[Federal Register Volume 86, Number 161 (Tuesday, August 24, 2021)]
[Notices]
[Page 47339]
[FR Doc No: 2021-18106]

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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-205; OMB Control No. 3235-0194]

Submission for OMB Review; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736

Extension:
    Rule 24b-1

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (``PRA'') (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') has submitted to the Office of Management
and Budget (``OMB'') a request for approval of extension of the
previously approved collection of information provided for in Rule 24b-
1 (17 CFR 240.24b-1) under the Securities Exchange Act of 1934 (15
U.S.C. 78a et seq.).
    Rule 24b-1 requires a national securities exchange to keep and make
available for public inspection a copy of its registration statement
and exhibits filed with the Commission, along with any amendments
thereto.
    There are 24 national securities exchanges that spend approximately
one-half hour each per year complying with this rule, for an aggregate
total time burden of approximately 12 hours per year. The staff
estimates that the average cost per respondent is approximately $65.18
per year ($13.97 for copying plus $51.21 for storage), resulting in a
total cost burden for all respondents of approximately $1,564.32 per
year.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information under the PRA unless it
displays a currently valid OMB control number.
    The public may view background documentation for this information
collection at the following website: www.reginfo.gov. Find this
particular information collection by selecting ``Currently under 30-day
Review--Open for Public Comments'' or by using the search function.
Written comments and recommendations for the proposed information
collection should be sent within 30 days of publication of this notice
to (i) www.reginfo.gov/public/do/PRAMain and (ii) David Bottom,
Director/Chief Information Officer, Securities and Exchange Commission,
c/o Cynthia Roscoe, 100 F Street NE, Washington, DC 20549, or by
sending an email to<EMAIL_ADDRESS>
    Dated: August 18, 2021.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2021-18106 Filed 8-23-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: October 28, 2008 (Volume 73, Number 209)]
[Notices]
[Page 64006]
[DOCID:fr28oc08-106]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Intent To Request Approval From the Office of
Management and Budget of a New Information Collection Activity, Request
for Comments; National Flight Attendant Duty/Rest/Fatigue Field Study

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In response to a Congressional directive to conduct a flight
attendant fatigue study, FAA's Civil Aerospace Medical Institute, will
initiate a comprehensive analysis of fatigue in flight attendants
across a range of operational conditions.

DATES: Please submit comments by November 28, 2008.

FOR FURTHER INFORMATION CONTACT: Carla Mauney on<PHONE_NUMBER>, or by
e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Federal Aviation Administration (FAA)

    Title: National Flight Attendant Duty/Rest/Fatigue Field Study.
    Type of Request: New collection.
    OMB Control Number: 2120-XXXX.
    Forms(s): There are no FAA forms associated with this collection.
    Affected Public: A total of 210 Respondents.
    Frequency: The information will be collected daily for one month.
    Estimated Average Burden per Response: Approximately 45 minutes per
response.
    Estimated Annual Burden Hours: An estimated 4,725 hours.
    Abstract: In response to a Congressional directive to conduct a
flight attendant fatigue study, FAA's Civil Aerospace Medical
Institute, will initiate a comprehensive analysis of fatigue in flight
attendants across a range of operational conditions. The specific goals
of this project are to systematically assess activity patterns,
fatigue, and performance on- and off-duty in 210 flight attendants of
various levels of seniority from US-based network, low-cost, and
regional carriers embarking on domestic and extended international
flights.

ADDRESSES: Send comments to the FAA at the following address: Ms. Carla
Mauney, Room 712, Federal Aviation Administration, IT Enterprises
Business Services Division, AES-200, 800 Independence Ave., SW.,
Washington, DC 20591.
    Comments are invited on: Whether the proposed collection of
information is necessary for the proper performance of the functions of
the Department, including whether the information will have practical
utility; the accuracy of the Department's estimates of the burden of
the proposed information collection; ways to enhance the quality,
utility and clarity of the information to be collected; and ways to
minimize the burden of the collection of information on respondents,
including the use of automated collection techniques or other forms of
information technology.

    Issued in Washington, DC, on October 20, 2008.
Carla Mauney,
FAA Information Collection Clearance Officer, IT Enterprises Business
Services Division, AES-200.
 [FR Doc. E8-25507 Filed 10-27-08; 8:45 am]

BILLING CODE 4910-13-M


                  UNITED STATES ENVIRONMENTAL PROTECTION AGENCY                 NATIONAL VEHICLE AND FUEL EMISSIONS LABORATORY                              2000 TRAVERWOOD DRIVE                            ANN ARBOR, MI  48105-2498

									     OFFICE OF 									AIR AND RADIATION

July 19, 2012

MEMORANDUM

SUBJECT:  Meeting July 18, 2012 between Pat Raher Esq. and EPA representatives

FROM:  Steven Silverman, Attorney OGC

TO:  EPA Docket # EPA-HQ-OAR-2010-0799 --------------------------------------------------------------------------------

On July 18, 2012, Pat Raher (counsel for Daimler-Mercedes) met with various EPA representatives including Office Director Margo Oge, Ed Nam, Matt Spears and myself.  Mr. Raher clarified certain aspects of Daimler's suggestion that credits generated by certain heavy duty engines should be transferable to the light duty sector.  Specifically, the company's suggestion is that a medium heavy duty engine could generate credits which could be used in the light duty sector if a 4 cylinder engine is used which engine is also used in light duty applications and the total amount of credits is capped.  We noted that this suggestion was well beyond the scope of the proposal, and also would require amending the heavy duty rules which restrict credit transferability to certain specified averaging sets within the heavy duty sector.  However, we noted that the issue could be appropriate for consideration in later model year heavy duty GHG rules, or in the midterm review of the MYs 2012-2025 light duty rules. .


[Federal Register Volume 87, Number 106 (Thursday, June 2, 2022)]
[Notices]
[Pages 33478-33480]
[FR Doc No: 2022-11779]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 3509-042]

Little Falls Hydroelectric Associates, LP; Notice of Application
Accepted for Filing, Soliciting Motions To Intervene and Protests,
Ready for Environmental Analysis, and Soliciting Comments,
Recommendations, Preliminary Terms and Conditions, and Preliminary
Fishway Prescriptions

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.

    a. Type of Application: New Major License.
    b. Project No.: 3509-042.
    c. Date Filed: August 31, 2021.
    d. Applicant: Little Falls Hydroelectric Associates, LP (Little
Falls Associates).
    e. Name of Project: Little Falls Hydroelectric Project (Little
Falls Project).
    f. Location: The existing project is located on the Mohawk River,
in the City of Little Falls, Herkimer County, New York. The project
does not occupy federal land.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: David H. Fox, Director, Licensing and
Compliance, Little Falls Hydroelectric Associates, LP, Eagle Creek
Renewable Energy, 7315 Wisconsin Avenue, Suite 1100W, Bethesda, MD
20814, [email protected]; Jody J. Smet, Vice President,
Regulatory Affairs, Little Falls Hydroelectric Associates, LP, Eagle
Creek Renewable Energy, 7315 Wisconsin Avenue, Suite 1100W, Bethesda,
MD 20814, [email protected]
    i. FERC Contact: Monir Chowdhury at<PHONE_NUMBER> or email at
[email protected].
    j. Deadline for filing motions to intervene and protests, comments,
recommendations, preliminary terms and conditions, and preliminary
prescriptions: 60 days from the issuance date of this notice; reply
comments are due 105 days from the issuance date of this notice.
    The Commission strongly encourages electronic filing. Please file
motions to intervene, protests, comments, recommendations, preliminary
terms and conditions, and preliminary fishway prescriptions using the
Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to 6,000
characters, without prior registration, using the eComment system at
http://www.ferc.gov/docs-filing/ecomment.asp. You must include your
name and contact information at the end of your comments. For
assistance, please contact FERC Online Support at
[email protected],<PHONE_NUMBER> (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, you may submit a paper copy.
Submissions sent via the U.S. Postal Service must be addressed to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street NE, Washington, DC 20426. Submissions sent via any other
carrier must be addressed to: Kimberly D. Bose, Secretary, Federal
Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, Maryland
20852. The first page of any filing should include docket number P-
3509-042.
    The Commission's Rules of Practice require all intervenors filing
documents with the Commission to serve a copy of that document on each
person on the official service list for the project. Further, if an
intervenor files comments or documents with the Commission relating to
the merits of an issue that may affect the responsibilities of a
particular resource agency, they must also serve a copy of the document
on that resource agency.
    k. This application has been accepted for filing and is now ready
for environmental analysis.
    l. Project Description: The Little Falls Project consists of: (1)
Two state-owned spillway dams (i.e., North State Dam and South State
Dam) joined by an island, and equipped with 1-foot-high flashboards and
flow control gates, with a total length of 530 feet and a height of
about 6 feet; (2) a reservoir with a storage capacity of 800 acre-feet
at a normal surface elevation of 363.8 feet; \1\ (3) a 45-foot-wide,
330-foot-long navigation lock (Lock 17); (4) a 55-foot-wide, 73-foot-
long concrete intake structure with two roller head gates to control
flow through the intake; (5) two 14.7-foot-diameter, 90-foot-long
underground concrete penstocks; (6) a 65-foot-wide by 99-foot-long
concrete powerhouse containing two-turbine-generator units each with a
capacity of 6.65 megawatts; (7) two 74-foot-wide, 25-foot-high flood
control gates; (8) two sets of 4.16-kilovolt (kV), 60-foot-long
generator leads that run from the powerhouse to a 36-foot-wide by 46-
foot-long switchyard containing a 4.16/46-kV transformer; and (9)
appurtenant facilities.
---------------------------------------------------------------------------

    \1\ All elevations refer to the Barge Canal Datum which is 0.8
foot higher than elevations in the National Geodetic Vertical Datum
of 1929.
---------------------------------------------------------------------------

    There are structures inside the project boundary that are not
considered part of the project: The Middle Dam, with sixty percent of
the dam currently breached, located in the bypassed reach of the Mohawk
River, and built as part of a hydropower plant that was decommissioned
in 1962; and the Gilbert Dam located also in the bypassed reach
approximately 700 feet upstream of the powerhouse to measure flow
through the Mohawk River and to ensure minimum flow conditions are met
in the river.
    Little Falls Associates proposes to continue to operate the project
in a run-of-river mode and continue to provide a minimum flow of 300
cubic feet per second, or inflow if less, into the project's bypassed
reach. The project generated an annual average of 55,355 megawatt-hours
between 2013-2020.
    m. A copy of the application may be viewed on the Commission's
website at http://www.ferc.gov using the ``eLibrary'' link. Enter the
docket number excluding the last three digits in the docket number
field to access the document. For assistance, contact FERC Online
Support.
    Register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    n. Anyone may submit comments, a protest, or a motion to intervene
in accordance with the requirements of Rules of Practice and Procedure,
18 CFR 385.210, .211, and .214. In determining the appropriate action
to take, the Commission will consider all protests or other comments
filed, but only those who file a motion to intervene in accordance with
the Commission's Rules may become a party to the proceeding. Any
comments, protests, or motions to intervene must be received on or
before the specified comment date for the particular application.
    All filings must (1) bear in all capital letters the title
``PROTEST,'' ``MOTION TO INTERVENE,'' ``COMMENTS,'' ``REPLY COMMENTS,''
``RECOMMENDATIONS,'' ``PRELIMINARY TERMS AND CONDITIONS,'' or
``PRELIMINARY FISHWAY PRESCRIPTIONS;'' (2) set forth in the heading the
name of the applicant and the project number of the application to
which the filing responds; (3) furnish the name, address, and telephone
number of the person protesting or intervening; and (4) otherwise
comply with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, recommendations, terms and conditions or prescriptions must
set forth their evidentiary basis and otherwise comply with the
requirements of 18 CFR 4.34(b). Agencies may obtain copies of the
application directly from the applicant. A copy of any protest or
motion to intervene must be served upon each representative of the
applicant specified in the particular application. A copy of all other
filings in reference to this application must be accompanied by proof
of service on all persons listed in the service list prepared by the
Commission in this proceeding, in accordance with 18 CFR 4.34(b) and
385.2010.
    o. Procedural Schedule: The application will be processed according

to the following schedule. Revisions to the schedule may be made as
appropriate.

------------------------------------------------------------------------
                 Milestone                           Target date
------------------------------------------------------------------------
Filing of comments, recommendations,         July 2022.
 preliminary terms and conditions, and
 preliminary fishway prescriptions.
Filing of Reply Comments...................  September 2022.
------------------------------------------------------------------------

    p. Final amendments to the application must be filed with the
Commission no later than 30 days from the issuance date of this notice.
    q. The applicant must file no later than 60 days following the date
of issuance of this notice: (1) A copy of the water quality
certification; (2) a copy of the request for certification, including
proof of the date on which the certifying agency received the request;
or (3) evidence of waiver of water quality certification. Please note
that the certification request must comply with 40 CFR 121.5(b),
including documentation that a pre-filing meeting request was submitted
to the certifying authority at least 30 days prior to submitting the
certification request. Please also note that the certification request
must be sent to the certifying authority and to the Commission
concurrently.

    Dated: May 25, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-11779 Filed 6-1-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 48 (Friday, March 11, 2016)]
[Proposed Rules]
[Pages 12845-12847]
[FR Doc No: 2016-05177]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2015-7857; Airspace Docket No. 15-ASW-22]

Proposed Amendment of Class D and Class E Airspace for the
Following Oklahoma Towns; Antlers, OK; Oklahoma City, OK; Oklahoma City
Wiley Post Airport, OK; and Shawnee, OK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to modify Class D airspace, Class E
airspace designated as surface areas, and Class E airspace extending
upward from 700 feet above the surface at Antlers, OK; Oklahoma City,
OK; Oklahoma City Wiley Post Airport, OK; and Shawnee, OK. The
decommissioning of non-directional radio beacons (NDB) and/or
cancellation of NDB approaches due to advances in Global Positioning
System (GPS) capabilities have made this action necessary for the
safety and management of Instrument Flight Rules (IFR) operations at
the above locations. This action also would note the updated airport
names of David Jay Perry Airport, Goldsby, OK; El Reno Regional
Airport, Shawnee Regional Airport, and Chandler Regional Airport to
coincide with the FAA's aeronautical database. Additionally, this
action would update the geographic coordinates for Tinker AFB, El Reno
Regional Airport, Wiley Post Airport, Sundance Airpark, Seminole
Municipal Airport, Prague Municipal Airport, Chandler Regional Airport,
Tilghman NDB, Cushing Municipal Airport, Cushing NDB, and Cushing
Regional Hospital Heliport to coincide with the FAA's aeronautical
database.

DATES: Comments must be received on or before April 25, 2016.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590;
telephone<PHONE_NUMBER>. You must identify FAA Docket No. FAA-2015-
7857; Airspace Docket No. 15-ASW-22, at the beginning of your comments.
You may also submit comments through the Internet at http://www.regulations.gov. You may review the public docket containing the
proposal, any comments received, and any final disposition in person in
the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through
Friday, except Federal holidays. The Docket Office (telephone 1-800-
647-5527) is on the ground floor of the building at the above address.
    FAA Order 7400.9Z, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone:<PHONE_NUMBER>.
The Order is also available for inspection at the National Archives and
Records Administration (NARA). For information on the availability of
FAA Order 7400.9Z at NARA, call<PHONE_NUMBER>, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.
    FAA Order 7400.9, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX, 76177; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

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

Comments Invited

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

presented are particularly helpful in developing reasoned regulatory
decisions on the proposal. Comments are specifically invited on the
overall regulatory, aeronautical, economic, environmental, and energy-
related aspects of the proposal. Communications should identify both
docket numbers and be submitted in triplicate to the address listed
above. Commenters wishing the FAA to acknowledge receipt of their
comments on this notice must submit with those comments a self-
addressed, stamped postcard on which the following statement is made:
``Comments to Docket No. FAA-2015-7857/Airspace Docket No. 15-ASW-22.''
The postcard will be date/time stamped and returned to the commenter.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Federal Aviation Administration, Air Traffic
Organization, Central Service Center, Operations Support Group, 10101
Hillwood Parkway, Fort Worth, TX, 76177.
    Persons interested in being placed on a mailing list for future
NPRMs should contact the FAA's Office of Rulemaking,<PHONE_NUMBER>,
for a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

Availability and Summary of Documents Proposed for Incorporation by
Reference

    This document would amend FAA Order 7400.9Z, Airspace Designations
and Reporting Points, dated August 6, 2015, and effective September 15,
2015. FAA Order 7400.9Z is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.9Z lists Class A, B,
C, D, and E airspace areas, air traffic service routes, and reporting
points.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) Part 71 by modifying Class E airspace extending
upward from 700 feet above the surface at Antlers Municipal Airport,
Antlers, OK; El Reno Regional Airport, Oklahoma City, OK; and Prague
Municipal Airport, Shawnee, OK. The proposed airspace reconfigurations
are due to decommissioning of NDBs and/or cancellation of the NDB
approaches at each airport. This action is necessary for the safety and
management of IFR operations under Standard Instrument Approach
Procedures. Additionally, this proposal would note the name change of
the following airports: El Reno Regional Airport (formerly El Reno
Municipal Airpark; David Jay Perry Airport, Goldsby, OK (formerly David
J. Perry Airport, Norman, OK); Shawnee Regional Airport (formerly
Shawnee Municipal Airport); and Chandler Regional Airport (formerly
Chandler Municipal Airport). Geographic coordinates also would be
adjusted for the following airports and navigation aids: Tinker AFB; El
Reno Regional Airport; Wiley Post Airport; Sundance Airpark; Seminole
Municipal Airport; Prague Municipal Airport; Chandler Regional Airport;
Tilghman NDB; Cushing Municipal Airport; Cushing NDB; and Cushing
Regional Hospital Heliport.
    Class D and Class E airspace designations are published in
paragraph 5000, 6002, and 6005, respectively, of FAA Order 7400.9Z,
dated August 6, 2015, and effective September 15, 2015, which is
incorporated by reference in 14 CFR 71.1. The Class D and Class E
airspace designations listed in this document will be published
subsequently in the Order.

Regulatory Notices and Analyses

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

Environmental Review

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

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 14 CFR part 71 as follows:

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

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

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9Z,
Airspace Designations and Reporting Points, dated August 6, 2015, and
effective September 15, 2015, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

ASW OK D Oklahoma City Wiley Post Airport, OK [Amended]

Oklahoma City, Wiley Post Airport, OK
    (Lat. 35[deg]32'03'' N., long. 97[deg]38'49'' W.)

    That airspace extending upward from the surface to and including
3,800 feet MSL within a 4.3-mile radius of Wiley Post Airport
excluding that airspace within the Oklahoma City, Will Rogers World
Airport, OK, Class C airspace area. This Class D airspace area is
effective during the specific dates and times established in advance
by a Notice to Airmen. The effective date and time will thereafter
be continuously published in the Airport/Facility Directory.

Paragraph 6002 Class E Airspace Designated as Surface Areas.

* * * * *

ASW OK E2 Oklahoma City Wiley Post Airport, OK [Amended]

Oklahoma City, Wiley Post Airport, OK
    (Lat. 35[deg]32'03'' N., long. 97[deg]38'49'' W.)

    Within a 4.3-mile radius of Wiley Post Airport excluding that
airspace within the

Oklahoma City, Will Rogers World Airport, OK, Class C airspace area.
This Class E airspace area is effective during the specific dates
and times established in advance by a Notice to Airmen. The
effective date and time will thereafter be continuously published in
the Airport/Facility Directory.

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

* * * * *

ASW OK E5 Antlers, OK [Amended]

Antlers Municipal Airport, OK
    (Lat. 34[deg]11'33'' N., long. 95[deg]38'59'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.3-mile radius of Antlers Municipal Airport.
* * * * *

ASW OK E5 Oklahoma City, OK [Amended]

Oklahoma City, Will Rogers World Airport, OK
    (Lat. 35[deg]23'35'' N., long. 97[deg]36'03'' W.)
Oklahoma City, Tinker AFB, OK
    (Lat. 35[deg]24'53'' N., long. 97[deg]23'12'' W.)
Norman, University of Oklahoma Westheimer Airpark, OK
    (Lat. 35[deg]14'44'' N., long. 97[deg]28'20'' W.)
University of Oklahoma Westheimer Airpark ILS Localizer
    (Lat. 35[deg]14'58'' N., long. 97[deg]27'51'' W.)
Goldsby, David Jay Perry Airport, OK
    (Lat. 35[deg]09'18'' N., long. 97[deg]28'13'' W.)
Oklahoma City, Clarence E. Page Municipal Airport, OK
    (Lat. 35[deg]29'17'' N., long. 97[deg]49'25'' W.)
El Reno Regional Airport, OK
    (Lat. 35[deg]28'22'' N., long. 98[deg]00'21'' W.)
Oklahoma City, Wiley Post Airport, OK
    (Lat. 35[deg]32'03'' N., long. 97[deg]38'49'' W.)
Oklahoma City, Sundance Airpark, OK
    (Lat. 35[deg]36'07'' N., long. 97[deg]42'22'' W.)

    That airspace extending upward from 700 feet above the surface
within an 8.1-mile radius of Will Rogers World Airport, and within
an 8.2-mile radius of Tinker AFB, and within an 8.9-mile radius of
University of Oklahoma Westheimer Airpark, and within 1.8 miles each
side of the University of Oklahoma Westheimer Airpark ILS Localizer
southwest course extending from the 8.9- mile radius to 12 miles
southwest of the airport, and within a 6.3-mile radius of David Jay
Perry Airport, and within a 6.5-mile radius of Clarence E. Page
Airport, and within a 6.6-mile radius of El Reno Regional Airport,
and within a 6.8-mile radius of Wiley Post Airport, and within a
6.8-mile radius of Sundance Airpark.
* * * * *

ASW OK E5 Shawnee, OK [Amended]

Shawnee Regional Airport, OK
    (Lat. 35[deg]21'26'' N., long. 96[deg]56'34'' W.)
Seminole, Seminole Municipal Airport, OK
    (Lat. 35[deg]16'28'' N., long. 96[deg]40'31'' W.)
Prague Municipal Airport, OK
    (Lat. 35[deg]28'51'' N., long. 96[deg]43'08'' W.)
Chandler Regional Airport, OK
    (Lat. 35[deg]43'21'' N., long. 96[deg]49'13'' W.)
Tilghman NDB
    (Lat. 35[deg]43'21'' N., long. 96[deg]49'07'' W.)
Cushing Municipal Airport, OK
    (Lat. 35[deg]57'00'' N., long. 96[deg]46'24'' W.)
Cushing NDB
    (Lat. 35[deg]53'24'' N., long. 96[deg]46'24'' W.)
Cushing Regional Hospital Heliport, OK, Point In Space Coordinates
    (Lat. 35[deg]58'41'' N., long. 96[deg]45'27'' W.)

    That airspace extending upward from 700 feet above the surface
within a 7-mile radius of Shawnee Regional Airport, and within a
6.6-mile radius of Seminole Municipal Airport, and within a 6.3-mile
radius of Prague Municipal Airport, and within a 6.4-mile radius of
Chandler Regional Airport, and within 2.5 miles each side of the
352[deg] bearing from the Tilghman NDB extending from the 6.4-mile
radius to 7.3 miles north of the airport, and within a 6.5-mile
radius of Cushing Municipal Airport and within 2.1 miles each side
of the 185[deg] bearing from the Cushing NDB extending from the 6.5-
mile radius to 9.3 miles south of the airport, and that airspace
within a 6-mile radius of the Point In Space serving Cushing
Regional Hospital Heliport.

    Issued in Fort Worth, Texas, on February 29, 2016.
Vonnie Royal,
Acting Manager, Operations Support Group, Central Service Center.
[FR Doc. 2016-05177 Filed 3-10-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 100 (Thursday, May 25, 2017)]
[Notices]
[Pages 24203-24204]
[FR Doc No: 2017-10743]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2015-0040; Notice 2]

BMW of North America, LLC, Denial of Petition for Decision of
Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Denial of petition.

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SUMMARY: BMW of North America, LLC, (BMW) a subsidiary of BMW AG in
Munich, Germany, has determined that certain model year (MY) 2013 BMW 5
Series sedan passenger cars do not fully comply with Federal Motor
Vehicle Safety Standard (FMVSS) No. 108, Lamps, Reflective Devices and
Associated Equipment. BMW filed a noncompliance report dated March 26,
2015. BMW also petitioned NHTSA on April 17, 2015, for a decision that
the subject noncompliance is inconsequential as it relates to motor
vehicle safety.

ADDRESSES: For further information on this decision contact Mike Cole,
Office of Vehicle Safety Compliance, the National Highway Traffic
Safety Administration (NHTSA), telephone<PHONE_NUMBER>, facsimile
(202) 366-3081.

SUPPLEMENTARY INFORMATION:

I. Overview

    BMW of North America, LLC, (BMW) a subsidiary of BMW AG in Munich,
Germany, has determined that certain model year (MY) 2013 BMW 5 Series
sedan passenger cars do not fully comply with paragraph S8.1.11 of
Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps,
Reflective Devices and Associated Equipment. BMW filed a noncompliance
report dated March 26, 2015, pursuant to 49 CFR part 573, Defect and
Noncompliance Responsibility and Reports.
    Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule
at 49 CFR part 556), BMW also petitioned NHTSA on April 17, 2015, for
an exemption from the notification and remedy requirements of 49 U.S.C.
Chapter 301 on the basis that the subject noncompliance is
inconsequential as it relates to motor vehicle safety.
    Notice of receipt of the petition was published with a 30-day
public comment period, on June 11, 2015, in the Federal Register (80 FR
33332). No comments were received. To view the petition and all
supporting documents log onto the Federal Docket Management System
(FDMS) Web site at: https://www.regulations.gov/. Then follow the
online search instructions to locate docket number ``NHTSA-2015-0040.''

II. Vehicles Involved

    Affected are approximately 13,899 MY 2013 BMW 5 Series sedan
passenger cars manufactured between January 30, 2013 and June 28, 2013.

III. Noncompliance

    BMW explains the noncompliance as a failure of some of the rear
reflex reflectors on the affected vehicles to fully conform to the
minimum photometric performance required by paragraph S8.1.11 of FMVSS
No. 108.

IV. Rule Text

    Paragraph S8.1.11 of FMVSS No. 108 requires in pertinent part:

S8.1.11 Photometry. Each reflex reflector must be designed to
conform to the photometry requirements of Table XVI-a when tested
according to the procedure of S14.2.3 for the reflex reflector color
as specified by this section.

V. Summary of BMW's Analyses

    BMW used Ricco's Law to determine a minimum required reflection
coefficient in its analysis. BMW chose Ricco's Law because they believe
it best corresponds to the human physiological condition in which a
light source of a given size and intensity is minimally capable (i.e.,
illumination threshold) of producing visual perception.
    As such, BMW created a graph whereby the y-axis represented the
reflection coefficient in units consistent with FMVSS No. 108 and the
x-axis represented the distance between two vehicles in order to
simulate the condition of an approaching vehicle and a parked or
stopped vehicle.
    BMW provided the graph to illustrate that even with parameters
representing a ``worst-case scenario,'' sufficient visibility of the
rear reflex reflectors of the affected vehicles exists.
    BMW stated that it has not received any contacts from vehicle
owners or other road users regarding issues related to the subject
noncompliance and is also not aware of any accidents or injuries that
have occurred as a result of this issue.
    BMW has additionally informed NHTSA that it has corrected the
noncompliance so that subsequent vehicle production will conform to
paragraph 8.1.11 of FMVSS No. 108.
    In summation, BMW believes that the described noncompliance of the
subject vehicles is inconsequential to motor vehicle safety, and that
its petition, to exempt BMW from providing recall notification of
noncompliance as required by 49 U.S.C. 30118 and remedying the recall
noncompliance as required by 49 U.S.C. 30120 should be granted.

NHTSA's Decision

    NHTSA's Analysis: Reflex reflectors make a vehicle conspicuous to
drivers of other vehicles at night and at other times when there is
reduced ambient light including dawn and dusk. The advance warning
provided by the rear reflex reflectors has the potential to enable
drivers to avoid a collision when approaching from the rear.
    In reviewing BMW's technical arguments, BMW claims that 2.5 mcd/lux
is sufficient ``visibility'' for reflex reflectors. BMW bases this
claim on an equation known as Ricco's law, and provided a link to a
University of Calgary Web page (http://ucalgary.ca/pip369/mod3/brightness/threelaws) that provides a very limited description of this
science. When compared to the FMVSS No. 108 required minimum
performance of 420, 280, and 140 mcd/lux at certain test points and
observation angles, the value that BMW claims is sufficient, 2.5 mcd/
lux, represents only 0.5%, 0.8%, and 1.7%

of the required minimum performance requirements. Based on the agency's
review of BMW's technical analysis, we do not believe they have fully
accounted for the complexities of real world driving in their proposed
minimum perceivable performance. Additional factors must be accounted
for in the determination of minimum performance, some include: Dirt
buildup on the device, older driver's visual perception skills, a
variety of ambient illumination and surrounding contrast scenes, and
the continually changing viewing geometry between the reflex reflector
and observer.
    In consideration that the primary function of a rear reflex
reflector is to reduce crashes by permitting early detection of
unlighted preceding motor vehicles or those parked by the side of the
road, NHTSA has concluded that BMW's assessment that 2.5 mcd/lux is a
suitable ``required reflection coefficient,'' a value representing less
than 1.7% of the FMVSS No. 108 required minimum values, is not
compelling.
    BMW did not provide any test reports detailing the performance of
its noncompliant rear reflex reflectors; however, it did indicate that
the worst measured values were 154, 120, and 91 mcd/lux at certain test
points. These values are substantially below the minimum values
required by FMVSS No. 108 (420, 280, and 140 mcd/lux) by 63%, 57%, and
35%, respectively. Based on these photometric performance failures,
NHTSA believes that BMW's noncompliant reflex reflectors present a
consequential risk to motor vehicle safety.
    BMW also states that it had not received contacts from vehicle
owners, or other road users, regarding this issue. Nor is it aware of
any accidents or injuries that have occurred as a result of this issue.
NHTSA does not consider the absence of complaints to show that a
noncompliance is inconsequential to safety. Vehicle lighting functions
as a signal to other motorists and pedestrians; if other motorists
found the noncompliant lighting confusing, it is unlikely that those
motorists would have been able to identify the subject vehicle and make
a complaint to either NHTSA or BMW. Most importantly, the absence of a
complaint does not mean there have not been any safety issues, nor does
it mean that there will not be safety issues in the future.
    NHTSA's Decision: In consideration of the foregoing, NHTSA finds
that BMW has not met its burden of persuasion that the FMVSS No. 108
noncompliance is inconsequential to motor vehicle safety. Accordingly,
BMW's petition is hereby denied and BMW is obligated to provide
notification of, and a remedy for, that noncompliance under 49 U.S.C.
30118 and 30120.

    Authority: (49 U.S.C. 30118, 30120: delegations of authority at
49 CFR 1.95 and 501.8).

Jeffrey M. Giuseppe,
Acting Associate Administrator, Enforcement.
[FR Doc. 2017-10743 Filed 5-24-17; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register Volume 80, Number 234 (Monday, December 7, 2015)]
[Notices]
[Pages 76061-76062]
[FR Doc No: 2015-30800]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2010-0166]

Parts and Accessories Necessary for Safe Operation; Exemption
Renewal for Bendix Commercial Vehicles Systems LLC

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

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

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

SUMMARY: FMCSA renews an exemption that enables motor carriers to mount
lane departure warning system cameras and collision mitigation system
cameras lower in the windshield of a commercial motor vehicle (CMV)
than is currently permitted by the Agency's regulations. The Agency has
concluded that granting this exemption renewal will maintain a level of
safety that is equivalent to, or greater than, the level of safety
achieved without the exemption. However, the Agency requests comments
on this issue, especially from anyone who believes this standard will
not be maintained.

DATES: This decision is effective November 18, 2015. Comments must be
received on or before January 6, 2016.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) number FMCSA-2010-0166 by any of the following
methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.
     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.
     Fax: 1-202-493-2251.
    Instructions: Each submission 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, New Jersey Avenue SE., Washington, DC, between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The Federal
Docket Management System (FDMS) is available 24 hours each day, 365
days each year. If you want acknowledgement that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments on-line.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
    Public participation: The http://www.regulations.gov Web site is
generally available 24 hours each day, 365 days each year. You may find
electronic submission and retrieval help and guidelines under the
``help'' section of the http://www.regulations.gov Web site as well as
the DOT's http://docketsinfo.dot.gov Web site. If you would like
notification that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgment
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

    Under 49 U.S.C. 31136(e) and 31315(b)(1), FMCSA may renew an
exemption from the Federal Motor Carrier Safety Regulations for a two-
year period if it finds ``such exemption would likely achieve a level
of safety that is equivalent to, or greater than, the level that would
be achieved absent such exemption'' (49 CFR 381.305(a)).

Basis for Renewing Exemption

    On November 18, 2011 (76 FR 71619), FMCSA published a notice of
final disposition granting exemption applications from Con-way, Takata,
and Iteris to allow the placement of lane departure warning system
sensors lower in the windshield than is currently permitted by the
Agency's regulations. In 2011, Iteris completed the sale of its vehicle
sensors business to Bendix Commercial Vehicles Systems LLC (Bendix),
which continued to sell the Iteris-developed lane departure warning
systems. In May 2013, Bendix applied for a renewal of the November 2011
exemption. On November 25, 2013, FMCSA published a notice renewing this
exemption until November 18, 2015 (78 FR 70396). While the November
2011 exemption granted relief to motor carriers using only the Takata
and Iteris lane departure warning systems, the November 2013 exemption
renewal extended the scope of the exemption to encompass motor carriers
using any lane departure warning system provided that the sensor that
is mounted in the windshield is (1) the same size or smaller than the
Takata and Bendix sensors, and (2) mounted in the windshield in
accordance with the provisions of the original exemption. Bendix is
seeking renewal of the 2013 exemption, and requests that the scope of
the exemption be extended to include its comparably-sized camera-based
collision mitigation system.
    The FMCSA has determined preliminarily that it is appropriate to
renew the exemption for another two-year period pending a review of
public comments in response to the application. The Agency believes
that granting the exemption renewal to continue allowing the placement
of lane departure warning system sensors lower in the windshield than
is currently permitted by the Agency's regulations will provide a level
of safety that is equivalent to, or greater than the level of safety
achieved without the exemption because (1) based on the technical
information available, there is no indication that the lane departure
warning system sensors would obstruct drivers' views of the roadway,
highway signs and surrounding traffic; (2) generally, trucks and buses
have an elevated seating position that greatly improves the forward
visual field of the driver, and any impairment of available sight lines
would be minimal; and (3) the location within the top two inches of the
area swept by the windshield wiper and out of the driver's normal

sightline will be reasonable and enforceable at roadside. The Agency is
unaware of any incidents wherein a crash involving vehicles equipped
with these lane departure warning systems could be attributed to the
minimal visual intrusion of the devices into the drivers' field of
vision. In addition, the Agency believes that the use of lane departure
warning systems--and collision mitigation systems--by fleets is likely
to improve the overall level of safety to the motoring public.

Terms and Conditions for the Exemption

    The Agency hereby grants the exemption for a two-year period,
ending November 17, 2017. During the temporary exemption period, motor
carriers using lane departure warning systems and collision mitigation
systems with sensors measuring 2 inches by 3.5 inches or smaller must
ensure that the sensors are mounted not more than 50 mm (2 inches)
below the upper edge of the area swept by the windshield wipers, and
outside the driver's sight lines to the road and highway signs and
signals. The exemption will be valid for two years unless rescinded
earlier by FMCSA. The exemption will be rescinded if: (1) Motor
carriers and/or commercial motor vehicles fail to comply with the terms
and conditions of the exemption; (2) the exemption has resulted in a
lower level of safety than was maintained before it was granted; or (3)
continuation of the exemption would not be consistent with the goals
and objectives of 49 U.S.C. 31136(e) and 31315(b).

Request for Comments

    Interested parties possessing information that would demonstrate
that CMVs operated by motor carriers using lane departure warning
systems or collision mitigation systems are not achieving the requisite
statutory level of safety should immediately notify FMCSA. The Agency
will evaluate any such information and, if safety is being compromised
or if the continuation of the exemption is not consistent with 49
U.S.C. 31136(e) and 31315(b), will take immediate steps to revoke the
exemption.

Preemption

    In accordance with 49 U.S.C. 31313(d), as implemented by 49 CFR
381.600, during the period this exemption is in effect, no State shall
enforce any law or regulation applicable to interstate commerce that
conflicts with or is inconsistent with this exemption with respect to a
firm or person operating under the exemption. States may, but are not
required to, adopt the same exemption with respect to operations in
intrastate commerce.

    Issued on: November 30, 2015.
 T.F. Scott Darling, III,
 Acting Administrator.
[FR Doc. 2015-30800 Filed 12-4-15; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register: December 30, 2009 (Volume 74, Number 249)]
[Notices]
[Page 69175-69180]
[DOCID:fr30de09-133]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61227; File No. SR-NYSEArca-2009-114]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
of Proposed Rule Change Relating to the Listing of Grail McDonnell
Fixed Income ETFs

December 22, 2009.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Exchange Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is
hereby given that on December 16, 2009, NYSE Arca, Inc. (``NYSE Arca''
or the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I,
II, and III below, which Items have been prepared by the self-
regulatory organization. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    Pursuant to the provisions of Section 19(b)(1) of the Exchange Act,
NYSE Arca, through its wholly-owned subsidiary NYSE Arca Equities, Inc.
(``NYSE Arca Equities'' or the ``Corporation''), proposes to list and
trade the shares of the following funds under NYSE Arca Equities Rule
8.600: Grail McDonnell Intermediate Municipal Bond ETF and the Grail
McDonnell Core Taxable Bond ETF (each an ``ETF'' and, collectively, the
``ETFs''). The shares of the ETFs are collectively referred to herein
as the ``Shares.''
    The text of the proposed rule change is available on the Exchange's
Web site at http://www.nyse.com, at the Exchange's principal office and
at the Commission's Public Reference Room.

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

    In its filing with the Commission, the 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 Exchange proposes to list and trade the Shares of the ETFs
under NYSE Arca Equities Rule 8.600, which governs the listing and
trading of Managed Fund Shares on the Exchange.\4\ Each of the ETFs
will be an actively managed exchange traded fund each of which is a
series of Grail Advisors ETF Trust (``Trust''). The Trust is registered
with the Commission as an investment company.\5\
---------------------------------------------------------------------------

    \4\ The Commission approved NYSE Arca Equities Rule 8.600 and
the listing and trading of certain funds of the PowerShares Actively
Managed Funds Trust on the Exchange pursuant to Rule 8.600 in
Securities Exchange Act Release No. 57619 (April 4, 2008) 73 FR
19544 (April 10, 2008) (SR-NYSEArca-2008-25). The Commission also
previously approved listing and trading on the Exchange, or trading
on the Exchange pursuant to unlisted trading privileges (``UTP'') of
the following actively managed funds under Rule 8.600: Securities
Exchange Act Release Nos. 57626 (April 4, 2008), 73 FR 19923 (April
11, 2008) (SR-NYSEArca-2008-28) (order approving trading on the
Exchange pursuant to UTP of Bear Stearns Active ETF); 57801 (May 8,
2008), 73 FR 27878 (May 14, 2008) (SR-NYSEArca-2008-31) (order
approving Exchange listing and trading of twelve actively-managed
funds of the WisdomTree Trust); 59826 (April 28, 2009), 74 FR 20512
(May 4, 2009) (SR-NYSEArca-2009-22) (order approving Exchange
listing and trading of Grail American Beacon Large Cap Value ETF;
60460 (August 7, 2009), 74 FR 41468 (August 17, 2009) (SR-NYSEArca-
2009-55) (order approving Exchange listing and trading of Dent
Tactical ETF); 60717 (September 24, 2009), 74 FR 50853 (October 1,
2009) (SR-NYSEArca-2009-74 (order approving listing of four Grail
Advisors RP ETFs); 60975 (November 10, 2009), 74 FR 59590 (November
18, 2009) (SR-NYSEArca-2009-83) (order approving listing of Grail
American Beacon International Equity ETF); 60981 (November 10,
2009), 74 FR 59594 (November 18, 2009) (SR-NYSEArca-2009-79) (order
approving listing of five fixed income funds of the PIMCO ETF
Trust).
    \5\ See Registration Statement on Form N-1A for the Trust filed
with the Securities and Exchange Commission on October 5, 2009 (File
Nos. 333-148082 and 811-22154) (the ``Registration Statement''). The
descriptions of the ETFs and the Shares contained herein are based
on information in the Registration Statement.

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

Description of the Shares and the Funds
    Grail Advisors, LLC is each Fund's investment manager
(``Manager''). McDonnell Investment Management, LLC (``McDonnell'' or
``Sub-Adviser'') serves as each ETF's sub-adviser. The Bank of New York
Mellon Corporation is the administrator, Fund accountant, transfer
agent and custodian for the ETFs. ALPS Distributors, Inc. serves as the
distributor of Creation Units for each ETF on an agency basis.
Grail McDonnell Intermediate Municipal Bond ETF
    According to the Registration Statement, the investment objective
of the ETF is a high level of current tax-exempt income and higher
risk-adjusted returns relative to its benchmark.\6\ The ETF invests,
under normal circumstances, at least 80% of its net assets (plus the
amount of any borrowings for investment purposes) in debt securities
with interest payments exempt from federal income taxes. The ETF will
typically invest in municipal securities and will invest, under normal
market conditions, primarily in tax exempt general obligation, revenue
and private activity bonds and notes, which are issued by or on behalf
of states, territories or possessions of the U.S. and the District of
Columbia and their political subdivisions, agencies and
instrumentalities (including Puerto Rico, the Virgin Islands and Guam).
The ETFs investments generally include municipal securities with a full
range of maturities and broad issuer and geographic diversification.
While the Fund may invest in securities of any maturity, under normal
circumstances, the dollar-weighted average maturity of the portfolio is
expected to range from three to ten years.
---------------------------------------------------------------------------

    \6\ The benchmark for the Grail McDonnell Intermediate Municipal
Bond ETF is the Barclays 3 to 15 Year National Municipal Bond Index,
which is a rules-based, market-value-weighted index engineered for
the long-term tax-exempt bond market. To be included in the index,
bonds must be rated investment-grade (Baa3/BBB- or higher) by at
least two of the following ratings agencies: Moody's, S&P, and
Fitch.
---------------------------------------------------------------------------

    The ETF invests primarily in investment grade securities, which are
securities rated in one of the top four credit quality categories by at
least one nationally recognized statistical rating organization rating
that security (``rating agency''). The ETF considers pre-refunded bonds
or escrowed to maturity municipal securities, regardless of rating, to
be investment grade securities. The ETF may invest up to 20% of its net
assets in high yield securities or below investment-grade securities
rated BB+ (or comparable) or below by a rating agency or, if unrated,
determined by McDonnell to be of comparable quality.
    The ETF may invest up to 20% of its assets in taxable debt
securities. These may include securities issued by the U.S. Government,
its agencies and instrumentalities, corporate debt securities,
mortgage-backed and other asset-backed securities, and securities of
other investment companies, including other exchange-traded funds. The
ETF may only invest in U.S. dollar-denominated securities.
Grail McDonnell Core Taxable Bond ETF
    According to the Registration Statement, the investment objective
of the ETF is a high level of current income and higher risk-adjusted
returns relative to its benchmark.\7\ The ETF invests, under normal
circumstances, at least 80% of its net assets (plus the amount of any
borrowings for investment purposes) in debt securities. The ETF will
invest primarily in investment-grade securities, including securities
issued by the U.S. Government, its agencies and instrumentalities,
municipal securities, mortgage-backed and other asset-backed
securities, and corporate and bank obligations, including commercial
paper, corporate notes and bonds. While the ETF may invest in
securities of any maturity, under normal circumstances, the average
duration of the portfolio is typically expected to range from three to
six years. Duration is a measure of the underlying portfolio's price
sensitivity to changes in interest rates.
---------------------------------------------------------------------------

    \7\ The benchmark for the Grail McDonnell Core Taxable Bond ETF
is Barclays Aggregate Index, which represents securities that are
SEC-registered, taxable, and dollar denominated. The index covers
the U.S. investment grade fixed rate bond market, with index
components for government and corporate securities, mortgage pass-
through securities, and asset-backed securities.
---------------------------------------------------------------------------

    The ETF invests primarily in investment grade securities, which are
securities rated in one of the top four credit quality categories by at
least one rating agency. The ETF may invest up to 20% of its net assets
in high yield securities or below investment-grade securities rated BB+
(or comparable) or below by a rating agency or, if unrated, determined
by McDonnell to be of comparable quality.
    The ETF may invest without limit in securities issued by the U.S.
Government, its agencies and instrumentalities, up to 90% of its assets
in mortgage-backed and other asset-backed securities, (subject to the
20% of Fund assets limitation for high yield securities or below
investment-grade securities referenced above), and up to 80% of its
assets in corporate bonds. In addition, the ETFs may invest up to 30%
of its assets in municipal securities. The Fund may only invest in U.S.
dollar-denominated securities. It may also invest in securities of
other investment companies, including other Funds and money market
funds.
    According to the Registration Statement, the Sub-Adviser, with
respect to each of the ETFs, adheres to a total return investment
philosophy in which the investment team seeks to reduce the ETFs'
exposure to interest rate risk by limiting dependence on the timing of
purchases and sales for the portfolio by controlling its interest rate
sensitivity (i.e. duration) relative to the benchmark. McDonnell looks
for opportunities to outperform the ETFs' stated risk tolerance/
benchmark by identifying relative value opportunities among sectors and
securities, and exploiting the changing shape of the yield curve. The
investment process employed by McDonnell utilizes fundamental credit
analysis within a quantitative risk management framework in order to
identify relative return opportunities across sectors, among securities
and along the maturity/yield curve spectrum. Credit analysts and
portfolio managers participate in regular periodic discussions of
trends and opportunities in making sector and security selections.
    As discussed below, the ETFs may invest in derivative instruments,
such as futures and interest rate, total return and credit default
swaps. Investments in derivatives must be consistent with the ETFs'
investment objective and may only be used to manage risk and not to
enhance leverage.
    Under adverse market conditions, the ETFs may, for temporary
defensive purposes, invest up to 100% of its assets in cash or cash
equivalents, including investment grade short-term obligations. To the
extent the Fund invokes this strategy, its ability to achieve its
investment objective may be affected adversely.
    The Funds will not invest in non-U.S. equity securities.
Investment Policies of the ETFs
    The Registration Statement enumerates investment policies which may
be changed with respect to an ETF only by a vote of the holders of a
majority of the ETF's outstanding voting securities. Among these
policies are the following: (1) Regarding diversification, the ETFs may
not invest more than 5% of their total assets (taken at market value)
in securities of any one issuer,

other than obligations issued or guaranteed by the U.S. Government, its
agencies and instrumentalities, or purchase more than 10% of the voting
securities of any one issuer, with respect to 75% of the ETF's total
assets; and (2) regarding concentration, the ETFs may not invest more
than 25% of their total assets in the securities of companies primarily
engaged in any one industry or group of industries provided that: (i)
This limitation does not apply to obligations issued or guaranteed by
the U.S. Government, its agencies and instrumentalities; and (ii)
municipalities and their agencies and authorities are not deemed to be
industries.
    The ETFs may not invest more than 15% of their net assets in
illiquid securities, including time deposits and repurchase agreements
that mature in more than seven days.\8\ For this purpose, ``illiquid
securities'' are securities that the ETF may not sell or dispose of
within seven days in the ordinary course of business at approximately
the amount at which the ETF has valued the securities.
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    \8\ This is a non-fundamental investment restriction applicable
to each Fund and may be changed with respect to a Fund by a vote of
a majority of the Board.
---------------------------------------------------------------------------

    According to the Registration Statement, in addition to the
investment strategies described in the prospectus for the ETFs, the
ETFs may invest in mortgage- or other asset-backed securities.
Mortgage-related securities include mortgage pass-through securities,
collateralized mortgage obligations (``CMOs''), commercial mortgage-
backed securities, mortgage dollar rolls, CMO residuals, stripped
mortgage-backed securities (``SMBSs'') and other securities that
directly or indirectly represent a participation in, or are secured by
and payable from, mortgage loans on real property. In pursuing their
individual objectives, the ETFs may, to the extent permitted by their
investment objective and policies, purchase and sell (write) both put
options and call options on securities, swap agreements, securities
indexes, and enter into interest rate and index futures contracts and
purchase and sell options on such futures contracts (``futures
options'') for hedging purposes or to seek to replicate the composition
and performance of a particular index, except that the ETFs do not
intend to enter into transactions involving currency futures or
options.
    An ETF also may enter into swap agreements with respect to interest
rates and indexes of securities. An ETF may invest in structured notes.
If other types of financial instruments, including other types of
options, futures contracts, or futures options are traded in the
future, an ETF also may use those instruments, provided that their use
is consistent with the ETF's investment objective. An ETF may, to the
extent specified in the Registration Statement, purchase and sell both
put and call options on fixed income or other securities or indexes in
standardized contracts traded on foreign or domestic securities
exchanges, boards of trade, or similar entities, or quoted on Nasdaq or
on an over-the-counter market, and agreements, sometimes called cash
puts, which may accompany the purchase of a new issue of bonds from a
dealer. An ETF will write call options and put options only if they are
``covered.''
    An ETF may invest in futures contracts and options thereon with
respect to, but not limited to, interest rates and security indexes. An
ETF will only enter into futures contracts and futures options which
are standardized and traded on a U.S. exchange, board of trade, or
similar entity, or quoted on an automated quotation system. According
to the Registration Statement, neither the Trust nor the Funds are
deemed to be ``commodity pools'' or ``commodity pool operators'' under
the Commodity Exchange Act, and are not subject to registration or
regulation as such under the Commodity Exchange Act.
    An ETF may engage in swap transactions, including, but not limited
to, swap agreements on interest rates or security indexes and specific
securities. An ETF also may enter into options on swap agreements
(``swap options''). The ETFs may purchase or otherwise receive warrants
or rights. The ETFs may enter into repurchase agreements with banks and
broker-dealers. An ETF may invest a portion of its assets in cash or
cash items pending other investments or to maintain liquid assets
required in connection with some of the ETF's investments. These cash
items may include money market instruments, such as securities issued
by the U.S. Government and its agencies, bankers' acceptances,
commercial paper, and bank certificates of deposit.
    Each ETF may invest in municipal securities. The ETFs may invest in
pooled real estate investment vehicles and other real estate-related
investments such as securities of companies principally engaged in the
real estate industry. Each ETF may invest in the securities of other
investment companies to the extent permitted by law. Subject to
applicable regulatory requirements, an ETF may invest in shares of both
open- and closed-end investment companies (including money market funds
and ETFs).
    Commentary .07 to Rule 8.600 provides that, if the investment
adviser to the Investment Company issuing Managed Fund Shares is
affiliated with a broker-dealer, such investment adviser shall erect a
``fire wall'' between the investment adviser and the broker-dealer with
respect to access to information concerning the composition and/or
changes to such Investment Company portfolio.\9\ In addition,
Commentary .07 further requires that personnel who make decisions on
the open-end fund's portfolio composition must be subject to procedures
designed to prevent the use and dissemination of material nonpublic
information regarding the open-end fund's portfolio. Commentary .07 to
Rule 8.600 is similar to Commentary .03(a)(i) and (iii) to NYSE Arca
Equities Rule 5.2(j)(3); however, Commentary .07 in connection with the
establishment of a ``fire wall'' between the investment adviser and the
broker-dealer reflects the applicable open-end fund's portfolio, not an
underlying benchmark index, as is the case with index-based funds.
Grail Advisors, LLC is affiliated with a broker-dealer, Grail
Securities, LLC, and has implemented a fire wall with respect to such
broker-dealer regarding access to information concerning the
composition and/or changes to a portfolio. The Sub-Adviser is not
affiliated with a broker-dealer.\10\ Any

additional Fund sub-advisers that are affiliated with a broker-dealer
will be required to implement a fire wall with respect to such broker-
dealer regarding access to information concerning the composition and/
or changes to a portfolio.
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    \9\ An investment adviser to an open-end fund is required to be
registered under the Investment Advisers Act of 1940 (the ``Advisers
Act''). As a result, the Manager and Sub-adviser are subject to the
provisions of Rule 204A-1 under the Advisers Act relating to codes
of ethics. This Rule requires investment advisers to adopt a code of
ethics that reflects the fiduciary nature of the relationship to
clients as well as compliance with other applicable securities laws.
Accordingly, procedures designed to prevent the communication and
misuse of non-public information by an investment adviser must be
consistent with Rule 204A-1 under the Advisers Act.
    \10\ The Exchange represents that Grail Advisors, LLC, as the
investment adviser of the Funds, and McDonnell, the sub-adviser, and
their related personnel, are subject to Investment Advisers Act Rule
204A-1. This Rule specifically requires the adoption of a code of
ethics by an investment adviser to include, at a minimum: (i)
Standards of business conduct that reflect the firm's/personnel
fiduciary obligations; (ii) provisions requiring supervised persons
to comply with applicable federal securities laws; (iii) provisions
that require all access persons to report, and the firm to review,
their personal securities transactions and holdings periodically as
specifically set forth in Rule 204A-1; (iv) provisions requiring
supervised persons to report any violations of the code of ethics
promptly to the chief compliance officer (``CCO'') or, provided the
CCO also receives reports of all violations, to other persons
designated in the code of ethics; and (v) provisions requiring the
investment adviser to provide each of the supervised persons with a
copy of the code of ethics with an acknowledgement by said
supervised persons. In addition, Rule 206(4)-7 under the Advisers
Act makes it unlawful for an investment adviser to provide
investment advice to clients unless such investment adviser has (i)
Adopted and implemented written policies and procedures reasonably
designed to prevent violation, by the investment adviser and its
supervised persons, of the Advisers Act and the Commission rules
adopted thereunder; (ii) implemented, at a minimum, an annual review
regarding the adequacy of the policies and procedures established
pursuant to subparagraph (i) above and the effectiveness of their
implementation; and (iii) designated an individual (who is a
supervised person) responsible for administering the policies and
procedures adopted under subparagraph (i) above.
---------------------------------------------------------------------------

Availability of Information
    The ETFs' Web site (http://www.grailadvisors.com), which will be
publicly available prior to the public offering of Shares, will include
a form of the prospectus for each ETF that may be downloaded. The Web
site will include additional quantitative information updated on a
daily basis, including, for the ETFs: (1) the prior business day's
reported NAV, mid-point of the bid/ask spread at the time of
calculation of such NAV (the ``Bid/Ask Price''),\11\ and a calculation
of the premium and discount of the Bid/Ask Price against the NAV; and
(2) data in chart format displaying the frequency distribution of
discounts and premiums of the daily Bid/Ask Price against the NAV,
within appropriate ranges, for each of the four previous calendar
quarters. On each business day, before commencement of trading in
Shares in the Core Trading Session \12\ on the Exchange, the Trust will
disclose on its Web site the identities and quantities of the portfolio
of securities and other assets (the ``Disclosed Portfolio'') held by
the ETFs that will form the basis for the ETFs' calculation of NAV at
the end of the business day.\13\ The Web site and information will be
publicly available at no charge.
---------------------------------------------------------------------------

    \11\ The Bid/Ask Price of each ETF is determined using the
midpoint of the highest bid and the lowest offer on the Exchange as
of the time of calculation of the NAV. The records relating to Bid/
Ask Prices will be retained by each ETF and its service providers.
    \12\ The Core Trading Session is 9:30 a.m. to 4 p.m. Eastern
time.
    \13\ Under accounting procedures followed by the ETF, trades
made on the prior business day (``T'') will be booked and reflected
in NAV on the current business day (``T+1''). Notwithstanding the
foregoing, portfolio trades that are executed prior to the opening
of the Exchange on any business day may be booked and reflected in
NAV on such business day. Accordingly, each ETF will be able to
disclose at the beginning of the business day the portfolio that
will form the basis for the NAV calculation at the end of the
business day.
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    In addition, for each ETF, an estimated value, defined in NYSE Arca
Equities Rule 8.600 as the ``Portfolio Indicative Value,'' that
reflects an estimated intraday value of the ETF's portfolio, will be
disseminated. The Portfolio Indicative Value will be based upon the
current value for the components of the Disclosed Portfolio and will be
updated and disseminated by one or more major market data vendors at
least every 15 seconds during the Core Trading Session. The
dissemination of the Portfolio Indicative Value, together with the
Disclosed Portfolio, will allow investors to determine the value of the
underlying portfolio of an ETF on a daily basis and to provide a close
estimate of that value throughout the trading day.
    Information regarding market price and volume of the Shares is and
will be continually available on a real-time basis throughout the day
on brokers' computer screens and other electronic services. The
previous day's closing price and trading volume information will be
published daily in the financial section of newspapers. Quotation and
last sale information for the Shares will be available via the
Consolidated Tape Association high-speed line.
    On a daily basis, the ETFs will disclose on the ETFs' Web site for
each portfolio security or other financial instrument of the ETF the
following information: Ticker symbol (if applicable), name of security
or financial instrument, number of shares or dollar value of financial
instruments held in the portfolio, and percentage weighting of the
security or financial instrument in the portfolio.
    Investors can also obtain the Trust's Statement of Additional
Information (``SAI''), the ETF's Shareholder Reports, and its Form N-
CSR and Form N-SAR, filed twice a year. The Trust's SAI and Shareholder
Reports are available free upon request from the Trust, and those
documents and the Form N-CSR and Form N-SAR may be viewed on-screen or
downloaded from the Commission's Web site at http://www.sec.gov.
Information regarding market price and trading volume of the Shares is
and will be continually available on a real-time basis throughout the
day on brokers' computer screens and other electronic services.
Information regarding the previous day's closing price and trading
volume information will be published daily in the financial section of
newspapers. Additional information regarding the Shares and the ETFs,
including investment strategies, risks, creation and redemption
procedures, fees, portfolio holdings disclosure policies, distributions
and taxes is included in the Registration Statement. All terms relating
to the ETFs that are referred to, but not defined in, this proposed
rule change are defined in the Registration Statement.
Initial and Continued Listing
    The Shares will be subject to NYSE Arca Equities Rule 8.600(d),
which sets forth the initial and continued listing criteria applicable
to Managed Fund Shares. The Exchange represents that, for initial and/
or continued listing, the Shares must be in compliance with Rule 10A-3
\14\ under the Exchange Act, as provided by NYSE Arca Equities Rule
5.3. A minimum of 100,000 Shares will be outstanding at the
commencement of trading on the Exchange. The Exchange will obtain a
representation from the issuer of the Shares that the net asset value
per Share will be calculated daily and that the net asset value and the
Disclosed Portfolio will be made available to all market participants
at the same time.
---------------------------------------------------------------------------

    \14\ See 17 CFR 240.10A-3.
---------------------------------------------------------------------------

Trading Halts
    With respect to trading halts, the Exchange may consider all
relevant factors in exercising its discretion to halt or suspend
trading in the Shares of the ETFs. Shares of the ETFs will be halted if
the ``circuit breaker'' parameters in NYSE Arca Equities Rule 7.12 are
reached. 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 securities comprising the Disclosed Portfolio and/or
the financial instruments of the ETFs; or (2) whether other unusual
conditions or circumstances detrimental to the maintenance of a fair
and orderly market are present. Trading in the Shares will be subject
to NYSE Arca Equities Rule 8.600(d)(2)(D), which sets forth
circumstances under which Shares of the ETFs may be halted.
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. Eastern time in
accordance with NYSE Arca Equities Rule 7.34 (Opening, Core, and Late
Trading Sessions). The Exchange has appropriate rules to facilitate

transactions in the Shares during all trading sessions. The minimum
trading increment for Shares on the Exchange will be $0.01.
Surveillance
    The Exchange intends to utilize its existing surveillance
procedures applicable to derivative products (which includes Managed
Fund Shares) 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 surveillance focuses 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 may obtain information via the Intermarket
Surveillance Group (``ISG'') from other exchanges who are members of
ISG.\15\
---------------------------------------------------------------------------

    \15\ For a list of the current members of ISG, see http://
www.isgportal.org. The Exchange notes that not all of the components
of the Disclosed Portfolio for the ETFs may trade on exchanges that
are members of ISG.
---------------------------------------------------------------------------

    In addition, 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 (``Bulletin'') of the special
characteristics and risks associated with trading the Shares.
Specifically, the Bulletin will discuss the following: (1) The
procedures for purchases and redemptions of Shares in Creation Unit
aggregations (and that Shares are not individually redeemable); (2)
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; (3) the risks involved in trading
the Shares during the Opening and Late Trading Sessions when an updated
Portfolio Indicative Value will not be calculated or publicly
disseminated; (4) how information regarding the Portfolio Indicative
Value 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 Bulletin will reference that the ETFs are subject
to various fees and expenses described in the Registration Statement.
The Bulletin will discuss any exemptive, no-action, and interpretive
relief granted by the Commission from any rules under the Exchange Act.
The Bulletin will also disclose that the NAV for the Shares will be
calculated after 4:00 p.m. Eastern time each trading day.
2. Statutory Basis
    The basis under the Exchange Act for this proposed rule change is
the requirement under Section 6(b)(5) \16\ 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. The
Exchange believes that the proposed rule change will facilitate the
listing and trading of additional types of exchange-traded products
that will enhance competition among market participants, to the benefit
of investors and the marketplace. In addition, the listing and trading
criteria set forth in NYSE Arca Equities Rule 8.600 are intended to
protect investors and the public interest.
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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 35 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 Exchange consents, the Commission will:
    (A) by order approve such proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule
change should be disapproved.
    The Exchange has requested accelerated approval of this proposed
rule change prior to the 30th day after the date of publication of
notice in the Federal Register. The Commission is considering granting
accelerated approval of the proposed rule change at the end of a 15-day
comment period.

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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2009-114 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-2009-114.
This file number should be included on the subject line if e-mail 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 inspection
and copying in the Commission's Public Reference Room, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; 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-2009-
114 and should be submitted on or before January 14, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-30919 Filed 12-29-09; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 106 (Wednesday, June 3, 2015)]
[Notices]
[Pages 31643-31644]
[FR Doc No: 2015-13488]

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DEPARTMENT OF TRANSPORTATION

[Docket No. DOT-OST-2015-0112]

Agency Requests for Reinstatement of a Previously Approved
Information Collection(s): Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments and
for Grants and Cooperative Agreements With Institutions of Higher
Education, Hospitals, and Other Nonprofit Organizations

AGENCY: Department of Transportation.

ACTION: Notice and request for comments.

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

SUMMARY: The Department of Transportation (DOT) invites public comments
about our intention to request the Office of Management and Budget
(OMB) approval previously approved information collection. This
information collection involves the use of various forms necessary
because of management and oversight responsibilities of the agency
imposed by OMB Circular 2 CFR 200, Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards. These forms
include Application for Federal Assistance (SF-424), Federal Financial
Report (SF-425), Request for Advance or Reimbursement (SF-270), and
Outlay Report and Request for Reimbursement for Construction Programs
(SF-271).
    We are required to publish this notice in the Federal Register by
the

Paperwork Reduction Act of 1995, Public Law 104-13.

DATES: Written comments should be submitted by July 30, 2015.

ADDRESSES: You may submit comments [identified by Docket No. DOT-OST-
2015-0112] through one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments.
     Fax: 1-202-493-2251
     Mail or Hand Delivery: Docket Management Facility, U.S.
Department of Transportation, 1200 New Jersey Avenue SE., West
Building, Room W12-140, Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except on Federal holidays.

FOR FURTHER INFORMATION CONTACT: Ellen Shields, Associate Director of
the Financial Assistance Policy and Oversight Division, M-65, Office of
the Senior Procurement Executive, Office of the Secretary, U.S.
Department of Transportation, 1200 New Jersey Avenue SE., Washington,
DC 20590,<PHONE_NUMBER>. Refer to OMB Control Number 2105-0520.

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 2105-0520
    Title: Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards.
    Form Numbers: SF-424, SF-425, SF-270, and SF-271.
    Type of Review: Revision of a previously approved collection.
    Background: This is to request the Office of Management and
Budget's (OMB) renewed three-year approved clearance for the
information collection, entitled, ``Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal
Awards'' OMB Control No. 2105-0520, which is currently due to expire on
June 30, 2015. Originally this OMB Control Number was titled: Uniform
Administrative Requirements for Grants and Agreements to State and
Local Governments and With Institution of Higher Education, Hospitals
and Other Non-Profit Organizations (OMB Circulars A-110 and 2 CFR 215).
However, on December 26, 2014, OMB issued new guidelines titled:
Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards and these guidelines cover the
following data collection standard forms (SF): Application for Federal
Assistance (SF-424); Federal Financial Report (SF-425); Request for
Advance or Reimbursement (SF-270); and Outlay Report & Request for
Reimbursement for Construction Programs (SF-271).
    There have also been adjustments to the burden estimates. In 2010,
the Department estimated a combined total of 2,704 respondents and
189,280 burden hours. Due to a 35% decrease in appropriations, the
Department has revised estimates and now has a combined total of 1,758
respondents and burden hours of 123,060. The estimated cost to
respondents and the federal government has decreased by 35% in overhead
expenses.
    Respondents: Grantees.
    Number of Respondents: 1,758.
    Number of Responses: 7,030.
    Total Annual Burden: 123,060.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for the Department's
performance; (b) the accuracy of the estimated burden; (c) ways for the
Department to enhance the quality, utility and clarity of the
information collection; and (d) ways that the burden could be minimized
without reducing the quality of the collected information. The agency
will summarize and/or include your comments in the request for OMB's
clearance of this information collection.

    Authority:  The Paperwork Reduction Act of 1995; 44 U.S.C.
chapter 35, as amended; and 49 CFR 1:48.

    Issued in Washington, DC on May 29, 2015.
Ellen Shields,
Associate Director, Financial Assistance Policy and Oversight, Office
of the Senior Procurement Executive.
[FR Doc. 2015-13488 Filed 6-2-15; 8:45 am]
BILLING CODE 4910-9X-P