[Federal Register Volume 77, Number 6 (Tuesday, January 10, 2012)]
[Notices]
[Pages 1526-1532]
[FR Doc No: 2012-185]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66098; File No. SR-NYSEArca-2011-97]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
of Proposed Rule Change Relating to Listing and Trading of Shares of
the Teucrium Agriculture Fund Under NYSE Arca Equities Rule 8.200

January 4, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'' or ``Exchange Act'') \1\ and Rule 19b-4 thereunder,\2\ notice
is hereby given that, on December 20, 2011, NYSE Arca, Inc.
(``Exchange'' or ``NYSE Arca'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I and II below, which Items have been prepared by the Exchange.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C.78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to list and trade shares of the Teucrium
Agriculture Fund under NYSE Arca Equities Rule 8.200. The text of the
proposed rule change is available at the Exchange, the Commission's
Public Reference Room, and www.nyse.com.

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 self-regulatory organization
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 those 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
    NYSE Arca Equities Rule 8.200, Commentary .02 permits the trading
of Trust Issued Receipts (``TIRs'') either by listing or pursuant to
unlisted trading privileges (``UTP'').\3\ The Exchange proposes to list
and trade shares (``Shares'') of the Teucrium Agriculture Fund
(``Fund'') pursuant to NYSE Arca Equities Rule 8.200.
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    \3\ Commentary .02 to NYSE Arca Equities Rule 8.200 applies to
TIRs that invest in ``Financial Instruments.'' The term ``Financial
Instruments,'' as defined in Commentary .02(b)(4) to NYSE Arca
Equities Rule 8.200, means any combination of investments, including
cash; securities; options on securities and indices; futures
contracts; options on futures contracts; forward contracts; equity
caps, collars and floors; and swap agreements.
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    The Exchange notes that the Commission has previously approved the
listing and trading of other issues of TIRs on the American Stock
Exchange LLC,\4\ trading on NYSE Arca pursuant to UTP,\5\ and listing
on NYSE Arca.\6\ Among these are the Teucrium Corn Fund, Teucrium Wheat
Fund, Teucrium Soybean Fund, and Teucrium Sugar Fund, each a series of
the Teucrium Commodity Trust (``Trust'').\7\ In addition, the
Commission has approved other exchange-traded fund-like products linked
to the performance of underlying commodities.\8\
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    \4\ See, e.g., Securities Exchange Act Release No. 58161 (July
15, 2008), 73 FR 42380 (July 21, 2008) (SR-Amex-2008-39).
    \5\ See, e.g., Securities Exchange Act Release No. 58163 (July
15, 2008), 73 FR 42391 (July 21, 2008) (SR-NYSEArca-2008-73).
    \6\ See, e.g., Securities Exchange Act Release No. 58457
(September 3, 2008), 73 FR 52711 (September 10, 2008) (SR-NYSEArca-
2008-91).
    \7\ See Securities Exchange Act Release Nos. 62213 (June 3,
2010), 75 FR 32828 (June 9, 2010) (SR-NYSEArca-2010-22) (order
approving listing on the Exchange of Teucrium Corn Fund); 65344
(September 15, 2011), 76 FR 58549 (September 21, 2011) (SR-NYSEArca-
2011-48) (order approving listing on the Exchange of the Teucrium
Wheat Fund, Teucrium Soybean Fund, and Teucrium Sugar Fund).
    \8\ See, e.g., Securities Exchange Act Release Nos. 57456 (March
7, 2008), 73 FR 13599 (March 13, 2008) (SR-NYSEArca-2007-91) (order
granting accelerated approval for NYSE Arca listing and trading of
the iShares GS Commodity Trusts); 59781 (April 17, 2009), 74 FR
18771 (April 24, 2009) (SR-NYSEArca-2009-28) (order granting
accelerated approval for NYSE Arca listing and trading of the ETFS
Silver Trust); 59895 (May 8, 2009), 74 FR 22993 (May 15, 2009) (SR-
NYSEArca-2009-40) (order granting accelerated approval for NYSE Arca
listing and trading of the ETFS Gold Trust); 61219 (December 22,
2009), 74 FR 68886 (December 29, 2009) (SR-NYSEArca-2009-95) (order
approving listing and trading on NYSE Arca of the ETFS Platinum
Trust).
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    The Shares represent beneficial ownership interests in the Fund, as
described in the Registration Statement for the Fund.\9\ The Fund is a
commodity pool that is a series of the Trust, a Delaware statutory
trust. The Fund is managed and controlled by Teucrium Trading, LLC
(``Sponsor''). The Sponsor is a Delaware limited liability company that
is registered as a commodity pool operator (``CPO'') with the U.S.
Commodity Futures Trading Commission (``CFTC'') and is a member

of the National Futures Association. The Bank of New York Mellon
(``Custodian'' or ``Administrator'') is the custodian, transfer agent
and administrator for the Fund. Foreside Fund Services, LLC
(``Distributor'') is the distributor for the Fund's Shares.
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    \9\ See Amendment No. 1 to Form S-1 for Teucrium Commodity
Trust, dated December 5, 2011 (File No. 333-173691) relating to the
Fund (``Registration Statement''). The discussion herein relating to
the Trust and the Shares is based, in part, on the Registration
Statement. See also Amendment No. 4 to the Registration Statement on
Form S-1 for Teucrium Commodity Trust, dated May 26, 2010 (File No.
333-162033) relating to the Teucrium Corn Fund; Amendment No. 3 to
Form S-1 for Teucrium Commodity Trust, dated June 3, 2011 (File No.
333-167591) relating to the Teucrium Wheat Fund; Amendment No. 3 to
Form S-1 for Teucrium Commodity Trust, dated June 3, 2011 (File No.
333-167590) relating to the Teucrium Soybean Fund; and Amendment No.
3 to Form S-1 for Teucrium Commodity Trust, dated June 3, 2011 (File
No. 333-167585) relating to the Teucrium Sugar Fund.
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Teucrium Agriculture Fund
    According to the Registration Statement, the investment objective
of the Fund is to have the daily changes in percentage terms of the
Shares' net asset value (``NAV'') reflect the daily changes in
percentage terms of a weighted average (``Underlying Fund Average'') of
the NAVs per share of four other commodity pools that are series of the
Trust and are sponsored by the Sponsor: The Teucrium Corn Fund, the
Teucrium Wheat Fund, the Teucrium Soybean Fund and the Teucrium Sugar
Fund (collectively, ``Underlying Funds'').\10\ The Fund seeks to
achieve its investment objective by investing under normal market
conditions \11\ in the publicly-traded shares of each Underlying Fund
so that the Underlying Fund Average will have a weighting of 25% for
each Underlying Fund, and the Fund's assets will be rebalanced,
generally on a daily basis, to maintain the approximate 25% allocation
to each Underlying Fund. The Fund does not intend to invest directly in
futures contracts (``Futures Contracts'') or other Commodity Interests
(as defined below), although it reserves the right to do so in the
future, including if an Underlying Fund ceases operations or if shares
of an Underlying Fund cease trading on the Exchange.
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    \10\ Additional information regarding the Underlying Funds is
included in the proposed rule changes approved by the Commission for
the Underlying Funds and in their corresponding registration
statements. See notes 7 and 9, supra.
    \11\ The term ``under normal market conditions'' includes, but
is not limited to, the absence of extreme volatility or trading
halts in the commodity markets or the financial markets generally;
operational issues causing dissemination of inaccurate market
information; or force majeure type events such as systems failure,
natural or man-made disaster, act of God, armed conflict, act of
terrorism, riot or labor disruption or any similar intervening
circumstance.
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    According to the Registration Statement, the investment objective
of each Underlying Fund is to have the daily changes in percentage
terms of its shares' NAV reflect the daily changes in percentage terms
of a weighted average of the closing settlement prices for certain
Futures Contracts for the commodity specified in the Underlying Fund's
name. (This weighted average is referred to herein as the Underlying
Fund's ``Benchmark,'' the Futures Contracts that at any given time make
up an Underlying Fund's Benchmark are referred to herein as the
Underlying Fund's ``Benchmark Component Futures Contracts,'' and the
commodity specified in the Underlying Fund's name is referred to herein
as its ``Specified Commodity''). Specifically, the Teucrium Corn Fund's
Benchmark is: (1) The second-to-expire Futures Contract for corn traded
on the Chicago Board of Trade (``CBOT''), weighted 35%, (2) the third-
to-expire CBOT corn Futures Contract, weighted 30%, and (3) the CBOT
corn Futures Contract expiring in the December following the expiration
month of the third-to-expire contract, weighted 35%. The Teucrium Wheat
Fund's Benchmark is: (1) The second-to-expire CBOT wheat Futures
Contract, weighted 35%, (2) the third-to-expire CBOT wheat Futures
Contract, weighted 30%, and (3) the CBOT wheat Futures Contract
expiring in the December following the expiration month of the third-
to-expire contract, weighted 35%. The Teucrium Soybean Fund's Benchmark
is: (1) The second-to-expire CBOT soybean Futures Contract, weighted
35%, (2) the third-to-expire CBOT soybean Futures Contract, weighted
30%, and (3) the CBOT soybean Futures Contract expiring in the November
following the expiration month of the third-to-expire contract,
weighted 35%, except that CBOT soybean Futures Contracts expiring in
August and September will not be part of the Teucrium Soybean Fund's
Benchmark because of the less liquid market for these Futures
Contracts. The Teucrium Sugar Fund's Benchmark is: (1) The second-to-
expire Sugar No. 11 Futures Contract traded on ICE Futures U.S. (``ICE
Futures''),\12\ weighted 35%, (2) the third-to-expire ICE Futures Sugar
No. 11 Futures Contract, weighted 30%, and (3) the ICE Futures Sugar
No. 11 Futures Contract expiring in the March following the expiration
month of the third-to-expire contract, weighted 35%.
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    \12\ According to the Registration Statement, although sugar
Futures Contracts are primarily traded on the ICE Futures, they may
also be traded on the New York Mercantile Exchange (``NYMEX'').
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    Each Underlying Fund seeks to achieve its investment objective by
investing under normal market conditions in Benchmark Component Futures
Contracts or, in certain circumstances, in other Futures Contracts for
its Specified Commodity. In addition, and to a limited extent, an
Underlying Fund also may invest in exchange-traded options on Futures
Contracts for its Specified Commodity and in swap agreements \13\ based
on its Specified Commodity that are cleared through a futures exchange
or its affiliated provider of clearing services (``Cleared Swaps'') in
furtherance of the Underlying Fund's investment objective. Once
position limits or accountability levels on Futures Contracts on an
Underlying Fund's Specified Commodity are reached, each Underlying
Fund's intention is to invest first in Cleared Swaps based on its
Specified Commodity to the extent practicable under the position limits
or accountability levels applicable to such Cleared Swaps and
appropriate in light of the liquidity in the market for such Cleared
Swaps, and then in contracts and instruments such as cash-settled
options on Futures Contracts and forward contracts, swaps other than
Cleared Swaps, and other over-the-counter transactions that are based
on the price of its Specified Commodity or Futures Contracts on its
Specified Commodity (collectively, ``Other Commodity Interests,'' and,
together with Futures Contracts and Cleared Swaps, ``Commodity
Interests''). According to the Registration Statement, by utilizing
certain or all of these investments, the Sponsor will endeavor to cause
each Underlying Fund's performance to closely track that of its
Benchmark.
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    \13\ According to the Registration Statement, a cleared swap
agreement is a standard contract to exchange a periodic stream of
payments determined by reference to a notional amount, with one
party's payments determined by reference to a specified price for an
underlying asset or index, and the other's determined by reference
to the current market price of that asset or index. Cleared swaps
may be executed bilaterally or on an exchange or other trading
platform, but must be accepted for clearing by a derivatives
clearing organization.
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    The Underlying Funds seek to achieve their investment objectives
primarily by investing in Commodity Interests such that daily changes
in the Underlying Fund's NAV will be expected to closely track the
changes in its Benchmark. Each Underlying Fund's positions in Commodity
Interests will be changed or ``rolled'' on a regular basis in order to
track the changing nature of its Benchmark. For example, several times
a year (on the dates on which Futures Contracts on the Underlying
Fund's Specified Commodity expire), a particular Futures Contract will
no longer be a Benchmark Component Futures Contract, and the Underlying
Fund's investments will have to be changed accordingly. In order that
the Underlying Funds' trading does not cause unwanted market movements
and to make it more difficult for third parties to profit by trading
based on such expected market movements, the Underlying Funds'
investments typically will not be rolled entirely on that day, but
rather will typically be rolled over a period of several days.

    Consistent with achieving each Underlying Fund's investment
objective of closely tracking its Benchmark, the Sponsor may for
certain reasons cause the Underlying Fund to enter into or hold Futures
Contracts other than the Benchmark Component Futures Contracts, Cleared
Swaps and/or Other Commodity Interests. For example, certain Cleared
Swaps have standardized terms similar to, and are priced by reference
to, a corresponding Benchmark Component Futures Contract. Additionally,
Other Commodity Interests that do not have standardized terms and are
not exchange-traded, referred to as ``over-the-counter'' Commodity
Interests, can generally be structured as the parties to the Commodity
Interest contract desire. Therefore, an Underlying Fund might enter
into multiple Cleared Swaps and/or over-the-counter Commodity Interests
related to its Specified Commodity that are intended to exactly
replicate the performance of Benchmark Component Futures Contracts of
the Underlying Fund, or a single over-the-counter Commodity Interest
designed to replicate the performance of its Benchmark as a whole.
Assuming that there is no default by a counterparty to an over-the-
counter Commodity Interest, the performance of the Commodity Interest
will necessarily correlate exactly with the performance of the
Underlying Fund's Benchmark or the applicable Benchmark Component
Futures Contract.\14\ The Underlying Funds might also enter into or
hold Commodity Interests other than Benchmark Component Futures
Contracts to facilitate effective trading, consistent with the
discussion of an Underlying Fund's ``roll'' strategy in the preceding
paragraph. In addition, an Underlying Fund might enter into or hold
Commodity Interests related to its Specified Commodity that would be
expected to alleviate overall deviation between the Underlying Fund's
performance and that of its Benchmark that may result from certain
market and trading inefficiencies or other reasons. According to the
Registration Statement, by utilizing certain or all of the investments
described above, the Sponsor will endeavor to cause each Underlying
Fund's performance to closely track that of its Benchmark.
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    \14\ With respect to the Underlying Funds, the creditworthiness
of each potential counterparty will be assessed by the Sponsor. The
Sponsor will assess or review, as appropriate, the creditworthiness
of each potential or existing counterparty to an over-the-counter
contract pursuant to guidelines approved by the Sponsor.
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    While the Fund expects to maintain substantially all of its assets
in shares of the Underlying Funds at all times, the Fund may hold some
residual amount of assets in obligations of the United States
government (``Treasury Securities'') or cash equivalents, and/or hold
such assets in cash (generally in interest-bearing accounts). The
Underlying Funds invest in Commodity Interests to the fullest extent
possible without being leveraged \15\ or unable to satisfy their
expected current or potential margin or collateral obligations with
respect to their investments in Commodity Interests. After fulfilling
such margin and collateral requirements, the Underlying Funds will
invest the remainder of the proceeds from the sale of baskets (as
described below) in Treasury Securities or cash equivalents, and/or
hold such assets in cash. Therefore, the focus of the Sponsor in
managing the Underlying Funds is investing in Commodity Interests and
in Treasury Securities, cash and/or cash equivalents. The Fund and
Underlying Funds will earn interest income from the Treasury Securities
and/or cash equivalents that it purchases and on the cash it holds
through the Custodian.
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    \15\ The Sponsor represents that the Fund and Underlying Funds
will invest in their applicable Commodity Interests in a manner
consistent with their respective investment objectives and not to
achieve additional leverage.
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    The Sponsor will endeavor to place the Fund's trades in the
Underlying Funds and otherwise manage the Fund's investments so that
the Fund's average daily tracking error against the Underlying Fund
Average will be less than 10 percent over any period of 30 trading
days. More specifically, the Sponsor will endeavor to manage the Fund
so that A will be within plus/minus 10 percent of B, where A is the
average daily change in the Fund's NAV for any period of 30 successive
valuation days, i.e., any trading day as of which the Fund calculates
its NAV, and B is the average daily change in the Underlying Fund
Average over the same period.\16\
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    \16\ According to the Registration Statement, the Sponsor
believes that market arbitrage opportunities will cause the Fund's
Share price on the NYSE Arca to closely track the Fund's NAV per
Share. The Sponsor believes that the net effect of this expected
relationship and the expected relationship described above between
the Fund's NAV and the Underlying Fund Average will be that the
changes in the price of the Fund's Shares on the NYSE Arca will
closely track, in percentage terms, changes in the Underlying Fund
Average.
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    According to the Registration Statement, the Sponsor employs a
``neutral'' investment strategy intended so that the Fund will track
the changes in the Underlying Fund Average and each Underlying Fund
will track the changes in its Benchmark regardless of whether the
Underlying Fund Average or Benchmark goes up or down. According to the
Registration Statement, the Fund's and Underlying Funds' ``neutral''
investment strategies are designed to permit investors generally to
purchase and sell the Fund's Shares for the purpose of investing
indirectly in the agricultural commodities market in a cost-effective
manner. Such investors may include participants in agricultural
industries and other industries seeking to hedge the risk of losses in
their commodity-related transactions, as well as investors seeking
exposure to the agricultural commodities market. The Sponsor does not
intend to operate the Fund or an Underlying Fund in a fashion such that
its per share NAV will equal, in dollar terms, the spot price of a unit
of a Specified Commodity or the price of any particular Futures
Contract.
    According to the Registration Statement, the Fund and the
Underlying Funds do not intend to limit the size of their offerings and
will attempt to expose substantially all of their proceeds to the
agricultural commodities market either directly through Commodity
Interests or, in the case of the Fund, indirectly through the
Underlying Funds. If an Underlying Fund encounters position limits or
price fluctuation limits for Futures Contracts and/or Cleared Swaps on
U.S. exchanges, it may then, if permitted under applicable regulatory
requirements, purchase Other Commodity Interests and/or Futures
Contracts listed on foreign exchanges. However, the Futures Contracts
available on such foreign exchanges may have different underlying
sizes, deliveries, and prices than the Benchmark Component Futures
Contracts. In addition, the Futures Contracts available on these
exchanges may be subject to their own position limits or similar
restrictions. In any case, notwithstanding the potential availability
of these instruments in certain circumstances, position limits could
force the Fund and the Underlying Funds to limit the number of Creation
Baskets (as defined below) that they sell.\17\
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    \17\ With respect to the Fund, there will be no specified limit
on the maximum amount of Creation Baskets that can be sold. At some
point, however, applicable position limits may practically limit the
number of Creation Baskets that will be sold if the Sponsor
determines that the other investment alternatives available to the
Fund at that time will not enable it to meet its stated investment
objective.
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Calculation of NAV
    The Fund's NAV is calculated by taking the current market value of
its total assets and subtracting any liabilities. The Administrator
will

calculate the NAV of the Fund once each trading day as of the earlier
of the close of the New York Stock Exchange (``NYSE'') or 4 p.m.
Eastern time (``E.T.''). The NAV for a particular trading day will be
released after 4:15 p.m. E.T.
    For purposes of determining the Fund's NAV, the Fund's investments
in the Underlying Funds will be valued based on the Underlying Funds'
NAVs. In turn, in determining the value of the Futures Contracts held
by the Underlying Funds, the Administrator will use the closing price
on the exchange on which they are traded. The Administrator will
determine the value of all other Fund and Underlying Fund investments
as of the earlier of the close of the NYSE or 4 p.m. E.T. The value of
Cleared Swaps and over-the-counter Commodity Interests will be
determined based on the value of the commodity or Futures Contract
underlying such Commodity Interest, except that a fair value may be
determined if the Sponsor believes that the Underlying Fund is subject
to significant credit risk relating to the counterparty to such
Commodity Interest. Treasury Securities held by the Fund or Underlying
Funds will be valued by the Administrator using values received from
recognized third-party vendors (such as Reuters) and dealer quotes. NAV
will include any unrealized profit or loss on open Commodity Interests
held by each Underlying Fund and any other credit or debit accruing to
the Fund but unpaid or not received by the Fund.
Dissemination of Indicative Fund Value
    The Indicative Fund Value (``IFV'') will be calculated by using the
prior day's closing NAV per Share of the Fund as a base and updating
that value throughout the NYSE Arca Core Trading Session (9:30 a.m. to
4 p.m. E.T.) to reflect changes in the values of the Underlying Funds'
shares. Changes in the value of Treasury Securities and cash
equivalents will not be included in the calculation of IFV. For this
and other reasons, the IFV disseminated during NYSE Arca trading hours
should not be viewed as an actual real time update of the NAV.
    The IFV for the Fund and each Underlying Fund will be widely
disseminated by one or more major market data vendors on a per share
basis every 15 seconds during the NYSE Arca Core Trading Session.\18\
The normal trading hours for Futures Contracts may begin after 9:30
a.m. and end before 4 p.m. E.T., and there is a gap in time at the
beginning and the end of each day during which the Underlying Funds'
shares are traded on the NYSE Arca, but real-time trading prices for at
least some of the Futures Contracts held by the Underlying Funds are
not available. As a result, during those gaps there will be no update
to the IFVs of the Underlying Funds and such IFVs, therefore, will be
static.
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    \18\ Currently, it is the Exchange's understanding that several
major market data vendors display and/or make widely available IFVs
published on Consolidated Tape Association (``CTA'') or other data
feeds.
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Creation and Redemption of Shares
    The Fund will create and redeem Shares from time to time, but only
in one or more ``Creation Baskets'' or ``Redemption Baskets,'' each
consisting of 100,000 Shares. The creation and redemption of baskets
are made in exchange for delivery to the Fund or the distribution by
the Fund of the amount of cash equal to the combined NAV of the number
of Shares included in the baskets being created or redeemed determined
as of 4 p.m. E.T. on the day the order to create or redeem baskets is
properly received.
    Authorized Purchasers are the only persons that may place orders to
create and redeem baskets. Authorized Purchasers must be (1) either
registered broker-dealers or other securities market participants, such
as banks and other financial institutions that are not required to
register as broker-dealers to engage in securities transactions as
described in the Registration Statement, and (2) Depository Trust
Company participants.
    The total deposit required to create each basket (``Creation Basket
Deposit'') is the amount of Treasury Securities and/or cash that is in
the same proportion to the total assets of the Fund (net of estimated
accrued but unpaid fees, expenses and other liabilities) on the
purchase order date as the number of Shares to be created under the
purchase order is in proportion to the total number of Shares
outstanding on the purchase order date.
    The procedures by which an Authorized Purchaser can redeem one or
more baskets mirror the procedures for the creation of baskets. On any
business day, an Authorized Purchaser may place an order with the
Distributor to redeem one or more baskets. Creation and redemption
orders must be placed by noon E.T.
    The redemption distribution from the Fund will consist of a
transfer to the redeeming Authorized Purchaser of an amount of Treasury
Securities and/or cash that is in the same proportion to the total
assets of the Fund (net of estimated accrued but unpaid fees, expenses
and other liabilities) on the date the order to redeem is properly
received as the number of Shares to be redeemed under the redemption
order is in proportion to the total number of Shares outstanding on the
date the order is received.
    The Fund will meet the initial and continued listing requirements
applicable to TIRs in NYSE Arca Equities Rule 8.200 and Commentary .02
thereto. With respect to application of Rule 10A-3 under the Act,\19\
the Trust will rely on the exception contained in Rule 10A-3(c)(7).\20\
A minimum of 100,000 Shares for the Fund will be outstanding as of the
start of trading on the Exchange.
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    \19\ 17 CFR 240.10A-3.
    \20\ 17 CFR 240.10A-3(c)(7).
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    A more detailed description of the Fund, Underlying Funds, fees,
Commodity Interests and other aspects of the applicable commodities
markets, as well as investment risks, are set forth in the Registration
Statement and the registration statements relating to the Underlying
Funds and the releases approving the listing and trading of the
Underlying Funds.\21\ All terms relating to the Fund that are referred
to, but not defined in, this proposed rule change are defined in the
Registration Statement.
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    \21\ See notes 7 and 9, supra.
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Availability of Information Regarding the Shares
    The Web site for the Fund (www.teucriumtagsfund.com) and/or the
Exchange, which will be publicly accessible at no charge, will contain
the following information: (a) The current NAV per Share daily and the
prior business day's NAV and the reported closing price; (b) the
midpoint of the bid-ask price in relation to the NAV as of the time the
NAV is calculated (``Bid-Ask Price''); (c) calculation of the premium
or discount of such price against such NAV; (d) the bid-ask price of
Shares determined using the highest bid and lowest offer as of the time
of calculation of the NAV; (e) data in chart form displaying the
frequency distribution of discounts and premiums of the Bid-Ask Price
against the NAV, within appropriate ranges for each of the four (4)
previous calendar quarters; (f) the prospectus; and (g) other
applicable quantitative information. The Fund will also disseminate the
Fund's holdings on a daily basis on the Fund's Web site.
    The NAV for the Fund will be calculated by the Administrator once a
day and will be disseminated daily to all market participants at the
same time. The Exchange will also make available

on its Web site daily trading volume of each of the Shares and shares
of the Underlying Funds, closing prices of the Shares and shares of the
Underlying Funds, and the corresponding NAV for the Fund and the
Underlying Funds. The closing price and settlement prices of the corn,
wheat and soybean Futures Contracts are also readily available from the
CBOT, and of sugar Futures Contracts from ICE Futures. In addition,
such prices are available from automated quotation systems, published
or other public sources, or on-line information services such as
Bloomberg or Reuters. Each Benchmark and the Underlying Fund Average
will be disseminated by one or more major market data vendors every 15
seconds during the NYSE Arca Core Trading Session of 9:30 a.m. to 4
p.m. E.T. Quotation and last-sale information regarding the Shares and
shares of the Underlying Funds will be disseminated through the
facilities of the CTA.
    The daily settlement prices for the corn, wheat and soybeans
Futures Contracts are publicly available on the Web site of the CBOT
(www.cmegroup.com) and, for the sugar Futures Contracts, on the Web
site of ICE Futures (www.theice.com). In addition, various data vendors
and news publications publish futures prices and data. The Exchange
represents that quotation and last sale information for the corn,
wheat, soybeans and sugar Futures Contracts are widely disseminated
through a variety of major market data vendors worldwide, including
Bloomberg and Reuters. In addition, the Exchange further represents
that complete real-time data for such contracts is available by
subscription from Reuters and Bloomberg. The CBOT and ICE Futures also
provide delayed futures information on current and past trading
sessions and market news free of charge on their Web sites. The
specific contract specifications for such contracts are also available
at the CBOT and ICE Futures Web sites, as well as other financial
informational sources. The spot price of corn, wheat, soybeans and
sugar also is available on a 24-hour basis from major market data
vendors.
    The Fund will provide Web site disclosure of its portfolio holdings
daily and will include the names, quantity, price and market value of
shares of the Underlying Funds held by the Fund and other financial
instruments, if any, and the characteristics of such instruments and
cash equivalents, and amount of cash held in the portfolio of the Fund.
In addition, the Underlying Funds provide Web site disclosure of their
respective portfolio holdings daily and include the names, quantity,
price and market value of such holdings and the characteristics of such
holdings. The Web site disclosure of the portfolio composition of the
Fund will occur at the same time as the disclosure by the Sponsor of
the portfolio composition to Authorized Purchasers so that all market
participants are provided portfolio composition information at the same
time. Therefore, the same portfolio information will be provided on the
public Web site as well as in electronic files provided to Authorized
Purchasers. Accordingly, each investor will have access to the current
portfolio composition of the Fund and each Underlying Fund through the
applicable fund's Web site.
Trading Rules
    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. Shares will trade on
the NYSE Arca Marketplace from 4 a.m. to 8 p.m. E.T. The Exchange has
appropriate rules to facilitate transactions in the Shares during all
trading sessions. As provided in NYSE Arca Equities Rule 7.6,
Commentary .03, the minimum price variation (``MPV'') for quoting and
entry of orders in equity securities traded on the NYSE Arca
Marketplace is $0.01, with the exception of securities that are priced
less than $1.00 for which the MPV for order entry is $0.0001.
    The trading of the Shares will be subject to NYSE Arca Equities
Rule 8.200, Commentary .02(e), which sets forth certain restrictions on
Equity Trading Permit (``ETP'') Holders acting as registered Market
Makers in TIRs to facilitate surveillance. See ``Surveillance'' below
for more information.
    With respect to trading halts, the Exchange may consider all
relevant factors in exercising its discretion to halt or suspend
trading in the Shares. Trading may be halted because of market
conditions or for reasons that, in the view of the Exchange, make
trading in the Shares inadvisable. These may include: (1) The extent to
which trading is not occurring in the Futures Contracts or shares of
the Underlying Funds, or (2) whether other unusual conditions or
circumstances detrimental to the maintenance of a fair and orderly
market are present. In addition, trading in Shares will be subject to
trading halts caused by extraordinary market volatility pursuant to the
Exchange's ``circuit breaker'' rule \22\ or by the halt or suspension
of trading of the Futures Contracts or shares of the Underlying Funds.
---------------------------------------------------------------------------

    \22\ See NYSE Arca Equities Rule 7.12.
---------------------------------------------------------------------------

    The Exchange represents that the Exchange may halt trading during
the day in which an interruption to the dissemination of the IFV or the
Underlying Fund Average or the value of the applicable Benchmark
Component Futures Contracts or the applicable Benchmark occurs. If the
interruption to the dissemination of the IFV, the Underlying Fund
Average, the value of the applicable Benchmark Component Futures
Contracts or the applicable Benchmark persists past the trading day in
which it occurred, the Exchange will halt trading no later than the
beginning of the trading day following the interruption.\23\ In
addition, if the Exchange becomes aware that the NAV with respect to
the Shares is not disseminated to all market participants at the same
time, it will halt trading in the Shares until such time as the NAV is
available to all market participants.
---------------------------------------------------------------------------

    \23\ The Exchange notes that, for each of the Underlying Funds,
the Exchange may halt trading during the day in which an
interruption to the dissemination of the IFV or the value of the
applicable Benchmark Component Futures Contracts or Benchmark
occurs.
---------------------------------------------------------------------------

Surveillance
    The Exchange intends to utilize its existing surveillance
procedures applicable to derivative products, including TIRs, to
monitor trading in the Shares. The Exchange represents that these
procedures are adequate to properly monitor Exchange trading of the
Shares in all trading sessions and to deter and detect violations of
Exchange rules and applicable federal securities laws.
    The Exchange's current trading surveillances focus on detecting
securities trading outside their normal patterns. When such situations
are detected, surveillance analysis follows and investigations are
opened, where appropriate, to review the behavior of all relevant
parties for all relevant trading violations. The Exchange is able to
obtain information regarding trading in the Shares, shares of the
Underlying Funds, and the physical commodities included in, or options,
futures or options on futures on, Shares and shares of the Underlying
Funds through ETP Holders, in connection with such ETP Holders'
proprietary or customer trades through ETP Holders which they effect on
any relevant market. The Exchange can obtain market surveillance
information, including customer identity information, with respect to
transactions occurring on exchanges

that are members of the Intermarket Surveillance Group (``ISG'') or
with which the Exchange has in place a comprehensive surveillance
sharing agreement. With respect to the Underlying Funds, which are
listed and traded on the Exchange, the Exchange can obtain market
surveillance information from CBOT, NYMEX and ICE Futures, which are
ISG members, and from Kansas City Board of Trade (``KCBT'') and
Minneapolis Grain Exchange (``MGEX'') in that the Exchange has in place
a comprehensive surveillance sharing agreement with KCBT and MGEX. A
list of ISG members is available at www.isgportal.org.\24\
---------------------------------------------------------------------------

    \24\ The Exchange notes that not all Futures Contracts may trade
on markets that are members of ISG or with which the Exchange has in
place a comprehensive surveillance sharing agreement.
---------------------------------------------------------------------------

    In addition, to the extent that the Fund invests in Futures
Contracts, not more than 10% of the weight of such Futures Contracts in
the aggregate shall consist of components whose principal trading
market is not a member of ISG or is a market with which the Exchange
does not have a comprehensive surveillance sharing agreement.\25\
---------------------------------------------------------------------------

    \25\ The Exchange notes that, with respect to the Underlying
Funds' Futures Contracts traded on exchanges, not more than 10% of
the weight of such Futures Contracts in the aggregate shall consist
of components whose principal trading market is not a member of ISG
or is a market with which the Exchange does not have a comprehensive
surveillance sharing agreement.
---------------------------------------------------------------------------

    The Exchange also has a general policy prohibiting the distribution
of material, non-public information by its employees.
Information Bulletin
    Prior to the commencement of trading, the Exchange will inform its
ETP Holders in an Information Bulletin of the special characteristics
and risks associated with trading the Shares. Specifically, the
Information Bulletin will discuss the following: (1) The risks involved
in trading the Shares during the Opening and Late Trading Sessions when
an updated IFV will not be calculated or publicly disseminated; (2) the
procedures for purchases and redemptions of Shares in Creation Baskets
and Redemption Baskets (and that Shares are not individually
redeemable); (3) NYSE Arca Equities Rule 9.2(a), which imposes a duty
of due diligence on its ETP Holders to learn the essential facts
relating to every customer prior to trading the Shares; (4) how
information regarding the IFV is disseminated; (5) the requirement that
ETP Holders deliver a prospectus to investors purchasing newly issued
Shares prior to or concurrently with the confirmation of a transaction;
and (6) trading information.
    In addition, the Information Bulletin will advise ETP Holders,
prior to the commencement of trading, of the prospectus delivery
requirements applicable to the Fund. The Exchange notes that investors
purchasing Shares directly from the Fund will receive a prospectus. ETP
Holders purchasing Shares from the Fund for resale to investors will
deliver a prospectus to such investors. The Information Bulletin will
also discuss any exemptive, no-action and interpretive relief granted
by the Commission from any rules under the Act.
    In addition, the Information Bulletin will reference that the Fund
is subject to various fees and expenses described in the Registration
Statement. The Information Bulletin will also reference that the CFTC
has regulatory jurisdiction over the trading of corn, wheat, soybean
and sugar futures contracts traded on U.S. markets.
    The Information Bulletin will also disclose the trading hours of
the Shares of the Fund and that the NAV for the Shares is calculated
after 4 p.m. E.T. each trading day. The Bulletin will disclose that
information about the Shares of the Fund is publicly available on the
Fund's Web site.
2. Statutory Basis
    The basis under the Act for this proposed rule change is the
requirement under Section 6(b)(5) \26\ that an exchange have rules that
are designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to remove
impediments to, and perfect the mechanism of a free and open market
and, in general, to protect investors and the public interest.
---------------------------------------------------------------------------

    \26\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change is designed to
prevent fraudulent and manipulative acts and practices in that the
Shares will be listed and traded on the Exchange pursuant to the
initial and continued listing criteria in NYSE Arca Equities Rule 8.200
and Commentary .02 thereto. The Exchange has in place surveillance
procedures that are adequate to properly monitor trading in the Shares
in all trading sessions and to deter and detect violations of Exchange
rules and applicable federal securities laws. The Benchmark Component
Futures Contracts are traded on futures exchanges that are members of
ISG or with which the Exchange has in place a comprehensive
surveillance sharing agreement. The closing price and settlement prices
of the Futures Contracts for corn, wheat and soybeans are readily
available from the CBOT, and of Futures Contracts for sugar from ICE
Futures. In addition, such prices are available from automated
quotation systems, published or other public sources, or on-line
information services such as Bloomberg or Reuters. Each Benchmark and
the Underlying Fund Average will be disseminated by one or more major
market data vendors every 15 seconds during the NYSE Arca Core Trading
Session of 9:30 a.m. to 4 p.m. E.T. The Fund and the Underlying Funds
will provide Web site disclosure of their portfolio holdings daily.
Quotation and last-sale information regarding the Shares and shares of
the Underlying Funds will be disseminated through the facilities of the
CTA. The IFV for the Fund and the Underlying Funds will be widely
disseminated on a per share basis by one or more major market data
vendors every 15 seconds during the NYSE Arca Core Trading Session. The
Exchange may halt trading during the day in which the interruption to
the dissemination of the IFV or the Underlying Fund Average or the
value of the applicable Benchmark Component Futures Contracts or the
applicable Benchmark occurs. If the interruption to the dissemination
of the IFV, or the Underlying Fund Average or the value of the
applicable Benchmark Component Futures Contracts or the applicable
Benchmark persists past the trading day in which it occurred, the
Exchange will halt trading no later than the beginning of the trading
day following the interruption. In addition, if the Exchange becomes
aware that the NAV with respect to the Shares is not disseminated to
all market participants at the same time, it will halt trading in the
Shares until such time as the NAV is available to all market
participants.
    The proposed rule change is designed to promote just and equitable
principles of trade and to protect investors and the public interest in
that a large amount of information is publicly available regarding the
Fund and the Shares, thereby promoting market transparency. The NAV per
Share will be calculated daily and made available to all market
participants at the same time. One or more major market data vendors
will disseminate for the Fund and the Underlying Funds on a daily basis
information with respect to the recent NAV per share and shares
outstanding.
    The proposed rule change is designed to perfect the mechanism of a
free and open market and, in general, to protect investors and the
public interest in that it will facilitate the listing and trading of
an additional type of exchange-traded

product that will enhance competition among market participants, to the
benefit of investors and the marketplace. As noted above, the Exchange
has in place surveillance procedures relating to trading in the Shares
and may obtain information via ISG from other exchanges that are
members of ISG or with which the Exchange has entered into a
comprehensive surveillance sharing agreement. In addition, as noted
above, investors will have ready access to information regarding the
Fund's holdings, IFV, and quotation and last sale information for the
Shares.

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 purposes of the Act.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) By order approve or disapprove the proposed rule change, or
    (B) Institute proceedings to determine whether the proposed rule
change should be 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_ADDRESS>Please include
File Number SR-NYSEArca-2011-97 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2011-97. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Section, 100 F Street
NE., Washington, DC 20549-1090, on official business days between 10
a.m. and 3 p.m. Copies of the filing will also be available for
inspection and copying at the NYSE's principal office and on its
Internet Web site at www.nyse.com. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-NYSEArca-2011-97 and should be submitted on or before
January 31, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\27\
---------------------------------------------------------------------------

    \27\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-185 Filed 1-9-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 82 (Monday, May 1, 2017)]
[Proposed Rules]
[Pages 20311-20312]
[FR Doc No: 2017-08724]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Parts 350

[Docket No. FMCSA-2014-0470]
RIN 2126-AB84

State Inspection Programs for Passenger-Carrier Vehicles;
Withdrawal

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

ACTION: Advance notice of proposed rulemaking; withdrawal.

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

SUMMARY: FMCSA withdraws its April 27, 2016, advance notice of proposed
rulemaking (ANPRM) concerning the establishment of requirements for
States to implement annual inspection programs for commercial motor
vehicles (CMVs) designed or used to transport passengers (passenger-
carrying CMVs). FMCSA sought information from all interested parties
that would enable the Agency to assess the risks associated with
improperly maintained or inspected passenger-carrying CMVs. The ANPRM
also sought public comments concerning the effectiveness of the current
FMCSA annual inspection standards, and data on the potential costs and
benefits of a Federal requirement for each State to implement a
mandatory inspection program. FMCSA inquired about how the Agency might
incentivize States to adopt such programs. After reviewing all the
public comments, and in consideration of the comments provided by
individuals attending the three public listening sessions held in 2015,
FMCSA has determined there is not enough data and information available
to support moving forward with a rulemaking action.

DATES: The ANPRM ``State Inspection Programs for Passenger-Carrier
Vehicles,'' published on April 27, 2016 (81 FR 24769), is withdrawn as
of May 1, 2017.

FOR FURTHER INFORMATION CONTACT: Ms. Loretta Bitner, Chief, Commercial
Passenger Carrier Safety Division at<PHONE_NUMBER>, or via email at
<EMAIL_ADDRESS>Federal Motor Carrier Safety Administration,
1200 New Jersey Avenue SE., Washington,

DC 20590-0001. If you have questions on viewing or submitting material
to the docket, contact Docket Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Background/Topics Addressed During the Comment Period

    In accordance with Sec.  32710 of the Moving Ahead for Progress in
the 21st Century Act (MAP-21) (Pub. L. 112-141, 126 Stat. 405, 815),
FMCSA published an ANPRM in the Federal Register on April 27, 2016 (81
FR 24769). The Agency sought information from industry and other
stakeholders on the maintenance and inspection of passenger-carrying
CMVs that would help FMCSA decide whether to propose a rule that
mandates States to impose an annual inspection process.
    FMCSA requested information from commercial passenger carriers and
other stakeholders in order to consider proposing a rule that would
require the States to establish annual inspection programs for
passenger-carrying CMVs. The requested information was necessary to
assist FMCSA in quantifying the economic benefits and costs of
potentially moving forward with establishing an inspection program and
in assessing risks associated with improperly maintained or inspected
passenger-carrying CMVs. The ANPRM also was intended to provide
information on the effectiveness of existing Federal inspection
requirements in mitigating risks and ensuring safe and proper
operations.\1\ In the effort to gather relevant data, FMCSA posed a
series of questions addressing the following matters:
---------------------------------------------------------------------------

    \1\ Subsequent to publication of the ANPRM, FMCSA issued a rule
that eliminated the option of relying on roadside inspections as
satisfying the periodic inspection requirement. See 81 FR 47722
(July 22, 2016).
---------------------------------------------------------------------------

     Existing State Mandatory Vehicle Inspection Programs for
Passenger-Carrying CMVs.
     Measuring Effectiveness of Inspection Programs.
     Inspection Facilities and Locations.
     Costs.
     Uniformity of Mandatory Vehicle Inspections Programs.
     Current Federal Standards.
     Federal Authority.

Discussion of Comments

    The Agency received 22 public comments, with 10 commenters
expressing general opposition to the mandatory State inspection
requirement discussed in the ANPRM. Seven commenters supported the
establishment of such a requirement; four commenters neither supported
nor opposed a possible requirement, and one commenter's issue was out-
of-scope. Many commenters indicated that the existing standards for
annual inspections prescribed in the Federal Motor Carrier Safety
Regulations (FMCSRs) or their own programs were sufficient. Commenters
also indicated that current standards are effective at mitigating risk
when properly enforced. Several commenters made their support
contingent on factors such as uniformity in inspection standards,
standardization of inspector training, a self-inspection option, and
required reciprocity, whereby States would be required to recognize
inspections conducted outside their States.
    Several commenters, including State agencies in Michigan,
Pennsylvania, and Texas, addressed questions aimed at measuring the
effectiveness of inspection programs. However, none of these commenters
was able to determine whether the establishment of an inspection
program reduced the number of safety violations detected. Michigan's
Department of Motor Vehicles indicated it improved its inspection
process by educating carriers on the required State inspection criteria
in 2013; it has since observed a 10% increase in vehicles passing their
initial safety inspection.
    Few commenters addressed how FMCSA might incentivize the States to
establish mandatory inspection programs. The South Carolina Transport
Police noted that a mandate would be a strain on its resources. The
Michigan Department of Transportation noted that a program should be
subsidized with Federal funding. A representative from Pennsylvania
suggested providing additional Federal highway funding to those States
with well-defined programs.

FMCSA Decision

    FMCSA withdraws the April 2016 ANPRM because the Agency is not
aware of data or information that supports the development of a notice
of proposed rulemaking to require the States to establish mandatory
annual inspection programs for passenger-carrying vehicles.
    The Agency held a series public listening sessions \2\ concerning
this subject prior to publication of the ANPRM. Those sessions provided
interested parties with the opportunity to share their views on the
merits of requiring State inspections of passenger CMVs. Transcripts of
the sessions are available in the public docket noted above.
Stakeholders' remarks and comments proved valuable in developing the
questions posed in the ANPRM, but the information they provided was not
sufficient to support moving beyond the ANPRM. The Agency received a
broad range of comments identifying issues FMCSA would need to consider
in a rulemaking, such as the costs of mandatory inspection programs,
the value of a nation-wide uniform inspection standard, and the need
for national training of inspectors to eliminate inconsistencies in how
inspection standards are applied. Both industry and the enforcement
community expressed concerns about the cost of an inspection program.
Stakeholders' estimates of costs for program administration and
individual inspections varied significantly.
---------------------------------------------------------------------------

    \2\ The listening sessions were conducted at the American Bus
Association Marketplace in St. Louis, Missouri on January 13, 2015,
a United Motor Coach Association meeting in New Orleans, Louisiana
on January 18, 2015, and a Commercial Vehicle Safety Alliance
workshop in Jacksonville, Florida on April 14, 2015.
---------------------------------------------------------------------------

    The Agency does not foresee the availability of Federal funding to
incentivize the States to adopt such programs under its existing grant
programs.

    Issued under the authority of delegation in 49 CFR 1.87 on:
April 25, 2017.
Daphne Y. Jefferson,
Deputy Administrator.
[FR Doc. 2017-08724 Filed 4-28-17; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 80, Number 234 (Monday, December 7, 2015)]
[Notices]
[Page 76004]
[FR Doc No: 2015-30699]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Effectiveness of Exempt Wholesale Generator Status

Willey Battery Utility, LLC...........................      EG15-108-000
Little Elk Wind Project, LLC..........................      EG15-109-000
Patriot Wind Farm, LLC................................      EG15-110-000
Chapman Ranch Wind I, LLC.............................      EG15-111-000
Silver State Solar Power South, LLC...................      EG15-112-000
RE Garland LLC........................................      EG15-113-000
RE Garland A LLC......................................      EG15-114-000
Latigo Wind Park, LLC.................................      EG15-116-000
Parrey, LLC...........................................      EG15-117-000
South Plains Wind Energy, LLC.........................      EG15-118-000
PHR Holdings LLC......................................      EG15-119-000
Golden West Power Partners, LLC.......................      EG15-120-000

    Take notice that during the month of October 2015, the status of
the above-captioned entities as Exempt Wholesale Generators became
effective by operation of the Commission's regulations. 18 CFR
366.7(a).

    Dated: November 30, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-30699 Filed 12-4-15; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 126 (Monday, July 3, 2017)]
[Notices]
[Page 30881]
[FR Doc No: 2017-13847]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID: FEMA-2017-0011; 1660-0011]

Agency Information Collection Activities: Submission for OMB
Review; Comment Request; Debt Collection Financial Statement

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice and request for comments.

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

SUMMARY: The Federal Emergency Management Agency (FEMA) will submit the
information collection abstracted below to the Office of Management and
Budget for review and clearance in accordance with the requirements of
the Paperwork Reduction Act of 1995. The submission will describe the
nature of the information collection, the categories of respondents,
the estimated burden (i.e., the time, effort and resources used by
respondents to respond) and cost, and the actual data collection
instruments FEMA will use.

DATES: Comments must be submitted on or before August 2, 2017.

ADDRESSES: Submit written comments on the proposed information
collection to the Office of Information and Regulatory Affairs, Office
of Management and Budget. Comments should be addressed to the Desk
Officer for the Department of Homeland Security, Federal Emergency
Management Agency, and sent via electronic mail to
<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Requests for additional information or
copies of the information collection should be made to Director,
Records Management Division, 500 C Street SW., Washington, DC 20472-
3100, or email address<EMAIL_ADDRESS>Or, Jackie Cohen, Chief, Debt Management Unit,
FEMA Finance Center, Office of the Chief Financial Officer, FEMA at
(540) 504-1650.

SUPPLEMENTARY INFORMATION: This information collection previously
published in the Federal Register on April 17, 2017 at 82 FR 18154 with
a 60 day public comment period. No comments were received. FEMA has
revised the numbers for the annual cost to the Federal government
between the information collection previously published with a 60 day
public comment period and this information collection. The annual cost
to the Federal government is now $49,570.00. The purpose of this notice
is to notify the public that FEMA will submit the information
collection abstracted below to the Office of Management and Budget for
review and clearance.

Collection of Information

    Title: Debt Collection Financial Statement.
    Type of Information Collection: Revision of a currently approved
information collection.
    OMB Number: 1660-0011.
    Form Titles and Numbers: FEMA Form 127-0-1, Debt Collection
Financial Statement.
    Abstract: FEMA may request debtors to provide personal financial
information on FEMA Form 127-0-1 concerning their current financial
position. FEMA uses this information to determine whether to
compromise, suspend, or completely terminate collection efforts on
respondents' debts. This information is also used to locate debtor's
assets if the debts are sent for judicial enforcement.
    Affected Public: Individuals or households.
    Estimated Number of Respondents: 300.
    Estimated Total Annual Burden Hours: 225 hours.
    Estimated Cost: The estimated annual cost to respondents for the
hour burden is $7,632.00. There are no annual costs to respondents'
operations and maintenance costs for technical services. There are no
annual start-up or capital costs. The cost to the Federal Government is
$49,570.00.

    Dated: June 22, 2017.
Richard W. Mattison,
Records Management Program Chief, Mission Support, Federal Emergency
Management Agency, Department of Homeland Security.
[FR Doc. 2017-13847 Filed 6-30-17; 8:45 am]
 BILLING CODE 9111-19-P


[Federal Register Volume 87, Number 113 (Monday, June 13, 2022)]
[Notices]
[Pages 35790-35791]
[FR Doc No: 2022-12621]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2021-N-1305]

Antimicrobial Drug Use in Companion Animals; Extension of Comment
Period

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; extension of comment period.

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

SUMMARY: The Food and Drug Administration (FDA or the Agency) is
extending the comment period for the notice that appeared in the
Federal Register of February 16, 2022. In that notice, FDA requested
comments on antimicrobial drug use practices in companion animals and
the potential impacts of such uses on antimicrobial resistance in both
humans and animals. The Agency is taking this action in response to a
request for an extension to allow interested persons additional time to
submit comments.

DATES: FDA is extending the comment period on the notice published
February 16, 2022 (87 FR 8848). Submit either electronic or written
comments by September 14, 2022.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. Electronic comments
must be submitted on or before September 14, 2022. The https://www.regulations.gov electronic filing system will accept comments until
11:59 p.m. Eastern Time at the end of September 14, 2022. Comments
received by mail/hand delivery/courier (for written/paper submissions)
will be considered timely if they are postmarked or the delivery
service acceptance receipt is on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2021-N-1305 for ``Antimicrobial Drug Use in Companion Animals.''
Received comments, those filed in a timely manner (see ADDRESSES), will
be placed in the docket and, except for those submitted as
``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m.
and 4 p.m., Monday through Friday,<PHONE_NUMBER>.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Barbara Leotta, Center for Veterinary
Medicine (HFV-110), Food and Drug Administration, 7500 Standish Pl.,
Rockville, MD 20855,<PHONE_NUMBER>, [email protected].

SUPPLEMENTARY INFORMATION: In the Federal Register of February 16,
2022, FDA published a notice with a 120-day comment period to request
comments on antimicrobial drug use practices in companion animals and
the potential impacts of such uses on antimicrobial resistance in both
humans and animals. Comments on antimicrobial use practices in
companion animals will inform FDA's strategy for promoting
antimicrobial stewardship in companion animals.
    Interested persons were originally given until June 16, 2022, to
comment on the document. The Agency has received a request for a 90-day
extension of the comment period. The request conveyed concern that the
current 120-day comment period does not allow sufficient time to
develop a meaningful or thoughtful response to the request for
comments. FDA has

considered the request and is extending the comment period for the
request for comments for 90 days, until September 14, 2022. The Agency
believes that a 90-day extension allows adequate time for interested
persons to submit comments.

    Dated: June 7, 2022.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2022-12621 Filed 6-10-22; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 81, Number 12 (Wednesday, January 20, 2016)]
[Notices]
[Pages 3152-3153]
[FR Doc No: 2016-01014]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2015-1097]

Information Collection Request to Office of Management and
Budget; OMB Control Number: 1625-0027

AGENCY: Coast Guard, DHS.

ACTION: Sixty-day notice requesting comments.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995, the
U.S. Coast Guard intends to submit an Information Collection Request
(ICR) to the Office of Management and Budget (OMB), Office of
Information and Regulatory Affairs (OIRA), requesting approval of
revisions to the following collection of information: 1625-0027, Vessel
Documentation. Our ICR describes the information we seek to collect
from the public. Before submitting this ICR to OIRA, the Coast Guard is
inviting comments as described below.

DATES: Comments must reach the Coast Guard on or before March 21, 2016.

ADDRESSES: You may submit comments identified by Coast Guard docket
number [USCG-2015-1097] to the Coast Guard using the Federal
eRulemaking Portal at http://www.regulations.gov. See the ``Public
participation and request for comments'' portion of the SUPPLEMENTARY
INFORMATION section for further instructions on submitting comments.
    A copy of the ICR is available through the docket on the Internet
at http://www.regulations.gov. Additionally, copies are available from:
Commandant (CG-612), Attn: Paperwork Reduction Act Manager, U.S. Coast
Guard, 2703 Martin Luther King Jr Ave SE., Stop 7710, Washington, DC
20593-7710.

FOR FURTHER INFORMATION CONTACT: Mr. Anthony Smith, Office of
Information Management, telephone<PHONE_NUMBER>, or fax<PHONE_NUMBER>,
for questions on these documents.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    This Notice relies on the authority of the Paperwork Reduction Act
of 1995; 44 U.S.C. Chapter 35, as amended. An ICR is an application to
OIRA seeking the approval, extension, or renewal of a Coast Guard
collection of information (Collection). The ICR contains information
describing the Collection's purpose, the Collection's likely burden on
the affected public, an explanation of the necessity of the Collection,
and other important information describing the Collection. There is one
ICR for each Collection.
    The Coast Guard invites comments on whether this ICR should be
granted based on the Collection being necessary for the proper
performance of Departmental functions. In particular, the Coast Guard
would appreciate comments addressing: (1) the practical utility of the
Collection; (2) the accuracy of the estimated burden of the Collection;
(3) ways to enhance the quality, utility, and clarity of information
subject to the Collection; and (4) ways to minimize the burden of the
Collection on respondents, including the use of automated collection
techniques or other forms of information technology. In response to
your comments, we may revise this ICR or decide not to seek approval of
revisions of the Collection. We will consider all comments and material
received during the comment period.
    We encourage you to respond to this request by submitting comments
and related materials. Comments must contain the OMB Control Number of
the ICR and the docket number of this request, [USCG-2015-1097], and
must be received by March 21, 2016.

Submitting Comments

    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions. Documents mentioned in this notice, and all public
comments, are in our online docket at http://www.regulations.gov and
can be viewed by following that Web site's instructions. Additionally,
if you go to the online docket and sign up for email alerts, you will
be notified when comments are posted.
    We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).

Information Collection Request

    Title: Vessel Documentation.
    OMB Control Number: 1625-0027.
    Summary: The information collected will be used to establish the
eligibility of a vessel to: (a) be documented as a ``vessel of the
United States'', (b) engage in a particular trade, and/or (c) become
the object of a preferred ship's mortgage. The information collected
concerns citizenship of owner/applicant and build, tonnage and markings
of a vessel.
    Need: Title 46 U.S.C. Chapters 121, 123, 125 and 313 requires the
documentation of vessels. A Certificate of Documentation is required
for the operation of a vessel in certain trades, serves as evidence of
vessel nationality, and permits a vessel to be subject to preferred
mortgages.
    Forms: CG-1258, Application for Initial, Exchange, or Replacement
of Certificate of Documentation/Redocumentation; CG-1258, Section A--
Additional Vessels; CG-1258, Section H--Additional Owners; CG-1258,
Section L--Attachment to Limited Liability Company; CG-1258, Section
L--Attachment to Partnership; CG-1258, Section L--Attachment to Joint
Venture or Association; CG-1258, Section L--Attachment to Trust
Arrangement; CG-1261, Builder's Certification and First Transfer of
Title; CG-1270, Certificate of Documentation; CG-1280, Vessel Renewal
Notification Application for Renewal; CG-1340, Bill of Sale; CG-1356,
Bill of Sale by Government Entity Pursuant to Court Order or
Administrative Degree of Forfeiture; CG-4593, Application, Consent, and
Approval for Withdrawal of Application for Documentation or Exchange of
Certificate of

Documentation; CG-5542, Optional Application for Filing; CG-7042,
Authorization for Credit Card Transactions; and CG-7043, Abstract of
Title/Certified COD Request.
    Respondents: Owners/builders of yachts and commercial vessels of at
least 5 net tons.
    Frequency: Annually.
    Hour Burden Estimate: The estimated burden has increased from
67,882 hours to 77,619 hours a year due to an increase in the estimated
annual number of responses.

    Authority:  The Paperwork Reduction Act of 1995; 44 U.S.C.
Chapter 35, as amended.

    Dated: January 12, 2016.
Thomas P. Michelli,
Deputy Chief Information Officer, U.S. Coast Guard.
[FR Doc. 2016-01014 Filed 1-19-16; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 78, Number 151 (Tuesday, August 6, 2013)]
[Notices]
[Pages 47817-47818]
[FR Doc No: 2013-18919]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0314]

Parts and Accessories Necessary for Safe Operation; Application
for an Exemption From Van Hool N.V. and Coach USA

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

ACTION: Notice of application for exemption; request for comments.

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

SUMMARY: FMCSA requests public comment on an application for exemption
from Van Hool N.V. and Coach USA (Van Hool/Coach USA) to allow the use
of double deck motorcoaches constructed with a sleeper berth that has
an exit that does not meet the minimum dimensional requirements
specified in the Federal Motor Carrier Safety Regulations (FMCSRs).
Section 393.76(c)(1) of the FMCSRs requires sleeper berths installed
(1) on or after January 1, 1963 to have an exit that is a doorway or
opening that is at least 18 inches high and 36 inches wide and (2)
before January 1, 1963, to have sufficient area to contain an ellipse
having a major axis of 24 inches and a minor axis of 16 inches. Because
of the limited available locations to place the sleeper berth within
the confines of the motorcoach, Van Hool/Coach USA is requesting an
exemption that would allow the use of sleeper berths that comply with
the pre-January 1, 1963, exit dimension requirements instead of the
post-January 1, 1963, requirements. Van Hool/Coach USA believes that
the reduced exit area of the sleeper berth will maintain a level of
safety that is equivalent to or greater than the level of safety
achieved without the exemption.

DATES: Comments must be received on or before September 5, 2013.

ADDRESSES: You may submit comments identified by DOT DMS Docket Number
FMCSA-2013-yyyy by any of the following methods:
     Web site: http://www.regulations.gov. Follow the
instructions for submitting comments on the Federal electronic docket
site.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility, U.S. Department of
Transportation, Room W12-140, 1200 New Jersey Avenue SE., Washington,
DC 20590-0001.
     Hand Delivery: Ground Floor, Room W12-140, DOT Building,
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.
e.t., Monday through Friday, except Federal holidays.
    Instructions: All submissions must include the Agency name and
docket number for this notice. For detailed instructions on submitting
comments and additional information on the exemption process, see the
``Public Participation'' heading below. Note that all comments received
will be posted without change to http://www.regulations.gov, including
any personal information provided. Please see the ``Privacy Act''
heading for further information.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov or to Room W12-140,
DOT Building, 1200 New Jersey Avenue SE., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    Privacy Act: Anyone is able to search the electronic form of all
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 DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19476) or you may visit http://www.regulations.gov.
    Public participation: The http://www.regulations.gov Web site is
generally available 24 hours each day, 365 days each year. You can get
electronic submission and retrieval help and guidelines under the
``help'' section of the http://www.regulations.gov Web site and also at
the DOT's http://docketsinfo.dot.gov Web site. If you want us to notify
you that we received your comments, please include a self addressed,
stamped envelope or postcard or print the acknowledgement page that
appears after submitting comments online.

FOR FURTHER INFORMATION CONTACT: Mr. Luke W. Loy, Vehicle and Roadside
Operations Division, Office of Bus and Truck Standards and Operations,
MC-PSV,<PHONE_NUMBER>; Federal Motor Carrier Safety Administration,
1200 New Jersey Avenue SE., Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

Background

    Section 4007 of the Transportation Equity Act for the 21st Century
(TEA- 21) [Pub. L. 105-178, June 9, 1998, 112 Stat. 401] amended 49
U.S.C. 31315 and 31136(e) to provide authority to grant exemptions from
the Federal Motor Carrier Safety Regulations (FMCSRs). On August 20,
2004, FMCSA published a final rule (69 FR 51589) implementing section
4007. Under this rule, FMCSA must publish a notice of each exemption
request in the Federal Register [49 CFR 381.315(a)]. The Agency must
provide the public with an opportunity to inspect the information
relevant to the application, including any safety analyses that have
been conducted. The Agency must also provide an opportunity for public
comment on the request.
    The Agency reviews the safety analyses and the public comments and
determines whether granting the exemption would likely achieve a level
of safety equivalent to or greater than the level that would be
achieved by the current regulation [49 CFR 381.305]. The decision of
the Agency must be published in the Federal Register [49 CFR
381.315(b)]. If the Agency denies the request, it must state the reason
for doing so. If the decision is to grant the exemption, the notice
must specify the person or class of persons receiving the exemption and
the regulatory provision or provisions from which an exemption is
granted. The notice must also specify the effective period of the
exemption (up to 2 years) and explain the terms and conditions of the
exemption. The exemption may be renewed [49 CFR 381.315(c) and 49 CFR
381.300(b)].

Background

Van Hool/Coach USA Application for Exemption

    On May 15, 2013, Van Hool/Coach USA applied for an exemption from
49 CFR 393.76(c)(1) to allow the use of a sleeper berth exit which
meets the requirements of those sleeper berths installed before January
1, 1963. A copy of the application is included in the docket referenced
at the beginning of this notice.
    Section 393.76(c)(1) of the FMCSRs requires that for sleeper berths
installed after January 1, 1963, the exit must be a doorway or opening
at least 18 inches high and 36 inches wide.
    In its application, Van Hool/Coach USA states:

Van Hool and Coach USA are making this request because we jointly
developed a double deck motorcoach with sleeper berths for
passengers (hereafter referred to as sleeper coach) where in order
to meet the driver hours of service requirements for the routes
planned for this sleeper coach, a sleeper berth must be provided for
a 2nd driver. The designed sleeper berth compartment in the sleeper
motor coach meets and exceeds the minimum dimensional requirements
for the actual sleeper berth, however due to the limited available
locations to place the sleeper berth within the confines of the
motorcoach, it is requested that the entry/exit to the sleeper berth
be allowed to meet the dimensional requirements for those sleeper
berths manufactured/installed before January 1, 1963 The entry/exit
of the sleeper berth (as currently designed) has a maximum area of
606 square inches, which is sufficient area to contain an ellipse
having a major axis of 24 inches and a minor axis of 16 inches,
which was the requirement for sleeper berths installed prior to
January 1, 1963.

    Van Hool/Coach USA states that whereas the pre-January 1, 1963,
exit dimension requirements accommodated all type of commercial motor
vehicles including the sleeper coach, the current language of Section
393.76(c)(1) ``is designed to fit sleeper berths in trucks'' and does
``not take into account the limited space available on a motorcoach for
utilization of a sleeper berth.''
    Van Hool/Coach USA notes that without the proposed temporary
exemption, it will not be able to fully utilize the operation of the
sleeper coach on routes that require a second driver, because the
sleeper berth exit does not meet the requirements for a sleeper berth
installed on or after January 1, 1963.

Request for Comments

    In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests
public comment from all interested persons on Van Hool/Coach USA's
application for an exemption from 49 CFR 393.76(c)(1). All comments
received before the close of business on the comment closing date
indicated at the beginning of this notice will be considered and will
be available for examination in the docket at the location listed under
the ADDRESSES section of this notice. Comments received after the
comment closing date will be filed in the public docket and will be
considered to the extent practicable. In addition to late comments,
FMCSA will also continue to file, in the public docket, relevant
information that becomes available after the comment closing date.
Interested persons should continue to examine the public docket for new
material.

    Issued on: July 29, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013-18919 Filed 8-5-13; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 78, Number 218 (Tuesday, November 12, 2013)]
[Rules and Regulations]
[Pages 67299-67300]
[FR Doc No: 2013-26922]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2013-0664; Airspace Docket No. 13-ANM-22]

Modification of Class E Airspace; Cut Bank, MT

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action modifies Class E airspace at Cut Bank, MT, to
accommodate new Area Navigation (RNAV) Global Positioning System (GPS)
standard instrument approach procedures at Cut Bank Municipal Airport.
This improves the safety and management of Instrument Flight Rules
(IFR) operations at the airport. This action also adjusts the
geographic coordinates of the airport.

DATES: Effective date, 0901 UTC, February 6, 2014. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR Part 51, subject to the annual revision of FAA Order 7400.9 and
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Eldon Taylor, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue SW., Renton, WA, 98057; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    On August 22, 2013, the FAA published in the Federal Register a
notice of proposed rulemaking (NPRM) to modify controlled airspace at
Cut Bank, MT (78 FR 52112). Interested parties were invited to
participate in this rulemaking effort by submitting written comments on
the proposal to the FAA. No comments were received.
    Class E airspace designations are published in paragraphs 6002 and
6005, respectively, of FAA Order 7400.9X dated August 7, 2013, and
effective September 15, 2013, which is incorporated by reference in 14
CFR 71.1. The Class E airspace designations listed in this document
will be published subsequently in that Order. Except for editorial
changes this rule is the same as published in the NPRM.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
Part 71 by modifying Class E surface area airspace and Class E airspace
extending upward from 700/1,200 feet above the surface, at Cut Bank
Municipal Airport, Cut Bank, MT, to accommodate new RNAV (GPS) standard
instrument approach procedures at the airport. The segment of the Class
E surface area airspace expands from the 4.7-mile radius of the airport
to 11 miles southeast of the airport; the segment of the Class E
airspace area extending upward from 700 feet above the surface expands
from the 7.9-mile radius of the airport to 18.4 miles southeast and
12.6 miles south of the airport; and a sector is added surrounding the
airport extending upward from 1,200 feet above the surface. This action
is necessary for the safety and management of IFR operations at the
airport. The geographic coordinates of the airport are adjusted in
accordance with the FAA's aeronautical database for the respective
Class E airspace areas.
    The FAA has determined this regulation only involves an established
body of technical regulations for which frequent and routine amendments
are necessary to keep them operationally current. Therefore, this
regulation: (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
only affects air traffic procedures and air navigation, it is certified
this rule, when promulgated, does not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act. The FAA's authority to issue rules
regarding aviation safety is found in Title 49 of the U.S. Code.
Subtitle 1, Section 106 discusses the authority of the FAA
Administrator. Subtitle VII, Aviation Programs, describes in more
detail the scope of the agency's authority. This rulemaking is
promulgated under the authority described in Subtitle VII, Part A,
Subpart I, Section 40103. Under that section, the FAA is charged with
prescribing regulations to assign the use of airspace necessary to
ensure the safety of aircraft and the efficient use of airspace. This
regulation is within the scope of that authority as it modifies
controlled airspace at Cut Bank Municipal Airport, Cut Bank, MT.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1E, ``Environmental Impacts: Policies and
Procedures,''

paragraph 311a. This airspace action is not expected to cause any
potentially significant environmental impacts, and no extraordinary
circumstances exist that warrant preparation of an environmental
assessment.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

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

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

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

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

Sec.  71.1  [Amended]

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

Paragraph 6002 Class E airspace designated as surface areas.

* * * * *

ANM MT E2 Cut Bank, MT [Modified]

Cut Bank Municipal Airport, MT
    (Lat. 48[deg]36'30'' N., long. 112[deg]22'34'' W.)

    Within a 4.7-mile radius of the Cut Bank Municipal Airport, and
within 3.1 miles each side of the 150[deg] bearing of the Cut Bank
Municipal Airport extending from the 4.7-mile radius to 11 miles
southeast of the airport.

Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface of the earth.

* * * * *

ANM MT E5 Cut Bank, MT [Modified]

Cut Bank Municipal Airport, MT
    (Lat. 48[deg]36'30'' N., long. 112[deg]22'34'' W.)

    That airspace extending upward from 700 feet above the surface
within a 7.9-mile radius of the Cut Bank Municipal Airport, and
within 8.3 miles northeast and 4 miles southwest of the 150[deg]
bearing of the Cut Bank Municipal Airport extending from the 7.9-
mile radius to 18.4 miles southeast of the airport, and within 2.6
miles each side of the 175[deg] bearing of the Cut Bank Municipal
Airport extending from the 7.9-mile radius to 12.6 miles south of
the airport; that airspace extending upward from 1,200 feet above
the surface bounded by a line beginning at lat. 47[deg]53'00'' N.,
long. 113[deg]11'00'' W.; to lat. 48[deg]52'00'' N., long.
112[deg]42'00'' W.; to lat. 48[deg]57'00'' N., long. 111[deg]46'00''
W.; to lat. 48[deg]27'00'' N., long. 111[deg]01'00'' W.; to lat.
48[deg]08'00'' N., long. 111[deg]19'00'' W.; to lat. 47[deg]46'00''
N., long. 112[deg]35'00'' W., thence to the point of beginning.

    Issued in Seattle, Washington, on: October 30, 2013.
Clark Desing,
Manager, Operations Support Group, Western Service Center.
[FR Doc. 2013-26922 Filed 11-8-13; 8:45 am]
BILLING CODE 4910-13-P