[Federal Register Volume 78, Number 234 (Thursday, December 5, 2013)]
[Notices]
[Pages 73188-73189]
[FR Doc No: 2013-29090]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-R09-OAR-2013-0762; FRL-9903-85-Region-9]

Adequacy Status of Motor Vehicle Emissions Budget in Submitted
State Implementation Plan; Maricopa County PM-10 Nonattainment Area,
Arizona

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of adequacy.

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SUMMARY: In this notice, EPA is notifying the public that the Agency
has found that the motor vehicle emissions budget (MVEB) for
particulate matter less than ten microns (PM-10) for the year 2012 in
the Five Percent Plan for PM-10 for the Maricopa County Nonattainment
Area (May 2012) (``Five Percent Plan'') is adequate for transportation
conformity purposes. The Five Percent Plan for PM-10 in the Maricopa
County Nonattainment Area was submitted to EPA on May 25, 2012 by the
Arizona Department of Environmental Quality (ADEQ) as a revision to the
Arizona State Implementation Plan (SIP). As a result of our adequacy
findings, the Maricopa Association of Governments (MAG) and the U.S.
Department of Transportation must use the MVEB for future conformity
determinations.

DATES: Effective December 20, 2013.

FOR FURTHER INFORMATION CONTACT: Greg Nudd, U.S. EPA, Region IX, Air
Division AIR-2, 75 Hawthorne Street, San Francisco, CA 94105-3901,
(415) 947-4107 or<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
    Today's notice announces that we have found that the MVEB in the
submitted Five Percent Plan for PM-10 in the Maricopa County
Nonattainment Area for the year 2012 is adequate. The adequate MVEB is
54.9 metric tons per day of PM-10. More information regarding our
finding can be found in our letter to MAG and ADEQ dated November 22,
2013.

    Receipt of the MVEB in Five Percent Plan for PM-10 for the Maricopa
County Nonattainment Area was announced on EPA's transportation
conformity Web site on September 12, 2013. We received no comments in
response to the adequacy review posting. The adequacy finding is
available at EPA's transportation conformity Web site: http://www.epa.gov/otaq/stateresources/transconf/adequacy.htm.
    Transportation conformity is required by Clean Air Act section
176(c). EPA's conformity rule requires that transportation plans,
transportation improvement programs, and transportation projects
conform to SIPs and establishes the criteria and procedures for
determining whether or not they do conform. Conformity to a SIP means
that transportation activities will not produce new air quality
violations, worsen existing violations, or delay timely attainment of
the national ambient air quality standards.
    The criteria by which we determine whether a SIP's MVEB is adequate
for conformity purposes are outlined in 40 CFR 93.118(e)(4), which was
promulgated in a final rule published on August 15, 1997 (62 FR 43780,
43781-43783). We have further described our process for determining the
adequacy of submitted SIP budgets in a final rule published on July 1,
2004 (69 FR 40004, 40038), and we used the information in these
resources in making our adequacy determination. Please note that an
adequacy review is separate from EPA's review of the SIP, and should
not be used to predict EPA's action for the SIP.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: November 26, 2013.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2013-29090 Filed 12-4-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 30 (Wednesday, February 15, 2017)]
[Notices]
[Page 10833]
[FR Doc No: 2017-02975]

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SECURITIES AND EXCHANGE COMMISSION

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:
    Form BD-N/Rule 15b11-1; SEC File No. 270-498, OMB Control No.
3235-0556.

    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
15b11-1 (17 CFR 240.15b11-1) under the Securities Exchange Act of 1934
(``Exchange Act'') (15 U.S.C. 78a et seq.) and Form BD-N (17 CFR
249.501b).
    Rule 15b11-1 provides that a broker or dealer may register by
notice pursuant to section 15(b)(11)(A) of the Exchange Act (15 U.S.C.
78o(b)(11)(A)) if it: (1) Is registered with the Commodity Futures
Trading Commission as a futures commission merchant or an introducing
broker, as those terms are defined in the Commodity Exchange Act (7
U.S.C. 1, et seq.); (2) is a member of the National Futures Association
or another national securities association registered under section
15A(k) of the Exchange Act (15 U.S.C. 78o-3(k)); and (3) is not
required to register as a broker or dealer in connection with
transactions in securities other than security futures products. The
rule also requires a broker or dealer registering by notice to do so by
filing Form BD-N in accordance with the instructions to the form. In
addition, the rule provides that if the information provided by filing
the form is or becomes inaccurate for any reason, the broker or dealer
shall promptly file an amendment on the form correcting such
information.
    The Commission staff estimates that the total annual reporting
burden associated with Rule 15b11-1 and Form BD-N is approximately
three hours, based on an average of two initial notice registrations
per year that each take approximately 30 minutes to complete, for one
hour, plus an average of nine amendments per year that each take
approximately fifteen minutes to complete, for 2.25 hours, rounded down
to two hours, for a total of three hours.
    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 Web site: www.reginfo.gov. Comments should
be directed to: (i) Desk Officer for the Securities and Exchange
Commission, Office of Information and Regulatory Affairs, Office of
Management and Budget, Room 10102, New Executive Office Building,
Washington, DC 20503, or by sending an email to:
<EMAIL_ADDRESS>and (ii) Pamela Dyson, Director/Chief
Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 100 F Street NE., Washington, DC 20549, or by sending an
email to<EMAIL_ADDRESS>Comments must be submitted to OMB within
30 days of this notice.

    Dated: February 8, 2017.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-02975 Filed 2-14-17; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 217 (Thursday, November 10, 2022)]
[Proposed Rules]
[Pages 67842-67845]
[FR Doc No: 2022-24542]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0396; Project Identifier MCAI-2021-01050-T]
RIN 2120-AA64

Airworthiness Directives; ATR-GIE Avions de Transport
R[eacute]gional Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (SNPRM).

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SUMMARY: The FAA proposes to revise a notice of proposed rulemaking
(NPRM) to supersede Airworthiness Directive (AD) 2021-09-13, which
applies to certain ATR-GIE Avions de Transport R[eacute]gional Model
ATR42-500 airplanes. This action revises the NPRM by including
additional new or more restrictive airworthiness limitations. The FAA
is proposing this AD to address the unsafe condition on these products.
Since this action would impose an additional burden over those in the
NPRM, the FAA is reopening the comment period to allow the public the
chance to comment on these changes.

DATES: The FAA must receive comments on this SNPRM by December 27,
2022.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-

30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue
SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2022-0396; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains the NPRM, this SNPRM, the mandatory continuing
airworthiness information (MCAI), any comments received, and other
information. The street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For material that is proposed for incorporation by
reference in this SNPRM, contact EASA, Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; telephone +49 221 8999 000; email [email protected];
website easa.europa.eu. You may find this material on the EASA website
at ad.easa.europa.eu. It is also available at regulations.gov under
Docket No. FAA-2022-0396.
     You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Shahram Daneshmandi, Aerospace
Engineer, Large Aircraft Section, FAA, International Validation Branch,
2200 South 216th St., Des Moines, WA 98198; telephone<PHONE_NUMBER>;
email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2022-0396; Project Identifier
MCAI-2021-01050-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this SNPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this SNPRM contain
commercial or financial information that is customarily treated as
private, that you actually treat as private, and that is relevant or
responsive to this SNPRM, it is important that you clearly designate
the submitted comments as CBI. Please mark each page of your submission
containing CBI as ``PROPIN.'' The FAA will treat such marked
submissions as confidential under the FOIA, and they will not be placed
in the public docket of this SNPRM. Submissions containing CBI should
be sent to Shahram Daneshmandi, Aerospace Engineer, Large Aircraft
Section, FAA, International Validation Branch, 2200 South 216th St.,
Des Moines, WA 98198; telephone<PHONE_NUMBER>; email
[email protected]. Any commentary that the FAA receives which
is not specifically designated as CBI will be placed in the public
docket for this rulemaking.

Background

    The FAA issued AD 2021-09-13, Amendment 39-21527 (86 FR 27031, May
19, 2021) (AD 2021-09-13), for certain ATR-GIE Avions de Transport
R[eacute]gional Model ATR42-500 airplanes. AD 2021-09-13 requires
revising the existing maintenance or inspection program, as applicable,
to incorporate new or more restrictive airworthiness limitations. The
FAA issued AD 2021-09-13 to prevent reduced structural integrity of the
airplane.
    The FAA issued an NPRM to amend 14 CFR part 39 by adding an AD to
supersede AD 2021-09-13 that would apply to certain ATR-GIE Avions de
Transport R[eacute]gional Model ATR42-500 airplanes. The NPRM published
in the Federal Register on April 8, 2022 (87 FR 20783) (the NPRM). The
NPRM was prompted by MCAI originated by the European Union Aviation
Safety Agency (EASA), which is the Technical Agent for the Member
States of the European Union. EASA issued AD 2021-0212, dated September
17, 2021 (EASA AD 2021-0212), to correct an unsafe condition. The NPRM
proposed to retain the requirements of AD 2021-09-13. The NPRM also
proposed to require revising the existing maintenance or inspection
program, as applicable, to incorporate new or more restrictive
airworthiness limitations.

Actions Since the NPRM Was Issued

    Since the FAA issued the NPRM, EASA superseded EASA AD 2021-0212
and issued EASA AD 2022-0063, dated April 8, 2022 (EASA AD 2022-0063).
EASA AD 2022-0063 was issued because ATR-GIE Avions de Transport
published Revision 16 of the ATR 42-400/-500 Time Limits Document
(TLD), which included new or more restrictive maintenance tasks and
airworthiness limitations. EASA subsequently superseded EASA AD 2022-
0063 and issued EASA AD 2022-0200, dated September 26, 2022 (EASA AD
2022-0200) (also referred to after this as the MCAI). EASA AD 2022-0200
states that since EASA AD 2022-0063 was issued, ATR-GIE Avions de
Transport published Revision 17 of the ATR 42-400/-500 TLD, which
includes new or more restrictive maintenance tasks and airworthiness
limitations.
    EASA AD 2022-0200 applies to all ATR-GIE Avions de Transport
R[eacute]gional Model ATR42-400 and -500 airplanes. Model ATR42-400
airplanes are not certificated by the FAA and are not included on the
U.S. type certificate data sheet; this proposed AD therefore does not
include those airplanes in the applicability. Airplanes with an
original airworthiness certificate or original export certificate of
airworthiness issued after July 29, 2022, must comply with the
airworthiness limitations specified as part of the approved type design
and referenced on the type certificate data sheet; this proposed AD
therefore does not include those airplanes in the applicability.
    The FAA is proposing this AD to prevent reduced structural
integrity of the airplane. You may examine EASA AD 2022-0200 in the AD
docket at regulations.gov under Docket No. FAA-2022-0396.

Comments

    The FAA received a comment from The Air Line Pilots Association,
International (ALPA), who supported the NPRM without change.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0200 describes new or more restrictive maintenance
tasks and airworthiness limitations for airplane structures and for
safe life limits of the components.

    This proposed AD would also require EASA AD 2020-0263, dated
December 1, 2020, which the Director of the Federal Register approved
for incorporation by reference as of June 23, 2021 (86 FR 27031, May
19, 2021).
    This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

FAA's Determination

    These products have been approved by the aviation authority of
another country and are approved for operation in the United States.
Pursuant to the FAA's bilateral agreement with the State of Design
Authority, it has notified the FAA of the unsafe condition described in
the MCAI described above. The FAA is issuing this NPRM after
determining that the unsafe condition described previously is likely to
exist or develop in other products of these same type designs.
    Certain changes described above expand the scope of the NPRM. As a
result, it is necessary to reopen the comment period to provide
additional opportunity for the public to comment on this SNPRM.

Proposed AD Requirements in This SNPRM

    This proposed AD would retain the requirements of AD 2021-09-13.
This proposed AD would also require revising the existing maintenance
or inspection program, as applicable, to incorporate additional new or
more restrictive maintenance tasks and airworthiness limitations, which
are specified in EASA AD 2022-0200 described previously, as proposed
for incorporation by reference. Any differences with EASA AD 2022-0200
are identified as exceptions in the regulatory text of this AD.
    This proposed AD would require revisions to certain operator
maintenance documents to include new actions (e.g., inspections) and
Critical Design Configuration Control Limitations (CDCCLs). Compliance
with these actions and CDCCLs is required by 14 CFR 91.403(c). For
airplanes that have been previously modified, altered, or repaired in
the areas addressed by this proposed AD, the operator may not be able
to accomplish the actions described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must request
approval for an alternative method of compliance (AMOC) according to
paragraph (m)(1) of this proposed AD.

Costs of Compliance

    The FAA estimates that this proposed AD affects 9 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this
proposed AD:
    The FAA estimates the total cost per operator for the retained
actions from AD 2021-09-13 to be $7,650 (90 work-hours x $85 per work-
hour).
    The FAA has determined that revising the existing maintenance or
inspection program takes an average of 90 work-hours per operator,
although the agency recognizes that this number may vary from operator
to operator. Since operators incorporate maintenance or inspection
program changes for their affected fleet(s), the FAA has determined
that a per-operator estimate is more accurate than a per-airplane
estimate.
    The FAA estimates the total cost per operator for the new proposed
actions to be $7,650 (90 work-hours x $85 per work-hour).

Authority for This Rulemaking

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

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive (AD) 2021-09-13, Amendment 39-21527
(86 FR 27031, May 19, 2021); and
0
b. Adding the following new AD:

ATR-GIE Avions de Transport R[eacute]gional: Docket No. FAA-2022-
0396; Project Identifier MCAI-2021-01050-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by December 27, 2022.

(b) Affected ADs

    This AD replaces AD 2021-09-13, Amendment 39-21527 (86 FR 27031,
May 19, 2021) (AD 2021-09-13).

(c) Applicability

    This AD applies to ATR-GIE Avions de Transport R[eacute]gional
Model ATR42-500 airplanes, certificated in any category, with an
original airworthiness certificate or original export certificate of
airworthiness issued on or before July 29, 2022.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Unsafe Condition

    This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
issuing this AD to prevent reduced structural integrity of the
airplane.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Retained Revision of the Existing Maintenance or Inspection
Program, With a New Terminating Action

    This paragraph restates the requirements of paragraph (j) of AD
2021-09-13, with a new

terminating action. For airplanes with an original airworthiness
certificate or original export certificate of airworthiness dated on
or before July 7, 2020: Except as specified in paragraph (h) of this
AD, comply with all required actions and compliance times specified
in, and in accordance with, European Union Aviation Safety Agency
(EASA) AD 2020-0263, dated December 1, 2020 (EASA AD 2020-0263).
Accomplishing the revision of the existing maintenance or inspection
program required by paragraph (j) of this AD terminates the
requirements of this paragraph.

(h) Retained Exceptions to EASA AD 2020-0263, With No Changes

    This paragraph restates the exceptions specified in paragraph
(k) of AD 2021-09-13, with no changes. For airplanes with an
original airworthiness certificate or original export certificate of
airworthiness dated on or before July 7, 2020, the following
exceptions apply:
    (1) The requirements specified in paragraphs (1) and (2) of EASA
AD 2020-0263 do not apply to this AD.
    (2) Paragraph (3) of EASA AD 2020-0263 specifies revising ``the
approved AMP [Aircraft Maintenance Program]'' within 12 months after
its effective date, but this AD requires revising the existing
maintenance or inspection program, as applicable, within 90 days
after June 23, 2021 (the effective date of AD 2021-09-13).
    (3) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA 2020-0263 is at the applicable ``thresholds''
as incorporated by the requirements of paragraph (3) of EASA AD
2020-0263, or within 90 days after June 23, 2021 (the effective date
of AD 2021-09-13), whichever occurs later.
    (4) The provisions specified in paragraphs (4) and (5) of EASA
AD 2020-0263 do not apply to this AD.
    (5) The ``Remarks'' section of EASA AD 2020-0263 does not apply
to this AD.

(i) Retained Restrictions on Alternative Actions, Intervals, and
Critical Design Configuration Control Limitations (CDCCLs), With a New
Exception

    This paragraph restates the requirements of paragraph (l) of AD
2021-09-13, with a new exception. Except as required by paragraph
(j) of this AD, after the maintenance or inspection program has been
revised as required by paragraph (g) of this AD, no alternative
actions (e.g., inspections), intervals, and CDCCLs are allowed
unless they are approved as specified in the provisions of the
``Ref. Publications'' section of EASA AD 2020-0263.

(j) New Revision of the Existing Maintenance or Inspection Program

    Except as specified in paragraph (k) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2022-0200, dated September 26, 2022 (EASA
AD 2022-0200). Accomplishing the revision of the existing
maintenance or inspection program required by this paragraph
terminates the requirements of paragraph (g) of this AD.

(k) Exceptions to EASA AD 2022-0200

    (1) The requirements specified in paragraph (1) and (2) of EASA
AD 2022-0200 do not apply to this AD.
    (2) Paragraph (3) of EASA AD 2022-0200 specifies revising ``the
approved AMP'' within 12 months after its effective date, but this
AD requires revising the existing maintenance or inspection program,
as applicable, within 90 days after the effective date of this AD.
    (3) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA AD 2022-0200 is at the applicable
``limitations'' and ``associated thresholds'' as incorporated by the
requirements of paragraph (3) of EASA AD 2022-0200, or within 90
days after the effective date of this AD, whichever occurs later.
    (4) The provisions specified in paragraphs (4) and (5) of EASA
AD 2022-0200 do not apply to this AD.
    (5) The ``Remarks'' section of EASA AD 2022-0200 does not apply
to this AD.

(l) New Provisions for Alternative Actions, Intervals, and CDCCLs

    After the existing maintenance or inspection program has been
revised as required by paragraph (j) of this AD, no alternative
actions (e.g., inspections), intervals, and CDCCLs are allowed
unless they are approved as specified in the provisions of the
``Ref. Publications'' section of EASA AD 2022-0200.

(m) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or responsible Flight Standards Office, as
appropriate. If sending information directly to the International
Validation Branch, send it to the attention of the person identified
in paragraph (n) of this AD. Information may be emailed to: [email protected]. Before using any approved AMOC, notify your
appropriate principal inspector, or lacking a principal inspector,
the manager of the responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Validation Branch, FAA; or EASA; or ATR-GIE Avions de Transport
R[eacute]gional's EASA Design Organization Approval (DOA). If
approved by the DOA, the approval must include the DOA-authorized
signature.

(n) Additional Information

    For more information about this AD, contact Shahram Daneshmandi,
Aerospace Engineer, Large Aircraft Section, FAA, International
Validation Branch, 2200 South 216th St., Des Moines, WA 98198;
telephone<PHONE_NUMBER>; email [email protected].

(o) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (3) The following service information was approved for IBR on
December 15, 2022.
    (i) European Union Aviation Safety Agency (EASA) AD 2022-0200,
dated September 26, 2022.
    (ii) [Reserved]
    (4) The following service information was approved for IBR on
June 23, 2021 (86 FR 27031, May 19, 2021).
    (i) EASA AD 2020-0263, dated December 1, 2020.
    (ii) [Reserved]
    (5) For EASA ADs 2022-0200 and 2020-0263, contact EASA, Konrad-
Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000;
email [email protected]; website easa.europa.eu.
    (6) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.
    (7) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on November 5, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-24542 Filed 11-9-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 30 (Thursday, February 13, 2020)]
[Rules and Regulations]
[Pages 8169-8173]
[FR Doc No: 2020-01760]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 1, 100, 110, and 165

[Docket No. USCG-2018-0533]
RIN 1625-ZA38

Navigation and Navigable Waters, and Shipping; Technical,
Organizational, and Conforming Amendments for U.S. Coast Guard Field
Districts 5, 8, 9, 11, 13, 14, and 17

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is issuing non-substantive technical,
organizational, and conforming amendments to existing regulations in
parts 1, 100, 110, and 165 of Title 33 of the Code of Federal
Regulations. These amendments update and clarify general regulations in
part 1, and update regulations for Field Districts 5, 8, 9, 11, 13, 14,
and 17 to reflect the current status of regulated navigation areas,
special local regulations, anchorages, safety zones, and security
zones. This rule will have no substantive effect on the regulated
public.

DATES: This final rule is effective March 16, 2020.

FOR FURTHER INFORMATION CONTACT: For information about this document
call or email Dominique Christianson, Coast Guard; telephone 202-372-
3856, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Abbreviations
II. Regulatory History
III. Basis and Purpose
IV. Discussion of Rule
V. Regulatory Analyses
    A. Regulatory Planning and Review
    B. Impact on Small Entities
    C. Assistance for Small Entities
    D. Collection of Information
    E. Federalism
    F. Unfunded Mandates Reform Act
    G. Taking of Private Property
    H. Civil Justice Reform
    I. Protection of Children
    J. Indian Tribal Governments
    K. Energy Effects
    L. Technical Standards
    M. Environment

I. Abbreviations

CFR Code of Federal Regulations
CG-LRA Office of Regulations and Administrative Law
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
Sec.  Section
U.S.C. United States Code

II. Regulatory History

    We did not publish a notice of proposed rulemaking for this rule.
Under Title 5 of the United States Code (U.S.C.), section 553(b)(A),
the Coast Guard finds that this rule is exempt from notice and public
comment rulemaking requirements because these changes involve rules of
agency organization, procedure, or practice. In addition, the Coast
Guard finds that notice and comment procedures are unnecessary under 5
U.S.C. 553(b)(B), as this rule consists only of technical and editorial
corrections, and these changes will have no substantive effect on the
public.

III. Basis and Purpose

    This rulemaking project was identified as part of the Coast Guard's
Regulatory Reform Task Force Initiative. These field regulation changes
were identified as part of the deregulation identification process
required by Executive Order 13771 (Reducing Regulation and Controlling
Regulatory Costs), Executive Order 13777 (Enforcing the Regulatory
Reform Agenda Deregulatory Process), and associated guidance issued in
2017. This rule makes technical and editorial corrections in Title 33
of the Code of Federal Regulations (CFR). Specifically, the rule
removes safety zones, security zones, and special local regulations
where the event is no longer held. This rule also removes special
anchorage areas that are no longer used, and redesignates certain
special anchorage areas in the Hawaiian Islands and Guam so they are
grouped in the CFR as District 14 anchorages. Additionally, the rule
removes outdated references to penalties in regulations governing
certain regulated navigation areas in Florida and Georgia, and updates
Captain of the Port (COTP) information in regulations for certain
regulated navigation areas and security zones in Kentucky, Ohio, and
Missouri. These changes are necessary to correct errors, change
addresses, and make other non-substantive changes that improve the
clarity of the CFR. This rule does not create or change any substantive
requirements.
    The changes to 33 CFR part 1 are authorized under 14 U.S.C. 503,
which grants the Secretary of the Department of Homeland Security (DHS)
broad authority to promulgate such regulations as are appropriate to
carry out the provisions of any law applicable to the Coast Guard. The
changes to 33

CFR part 100 are specifically authorized under 46 U.S.C. 70041(a),
which vests the Commandant of the Coast Guard with authority to issue
regulations to promote the safety of life on navigable waters during
regattas or marine parades. The changes to 33 CFR parts 110 and 165 are
authorized under the general authority of 46 U.S.C. 70034, granting the
Secretary of DHS broad authority to issue, amend, or repeal regulations
as necessary to implement 46 U.S.C. chapter 700, Ports and Waterways
Safety Program. The Secretary has delegated rulemaking authority under
14 U.S.C. 503 and 46 U.S.C. 70034 to the Commandant via DHS Delegation
No. 0170.1.\1\
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    \1\ The Coast Guard Authorization Act of 2018, Public Law 115-
282, 132 Stat. 4192 (Dec. 4, 2018) redesignated 33 U.S.C. 1231 as 46
U.S.C. 70034.
---------------------------------------------------------------------------

IV. Discussion of the Rule

    The Coast Guard amends 33 CFR parts 1, 100, 110, and 165 by
removing outdated event references and updating contact information in
Coast Guard Field Districts 5, 8, 9, 11, 13, 14, and 17.

A. Changes to 33 CFR Part 1 General Provisions

    In Sec.  1.05-1 the following changes are being made:
    It amends paragraphs (d) and (d)(1) by updating the title of the
Assistant Commandant for Reponse Policy;
    It amends paragraph (e) to clarify that the types of regulations
Coast Guard District Commanders are authorized to issue include the
establishment of safety zones around facilities being constructed
maintained, or operated on the Outer Continental Shelf. This is not a
new delegation of authority. District Commanders have been delegated
the authority to issue and enforce safety zone regulations on the Outer
Continental Shelf since 1982 and that authority is codified in Coast
Guard regulations at 33 CFR 147.5 (47 FR 9366, 9386, March 4, 1982).
The lack of inclusion of this authority in the general list of
delegated authorities at Sec.  1.05-1 was a drafting oversight which we
now wish to correct;
    It amends paragraph (g) by updating the title of the Assistant
Commandant for Reponse Policy; and
    It amends paragraph (h) by updating the office symbol for the
Office of Regulations and Administrative Law.
    In Sec.  1.05-20, the Coast Guard is amending the mailing address
for petitions for rulemaking. Currently Sec.  1.05-20 directs the
public to mail petitions to CG-0943, to the attention of the Executive
Secretary of the Marine Safety and Security Counsel. For expediency in
directing incoming petitions to the proper office within the Coast
Guard, we are amending this regulation to state that the public should
mail petitions to the Office of Regulations and Administrative Law (CG-
LRA). The Executive Secretary for the Marine Safety and Security
Counsel resides within the Office of Regulations and Administrative
Law. The Office of Regulations and Administrative Law, previously
identified with the abbreviation CG-0943, was re-identified as CG-LRA
several years ago; and
    In Sec.  1.05-50 the following changes are made regarding final
rules:
    The paragraph discussing rules issued through notice and comment
first and then promulgation without notice and comment is being
restructured. This proposed change reflects the requirements of 5
U.S.C. 553 which requires agencies to allow the public to comment on
rules prior to issuance except under certain specified conditions.
Also, we are clarifying that the preamble to a final rule must respond
to all significant comments, not necessarily all comments. We generally
mention all comments that we received, even if only to note that some
comments were outside the scope or completely not applicable to the
rulemaking. However, we do not otherwise address the merits or spend as
much time on comments that did not relate to the rulemaking.

B. Changes to 33 CFR Part 100 General Provisions

    In 33 CFR part 100, the following Special Local Regulations are
being changed:
    In Table 7 of Sec.  100.801, item 3 (Battle on the Bayou) and item
5 (Chattahoochee Challenge) are being removed, as these events are no
longer issued permits;
    In Table 1 of Sec.  100.1101, item 7 (ITU World Triathlon), item 8
(Fearless Triathlon), and item 9 (Bay to Bay Rowing and Paddling
Regatta) are being removed, as these events are no longer issued
permits;
    In Table 1 of Sec.  100.1103, item 1 (Redwood Heron Sprints
Regatta), item 2 (Stockton Asparagus Festival), item 5 (Kinetic
Sculpture Race), item 6 (Sacramento Bridge-to-Bridge Water Festival),
and item 7 (Humboldt Bay Paddle Fest) are being removed, as these
events are no longer issued permits;
    Section 100.1306 (National Maritime Week Tugboat Races) is being
removed because this event no longer occurs; and
    Section 100.1307 (Straight Thunder Performance) is being removed
because this event no longer occurs.

C. Changes to 33 CFR Part 110 General Provisions

    In 33 CFR part 110, the following anchorage areas are being
changed:
    The special anchorage areas located in Sec.  110.65 (Indian River
Bay), Sec.  110.70 (Chesapeake and Delaware Canal), and Sec.  110.71(a)
(Northeast River), are being removed because they are no longer
utilized;
    The special anchorage areas located in Sec.  110.128b (Island of
Hawaii), Sec.  128c (Island of Kauai), and Sec.  128d (Island of Oahu)
are being redesignated as Sec. Sec.  110.129, 110.129a, and 110.129b,
respectively, so that they will be organized with the District 14
anchorages, not District 13;
    The special anchorage area in Sec.  110.129a (Apra Harbor) is being
redesignated as Sec.  110.129c because Sec.  110.128c has been
redesignated above as Sec.  110.129a; and
    The special anchorage area listed in Sec.  110.232 (Southeast
Alaska) is being removed, as this anchorage is no longer used.

D. Changes to 33 CFR Part 165 General Provisions

    In 33 CFR part 165, the following provisions are being changed:
    The security zones in Sec.  165.T08-0994 (Mississippi River, New
Orleans), the safety zone in Sec.  165.T09-0971 (Overhead Cable
Replacement, Maumee River), the safety zone in Sec.  165.T11-504
(Independence Day Fireworks Celebration for the City of Richmond), and
the safety zone in Sec.  165.T11-630 (Giants Enterprises Fireworks
Display) are being removed, as the enforcement periods for these
regulations have expired;
    Outdated reference to penalities in Sec.  165.726 (Regulated
Navigation Areas, Miami River) and Sec.  165.756 (Regulated Navigation
Area, Savannah River) are being removed;
    In Table 7 of Sec.  165.801, the safety zones are being removed in
item 1 (Go Daddy Bowl), item 3 (Billy Bowlegs Pirate Festival), and
item 5 (Fourth of July Celebration City of Fort Walton Beach) as these
events no longer occur;
    The security zones in Sec.  165.809 (Port of Port Lavaca-Point
Comfort, Point Comfort, and Port of Corpus Christi Inner Harbor) are
being removed as this security zone was removed in 2005 by previous
regulation (70 FR 9363).
    The regulated navigation area in Sec.  165.815, paragraph (c) (Ohio
River at Louisville, Kentucky) is being revised to provide correct
Captain of the Port (COTP) information;
    The security zone in Sec.  165.820, paragraph (b) (Ohio River Mile
34.6 to

35.1, Shippingport, Pennsylvania) is being revised to provide correct
COTP information;
    The regulated navigation area in Sec.  165.821, paragraph (b) (Ohio
River at Cincinnati, Ohio) is being revised to provide correct COTP
information; and
    The security zones in Sec.  165.825, paragraph (b) (Captain of the
Port St. Louis, Missouri) are being revised to provide correct COTP
information.

IV. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 (Regulatory Planning and Review) and 13563
(Improving Regulation and Regulatory Review) direct agencies to assess
the costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. Executive Order 13771 (Reducing Regulation and Controlling
Regulatory Costs) directs agencies to reduce regulation and control
regulatory costs and provides that ``for every one new regulation
issued, at least two prior regulations be identified for elimination,
and that the cost of planned regulations be prudently managed and
controlled through a budgeting process.''
    The Office of Management and Budget (OMB) has not designated this
rule a significant regulatory action under section 3(f) of Executive
Order 12866. Accordingly, OMB has not reviewed it. Because this rule is
not a significant regulatory action, this rule is exempt from the
requirements of Executive Order 13771. See the OMB's Memorandum titled
``Guidance Implementing Executive Order 13771, titled `Reducing
Regulation and Controlling Regulatory Costs' '' (April 5, 2017). A
regulatory analysis (RA) follows. This rule involves non-substantive
changes and internal agency practices and procedures; it will not
impose any additional costs on the public. The benefit of the non-
substantive changes is increased clarity and accuracy of regulations.

B. Impact on Small Entities

    Under the Regulatory Flexibility Act, 5 U.S.C. 601-612, we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
This rule will have no substantive effect on the regulated public.
Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that this
rule will not have a significant economic impact on a substantial
number of small entities.
    This rule is not preceded by a notice of proposed rulemaking and,
therefore is exempt from the requirements of the Regulatory Flexibility
Act (5 U.S.C. 601-612). The Regulatory Flexibility Act does not apply
when notice and comment rulemaking is not required.

C. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996, Public Law 104-121, we offer to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking. The Coast Guard
will not retaliate against small entities that question or complain
about this rule or any policy or action of the Coast Guard.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).

D. Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3520.

E. Federalism

    A rule has implications for federalism under Executive Order 13132
(Federalism) if it has a substantial direct effect on States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under Executive Order 13132 and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.

F. Unfunded Mandates Reform Act

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

G. Taking of Private Property

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

H. Civil Justice Reform

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

I. Protection of Children

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

J. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175 (Consultation and Coordination with Indian Tribal Governments),
because it would not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

K. Energy Effects

    We have analyzed this rule under Executive Order 13211 (Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use). We have determined that it is not a
``significant energy action'' under that order because it is not a
``significant regulatory action''

under Executive Order 12866 and is not likely to have a significant
adverse effect on the supply, distribution, or use of energy.

L. Technical Standards

    The National Technology Transfer and Advancement Act, codified as a
note to 15 U.S.C. 272, directs agencies to use voluntary consensus
standards in their regulatory activities unless the agency provides
Congress, through OMB, with an explanation of why using these standards
would be inconsistent with applicable law or otherwise impractical.
Voluntary consensus standards are technical standards (e.g.,
specifications of materials, performance, design, or operation; test
methods; sampling procedures; and related management systems practices)
that are developed or adopted by voluntary consensus standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

M. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have
determined that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. A Record of Environmental Consideration (REC) supporting
this determination is available in the docket. For instructions on
locating the docket, see the ADDRESSES section of this preamble. A
preliminary Record of Environmental Consideration and a Memorandum for
the Record are not required for this rule.
    This rule is categorically excluded from further review under
paragraphs L54, L55, L59 and L61 in Appendix A, Table 1 of DHS
Directive 023-01. Paragraph L54 pertains to promulgation of regulations
that are editorial or procedural; paragraph L55 pertains to regulations
concerning internal agency function or organization; paragraph L59
pertains to regulations establishing, disestablishing, or changing the
size of Special Anchorage Areas or anchorage grounds; paragraph L61
pertains to special local regulations issues in conjunction with a
regatta or marine parade. This rule amends Title 33 CFR parts 1, 100,
110, and 165 by updating and clarifying general regulations and by
removing outdated event references and updating contact information in
Coast Guard Field Districts 5, 8, 9, 11, 13, 14, and 17. These
regulation changes are consistent with the Coast Guard's maritime
safety and stewardship missions.

List of Subjects

33 CFR Part 1

    Administrative practice and procedure, Authority delegations
(Government agencies), Freedom of information, Penalties.

33 CFR Part 100

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

33 CFR Part 110

    Anchorage grounds.

33 CFR Part 165

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

    For the reasons stated in the preamble, the Coast Guard amends 33
CFR parts 1, 100, 110, and 165 as follows:

PART 1--GENERAL PROVISIONS

Subpart 1.05--Rulemaking

0
1. The authority citation for subpart 1.05 is revised to read as
follows:

    Authority:  5 U.S.C. 552, 553, App. 2; 14 U.S.C. 102, 502, 503,
and 505; 33 U.S.C. 471, 499; 49 U.S.C. 101, 322; Department of
Homeland Security Delegation No. 0170.1.

0
2. Amend Sec.  1.05-1 by:
0
a. In paragraph (d) introductory text removing the words ``Marine
Safety, Security and Stewardship (CG-5)'' and adding, in their place,
the words ``Response Policy (CG-5R)'';
0
b. In paragraph (d)(1) introductory text, removing the words ``Marine
Safety, Security and Stewardship'' and adding, in their place, the
words ``Response Policy (CG-5R)'';
0
c. Adding paragraph (e)(1)(viii);
0
d. In paragraph (g) removing the words ``Marine Safety, Security and
Stewardship'' and adding, in their place, the words ``Response
Policy''; and
0
e. In paragraph (h), removing the words ``(CG-0943)'' and adding, in
their place, the words ``(CG-LRA)''.
    The addition reads as follows:

Sec.  1.05-1   Delegation of rulemaking authority.

* * * * *
    (e) * * *
    (1) * * *
    (viii) The establishment of safety zones around OCS facilities
being constructed, maintained, or operated on the Outer Continental
Shelf.
* * * * *

Sec.  1.05-20   [Amended]

0
3. In Sec.  1.05-20(a), remove the words ``Commandant (CG-0943), Attn:
Executive Secretary, Marine Safety and Security Council,'' and add, in
their place, the words ``Office of Regulations and Administrative Law
(CG-LRA)''.

0
4. Revise Sec.  1.05-50 to read as follows:

Sec.  1.05-50   Final Rule.

    When notice and comment procedures have been used, and after all
comments received have been considered, a final rule is issued. A final
rule document contains a preamble that responds to significant comments
received and includes a discussion of changes made from the proposed or
interim rule, a citation of legal authority, and the text of the rule.
In some instances, a final rule may be issued without prior notice and
comment.

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
5. The authority citation for part 100 continues to read as follows:

    Authority:  46 U.S.C. 70041; 33 CFR 1.05-1.

Sec.  100.801   [Amended]

0
6. In Sec.  100.801 amend Table 7 of Sec.  100.801 by:
0
a. Removing item 3 (Battle on the Bayou) and item 5 (Chattahoochee
Challenge); and
0
b. Redesignating item 4 as item 3, item 6 as item 4, and items 7
through 20 as items 5 through 18.

Sec.  100.1101   [Amended]

0
7. In Sec.  100.1101 amend Table 1 of Sec.  100.1101 by:
0
a. Removing item 7 (ITU World Triathlon), item 8 (Fearless Triathlon)
and item 9 (Bay to Bay Rowing and Paddling Regatta); and
0
b. Redesignating items 10 through 18 as items 7 through 15.

Sec.  100.1103   [Amended]

0
8. Sec.  100.1103 amend Table 1 of Sec.  100.1103 by:
0
a. Removng item 1 (Redwood Heron Sprints Regatta), item 2 (Stockton
Asparagus Festival), item 5 (Kinetic Sculpture Race), item 6
(Sacramento Bridge-to-Bridge Water Festival), and item 7 (Humboldt Bay
Paddle Fest); and
0
b. Redesignating items 3, 4, 8 and 9 as items 1 through 4.

Sec. Sec.  100.1306 and 100.1307   [Removed]

0
9. Remove Sec. Sec.  100.1306 and 100.1307.

PART 110--ANCHORAGE REGULATIONS

0
10. The authority citation for part 110 continues to read as follows:

    Authority:  33 U.S.C. 471, 2071, 46 U.S.C. 70034; 33 CFR 1.05-1;
Department of Homeland Security Delegation No. 0170.1.

Sec. Sec.  110.65, 110.70, and 110.71a   [Removed]

0
11. Remove Sec. Sec.  110.65, 110.70, and 110.71a.

Sec. Sec.  110.128b through 110.129a   [Redesignated]

0
12. Redesignate Sec. Sec.  110.128b through 110.129a as follows:

------------------------------------------------------------------------
              Current section                   Redesignated section
------------------------------------------------------------------------
110.128b..................................  110.129.
110.128c..................................  110.129a.
110.128d..................................  110.129b.
110.129a..................................  110.129c.
------------------------------------------------------------------------

Sec.  110.232   [Removed]

0
13. Remove Sec.  110.232.

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

Sec.  165.726   [Amended]

0
15. Amend Sec.  165.726 by removing paragraph (c).

Sec.  165.756   [Amended]

0
16. Amend Sec.  165.756 by removing paragraph (f).

Sec.  165.T08-0994   [Removed]

0
17. Remove Sec.  165.T08-0994.

Sec.  165.801   [Amended]

0
18. Amend Sec.  165.801 as follows:
0
a. Remove item 1 (Go Daddy Bowl), item 3 (Billy Bowlegs Pirate
Festival), and item 5 (Fourth of July Celebration/City of Fort Walton
Beach) in Table 7; and
0
b. Redesignate items 2, 4, and 6 through 10 as items 1-7 in Table 7.

Sec.  165.809   [Removed]

0
19. Remove Sec.  165.809.

Sec.  165.815   [Amended]

0
20. In Sec.  165.815(c) remove the words ``Captain of the Port,
Louisville, Kentucky'' and add, in their place, the words ``Captain of
the Port, Ohio Valley''.

Sec.  165.820   [Amended]

0
21. Amend Sec.  165.820(b) by:
0
a. In paragraph (b)(1), removing the word ``Pittsburgh'', and adding,
in its place, the words ``MSU Pittsburgh''.
0
b. In paragraph (b)(2), removing the two occurances of the word
``Pittsburgh'', and adding, in their place, the words ``, MSU
Pittsburgh''.

Sec.  165.821  [Amended]

0
22. In Sec.  165.821(b) remove the words ``Captain of the Port,
Louisville, Kentucky'' and add, in their place, the words ``Captain of
the Port, Ohio Valley''.

0
23. Amend Sec.  165.825 by revising paragraph (b) to read as follows:

Sec.  165.825   Security Zones; Captain of the Port, Upper Mississippi.

* * * * *
    (b) Regulations. (1) Entry into these security zones is prohibited
unless authorized by the Coast Guard Captain of the Port, Upper
Mississippi or designated representative.
    (2) The Ft. Calhoun and Cooper security zones include a portion of
the navigable channel of the Missouri River. All vessels that may
safely navigate outside of the channel are prohibited from entering the
security zone without the express permission of the Captain of the
Port, Upper Mississippi or designated representative. Vessels that are
required to use the channel for safe navigation are authorized entry
into the zone but must remain within the channel unless expressly
authorized by the Captain of the Port Upper Mississippi or designated
representative.
    (3) Persons or vessels requiring the permission of the Captain of
the Port, Upper Mississippi to enter the security zones must contact
the Coast Guard Sector Upper Mississippi River at telephone number 319
524-7511 or on VHF marine channel 16 or Marine Safety Detachment Quad
Cities at telephone number<PHONE_NUMBER> or the Captain of the Port,
Upper Mississippi at telephone number<PHONE_NUMBER>, ext. 3500 in order
to seek permission to enter the security zones. If permission is
granted, all persons and vessels must comply with the instructions of
the Captain of the Port, Upper Mississippi or designated
representative.
    (4) Designated representatives are commissioned, warrant, and petty
officers of the U.S. Coast Guard.
* * * * *

Sec. Sec.  165.T09-0971, 165.T11-504, and 165.T11-630  [Removed]

0
24. Remove Sec. Sec.  165.T09-0971, 165.T11-504, and 165.T11-630.

    Dated: January 9, 2020.
M.W. Mumbach,
Chief, Office of Regulations and Administrative Law.
[FR Doc. 2020-01760 Filed 2-12-20; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 76, Number 240 (Wednesday, December 14, 2011)]
[Notices]
[Pages 77878-77881]
[FR Doc No: 2011-32034]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65914; File No. SR-CBOE-2011-114]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Proposed Rule Change Related to Complex Order
Processing in Hybrid 3.0 Classes

December 8, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on November 29, 2011, the Chicago Board Options Exchange,
Incorporated (``Exchange'' or ``CBOE'') filed with the Securities and
Exchange Commission (the ``Commission'') the proposed rule change as
described in Items I and II, which Items have been prepared by the
Exchange. The Commission is

publishing this notice to solicit comments on the proposed rule change
from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange is proposing to amend its electronic complex order
rules. The text of the rule proposal is available on the Exchange's Web
site (http://www.cboe.org/legal), at the Exchange's Office of the
Secretary and at the Commission.

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 the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    Currently, complex orders that are submitted to the electronic
complex order book (``COB'') or the complex order RFR auction process
(``COA'') automatically execute against individual orders and quotes
residing in the electronic book (``EBook'') provided the complex order
can be executed in full or in a permissible ratio, and against other
complex orders represented in COB or COA (as applicable).
    The Exchange is proposing to revise the operation of COB and COA as
it relates to options classes trading on the Hybrid 3.0 Platform, which
currently only includes options on the S&P 500 Index (option symbol
SPX). The ``Hybrid 3.0 Platform'' is an electronic trading platform on
the Hybrid Trading System \3\ that allows one or more quoters to submit
electronic quotes which represent the aggregate Market-Maker quoting
interest in a series for the trading crowd. The quotes are represented,
along with other orders, in the EBook. The function of generating the
aggregate trading crowd quote is currently performed by certain
designated Lead Market-Makers.
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    \3\ The ``Hybrid Trading System'' refers to the Exchange's
trading platform that allows Market-Makers to submit electronic
quotes in their appointed classes. See Rule 1.1(aaa).
---------------------------------------------------------------------------

    Under the proposed rule change, for each class trading on the
Hybrid 3.0 Platform, the Exchange may determine to not allow marketable
complex orders entered into COB and/or COA to automatically execute
with the individual quotes residing in the EBook.\4\ In such classes,
the allocation of such marketable complex orders against orders
residing in the EBook and other complex orders shall be based on the
best net price(s), as is currently the case under the existing rule. At
the same net price, multiple orders will be allocated subject to the
existing applicable COB or COA allocation algorithm,\5\ subject to the
following:
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    \4\ Pursuant to Rule 6.53C.01, any determination by the Exchange
to designate a class for complex order execution in this manner will
be announced to the membership via Regulatory Circular.
    \5\ For COB, at the same net price, (i) individual orders and
quotes in the EBook have first priority, provided the complex order
can be executed in full (or in a permissible ratio), with multiple
orders and quotes at the same price allocated based on the rules of
trading priority otherwise applicable to incoming electronic orders
in the individual component legs; and (ii) complex orders in COB
have second priority, with multiple complex orders at the same price
allocated based on the rules of trading priority otherwise
applicable to incoming electronic orders in the individual series
legs or such other algorithm as the Exchange may designate. For COA,
at the same net price, (i) individual orders and quotes residing in
the EBook have first priority, provided the complex order can be
executed in full (or in a permissible ratio), with multiple orders
allocated pursuant to the Ultimate Match Algorithm (``UMA'')
allocation described in Rule 6.45A or 6.45B, as applicable; (ii)
public customer complex orders resting in COB before, or that are
received during the COA auction, and public customer COA responses
collectively have second priority, with multiple orders/responses
allocated based on time priority; (iii) non-public customer orders
resting in COB before the COA auction have third priority, with
multiple orders allocated pursuant to the UMA allocation described
in Rule 6.54A or 6.45B, as applicable; and (iv) non-public customer
orders resting in COB that are received during the COA auction and
non-public customer COA responses collectively have fourth priority,
with multiple orders/responses allocated based on the capped UMA
(``CUMA'') allocation described in Rule 6.45A or 6.45B, as
applicable. See Rule 6.53C(c)(ii) and (d) and Interpretation and
Policy .09. The Exchange notes that the aforementioned electronic
allocation algorithms for COB and COA are consistent with Rule
6.45A(b)(ii) and 6.45B(b)(ii) (which relate to the allocation of
orders represented in open outcry and generally allow a Trading
Permit Holder holding a complex order to trade at the same price as
the trading crowd and public customer limit order book, provided at
least one leg of the complex order betters the corresponding bid
(offer) in the public customer limit order book by at least one
minimum trading increment (i.e., $0.10, $0.05 or $0.01, as
applicable) or a $0.01 increment, which increment will be determined
by the Exchange on a class-by-class basis).
---------------------------------------------------------------------------

    First, a complex order submitted to COB or COA, as applicable, that
is marketable against the individual orders residing in the EBook will
automatically execute against those individual orders residing in the
EBook provided the complex order can be executed in full (or in a
permissible ratio) by the orders in the EBook and provided the orders
in the EBook are priced equal to or better than the individual quotes
residing in the EBook.
    Second, complex orders that are marketable against each other will
automatically execute provided the execution is at a net price that has
priority over the individual orders and quotes residing in the EBook.
As noted above, the allocation of a complex order will otherwise be
consistent with the existing rules of trading priority otherwise
applicable to COB or COA.\6\
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    \6\ See note 5, supra.
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    Third, to the extent that a marketable complex order cannot
automatically execute when it is routed to COB or after being subject
to COA because there are individual quotes residing in the EBook that
have priority, any part of the order that may be executed will be
executed automatically and the part of the order that cannot
automatically execute will be routed on a class-by-class basis to PAR
or, at the order entry firm's discretion, to the order entry firm's
booth. If an order is not eligible to route to PAR, then the remaining
balance will be cancelled.
    Finally, fourth, to the extent that a complex order resting in COB
becomes marketable and cannot automatically execute in full (or in a
permissible ratio), the full order will be subject to COA (and the
process for COA described above). Having the system automatically
initiate a COA once such a complex order resting in COB becomes
marketable provides an opportunity for other market participants to
match or improve the net price and allows for an opportunity for an
automatic execution before a marketable complex order is routed for
manual handling to PAR or a booth.\7\ As noted above, after being

subject to COA, any part of the order that may be executed will be
executed automatically and the part of the order that cannot
automatically execute will be routed on a class-by-class basis to PAR
or, at the order entry firm's discretion, to the order entry firm's
booth. If an order is not eligible to route to PAR, then the remaining
balance will be cancelled.
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    \7\ The Exchange notes that, in these circumstances when a
resting complex order becomes marketable, COA will automatically
initiate regardless of whether a Trading Permit Holder has requested
that the complex order be COA'd pursuant to Rule 6.53C.04. In this
regard, the Exchange notes that, currently, all of its Trading
Permit Holders have elected to have their COA-eligible orders COA'd.
In addition, the Exchange notes that other markets have programs in
place that provide for the automatic auctioning of complex orders.
See, e.g., NASDAQ OMX PHLX LLC (``Phlx'') Rule 1080(e)(i)(A) which,
among other things, provides that a complex order live auction
(``COLA'') will initiate if the Phlx system receives a complex order
that improves the Phlx complex order best debit or credit price
respecting the specific complex order strategy that is the subject
of the complex order. During a COLA, Phlx market participants may
bid and offer against the COLA-eligible order pursuant to the Phlx
Rule.
---------------------------------------------------------------------------

    The following examples illustrate the operation of the proposed
system functionality:

    Example 1: Assume an incoming market complex order for 75 units
is submitted to COA, where the strategy involves the purchase of SPX
Dec 1250 calls and sale of SPX Dec 1255 calls. At the conclusion of
COA, assume the best offer in the individual SPX Dec 1250 call
series is $27.90 for a size of 50 contracts made up only of orders
resting in the EBook, and the next best offer is $28.20 for 100
contracts made up only of Lead Market-Maker quotes. Also assume the
best bid in the individual SPX Dec 1255 call series is $22.90 with a
size of 50 contracts made up only of orders resting in the EBook,
and the next best bid is $22.50 made up only of Lead Market-Maker
quotes. The best derived net leg market price would therefore be
$5.00 ($27.90-$22.90). Also assume that there is a COA response for
10 units at a net price of $4.90. The incoming market order to
purchase 75 units of the call/put strategy would receive a partial
execution of 60 units: 10 units would execute at a net debit price
of $4.90 against the COA response (which has priority over the
individual orders net priced at $5.00), and 50 units at a net debit
price of $5.00 against the orders resting in each of the individual
series legs (the execution is in a permissible ratio and the orders
in the EBook are priced equal to or better than the individual
quotes residing in the EBook). Because the remaining 15 units are
only marketable against the quotes in the individual series legs at
a net price of $5.70 ($28.20-$22.50), the 15 units would be routed
to PAR or, at the order entry firm's discretion, to the order entry
firm's booth, for manual handling. If the order would otherwise
route to PAR but is not eligible to route to PAR, then the remaining
15 units will be cancelled.

    Example 2: Assume a complex order for 75 units with a net debit
price of $5.00 is resting in COB, where the strategy involves the
purchase of SPX Dec 1250 calls and sale of SPX Dec 1255 calls. By
virtue of the fact that it is resting the COB, the complex order is
not marketable--meaning there are no orders or quotes within the
derived net leg market price or other complex orders within COB
against which the resting complex order may trade. Assume there are
no other complex orders representing in the COB for the strategy and
also assume the best offer in the individual SPX Dec 1250 call
series is $27.90, with a size of 100 contracts (50 contracts are
orders and 50 contracts represent the Lead Market-Maker quote) and
the best bid in the individual SPX Dec 1255 call series is $22.75,
with a size of 100 contracts (50 contracts are orders and 50
contracts represent the Lead Market-Maker quote). The best derived
net leg market price would therefore be $5.15 ($27.90-$22.75). If
the Lead Market-Maker bid in the SPX Dec 1255 call series is
thereafter updated to $22.90 (with a size of 100 contracts), the
derived net leg market price would become $5.00 ($27.90-$22.90) and
the full size of the resting complex order will become marketable
but cannot automatically execute. As a result, the full size (75
units) of the resting complex order would be subject to COA. At the
conclusion of COA, any part of the complex order that may be
executed against orders in the EBook and other complex orders will
be automatically executed. Any part of the order that is marketable
and cannot automatically execute (because of Lead Market-Maker
quotes in an individual series leg(s)) will be routed on a class-by-
class basis to PAR or, at the order entry firm's discretion, to the
order entry firm's booth. If an order is not eligible to route to
PAR, then the remaining balance will be cancelled. To the extent any
part of the complex order is not marketable, it will continue
resting in COB.

    Over time, the Exchange has introduced various enhancements to the
operation of COB and COA, which enhancements the Exchange believes are
generally designed to make the processes operate more efficiently and
effectively, as well as to avoid executions at extreme and potentially
erroneous prices. The Exchange believes the instant proposed rule
change is another example of such an enhancement. The Exchange believes
the proposed system functionality will permit more efficient and
effective execution of complex orders in our electronic trading
environment. In addition, the Exchange believes the change will assist
in preventing complex orders from automatically executing against the
individual quotes residing in the individual series legs at potentially
erroneous prices, particularly when there are momentary or inadvertent
discrepancies that occur between the pricing of an individual series
leg that is a component of a complex order strategy. The Exchange
recognizes that Market-Makers could encounter difficulties maintaining
quotations in the individual series legs if the quotes are allowed to
execute against complex orders in COB or COA. In particular, Market-
Maker pricing systems automatically update the price of a Market-
Maker's quotations when there is a move in the price of the underlying
stock, index, component securities or related futures. When such a
change occurs, a Market-Maker will need to send updates for its quotes
all [sic] the individual series legs it is quoting in each of the
Market-Maker's appointed classes. In the SPX options class alone this
can include thousands of series, and when considering all series across
a Market-Makers [sic] various appointed classes, this can include
millions of series. Accordingly, it is possible that the Market-Maker
could unintentionally trade with another Market-Maker or market
participant via COB or COA before a quote update(s) in the individual
series leg is processed.\8\ The result is executions at price(s) that
were not intended and, at times, that may also be at extreme or
potentially erroneous prices.
---------------------------------------------------------------------------

    \8\ Indeed, the Exchange has long recognized the need to
ameliorate small timing differences in processing Market-Maker
quotations updates by delaying Market-Maker quotations from
executing against each other for up to one second. See, e.g.,
Exchange Rule 6.45B(d).
---------------------------------------------------------------------------

    The proposed rule change is designed to protect the Lead Market-
Maker that generate [sic] quotes in SPX, as well as other Market-Makers
and other market participants that may trade against these quotes with
complex orders at extreme or potentially erroneous prices. The Exchange
believes the proposed system functionality is fair and reasonable with
respect to classes trading on the Hybrid 3.0 Platform in particular,
where the quotes represent the aggregate Market-Maker quoting interest
in a series for the trading crowd but the responsibility for generating
the quotes and satisfying trades against those quotes in relation to
executions occurring through COB or COA rests with the designated Lead
Market-Maker(s) that generates the quote. The functionality will
mitigate the risk borne only by the Lead Market-Makers that a complex
order may execute against a quote in an individual series leg at an
extreme or potentially erroneous price. The Exchange believes that the
proposed system functionality is a reasonable limitation on Hybrid 3.0
Market-Maker quotations that will appropriately address an operational
issue that would discourage Market-Makers, particularly Lead Market-
Makers, from offering additional liquidity in the individual series
legs. It also will prevent other Market-Makers and other market
participants from receiving executions at extreme or potentially
erroneous prices.\9\
---------------------------------------------------------------------------

    \9\ The Exchange has determined to limit the application of this
proposed rule change to Hybrid 3.0 classes. In the future, the
Exchange may determine to expand the alternate process of not
permitting complex orders to trade against Market-Maker quotes to
other option classes. Any such expansion would be the subject of a
separate rule change filing.
---------------------------------------------------------------------------

2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the Act
\10\ in general and furthers the objectives of

Section 6(b)(5) of the Act \11\ in particular in that it should promote
just and equitable principles of trade, serve to remove impediments to
and perfect the mechanism of a free and open market and a national
market system, and protect investors and the public interest. The
Exchange believes that the proposed rule change will facilitate the
orderly execution of complex orders in our Hybrid 3.0 electronic
trading environment.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    CBOE does not believe that the proposed rule change will impose any
burden on competition 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

    The Exchange neither solicited nor received comments on the
proposal.

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

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-CBOE-2011-114 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-CBOE-2011-114. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for 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 such filing also will be available for
inspection and copying at the principal office of CBOE. 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-CBOE-2011-114 and should be
submitted on or before January 4, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

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

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2011-32034 Filed 12-13-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 81 (Friday, April 26, 2019)]
[Notices]
[Pages 17899-17901]
[FR Doc No: 2019-08468]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 33450; 812-14995]

M-CAM International LLC, et al.

April 23, 2019.
AGENCY:  Securities and Exchange Commission (``Commission'').

ACTION:  Notice.

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

    Notice of an application for an order under section 6(c) of the
Investment Company Act of 1940 (the ``Act'') for an exemption from
sections 2(a)(32), 5(a)(1), 22(d), and 22(e) of the Act and rule 22c-1
under the Act, under sections 6(c) and 17(b) of the Act for an
exemption from sections 17(a)(1) and 17(a)(2) of the Act, and under
section 12(d)(1)(J) for an exemption from sections 12(d)(1)(A) and
12(d)(1)(B) of the Act. The requested order would permit (a) index-
based series of certain open-end management investment companies
(``Funds'') to issue shares redeemable in large aggregations only
(``Creation Units''); (b) secondary market transactions in Fund shares
to occur at negotiated market prices rather than at net asset value
(``NAV''); (c) certain Funds to pay redemption proceeds, under certain
circumstances, more than seven days after the tender of shares for
redemption; (d) certain affiliated persons of a Fund to deposit
securities into, and receive securities from, the Fund in connection
with the purchase and redemption of Creation Units; and (e) certain
registered management investment companies and unit investment trusts
outside of the same group of investment companies as the Funds (``Funds
of Funds'') to acquire shares of the Funds.

Applicants:  M-CAM International LLC (the ``Initial Adviser''), a
Virginia limited liability company that is registered as an investment
adviser under the Investment Advisers Act of 1940, Listed Funds Trust
(the ``Trust''), a Delaware statutory trust registered under the Act as
an open-end management investment company with multiple series, and
Quasar Distributors, LLC, (the ``Initial Distributor''), a Delaware
limited liability company and broker-dealer registered under the
Securities Exchange Act of 1934 (``Exchange Act'').

Filing Dates:  The application was filed on January 3, 2019, and
amended on April 1, 2019.

Hearing or Notification of Hearing:  An order granting the requested
relief will be issued unless the Commission orders a hearing.
Interested persons may request a hearing by writing to the Commission's
Secretary and serving applicants with a copy of the request, personally
or by mail. Hearing requests should be received by the Commission by
5:30 p.m. on May 20, 2019, and should be accompanied by proof of
service on applicants, in the form of an affidavit, or for lawyers, a
certificate of service. Pursuant to rule 0-5 under the Act, hearing
requests should state the nature of the writer's interest, any facts
bearing upon the desirability of a hearing on the matter, the reason
for the request, and the issues contested. Persons who wish to be
notified of a hearing may request notification by writing to the
Commission's Secretary.

ADDRESSES:  Secretary, Securities and Exchange Commission, 100 F Street
NE, Washington, DC 20549-1090; Applicants: M-CAM International LLC, 210
Ridge McIntire Road, Suite #300, Charlottesville, VA 22903; Listed
Funds Trust, c/o U.S. Bancorp Fund Services, LLC, 615 East Michigan
Street, Milwaukee, Wisconsin 53202; and Quasar Distributors, LLC, 777
East Wisconsin Avenue, 6th Floor, Milwaukee, Wisconsin 53202.

FOR FURTHER INFORMATION CONTACT:  Hae-Sung Lee, Senior Counsel, at
(202) 551-7345, or Trace W. Rakestraw, Branch Chief, at<PHONE_NUMBER>
(Division of Investment Management, Chief Counsel's Office).

SUPPLEMENTARY INFORMATION:  The following is a summary of the
application. The complete application may be obtained via the
Commission's website by searching for the file number, or for an
applicant using the Company name box, at http://www.sec.gov/search/search.htm or by calling<PHONE_NUMBER>.

Summary of the Application

    1. Applicants request an order that would allow Funds to operate as
index exchange traded funds (``ETFs'').\1\ Fund shares will be
purchased and redeemed at their NAV in Creation Units only. All orders
to purchase Creation Units and all redemption requests will be placed
by or through an ``Authorized Participant,'' which will have signed a
participant agreement with the Distributor. Shares will be listed and
traded individually on a national securities exchange, where share
prices will be based on the current bid/offer market. Any order
granting the requested relief would be subject to the terms and
conditions stated in the application.
---------------------------------------------------------------------------

    \1\ Applicants request that the order apply to the new series of
the Trust and any additional series of the Trust and any other open-
end management investment company or series thereof (each, included
in the term ``Fund''), each of which will operate as an ETF and will
track a specified index comprised of domestic and/or foreign equity
securities and/or domestic and/or foreign fixed income securities
(each, an ``Underlying Index''). Each Fund will (a) be advised by
the Initial Adviser or an entity controlling, controlled by, or
under common control with the Initial Adviser (each such entity and
any successor thereto, an ``Adviser'') and (b) comply with the terms
and conditions of the application. For purposes of the requested
order, the term ``successor'' is limited to an entity or entities
that result from a reorganization into another jurisdiction or a
change in the type of business organization.
---------------------------------------------------------------------------

    2. Each Fund will hold investment positions selected to correspond
generally to the performance of an Underlying Index. In the case of
Self-Indexing Funds, an affiliated person, as defined in section
2(a)(3) of the Act (``Affiliated Person''), or an affiliated person of
an Affiliated Person (``Second-Tier Affiliate''), of the Trust or a
Fund, of the Adviser, of any sub-adviser to or promoter of a Fund, or
of the Distributor will compile, create, sponsor or maintain the
Underlying Index.\2\
---------------------------------------------------------------------------

    \2\ Each Self-Indexing Fund will post on its website the
identities and quantities of the investment positions that will form
the basis for the Fund's calculation of its NAV at the end of the
day. Applicants believe that requiring Self-Indexing Funds to
maintain full portfolio transparency will help address, together
with other protections, conflicts of interest with respect to such
Funds.
---------------------------------------------------------------------------

    3. Shares will be purchased and redeemed in Creation Units and
generally on an in-kind basis. Except where the purchase or redemption
will include cash under the limited circumstances specified in the
application, purchasers will be required to purchase Creation Units by
depositing specified instruments (``Deposit Instruments''), and
shareholders redeeming their shares will receive specified instruments
(``Redemption Instruments''). The Deposit Instruments and the
Redemption Instruments will each correspond pro rata to the positions
in the Fund's portfolio (including cash positions) except as specified
in the application.
    4. Because shares will not be individually redeemable, applicants
request an exemption from section 5(a)(1) and section 2(a)(32) of the
Act that would permit the Funds to register as open-end management
investment companies and issue shares that are redeemable in Creation
Units only.
    5. Applicants also request an exemption from section 22(d) of the
Act and rule 22c-1 under the Act as secondary market trading in shares
will take place at negotiated prices, not at a current offering price
described in a Fund's prospectus, and not at a price based on NAV.
Applicants state that (a) secondary market trading in shares does not
involve a Fund as a party and will not result in dilution of an
investment in shares, and (b) to the extent different prices exist
during a given trading day, or from day to day, such variances occur as
a result of third-party market forces, such as supply and demand.
Therefore, applicants assert that secondary market transactions in
shares will not lead to discrimination or preferential treatment among
purchasers. Finally, applicants represent that share market prices will
be disciplined by arbitrage opportunities, which should prevent shares
from trading at a material discount or premium from NAV.
    6. With respect to Funds that effect creations and redemptions of
Creation Units in kind and that are based on certain Underlying Indexes
that include foreign securities, applicants request relief from the
requirement imposed by section 22(e) in order to allow such Funds to
pay redemption proceeds within fifteen calendar days following the
tender of Creation Units for redemption. Applicants assert that the
requested relief would not be inconsistent with the spirit and intent
of section 22(e) to prevent unreasonable, undisclosed or unforeseen
delays in the actual payment of redemption proceeds.
    7. Applicants request an exemption to permit Funds of Funds to
acquire Fund shares beyond the limits of section 12(d)(1)(A) of the
Act; and the Funds, and any principal underwriter for the Funds, and/or
any broker or dealer registered under the Exchange Act, to sell shares
to Funds of Funds beyond the limits of section 12(d)(1)(B) of the Act.
The application's terms and conditions are designed to, among other
things, help prevent any potential (i) undue influence over a Fund
through control or voting power, or in

connection with certain services, transactions, and underwritings, (ii)
excessive layering of fees, and (iii) overly complex fund structures,
which are the concerns underlying the limits in sections 12(d)(1)(A)
and (B) of the Act.
    8. Applicants request an exemption from sections 17(a)(1) and
17(a)(2) of the Act to permit persons that are Affiliated Persons, or
Second-Tier Affiliates, of the Funds, solely by virtue of certain
ownership interests, to effectuate purchases and redemptions in-kind.
The deposit procedures for in-kind purchases of Creation Units and the
redemption procedures for in-kind redemptions of Creation Units will be
the same for all purchases and redemptions, and Deposit Instruments and
Redemption Instruments will be valued in the same manner as those
investment positions currently held by the Funds. Applicants also seek
relief from the prohibitions on affiliated transactions in section
17(a) to permit a Fund to sell its shares to and redeem its shares from
a Fund of Funds, and to engage in the accompanying in-kind transactions
with the Fund of Funds.\3\ The purchase of Creation Units by a Fund of
Funds directly from a Fund will be accomplished in accordance with the
policies of the Fund of Funds and will be based on the NAVs of the
Funds.
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    \3\ The requested relief would apply to direct sales of shares
in Creation Units by a Fund to a Fund of Funds and redemptions of
those shares. Applicants are not seeking relief from section 17(a)
for, and the requested relief will not apply to, transactions where
a Fund could be deemed an Affiliated Person, or a Second-Tier
Affiliate, of a Fund of Funds because an Adviser or an entity
controlling, controlled by or under common control with an Adviser
provides investment advisory services to that Fund of Funds.
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    9. Section 6(c) of the Act permits the Commission to exempt any
persons or transactions from any provision of the Act if such exemption
is necessary or appropriate in the public interest and consistent with
the protection of investors and the purposes fairly intended by the
policy and provisions of the Act. Section 12(d)(1)(J) of the Act
provides that the Commission may exempt any person, security, or
transaction, or any class or classes of persons, securities, or
transactions, from any provision of section 12(d)(1) if the exemption
is consistent with the public interest and the protection of investors.
Section 17(b) of the Act authorizes the Commission to grant an order
permitting a transaction otherwise prohibited by section 17(a) if it
finds that (a) the terms of the proposed transaction are fair and
reasonable and do not involve overreaching on the part of any person
concerned; (b) the proposed transaction is consistent with the policies
of each registered investment company involved; and (c) the proposed
transaction is consistent with the general purposes of the Act.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-08468 Filed 4-25-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 55 (Tuesday, March 22, 2022)]
[Notices]
[Page 16277]
[FR Doc No: 2022-06095]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meetings

TIME AND DATE:  2:00 p.m. on Thursday, March 24, 2022.

PLACE: The meeting will be held via remote means and/or at the
Commission's headquarters, 100 F Street NE, Washington, DC 20549.

STATUS: This meeting will be closed to the public.

MATTERS TO BE CONSIDERED: Commissioners, Counsel to the Commissioners,
the Secretary to the Commission, and recording secretaries will attend
the closed meeting. Certain staff members who have an interest in the
matters also may be present.
    In the event that the time, date, or location of this meeting
changes, an announcement of the change, along with the new time, date,
and/or place of the meeting will be posted on the Commission's website
at https://www.sec.gov.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B) and (10) and 17 CFR
200.402(a)(3), (a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and (a)(10),
permit consideration of the scheduled matters at the closed meeting.
    The subject matter of the closed meeting will consist of the
following topics:
    Institution and settlement of injunctive actions;
    Institution and settlement of administrative proceedings;
    Resolution of litigation claims; and
    Other matters relating to examinations and enforcement proceedings.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting agenda items that may consist of
adjudicatory, examination, litigation, or regulatory matters.

CONTACT PERSON FOR MORE INFORMATION: For further information; please
contact Vanessa A. Countryman from the Office of the Secretary at (202)
551-5400.

(Authority: 5 U.S.C. 552b.)

    Dated: March 17, 2022.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2022-06095 Filed 3-18-22; 11:15 am]
BILLING CODE 8011-01-P