (ii) If on scene proceed as directed by any commissioned, warrant
or petty officer on shore or on board a vessel that is displaying a
U.S. Coast Guard Ensign.
    (3) The Captain of the Port, Hampton Roads can be reached through
the Sector Duty Officer at Sector Hampton Roads in Portsmouth, Virginia
at telephone number<PHONE_NUMBER>.
    (4) The Coast Guard Representatives enforcing the safety zone can
be contacted on VHF-FM marine band radio channel 13 (165.65Mhz) and
channel 16 (156.8 Mhz).
    (d) Enforcement Period: This section will be enforced from 12 p.m.
until 3:30 p.m. each day from May 30, 2014 to June 1, 2014.

    Dated: February 19, 2014.
John K. Little,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2014-07603 Filed 4-4-14; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 83, Number 88 (Monday, May 7, 2018)]
[Notices]
[Pages 20103-20107]
[FR Doc No: 2018-09576]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83146; File No. SR-CboeBZX-2018-029]

Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Allow
the Horizons Cadence Hedged U.S. Dividend Yield ETF, a Series of the
Horizons ETF Trust I, To Hold Listed Options Contracts in a Manner That
Does Not Comply With Rule 14.11(i), Managed Fund Shares

May 1, 2018.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on April 17, 2018, Cboe BZX Exchange, Inc. (``Exchange'' or ``BZX'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I and II below, which Items
have been prepared by the Exchange. The Exchange has designated this
proposal as a ``non-controversial'' proposed rule change pursuant to
Section 19(b)(3)(A) of the Act \3\ and Rule 19b-4(f)(6)(iii)
thereunder,\4\ which renders it effective upon filing with the
Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6)(iii).

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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange filed a proposal to allow the Horizons Cadence Hedged
US Dividend Yield ETF (the ``Fund''), a series of the Horizons ETF
Trust I (the ``Trust''), to hold listed options contracts in a manner
that does not comply with Rule 14.11(i) (``Managed Fund Shares''). The
shares of the Fund are referred to herein as the ``Shares.''
    The text of the proposed rule change is available at the Exchange's
website at www.markets.cboe.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Fund is currently listed on the Exchange pursuant to the
generic listing standards under Rule 14.11(i) governing Managed Fund
Shares.\5\ The Exchange proposes to continue listing and trading the
Shares. The Shares would continue to comply with all of the generic
listing standards with the exception of the requirement of Rule
14.11(i)(4)(C)(iv)(b) that prevents the aggregate gross notional value
of listed derivatives based on any single underlying reference asset
from exceeding 30% of the weight of the portfolio (including gross
notional exposures) (the ``30% Restriction'').6 7
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    \5\ The Commission originally approved BZX Rule 14.11(i) in
Securities Exchange Act Release No. 65225 (August 30, 2011), 76 FR
55148 (September 6, 2011) (SR-BATS-2011-018) and subsequently
approved generic listing standards for Managed Fund Shares under
Rule 14.11(i) in Securities Exchange Act Release No. 78396 (July 22,
2016), 81 FR 49698 (July 28, 2016) (SR-BATS-2015-100).
    \6\ Rule 14.11(i)(4)(C)(iv)(b) provides that ``the aggregate
gross notional value of listed derivatives based on any five or
fewer underlying reference assets shall not exceed 65% of the weight
of the portfolio (including gross notional exposures), and the
aggregate gross notional value of listed derivatives based on any
single underlying reference asset shall not exceed 30% of the weight
of the portfolio (including gross notional exposures).'' The
Exchange is proposing that the Fund be exempt only from the
requirement of Rule 14.11(i)(4)(C)(iv)(b) that prevents the
aggregate gross notional value of listed derivatives based on any
single underlying reference asset from exceeding 30% of the weight
of the portfolio (including gross notional exposures). The Fund will
meet the requirement that the aggregate gross notional value of
listed derivatives based on any five or fewer underlying reference
assets shall not exceed 65% of the weight of the portfolio
(including gross notional exposures).
    \7\ The Exchange notes that this proposal is very similar to a
previously approved proposal to list and trade a series of Managed
Fund Shares on the Exchange with similar exposures to a single
underlying reference asset and U.S. exchange-listed equity
securities. See Securities Exchange Act Release No. 80529 (April 26,
2017), 82 FR 20506 (May 2, 2017) (SR-BatsBZX-2017-14).
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    The Shares are offered by the Trust, which was established as a
Delaware statutory trust on May 17, 2012. The Trust is registered with
the Commission as an open-end investment company and has filed a
registration statement on behalf of the Fund on Form N-1A with the
Commission.\8\ The Fund's adviser, Horizons ETFs Management (US) LLC
(the ``Adviser''), is not registered as a broker-dealer, but is
affiliated with two broker-dealers. The Adviser represents that a fire
wall exists and will be maintained between the respective personnel at
the Adviser and affiliated broker-dealers with respect to access to
information concerning the composition and/or changes to the Fund's
portfolio. Personnel who make decisions on the Fund's portfolio
composition are currently and shall continue to be subject to
procedures designed to prevent the use and dissemination of material
non-public information regarding such portfolio. The Fund's sub-
adviser, Cadence Capital Management LLC (the ``Sub-Adviser''), is not
registered as a broker-dealer and is not affiliated with a broker-
dealer. Sub-Adviser personnel who make decisions on the Fund's
portfolio composition are currently and shall continue to be subject to
procedures designed to prevent the use and dissemination of material
non-public information regarding such portfolio. In the event that (a)
the Adviser or Sub-Adviser becomes registered as a broker-dealer or
newly affiliated with a broker-dealer; or (b) any new adviser or sub-
adviser is a registered broker-dealer or becomes affiliated with a
broker-dealer; the Adviser, Sub-Adviser, or such new adviser or sub-
adviser will implement and maintain a fire wall with respect to its
relevant personnel or such broker-dealer affiliate, as applicable,
regarding access to information concerning the composition and/or
changes to the Fund's portfolio, and will be subject to procedures
designed to prevent the use and dissemination of material non-public
information regarding such portfolio.
---------------------------------------------------------------------------

    \8\ The Trust filed a post-effective amendment to the
Registration Statement on February 9, 2018 (the ``Registration
Statement''). See Registration Statement on Form N-1A for the Trust
(File Nos. 333-183155 and 811-22732). The descriptions of the Fund
and the Shares contained herein are based, in part, on information
included in the Registration Statement. The Commission has issued an
order granting certain exemptive relief to the Trust and affiliated
persons under the Investment Company Act of 1940 (15 U.S.C. 80a-1).
See Investment Company Act Release No. 30695 (September 24, 2013)
(File No. 812-14178).
---------------------------------------------------------------------------

    The Fund intends to qualify each year as a regulated investment
company under Subchapter M of the Internal Revenue Code of 1986, as
amended.
Horizons Cadence Hedged US Dividend Yield ETF
    The Fund seeks income and long-term growth of capital. In order to
achieve its investment objective, under Normal Market Conditions,\9\
the Fund will invest at least 80% of its assets in equity securities of
U.S. exchange-listed companies that pay regular dividends (``U.S.
Equities''). The Fund's holdings in U.S. Equities currently meet and
will continue to meet the generic listing standards for U.S. Component
Stocks in Rule 14.11(i)(4)(C)(i)(a). The Fund has the ability to buy
and sell call and put options on the S&P 500 Index (``S&P 500 Index
Options''). The S&P 500 Index is the index most correlated to the
Fund's underlying equity holdings. The options overlay seeks to
potentially provide a measure of downside protection and an additional
component to the Fund's risk management. The options overlay is
actively managed by the Adviser and will adapt to both changing market
environments and shifts in the underlying equity holdings of the Fund,
but is currently limited by the requirement under Rule
14.11(i)(4)(C)(iv)(b) that prevents the aggregate gross notional
exposure of listed derivatives based on any single underlying reference
asset from exceeding 30% of the weight of the portfolio (including
gross notional exposures).
---------------------------------------------------------------------------

    \9\ The term ``Normal Market Conditions'' includes, but is not
limited to, the absence of trading halts in the applicable financial
markets generally; operational issues causing dissemination of
inaccurate market information or system failures; or force majeure
type events such as natural or man-made disaster, act of God, armed
conflict, act of terrorism, riot or labor disruption, or any similar
intervening circumstance.
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    As noted above, Rule 14.11(i)(4)(C)(iv)(b) prevents the Fund from
holding listed derivatives based on

any single underlying reference asset in excess of 30% of the weight of
its portfolio (including gross notional exposures). As proposed, the
Fund would hold up to 50% of the weight of its portfolio (including
gross notional exposures) in S&P 500 Index Options, which are traded on
Cboe Exchange, Inc. (``Cboe Options'').\10\ The Fund will utilize S&P
500 Index Options to create a collar strategy through selling call
options and buying protective put options. This may serve as a buffer
to market selloffs, which may lower the volatility of the portfolio.
Greater exposure to the S&P 500 through the options would allow the
Fund the flexibility to fully implement its risk mitigation strategy.
The Exchange notes that the Fund may also hold cash and Cash
Equivalents \11\ in compliance with Rule 14.11(i)(4)(C)(iii).
---------------------------------------------------------------------------

    \10\ The Commission has previously approved a series of Managed
Fund Shares that can hold up to 60% of the weight of its portfolio
in listed derivatives based on the S&P 500 Index as the only
underlying reference asset. See Securities Exchange Act Release No.
82906 (March 20, 2018), 83 FR 12992 (March 26, 2018) (SR-CboeBZX-
2017-012) (order approving the listing and trading of the LHA Market
State Tactical U.S. Equity ETF).
    \11\ As defined in Exchange Rule 14.11(i)(4)(C)(iii)(b), Cash
Equivalents are short-term instruments with maturities of less than
three months, which includes only the following: (i) U.S. Government
securities, including bills, notes, and bonds differing as to
maturity and rates of interest, which are either issued or
guaranteed by the U.S. Treasury or by U.S. Government agencies or
instrumentalities; (ii) certificates of deposit issued against funds
deposited in a bank or savings and loan association; (iii) bankers
acceptances, which are short-term credit instruments used to finance
commercial transactions; (iv) repurchase agreements and reverse
repurchase agreements; (v) bank time deposits, which are monies kept
on deposit with banks or savings and loan associations for a stated
period of time at a fixed rate of interest; (vi) commercial paper,
which are short-term unsecured promissory notes; and (vii) money
market funds.
---------------------------------------------------------------------------

    As noted above, the Fund's investment in U.S. Equities under Normal
Market Conditions constitutes at least 80% of the Fund's assets and
such holdings will meet the requirements for U.S. Component Stocks in
Rule 14.11(i)(4)(C)(i)(a). In addition to such U.S. Equities holdings,
the Fund may hold up to 20% of its assets in cash, Cash Equivalents,
and the value of S&P 500 Index Options positions under Normal Market
Conditions. The combination of U.S. Equities, cash, Cash Equivalents,
and the cash value of S&P 500 Index Options will constitute the
entirety of the Fund's holdings and the cash value of these holdings
will be used to form the basis for these calculations. The Exchange
notes that this is different than the calculation used to measure the
Fund's holdings in S&P 500 Index Options as it relates to the Fund
holding up to 50% of the weight of its portfolio, which, as noted
above, is calculated using gross notional exposures gained through the
S&P 500 Index Options in both the numerator and denominator, which is
consistent with the derivatives exposure calculation under Rule
14.11(i)(4)(C)(iv). The Exchange represents that, except for the 30%
Restriction in Rule 14.11(i)(4)(C)(iv)(b), the Fund's investments will
continue to satisfy all of the generic listing standards under BZX Rule
14.11(i)(4)(C) and all other applicable requirements for Managed Fund
Shares under Rule 14.11(i).
    The Trust is required to comply with Rule 10A-3 under the Act for
the initial and continued listing of the Shares of the Fund. In
addition, the Exchange represents that the Shares of the Fund will
continue to comply with all other requirements applicable to Managed
Fund Shares, which include the dissemination of key information such as
the Disclosed Portfolio,\12\ Net Asset Value,\13\ and the Intraday
Indicative Value,\14\ suspension of trading or removal,\15\ trading
halts,\16\ surveillance,\17\ minimum price variation for quoting and
order entry,\18\ the information circular,\19\ and firewalls \20\ as
set forth in Exchange rules applicable to Managed Fund Shares and the
orders approving such rules. Moreover, all of the U.S. Equities and S&P
500 Index Options held by the Fund will trade on markets that are a
member of Intermarket Surveillance Group (``ISG'') or affiliated with a
member of ISG or with which the Exchange has in place a comprehensive
surveillance sharing agreement.\21\ All statements and representations
made in this filing regarding the description of the portfolio or
reference assets, limitations on portfolio holdings or reference
assets, dissemination and availability of reference asset and intraday
indicative values (as applicable), or the applicability of Exchange
listing rules specified in this filing shall constitute continued
listing requirements for the Shares. The Fund has represented to the
Exchange that it will advise the Exchange of any failure by the Fund or
Shares to comply with the continued listing requirements, and, pursuant
to its obligations under Section 19(g)(1) of the Act, the Exchange will
surveil for compliance with the continued listing requirements. FINRA
conducts certain cross-market surveillances on behalf of the Exchange
pursuant to a regulatory services agreement. The Exchange is
responsible for FINRA's performance under this regulatory services
agreement. If the Fund is not in compliance with the applicable listing
requirements, the Exchange will commence delisting procedures with
respect to such Fund under Exchange Rule 14.12.
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    \12\ See Rule 14.11(i)(4)(A)(ii) and 14.11(i)(4)(B)(ii).
    \13\ See Rule 14.11(i)(4)(A)(ii).
    \14\ See Rule 14.11(i)(4)(B)(i).
    \15\ See Rule 14.11(i)(4)(B)(iii).
    \16\ See Rule 14.11(i)(4)(B)(iv).
    \17\ See Rule 14.11(i)(2)(C).
    \18\ See Rule 14.11(i)(2)(B).
    \19\ See Rule 14.11(i)(6).
    \20\ See Rule 14.11(i)(7).
    \21\ For a list of the current members of ISG, see
www.isgportal.com. The Exchange notes that not all components of the
Disclosed Portfolio for the Fund may trade on markets that are
members of ISG or with which the Exchange has in place a
comprehensive surveillance sharing agreement.
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Availability of Information
    As noted above, the Fund will comply with the requirements under
the Rule 14.11(i) related to Disclosed Portfolio, NAV, and the intraday
indicative value. Additionally, the intra-day, closing and settlement
prices of exchange-traded portfolio assets, specifically the U.S.
Equities and S&P 500 Index Options, will be readily available from the
exchanges trading such securities or derivatives, as the case may be,
automated quotation systems, published or other public sources, or
online information services such as Bloomberg or Reuters. Quotation and
last sale information for S&P 500 Index Options will be available via
the Options Price Reporting Authority. Price information for Cash
Equivalents will be available from major market data vendors. The
Disclosed Portfolio will be available on the Fund's website
(www.horizonsetfs.com) free of charge. The Fund's website will include
a form of the prospectus for the Fund and additional information
related to NAV and other applicable quantitative information.
Information regarding market price and trading volume of the Shares
will be continuously available throughout the day on brokers' computer
screens and other electronic services. Information regarding the
previous day's closing price and trading volume for the Shares will be
published daily in the financial section of newspapers. Trading in the
Shares may be halted for market conditions or for reasons that, in the
view of the Exchange, make trading inadvisable. The Exchange deems the
Shares to be equity securities, thus rendering trading in the Shares
subject to the Exchange's existing rules governing the trading of
equity securities. The Exchange has appropriate rules to facilitate
trading in the Shares during all trading sessions. The Exchange
prohibits the distribution of material non-public information by

its employees. Quotation and last sale information for the Shares and
U.S. Equities will be available via the CTA high-speed line.
2. Statutory Basis
    The Exchange believes that the proposal is consistent with Section
6(b) of the Act \22\ in general and Section 6(b)(5) of the Act \23\ in
particular in that it is 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 in that the Shares will meet each of the continued
listing criteria in BZX Rule 14.11(i) with the exception of the 30%
Restriction in Rule 14.11(i)(4)(C)(iv)(b), which requires that the
aggregate gross notional value of listed derivatives based on any five
or fewer underlying reference assets shall not exceed 65% of the weight
of the portfolio (including gross notional exposures), and the
aggregate gross notional value of listed derivatives based on any
single underlying reference asset shall not exceed 30% of the weight of
the portfolio (including gross notional exposures).\24\ The Exchange
believes that the liquidity in the S&P 500 Index Options markets
mitigates the concerns that Rule 14.11(i)(4)(C)(iv)(b) is intended to
address and that such liquidity would prevent the Shares from being
susceptible to manipulation.\25\ Further, allowing the Fund to hold a
greater portion of its portfolio in S&P 500 Index Options would mean
that the Fund would not be required to use over-the-counter (``OTC'')
derivatives if the Adviser deemed it necessary to get exposure in
excess of the 30% Restriction in Rule 14.11(i)(4)(C)(iv)(b), which
would reduce the Fund's operational burden by allowing the Fund to use
listed options contracts to achieve its investment objective and would
eliminate the counter-party risk associated with holding OTC derivative
instruments. The Exchange further believes that the diversity,
liquidity, and market cap of the securities underlying the S&P 500
Index are sufficient to protect against market manipulation of both the
Fund's holdings and the Shares as it relates to the S&P 500 Index
Options holdings.
---------------------------------------------------------------------------

    \22\ 15 U.S.C. 78f(b).
    \23\ 15 U.S.C. 78f(b)(5).
    \24\ As noted above, the Exchange is proposing that the Fund be
exempt only from the 30% Restriction of Rule 14.11(i)(4)(C)(iv)(b)
that prevents the aggregate gross notional value of listed
derivatives based on any single underlying reference asset from
exceeding 30% of the weight of the portfolio (including gross
notional exposures). The Fund will continue to meet the requirement
that the aggregate gross notional value of listed derivatives based
on any five or fewer underlying reference assets shall not exceed
65% of the weight of the portfolio (including gross notional
exposures).
    \25\ In February 2018, the total notional volume traded was
approximately $9.4 trillion in S&P 500 Index Options.
---------------------------------------------------------------------------

    The Exchange believes that its surveillance procedures are adequate
to properly monitor the trading of the Shares on the Exchange during
all trading sessions and to deter and detect violations of Exchange
rules and the applicable federal securities laws. All of the U.S.
Equities and S&P 500 Index Options contracts held by the Fund will
trade on markets that are a member of ISG or affiliated with a member
of ISG or with which the Exchange has in place a comprehensive
surveillance sharing agreement. The Exchange may obtain information
regarding trading in the Shares, U.S. Equities, and the S&P 500 Index
Options held by the Fund via the ISG from other exchanges who are a
member of ISG or affiliated with a member of ISG or with which the
Exchange has entered into a comprehensive surveillance sharing
agreement.\26\ The Exchange further notes that the Fund will meet and
be subject to all other requirements of the generic listing rules and
other applicable continued listing requirements for Managed Fund Shares
under Rule 14.11(i), including those requirements regarding the
dissemination of key information such as the Disclosed Portfolio, Net
Asset Value, and the Intraday Indicative Value, suspension of trading
or removal, trading halts, surveillance, minimum price variation for
quoting and order entry, the information circular, and firewalls as set
forth in Exchange rules applicable to Managed Fund Shares.
---------------------------------------------------------------------------

    \26\ See note 21, supra.
---------------------------------------------------------------------------

    For the above reasons, the Exchange believes that the proposed rule
change is consistent with the requirements of Section 6(b)(5) of the
Act.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purpose of the Act. The Exchange notes that the
proposed rule change, rather will facilitate the options strategy of an
actively-managed exchange-traded product that will allow the Fund to
better compete in the marketplace, thus enhancing competition among
both market participants and listing venues, to the benefit of
investors and the marketplace.

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

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

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \27\ and Rule 19b-
4(f)(6) thereunder.\28\
---------------------------------------------------------------------------

    \27\ 15 U.S.C. 78s(b)(3)(A).
    \28\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \29\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \30\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has requested that the Commission waive the 30-day operative delay so
that the proposed rule change may become operative upon filing. The
Commission notes that waiver of the operative delay would allow the
Fund to hold up to 50% of the weight of its portfolio (including gross
notional exposures) in S&P 500 Index Options without delay, and thus
allow the Fund to fully implement its risk mitigation strategy without
delay. The Commission notes that, other than the 30% Restriction with
respect to S&P 500 Index Options, the Fund would continue to satisfy
all of the generic listing standards under BZX Rule 14.11(i)(4)(C) and
all other requirements applicable to Managed Fund Shares. The
Commission believes that waiver of the 30-day operative delay is
consistent with the protection of investors and the public interest.

Accordingly, the Commission hereby waives the 30-day operative delay
and designates the proposed rule change operative upon filing.\31\
---------------------------------------------------------------------------

    \29\ 17 CFR 240.19b-4(f)(6).
    \30\ 17 CFR 240.19b-4(f)(6)(iii).
    \31\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-CboeBZX-2018-029 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-CboeBZX-2018-029. 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-CboeBZX-2018-029 and should be submitted
on or before May 29, 2018.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\32\
---------------------------------------------------------------------------

    \32\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-09576 Filed 5-4-18; 8:45 am]
 BILLING CODE 8011-01-P


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on March 28, 2005

NOTICE OF ACTION TAKEN -- DOCKET OST-2001-11057

________________________________________________________________________
__________________________________________

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

Applicant:  Challenge Air Luftverkehrs GmbH			Date Filed:  March 10,
2004

Relief requested:  Renew exemption from 49 U.S.C. § 41301 to engage in
charter foreign air transportation of persons, property and mail between
any point or points in Germany and any point or points in the United
States; and between any point or points in the United States and any
point or points in a third country or countries, provided that, except
with respect to cargo charters, such charter traffic is carried on a
flight that serves Germany for purposes of carrying traffic between the
United States and Germany; and other charters subject to Part 212 of the
Department’s rules.  Challenge Air Luftverkehrs (Challenge Air)
proposes to conduct these services using corporate jet aircraft.

If renewal, date and citation of last action:  March 29, 2002, in this
docket

Applicant representative:  Sheryl R. Israel<PHONE_NUMBER>

DOT Analyst:  Gordon H. Bingham<PHONE_NUMBER>

Responsive pleadings:  None filed

	DISPOSITION

Action:  Approved								Action date:  March 28, 2005

Effective dates of the exemption authority granted:  March 28,
2005-March 28, 2007

Basis for approval (bilateral agreement/reciprocity):  Air Transport
Services Agreement between the United States and Germany (the
Agreement).

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

Special conditions/Partial grant/Denial basis/Remarks:  The authority
granted above is limited to services using small aircraft designed to
have a maximum passenger capacity of not more than 60 seats or a maximum
payload capacity of not more than 18,000 pounds.

We renew, sua sponte, the waiver previously granted Challenge Air (in
this docket) under 14 CFR § 212.12 from the requirement in §
212.9(b)(1) that Challenge Air obtain prior Department approval before
operating fifth-freedom cargo charter flights that are encompassed under
the Agreement.

Action taken by:   Paul L. Gretch, Director

		      Office of International Aviation

________________________________________________________________________
__________________________________________

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

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR §
385.30, may file their petitions within seven (7) days after the date

of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

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

http://dms.dot.gov//reports/reports_aviation.asp

Attachment

In the conduct of the operations authorized, the foreign carrier
applicant(s) shall:

(1)  Not conduct any operations unless it holds a currently effective
authorization from its homeland for such operations, and it has filed a
copy of such authorization with the Department;

(2)  Comply with all applicable requirements of the Federal Aviation
Administration, including, but not limited to, 14 CFR Parts 129, 91, and
36, and with all applicable U.S. Government requirements concerning
security, including, but not limited to, 49 CFR Part 1546 or 1550, as
applicable.  To assure compliance with all applicable U.S. Government
requirements concerning security, the holder shall, before commencing
any new service (including charter flights) from a foreign airport that
would be the holder’s last point of departure for the United States,
contact its International Principal Security Inspector (IPSI) to advise
the IPSI of its plans and to find out whether the Transportation
Security Administration has determined that security is adequate to
allow such airport(s) to be served;

(3)  Comply with the requirements for minimum insurance coverage
contained in 14 CFR Part 205, and, prior to the commencement of any
operations under this authority, file evidence of such coverage, in the
form of a completed OST Form 6411, with the Federal Aviation
Administration’s Program Management Branch (AFS-260), Flight Standards
Service (any changes to, or termination of, insurance also shall be
filed with that office);

(4)  Not operate aircraft under this authority unless it complies with
operational safety requirements at least equivalent to Annex 6 of the
Chicago Convention;

(5)  Conform to the airworthiness and airman competency requirements of
its Government for international air services;

(6)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR Part 203,
concerning waiver of Warsaw Convention liability limits and defenses;

(7)  Agree that operations under this authority constitute a waiver of
sovereign immunity, for the purposes of 28 U.S.C. 1605(a), but only with
respect to those actions or proceedings instituted against it in any
court or other tribunal in the United States that are: (a)  based on its
operations in international air transportation that, according to the
contract of carriage, include a point in the United States as a point of
origin, point of destination, or agreed stopping place, or for which the
contract of carriage was purchased in the United States; or (b)  based
on a claim under any international agreement or treaty cognizable in any
court or other tribunal of the United States.  In this condition, the
term "international air transportation" means "international
transportation" as defined by the Warsaw Convention, except that all
States shall be considered to be High Contracting Parties for the
purpose of this definition;

(8)  Except as specifically authorized by the Department, originate or
terminate all flights to/from the United States in its homeland;

(9)  Comply with the requirements of 14 CFR Part 217, concerning the
reporting of scheduled, nonscheduled, and charter data;

(10) If charter operations are authorized, except as otherwise provided
in the applicable aviation agreement, comply with the Department's rules
governing charters (including 14 CFR Parts 212 and 380); and

(11) Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department, with all applicable orders or regulations of other U.S.
agencies and courts, and with all applicable laws of the United States.

This authority shall not be effective during any period when the holder
is not in compliance with the conditions imposed above.  Moreover, this
authority cannot be sold or otherwise transferred without explicit
Department approval under Title 49 of the U.S. Code.

												05/2004


[Federal Register Volume 87, Number 247 (Tuesday, December 27, 2022)]
[Notices]
[Pages 79418-79419]
[FR Doc No: 2022-28042]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2022-0107]

Agency Information Collection Activities; Renewal of an Approved
Information Collection: Designation of Agents, Motor Carriers, Brokers
and Freight Forwarders

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).

ACTION: Notice and request for comments.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FMCSA
announces its plan to submit the Information Collection Request (ICR)
described below to the Office of Management and Budget (OMB) for its
review and approval and invites public comment. FMCSA requests approval
to renew an ICR titled ``Designation of Agents, Motor Carriers, Brokers
and Freight Forwarders,'' OMB control number 2126-0015. This is
necessary to provide motor carriers, property brokers, and freight
forwarders a means of meeting process agent requirements. No comments
were received from the 60-day Federal Register publication.

DATES: Comments on this notice must be received on or before January
26, 2023.

ADDRESSES: Written comments and recommendations for the proposed
information collection should be sent within 30 days of publication of
this notice to www.reginfo.gov/public/do/PRAMain. Find this information
collection by selecting ``Currently under 30-day Review--Open for
Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Lorenzo Allen, Office of Registration,
DOT, FMCSA, 6th Floor, West Building, 1200 New Jersey Avenue SE,
Washington, DC 20590-0001;<PHONE_NUMBER>; [email protected].

SUPPLEMENTARY INFORMATION: Title: Designation of Agents, Motor
Carriers, Brokers and Freight Forwarders.
    OMB Control Number: 2126-0015.
    Type of Request: Renewal.
    Respondents: Motor carriers, freight forwarders and brokers.
    Estimated Number of Respondents: 20,649.
    Estimated Time per Response: 10 minutes, or 0.167 hours.
    Expiration Date: January 31, 2023.
    Frequency of Response: On occasion.
    Estimated Total Annual Burden: 3,448 hours (20,649 respondents x
0.167 hours per response).

Background

    The Secretary of Transportation (Secretary) is authorized to
register motor carriers under the provisions of 49 U.S.C. 13902;
freight forwarders under the provisions of 49 U.S.C. 13903; and
property brokers under provisions of 49 U.S.C. 13904. These persons may
conduct transportation services only if they are registered pursuant to
49 U.S.C. 13901. The Secretary delegated authority pertaining to these
registration requirements to FMCSA in 49 CFR 1.73(a)(5).
    Registered motor carriers, brokers, and freight forwarders must
designate an agent on whom service of notices in proceedings before the
Secretary may be made (49 U.S.C. 13303). Registered motor carriers must
also designate an agent for every State in which they operate and
traverse in the United States during such operations, on whom process
issued by a court may be served in actions brought against the
registered motor carrier (49 U.S.C. 13304, 49 CFR 366.4T). Every broker
shall make a designation for each State in which its offices are
located or in which contracts are written (49 U.S.C. 13304, 49 CFR
366.4T). Regulations governing the designation of process agents are
found at 49 CFR part 366. This designation is filed with FMCSA on Form
BOC-3, ``Designation of Agents for Service of Process.''

    For this renewal, the program's annual burden hours decreased from
6,508 to 3,448. This is due to an updated estimate of the number of
respondents and responses.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including: (1) whether the proposed
collection is necessary for the performance of FMCSA's functions; (2)
the accuracy of the estimated burden; (3) ways for FMCSA to enhance the
quality, usefulness, and clarity of the collected information; and (4)
ways that the burden could be minimized without reducing the quality of
the collected information.

    Issued under the authority of 49 CFR 1.87.
Thomas P. Keane,
Associate Administrator, Office of Research and Registration.
[FR Doc. 2022-28042 Filed 12-23-22; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 84, Number 131 (Tuesday, July 9, 2019)]
[Notices]
[Pages 32757-32758]
[FR Doc No: 2019-14597]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4439-DR; Docket ID FEMA-2019-0001]

Louisiana; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Louisiana (FEMA-4439-DR), dated June 3, 2019,
and related determinations.

DATES: The declaration was issued June 3, 2019.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated June 3, 2019, the President issued a major disaster declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''), as follows:

    I have determined that the damage in certain areas of the State
of Louisiana resulting from severe storms and tornadoes during the
period of April 24 to April 25, 2019, is of sufficient severity and
magnitude to warrant a major disaster declaration under the Robert
T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C.
5121 et seq. (the ``Stafford Act''). Therefore, I declare that such
a major disaster exists in the State of Louisiana.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Public Assistance in the
designated areas and Hazard Mitigation throughout the State.
Consistent with the requirement that Federal assistance be
supplemental, any Federal funds provided under the Stafford Act for
Hazard Mitigation will be limited to 75 percent of the total
eligible costs. Federal funds provided under the Stafford Act for
Public Assistance also will be limited to 75 percent of the total
eligible costs, with the exception of projects that meet the
eligibility criteria for a higher Federal cost-sharing percentage
under the Public Assistance Alternative Procedures Pilot Program for
Debris Removal implemented pursuant to section 428 of the Stafford
Act.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Traci L. Brasher, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas of the State of Louisiana have been designated
as adversely affected by this major disaster:

    Lincoln, Morehouse, and Union Parishes for Public Assistance.
    All areas within the State of Louisiana are eligible for
assistance under the Hazard Mitigation Grant Program.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households in Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Pete Gaynor,
Acting Administrator, Federal Emergency Management Agency.
[FR Doc. 2019-14597 Filed 7-8-19; 8:45 am]
 BILLING CODE 9111-23-P


[Federal Register: October 10, 2007 (Volume 72, Number 195)]
[Notices]
[Page 57615]
[DOCID:fr10oc07-123]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Pub. L. 94-409, that the Securities and
Exchange Commission will hold the following meeting during the week of
October 9, 2007:
    A Closed Meeting will be held on Thursday, October 11, 2007 at 1:30
p.m.
    Commissioners, Counsel to the Commissioners, the Secretary to the
Commission, and recording secretaries will attend the Closed Meeting.
Certain staff members who have an interest in the matters may also be
present.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(5), (7), (9)(B), and (10) and 17 CFR 200.402(a)(5),
(7), 9(ii) and (10), permit consideration of the scheduled matters at
the Closed Meeting.
    Commissioner Casey, as duty officer, voted to consider the items
listed for the closed meeting in closed session.
    The subject matter of the Closed Meeting scheduled for Thursday,
October 11, 2007 will be:
    Formal order of investigation;
    Institution and settlement of injunctive actions;
    Institution and settlement of administrative proceedings of an
enforcement nature;
    Resolution of litigation claims;
    An adjudicatory matter; and
    Other matters related to enforcement actions.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have
been added, deleted or postponed, please contact:
    The Office of the Secretary at<PHONE_NUMBER>.

    Dated: October 4, 2007.
Nancy M. Morris,
Secretary.
 [FR Doc. E7-19923 Filed 10-9-07; 8:45 am]

BILLING CODE 8011-01-P