[Federal Register Volume 86, Number 242 (Tuesday, December 21, 2021)]
[Proposed Rules]
[Pages 72198-72200]
[FR Doc No: 2021-27509]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-1005; Project Identifier MCAI-2020-00709-A]
RIN 2120-AA64

Airworthiness Directives; Viking Air Limited (Type Certificate
Previously Held by Bombardier Inc.) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for Viking Air Limited (type certificate previously held by Bombardier
Inc.) Model DHC-3 airplanes with a certain wing strut assembly
installed. This proposed AD results from mandatory continuing
airworthiness information (MCAI) originated by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI identifies the unsafe condition as fatigue
damage of the wing struts. This proposed AD would require a bolt hole
eddy current inspection of the lug plate holes, a visual and
fluorescent dye penetrant inspection of the lug fittings, and a visual
and eddy current surface scan inspection of the wing strut assemblies.
This unsafe condition could lead to failure of the wing strut, which
could result in an in-flight breakup of the wing. The FAA is proposing
this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by February 4,
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 https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12 140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Viking Air
Ltd., 1959 de Havilland Way, Sidney British Columbia, Canada V8L 5V5;
phone:<PHONE_NUMBER>; email: [email protected];
website: https://www.vikingair.com. You may view this service
information at the FAA, Airworthiness Products Section, Operational
Safety Branch, 901 Locust, Kansas City, MO 64106. For information on
the availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2020-1005; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this NPRM, the MCAI,
any comments received, and other information. The street address for
Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Deep Gaurav, Aviation Safety Engineer,
New York ACO Branch, FAA, 1515 Stewart Avenue, Westbury, NY 11590;
phone:<PHONE_NUMBER>; fax:<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-2020-1005; Project Identifier
MCAI-2020-00709-A'' 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
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this NPRM.

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 NPRM 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 NPRM, 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 NPRM. Submissions containing CBI should be sent to Deep
Gaurav, Aviation Safety Engineer, New York ACO Branch, FAA, 1515
Stewart Avenue, Westbury, NY 11590. Any commentary that the FAA
receives which is not specifically designated as CBI will be placed in
the public docket for this rulemaking

Background

    Transport Canada, which is the aviation authority for Canada, has
issued Transport Canada AD CF-2020-20, dated May 27, 2020 (referred to
after this as ``the MCAI''), to address an unsafe condition on Viking
Air Limited (formerly Bombardier Inc.) Model DHC-3 airplanes. The MCAI
states:

    A DHC-3 experienced an in-flight failure of a wing strut in
October 2019. Inspection

of the failed part determined that it had fractured and that the
fracture was consistent with fatigue damage. The investigation of
the occurrence is ongoing.
    In 1969, it was determined from fatigue testing and analysis
that part number (P/N) C3W100 wing strut assemblies on DHC-3 that
were used for normal operations at a maximum weight of 8000 pounds
should be removed from service before they have accumulated more
than 20 000 hours air time. This information, including definitions
of normal operations, was published in Service Bulletin 3/10 dated
26 August 1969. It was also published at the same time in Appendix 4
Part 6, Structural Component Recommended Service Life Limits, of the
DHC-3 Maintenance Manual PSM 1-3-2.
    It is Transport Canada Civil Aviation (TCCA) policy to mandate
compliance with new or more restrictive airworthiness limitations
(AWLs) by the issuance of an AD if the AWL is established after
products that are affected by the AWL are already in service. To
date, TCCA has not mandated compliance with the 20 000 hours air
time life limit AWL that is applicable to P/N C3W100 wing strut
assemblies. This AD includes a requirement to comply with the life
limit.
    Some DHC-3 aeroplanes have been modified to permit operations at
maximum weights above 8000 pounds. For example, TCCA Supplemental
Type Certificate (STC) SA95-32 increases the maximum operating
weight to 8367 pounds. This STC includes a requirement to reduce the
life limit that is applicable to P/N C3W100 wing strut assembly from
20 000 hours air time to 17 500 hours air time, adjusted for the
amount of time that the wing strut assembly is used at the higher
maximum operating weight. Because this reduced life limit has been
in place since the initial issue of STC SA95-32 in 1995, TCCA
considers compliance to be mandatory for all aeroplanes that have
been modified in accordance with the STC.
    In November 2019, Viking Air Ltd. (Viking) issued Alert Service
Bulletin (ASB) V3/0011. The ASB provides instructions for a one-time
inspection and follow-on corrective actions for all dash numbers of
wing strut assembly P/N C3W100. Since that time, several operators
have reported the results of the inspection to Viking. The
information in the operators' reports suggests that other DHC-3 wing
struts may be at risk of failure. The inspection of the wing struts
on five aeroplanes revealed crack indications during non-destructive
inspection of bolt holes, seized bolts, pitting corrosion and
fretting on the face of lug plates, scratches and gouges in the bolt
hole of a lug plate. Failure of a wing strut could result in a
catastrophic in-flight breakup of the wing.
    This [Transport Canada] AD mandates the accomplishment of ASB
V3/0011 or alternative inspection instructions provided by Viking on
wing struts that have accumulated more than 2500 hours air time as
of the effective date of this AD. New or serviceable struts
installed on aeroplanes after the effective date of this AD that
accumulate more than 2500 hours air time after the effective date of
this AD are not subject to this AD or to the ASB V3/0011
inspections.

    You may examine the MCAI in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
1005.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Viking DHC-3 Otter Alert Service Bulletin No. V3/
0011, Revision NC, dated November 26, 2019. The service information
contains procedures for a bolt hole eddy current inspection of the lug
hole on the lug plate part number (P/N) C3W104, a visual and
fluorescent dye penetrant inspection of the lug fitting P/Ns C3W102 and
C3W103, and a visual and eddy current surface scan inspection of the
wing strut assembly P/N C3W101. This service information is reasonably
available because the interested parties have access to it through
their normal course of business or by the means identified in the
ADDRESSES section.

FAA's Determination

    This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI and
service information referenced above. The FAA is issuing this NPRM
after determining the unsafe condition described previously is likely
to exist or develop on other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified
in the service information already described.

Differences Between This Proposed AD and the MCAI

    The MCAI allows an alternative inspection, obtained from the design
approval holder, if completed within 5 months. This proposed AD does
not include this alternative; however, operators who choose this option
may propose an alternative method of compliance in accordance with
paragraph (h) of the proposed AD.

Interim Action

    The FAA considers this proposed AD interim action. The inspection
reports that would be required by this AD will be used by Viking and
Transport Canada to determine if there is a need for further action. If
additional action is later identified, the FAA might consider further
rulemaking.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 39 airplanes of U.S. registry. The FAA also estimates that it
would take about 32 work-hours per airplane to comply with the
inspection and repair or replacement requirements of this proposed AD.
The proposed reporting requirement would take about 1 work-hour. The
average labor rate is $85 per work-hour. Required parts would cost
about $31,415 per airplane.
    Based on these figures, the FAA estimates the cost of the proposed
AD on U.S. operators would be $1,334,580 or $34,220 per airplane.
    The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some of the costs of this
proposed AD may be covered under warranty, thereby reducing the cost
impact on affected operators.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to a penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a current valid OMB Control Number. The OMB
Control Number for this information collection is 2120-0056. Public
reporting for this collection of information is estimated to take
approximately 1 hour per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Send comments regarding this burden estimate
or any other aspect of this collection of information, including
suggestions for reducing this burden, to: Information Collection
Clearance Officer, Federal Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177-1524.

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 adding the following new airworthiness
directive:

Viking Air Limited (Type Certificate Previously Held by Bombardier
Inc.): Docket No. FAA-2020-1005; Project Identifier MCAI-2020-00709-
A.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by February 4, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Viking Air Limited (type certificate
previously held by Bombardier Inc.) Model DHC-3 airplanes, all
serial numbers, certificated in any category, with a wing strut
assembly part number (P/N) C3W100 (all dash numbers) installed.

(d) Subject

    Joint Aircraft System Component (JASC) Code 5700, Wing
Structure.

(e) Unsafe Condition

    This AD was prompted by mandatory continuing airworthiness
information (MCAI) originated by an aviation authority of another
country to identify and correct an unsafe condition on an aviation
product. The MCAI identifies the unsafe condition as fatigue damage
of the wing struts. The FAA is issuing this AD to prevent failure of
a wing strut. The unsafe condition, if not addressed, could result
in an in-flight breakup of the wing.

(f) Compliance

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

(g) Required Actions

    (1) For airplanes that have not been modified with Supplemental
Type Certificate (STC) SA00438NY: Before each wing strut assembly P/
N C3W100 accumulates 20,000 hours total time-in-service (TIS) or
within 30 days after the effective date of this AD, whichever occurs
later, remove the wing strut assembly P/N C3W100 from service and
replace with a new (zero hours TIS) part. Thereafter, remove each
wing strut assembly P/N C3W100 from service and replace with a new
(zero hours TIS) part before accumulating 20,000 hours total TIS.
    (2) For airplanes with a wing strut assembly P/N C3W100 with
more than 2,500 hours total TIS on the effective date of this AD,
regardless of whether the airplane has been modified with STC
SA00438NY: Within 30 days after the effective date of this AD,
inspect the wing strut assembly and attachment hardware for cracks,
corrosion, and damage in accordance with the Accomplishment
Instructions in Viking DHC-3 Otter Alert Service Bulletin No. V3/
0011, Revision NC, dated November 26, 2019, except you are not
required to contact Viking.
    (3) For all affected airplanes: Within 30 days after completing
the inspection required by paragraph (g)(2) of this AD or within 30
days after the effective date of this AD, whichever occurs later,
report the results of the inspection to Viking using the inspection
reply form in Viking DHC-3 Otter Alert Service Bulletin No. V3/0011,
Revision NC, dated November 26, 2019.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, New York ACO 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 manager of
the certification office, send it to the attention of the person
identified in paragraph (i)(1) of this AD.
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(i) Related Information

    (1) For more information about this AD, contact Deep Gaurav,
Aviation Safety Engineer, New York ACO Branch, FAA, 1515 Stewart
Avenue, Westbury, NY 11590; phone:<PHONE_NUMBER>; fax: (516) 794-
5331; email: [email protected].
    (2) Refer to MCAI Transport Canada AD CF-2020-20, dated May 27,
2020, for related information. You may examine the Transport Canada
AD in the AD docket at https://www.regulations.gov by searching for
and locating Docket No. FAA-2020-1005.
    (3) For service information identified in this AD, contact
Viking Air Ltd., 1959 de Havilland Way, Sidney British Columbia,
Canada V8L 5V5; phone:<PHONE_NUMBER>; email:
[email protected]; website: https://www.vikingair.com. You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 901
Locust, Kansas City, MO 64106. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.

    Issued on December 15, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-27509 Filed 12-20-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: September 19, 2008 (Volume 73, Number 183)]
[Notices]
[Page 54439]
[DOCID:fr19se08-104]

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SECURITIES AND EXCHANGE COMMISSION

Submission for OMB Review; Comment Request

Upon Written Request, Copies Available From: U.S. Securities and
Exchange Commission, Office of Investor Education and Advocacy,
Washington, DC 20549-0213

Extension:
    Rule 17a-19; OMB Control No. 3235-0133; SEC File No. 270-148.
    Form X-17A-19

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.) the Securities and Exchange Commission
(``Commission'') has submitted to the Office of Management and Budget a
request for approval of extension of the existing collection of
information provided for in the following rule: Rule 17a-19 (17 CFR
240.17a-19) and Form X-17A-19 (17 CFR 249.635) under the Securities
Exchange Act of 1934 (15 U.S.C. 78a et seq.) (``Exchange Act'').
    Rule 17a-19 requires every national securities exchange and
registered national securities association to file a Form X-17A-19 with
the Commission within 5 business days of the initiation, suspension, or
termination of any member, and when terminating the membership interest
of any member, to notify that member of its obligation to file
financial reports as required by Exchange Act Rule 17a-5(b) (17 CFR
240.17a-5).
    The Commission uses the information contained in Form X-17A-19 to
assign the appropriate self-regulatory organization to be the
designated examining authority for the member firm. This information is
also used by the Securities Investor Protection Corporation (``SIPC'')
in determining which self-regulatory body is the collection agent for
the SIPC fund.
    The information requested by Form X-17A-19 is obtained from the
respondent's membership files. The Commission staff estimates that, in
its experience, Form X-17A-19 can be completed and signed within 15
minutes. The number of responses per year per respondent varies,
depending on the number of membership changes reported. The number of
filings is approximately 600 per year. The aggregate time spent by all
respondents per year in complying with the rule is therefore
approximately 150 hours (600 responses times 1/4 hour equals 150
hours).
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid control number.
    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 e-mail to: Kimberly_
<EMAIL_ADDRESS>and (ii) Lewis W. Walker, Acting Director/Chief
Information Officer, Securities and Exchange Commission, c/o Shirley
Martinson, 6432 General Green Way, Alexandria, VA 22312 or send an e-
mail to<EMAIL_ADDRESS>Comments must be submitted within 30 days
of this notice.

     September 10, 2008.
Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-21765 Filed 9-18-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 83, Number 132 (Tuesday, July 10, 2018)]
[Notices]
[Pages 31965-31967]
[FR Doc No: 2018-14710]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #2

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER10-1529-004.
    Applicants: Northern Iowa Windpower, LLC.
    Description: Triennial Report of Northern Iowa Windpower, LLC.
    Filed Date: 7/2/18.
    Accession Number: 20180702-5298.
    Comments Due: 5 p.m. ET 8/31/18
    Docket Numbers: ER10-1836-010; ER10-1841-010; ER10-1843-010; ER10-
1844-010; ER10-1845-010; ER10-1852-019; ER10-1897-010; ER10-1905-010;
ER10-1907-009; ER10-1918-010; ER10-1925-010; ER10-1927-010; ER10-1950-
010; ER10-1964-010; ER10-1965-010; ER10-1970-010; ER10-1972-010; ER10-
1983-010; ER10-1984-010; ER10-1991-011; ER10-2005-010; ER10-2006-011;
ER10-2078-011; ER10-2551-008; ER11-26-010; ER11-4462-028; ER12-1660-
010; ER13-2458-005; ER13-2461-005; ER16-1872-001; ER16-2506-002; ER17-
2270-002; ER17-838-003.
    Applicants: Ashtabula Wind, LLC, Ashtabula Wind II, LLC, Ashtabula
Wind III, LLC, Baldwin Wind, LLC, Butler Ridge Wind Energy Center, LLC,
Crystal Lake Wind, LLC, Crystal Lake Wind II, LLC, Crystal Lake Wind
III, LLC, Florida Power & Light Company, FPL Energy Hancock County
Wind, LLC, FPL Energy Mower County, LLC, FPL Energy North Dakota Wind,
LLC, FPL Energy North Dakota Wind II, LLC, FPL Energy Oliver Wind I,
LLC, FPL Energy Oliver Wind II, LLC, Garden Wind, LLC, Hawkeye Power
Partners, LLC, Lake Benton Power Partners II, LLC, Langdon Wind, LLC,
Marshall Solar, LLC, NextEra Energy Duane Arnold, LLC, NextEra Energy
Point Beach, LLC, NextEra Energy Marketing, LLC, NEPM II, LLC, Oliver
Wind III, LLC, Osceola Windpower, LLC, Osceola Windpower II, LLC,
Pheasant Run Wind, LLC, Story Wind, LLC, Stuttgart Solar, LLC, Tuscola
Bay Wind, LLC, Tuscola Wind II, LLC, White Oak Energy LLC.
    Description: Central Region Triennial Market Power Update of the
NextEra Companies.
    Filed Date: 7/2/18.
    Accession Number: 20180702-5297.
    Comments Due: 5 p.m. ET 8/31/18.

    Docket Numbers: ER10-2042-027;ER10-1862-021; ER10-1863-005; ER10-
1893-021; ER10-1933-004; ER10-1934-021; ER10-1938-022; ER10-1942-019;
ER10-1945-007; ER10-2985-025; ER10-3049-026; ER10-3051-026; ER11-4369-
006; ER16-2218-006; ER17-696-007.
    Applicants: Calpine Energy Services, L.P., Auburndale Peaker Energy
Center, LLC, Calpine Construction Finance Company, L.P., Calpine Energy
Solutions, LLC, Calpine Power America--CA, LLC, CES Marketing IX, LLC,
CES Marketing X, LLC, Champion Energy, LLC, Champion Energy Marketing
LLC, Champion Energy Services, LLC, North American Power and Gas, LLC,
North American Power Business, LLC, Pine Bluff Energy, LLC, Power
Contract Financing, L.L.C., RockGen Energy, LLC.
    Description: Updated Market Power Analysis of the Calpine Central
MBR Sellers.
    Filed Date: 7/2/18.
    Accession Number: 20180702-5292.
    Comments Due: 5 p.m. ET 8/31/18.

    Docket Numbers: ER10-2822-013; ER12-2076-006; ER12-2077-006; ER12-
2078-006; ER12-2081-006; ER12-2083-006; ER12-2084-006; ER12-2086-006;
ER12-2097-006; ER12-2101-006; ER12-2102-007; ER12-2106-006; ER12-2107-
006; ER12-2108-006; ER12-2109-006; ER16-1250 005.
    Applicants: Atlantic Renewable Projects II LLC, Avangrid
Renewables, LLC, Barton Windpower LLC, Buffalo Ridge I LLC, Buffalo
Ridge II LLC, Elm

Creek Wind, LLC, Elm Creek Wind II LLC, Farmers City Wind, LLC, Flying
Cloud Power Partners, LLC, MinnDakota Wind LLC, Moraine Wind LLC,
Moraine Wind II LLC, New Harvest Wind Project LLC, Northern Iowa
Windpower II LLC, Rugby Wind LLC, Trimont Wind I LLC.
    Description: Updated Market Power Analysis of the Avangrid Central
MBR Sellers.
    Filed Date: 7/2/18.
    Accession Number: 20180702-5296.
    Comments Due: 5 p.m. ET 8/31/18.

    Docket Numbers: ER17-194-002.
    Applicants: Hartree Partners, LP.
    Description: Notice of Non-Material Change in Status of Hartree
Partners, LP.
    Filed Date: 7/2/18.
    Accession Number: 20180702-5291.
    Comments Due: 5 p.m. ET 7/23/18.

    Docket Numbers: ER12-1179-026.
    Applicants: Southwest Power Pool, Inc.
    Description: Compliance filing: Order No. 745 Compliance Filing in
Response to June 2018 Order to be effective 6/5/2018.
    Filed Date: 7/3/18.
    Accession Number: 20180703-5090.
    Comments Due: 5 p.m. ET 7/24/18.

    Docket Numbers: ER18-1943-000.
    Applicants: Georgia Power Company.
    Description: Sec.  205(d) Rate Filing: Transition Services
Agreement Filing to be effective 12/31/9998.
    Filed Date: 7/3/18.
    Accession Number: 20180703-5062.
    Comments Due: 5 p.m. ET 7/24/18.

    Docket Numbers: ER18-1944-000.
    Applicants: Mississippi Power Company.
    Description: Sec.  205(d) Rate Filing: Transition Services
Agreement Filing to be effective 12/31/9998.
    Filed Date: 7/3/18.
    Accession Number: 20180703-5066.
    Comments Due: 5 p.m. ET 7/24/18.

    Docket Numbers: ER18-1945-000.
    Applicants: Alabama Power Company.
    Description: Sec.  205(d) Rate Filing: Amendment of Southern's
Tariff Volume No. 4 Relating to Sale of Gulf Power to be effective 12/
31/9998.
    Filed Date: 7/3/18.
    Accession Number: 20180703-5075.
    Comments Due: 5 p.m. ET 7/24/18.

    Docket Numbers: ER18-1946-000.
    Applicants: American Transmission Systems, Incorporated, PJM
Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: ATSI submits Revised
Interconnection Agreements SA Nos. 3994 and 3995 to be effective 9/1/
2018.
    Filed Date: 7/3/18.
    Accession Number: 20180703-5076.
    Comments Due: 5 p.m. ET 7/24/18.

    Docket Numbers: ER18-1947-000.
    Applicants: Alabama Power Company.
    Description: Sec.  205(d) Rate Filing: Southern Company System
Intercompany Interchange Contact Amendment Filing to be effective 9/24/
2010.
    Filed Date: 7/3/18.
    Accession Number: 20180703-5077.
    Comments Due: 5 p.m. ET 7/24/18.

    Docket Numbers: ER18-1948-000.
    Applicants: Georgia Power Company.
    Description: Sec.  205(d) Rate Filing: Southern Company System
Intercompany Interchange Contract Amendment Filing to be effective 9/
24/2010.
    Filed Date: 7/3/18.
    Accession Number: 20180703-5078.
    Comments Due: 5 p.m. ET 7/24/18.

    Docket Numbers: ER18-1949-000.
    Applicants: Gulf Power Company.
    Description: Sec.  205(d) Rate Filing: Southern Company
Intercompany Interchange Contract Amendment Filing to be effective 9/
24/2010.
    Filed Date: 7/3/18.
    Accession Number: 20180703-5079.
    Comments Due: 5 p.m. ET 7/24/18.

    Docket Numbers: ER18-1950-000.
    Applicants: Mississippi Power Company.
    Description: Sec.  205(d) Rate Filing: Southern Company System
Intercompany Interchange Contract Amendment Filing to be effective 9/
24/2010.
    Filed Date: 7/3/18.
    Accession Number: 20180703-5080.
    Comments Due: 5 p.m. ET 7/24/18.

    Docket Numbers: ER18-1951-000.
    Applicants: Southern Power Company.
    Description: Sec.  205(d) Rate Filing: Southern Company System
Intercompany Interchange Contract Amendment to be effective 9/24/2010.
    Filed Date: 7/3/18.
    Accession Number: 20180703-5082.
    Comments Due: 5 p.m. ET 7/24/18.

    Docket Numbers: ER18-1952-000.
    Applicants: Gulf Power Company.
    Description: Baseline eTariff Filing: Gulf Power Company Market-
Based Rate Filing to be effective 7/5/2018.
    Filed Date: 7/3/18.
    Accession Number: 20180703-5083.
    Comments Due: 5 p.m. ET 7/24/18.

    Docket Numbers: ER18-1953-000.
    Applicants: Gulf Power Company.
    Description: Baseline eTariff Filing: Baseline OATT to be effective
7/5/2018.
    Filed Date: 7/3/18.
    Accession Number: 20180703-5086.
    Comments Due: 5 p.m. ET 7/24/18.

    Docket Numbers: ER18-1954-000.
    Applicants: Gulf Power Company.
    Description: Baseline eTariff Filing: Southern Companies NITSA to
be effective 7/5/2018.
    Filed Date: 7/3/18.
    Accession Number: 20180703-5087.
    Comments Due: 5 p.m. ET 7/24/18.

    Docket Numbers: ER18-1955-000.
    Applicants: South Central MCN LLC.
    Description: Sec.  205(d) Rate Filing: SCMCN DX ADIT True-Up
Revisions to be effective 10/1/2018.
    Filed Date: 7/3/18.
    Accession Number: 20180703-5088.
    Comments Due: 5 p.m. ET 7/24/18.

    Docket Numbers: ER18-1956-000.
    Applicants: American Transmission Systems, Incorporated, PJM
Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: ATSI submits Interconnection
Agreements SA Nos. 3992 and 3993 and ECSA No. 4975 to be effective 9/1/
2018.
    Filed Date: 7/3/18.
    Accession Number: 20180703-5089.
    Comments Due: 5 p.m. ET 7/24/18.

    Docket Numbers: ER18-1957-000.
    Applicants: Tracel Energy Marketing Limited Partnership.
    Description: Baseline eTariff Filing: Baseline new to be effective
8/15/2018.
    Filed Date: 7/3/18.
    Accession Number: 20180703-5113.
    Comments Due: 5 p.m. ET 7/24/18.

    Docket Numbers: ER18-1958-000.
    Applicants: Appalachian Power Company.
    Description: Sec.  205(d) Rate Filing: OATT--Revise Attachment K,
AEP Texas Inc. Rate Update to be effective 12/31/9998.
    Filed Date: 7/3/18.
    Accession Number: 20180703-5139.
    Comments Due: 5 p.m. ET 7/24/18.

    Docket Numbers: ER18-1959-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2018-07-03_SA 2677 GRE-NSP
3rd Rev GIA (J278) to be effective 6/21/2018.
    Filed Date: 7/3/18.
    Accession Number: 20180703-5144.
    Comments Due: 5 p.m. ET 7/24/18.

    Docket Numbers: ER18-1960-000.
    Applicants: Tenaska Pennsylvania Partners, LLC.
    Description: Baseline eTariff Filing: Application for Market-Based
Rate Authorization and Request for Waivers to be effective 7/4/2018.
    Filed Date: 7/3/18.
    Accession Number: 20180703-5146.
    Comments Due: 5 p.m. ET 7/24/18.

    Take notice that the Commission received the following electric
securities filings:

    Docket Numbers: ES18-44-000.
    Applicants: Ameren Illinois Company.
    Description: Application of Ameren Illinois Company for Short-Term
Financing Authority.
    Filed Date: 7/2/18.
    Accession Number: 20180702-5293.
    Comments Due: 5 p.m. ET 7/23/18.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: July 3, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-14710 Filed 7-9-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 132 (Tuesday, July 10, 2012)]
[Rules and Regulations]
[Pages 40518-40521]
[FR Doc No: 2012-16784]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2011-1000]
RIN 1625-AA00

Swim Events in the Captain of the Port New York Zone; Hudson
River, East River, Upper New York Bay, Lower New York Bay; New York, NY

ACTION: Final rule.

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

SUMMARY: The Coast Guard is establishing seven temporary safety zones
for swim events within the Captain of the Port (COTP) New York Zone.
These zones will be established on the navigable waters of the Hudson
River, East River, Upper New York Bay and Lower New York Bay. These
temporary safety zones are necessary to protect the maritime public and
event participants from the hazards associated with these events.
Persons and vessels are prohibited from entering into, transiting
through, mooring, or anchoring within the safety zones unless
authorized by the COTP New York or the designated representative.

DATES: This rule is effective in the Federal Register from August 9,
2012 through September 16, 2012. This rule will be effective with
actual notice for enforcement purposes from June 16, 2012, through
August 9, 2012.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2011-1000]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Ensign Kimberly Farnsworth, Coast Guard; telephone (718)
354-4163, email<EMAIL_ADDRESS>If you have questions
on viewing or submitting material to the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
COTP Captain of the Port

A. Regulatory History and Information

    On April 16, 2012, we published a notice of proposed rulemaking
(NPRM) entitled Swim Events in the Captain of the Port New York Zone in
the Federal Register (77 FR 22525). We received no comments on the
proposed rule. No public meeting was requested and none was held.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. The NYC Triathlon Swim Clinic and
the Iron Man Open Water Swim Clinics are scheduled to occur on June 16
and June 30, 2012, respectively. These two events will occur before 30
days has elapsed after the publication of the rule. The event sponsors
are unable and unwilling to postpone these events because the dates of
these events were chosen based on optimal tide, current, and weather
conditions needed to promote the safety of swim participants. In
addition, any change to the dates of the events would cause economic
hardship on the marine event sponsors and negatively impact other
activities being held in conjunction with these events, such as
potentially causing numerous event participant cancellations.

B. Basis and Purpose

    The legal basis for the rule is 33 U.S.C. 1231, 46 U.S.C. Chapter
701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and
160.5; Pub. L. 107-295, 116 Stat. 2064; and Department of Homeland
Security Delegation No. 0170.1, which collectively authorize the Coast
Guard to define regulatory safety zones.
    Marine events are frequently held on the navigable waters within
the COTP Sector New York Zone. The COTP has determined that swim events
in close proximity to marine traffic pose significant risk to public
safety and property. The combination of increased numbers of recreation
vessels, congested waterways, and large numbers of swimmers in the
water has the potential to result in serious injuries or fatalities. In
order to protect the safety of all waterway users including event
participants and spectators, this rule establishes temporary safety
zones for the duration of each event.
    This rule prevents vessels from entering into, transiting through,
mooring or anchoring within the areas specifically designated as
regulated areas during the periods of enforcement unless authorized by
the COTP, or the designated representative.

C. Discussion of Comments, Changes and the Final Rule

    No comments were received. The Coast Guard made the following
changes to this final rule that were not published in the NPRM:
    The swim events listed in TABLE 1 of 165.T01-1000 were modified to
now include rain dates. Rain dates are now included for the following
events: Iron Man Open Water Swim Clinics, Verrazano Bridge Swim, Rose
Pitonof Swim, and Liberty to Freedom Swim. The sponsors advised that
due to the limited reliability of weather forecast and predictions it
was necessary to have rain dates in the event of unexpected adverse
weather conditions.
    In the NPRM, the Coast Guard proposed under Sec. 165.T01-1000(g)
the following: ``For all swim events listed in TABLE 1 to Sec.
165.T01-1000, vessels not associated with the event shall maintain a
separation of at least 100 yards from the participants.'' The text in
Sec. 165.T01-1000(g) now reads as follows: ``For all swim events listed
in the TABLE to Sec.  165.T01-1000, vessels not associated with the
event that are permitted to enter the regulated areas in accordance
with section (c), shall maintain a separation of at least 100 yards
from the participants.'' We revised the text to help the public better
understand our intentions and eliminate any confusion that the
regulated areas listed in TABLE 1 of 165.T01-1000 are geographically
fixed. The requirement for separation of at least 100 yards from each
event participant is applicable to vessels that receive permission from
the COTP to enter the regulated areas.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking.

Below we summarize our analyses based on 13 of these statutes or
executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
    The Coast Guard's implementation of these temporary safety zones
will be of short duration and designed to minimize the impact to vessel
traffic on the navigable waters. These safety zones will only be
enforced for a short duration. Furthermore, vessels may be authorized
to transit the zones with permission of the COTP New York or designated
representative.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The Coast Guard
received no comments from the Small Business Administration on this
rule. 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 will affect the following entities, some of which may be
small entities: The owners and operators of vessels intending to
transit, or anchor in the designated safety zones as listed in TABLE 1
of 165.T01-1000 during the enforcement period of each swim event.
    These safety zones will not have significant economic impact on a
substantial number of small entities for the following reasons: Vessels
will only be restricted from safety zone areas for a short duration of
time; vessels may transit in portions of the affected waterway except
for those areas covered by the regulated areas as listed in TABLE 1 of
165.T01-1000. Notifications will be made to the local maritime
community through the Local Notice to Mariners and Broadcast Notice to
Mariners well in advance of the events.

3. Assistance for Small Entities

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

4. Collection of Information

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

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children

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

11. Indian Tribal Governments

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

12. Energy Effects

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

13. Technical Standards

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

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the establishment of seven temporary
safety

zones on the navigable waters of the Hudson River, East River, Upper
New York Bay and Lower New York Bay. Persons and vessels are prohibited
from entering into, transiting through, mooring, or anchoring within
the safety zones unless authorized by the COTP. This rule is
categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. An environmental analysis
checklist supporting this determination and a Categorical Exclusion
Determination are available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this rule.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1 6.04-1, 6.04-6, 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1, which authorizes the Coast Guard to define Safety Zone
Regulations.

0
2. Add Sec.  165.T01-1000 to read as follows:

Sec.  165.T01-1000  Swim Events in the Captain of the Port New York
Zone, Hudson River, East River, Upper New York Bay, Lower New York Bay,
New York, NY.

    (a) Regulation. The general regulations contained in 33 CFR 165.23
as well as the following regulations apply to the swim events listed in
the TABLE of 165.T01-1000. These regulations will be enforced for the
duration of each swim event. Notifications of exact dates and times of
the enforcement period will be made to the local maritime community
through the Local Notice to Mariners, and Broadcast Notice to Mariners.
First Coast Guard District Local Notice to Mariners can be found at
http://www.navcen.uscg.gov/.
    (b) Definitions. The following definitions apply to this section:
    (1) Designated Representative. A ``designated representative'' is
any Coast Guard commissioned, warrant or petty officer of the U.S.
Coast Guard who has been designated by the Captain of the Port (COTP)
New York Zone to act on his or her behalf.
    (2) Official Patrol Vessels. Official patrol vessels may consist of
any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement
vessels assigned or approved by the COTP. The designated representative
may be on an official patrol vessel or may be on shore and will
communicate with vessels via VHF-FM radio or loudhailer. In addition,
members of the Coast Guard Auxiliary may be present to inform vessel
operators of this regulation.
    (3) Spectators. All persons and vessels not registered with the
event sponsor as participants or official patrol vessels.
    (c) Vessel operators desiring to enter or operate within the
regulated areas shall contact the COTP or the designated representative
via VHF channel 16 or<PHONE_NUMBER> (Sector New York command center) to
obtain permission to do so.
    (d) Spectators or other vessels shall not anchor, block, loiter
within, or impede the transit of event participants or official patrol
vessels in the regulated areas during the effective dates and times, or
dates and times as modified through the Local Notice to Mariners,
unless authorized by COTP or the designated representative.
    (e) Upon being hailed by a U.S. Coast Guard vessel or the
designated representative, by siren, radio, flashing light or other
means, the operator of the vessel shall proceed as directed. Failure to
comply with a lawful direction may result in expulsion from the area,
citation for failure to comply, or both.
    (f) The COTP or the designated representative may delay or
terminate any marine event in this subpart at any time it is deemed
necessary to ensure the safety of life or property.
    (g) For all swim events listed in the TABLE to Sec.  165.T01-1000,
vessels not associated with the event that are permitted to enter the
regulated areas in accordance with section (c), shall maintain a
separation of at least 100 yards from the participants.

                     Table 1 to Sec.   165.T01-1000
------------------------------------------------------------------------

------------------------------------------------------------------------
1.0                                                Hudson River
------------------------------------------------------------------------
1.1 Iron Man Open Water Swim Clinics...   Date: June 30 and July
                                          14, 2012.
                                          Rain Date: July 1 and
                                          July 15, 2012.
                                          Enforcement Period:
                                          8:00 a.m. to 10:30 a.m.
                                          Location site: All
                                          waters of the Hudson River in
                                          the vicinity of Ross Docks
                                          Camp Ground, bound by the
                                          following points:
                                          40[deg]51'41'' N,
                                          073[deg]57'13'' W; thence to
                                          40[deg]51'41'' N,
                                          074[deg]56'12'' W; thence to
                                          40[deg]54'00'' N,
                                          073[deg]54'57'' W; thence to
                                          40[deg]54'00.0'' N,
                                          073[deg]56'06'' W; thence
                                          along the shoreline to the
                                          point of origin.
1.2 NYC Triathlon Swim Clinic..........   Date: June 17, 2012.
                                          Rain Date: June 16 or
                                          June 24, 2012.
                                          Enforcement Period:
                                          10:00 a.m. to 11:30 a.m.
                                          Location: All waters
                                          of the Hudson River in the
                                          vicinity of Ross Docks Camp
                                          Ground, bound by the following
                                          points: 40[deg]48'0.15'' N,
                                          073[deg]58'30.59'' W; thence
                                          to 40[deg]48'19.17'' N,
                                          073[deg]59'9.76'' W; thence to
                                          40[deg]47'33.29'' N,
                                          073[deg]59'43.51'' W; thence
                                          to 40[deg]47'12.76'' N,
                                          073[deg]59'3.87'' W thence
                                          along the shoreline to the
                                          point of origin.
------------------------------------------------------------------------
2.0                                             Lower New York Bay
------------------------------------------------------------------------
2.1 Verrazano Bridge Swim..............   Date: July 21, 2012.
                                          Rain Date: July 22,
                                          2012.
                                          Enforcement Period:
                                          12:30 p.m. to 1:30 p.m.

                                          Location: All waters
                                          of the Lower New York Bay in
                                          the vicinity of the Verrazano
                                          Bridge, bound by the following
                                          points: 40[deg]36'12.74'' N,
                                          074[deg]3'12.92'' W; thence to
                                          40[deg]35'59.20'' N,
                                          074[deg]3'8.72'' W; thence to
                                          40[deg]36'27.30'' N,
                                          074[deg]2'3.101'' W; thence to
                                          40[deg]36'32.91'' N,
                                          074[deg]2'9.30'' W; thence
                                          along the shoreline to the
                                          point of origin.
------------------------------------------------------------------------
3.0                                      East River, Upper New York Bay,
                                                Lower New York Bay
------------------------------------------------------------------------
3.1 Rose Pitonof Swim..................   Date: August 18, 2012.
                                          Rain Date: August 19,
                                          2012.
                                          Enforcement Period:
                                          9:00 a.m. to 5:00 p.m.
                                          Location: All waters
                                          of the East River, Upper and
                                          Lower New York Bays, bound by
                                          the following points:
                                          40[deg]44'11.55'' N,
                                          073[deg]58'21.58'' W; thence
                                          to 40[deg]44'19.63'' N,
                                          073[deg]57'45.25'' W; thence
                                          to 40[deg]34'10.43'' N,
                                          073[deg]58'59.88'' W; thence
                                          to 40[deg]32'16.62'' N,
                                          074[deg]2'34.30'' W; thence to
                                          40[deg]36'13.95'' N,
                                          074[deg]3'8.58'' W; thence to
                                          40[deg]38'38.81 N,
                                          074[deg]4'15.14'' W; thence
                                          back to the point of origin.
------------------------------------------------------------------------
4.0                                         Upper New York Bay, Hudson
                                                       River
------------------------------------------------------------------------
4.1 Liberty to Freedom Swim............   Date: September 15,
                                          2012.
                                          Rain Date: September
                                          16, 2012.
                                          Enforcement Period:
                                          3:00 p.m. to 5:00 p.m.
                                          Location: All waters
                                          of the East River, Upper and
                                          Lower New York Bays, bound by
                                          the following points:
                                          40[deg]41'24.15'' N,
                                          074[deg]2'33.47'' W; thence to
                                          40[deg]41'35.25'' N,
                                          074[deg]1'10.95'' W; thence to
                                          40[deg]42'48.91'' N,
                                          074[deg]1'3.44'' W; thence to
                                          40[deg]43'0.17'' N,
                                          074[deg]1'47.99'' W; thence to
                                          40[deg]41'27.55'' N,
                                          074[deg]2'49.72'' W; thence
                                          back to the point of origin.
------------------------------------------------------------------------
5.0                                         Upper New York Bay, Hudson
                                                       River
------------------------------------------------------------------------
5.1 Brooklyn Bridge Swim...............   Date: July 15, 2012.
                                          Rain Date: NA.
                                          Enforcement Period:
                                          7:15 a.m. to 9:15 a.m.
                                          Location: All waters
                                          of the East River, bound by
                                          the following points:
                                          40[deg]42'17.04'' N,
                                          073[deg]59'21.87'' W; thence
                                          to 40[deg]42'12.03'' N,
                                          073[deg]59'46.17'' W; thence
                                          to 40[deg]42'24.48'' N,
                                          074[deg]0'4.09'' W; thence to
                                          40[deg]42'34.19 N,
                                          073[deg]59'31.41'' W; thence
                                          back to point of origin.
------------------------------------------------------------------------
6.0                                       Upper New York Bay, Lower New
                                                     York Bay
------------------------------------------------------------------------
6.1 Ederle Swim........................   Date: August 18, 2012.
                                          Rain Date: August 19,
                                          2012.
                                          Enforcement Period:
                                          10:00 a.m. to 7:30 p.m.
                                          Location: All waters
                                          of the Hudson River, Upper and
                                          Lower New York Bays, bound by
                                          the following points:
                                          40[deg]42'48.13'' N,
                                          074[deg]0'58.74'' W; thence to
                                          40[deg]42'3.20'' N,
                                          073[deg]59'54.84'' W; thence
                                          to 40[deg]36'32.70'' N,
                                          074[deg]2'10.73'' W; thence to
                                          40[deg]28'4.43 N,
                                          073[deg]59'38.14'' W; thence
                                          to 40[deg]28'41.58'' N,
                                          074[deg]0'55.27'' W; thence to
                                          40[deg]38'38.77'' N,
                                          074[deg]4'15.05'' W; thence to
                                          40[deg]43'0.31'' N,
                                          074[deg]1'48.11'' W thence
                                          back to point of origin.
------------------------------------------------------------------------

    Dated: June 12, 2012.
G.P. Hitchen,
Captain, U.S. Coast Guard, Acting Captain of the Port New York.
[FR Doc. 2012-16784 Filed 7-9-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 87, Number 129 (Thursday, July 7, 2022)]
[Notices]
[Pages 40528-40529]
[FR Doc No: 2022-14491]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2021-0099; FRL-10002-01-OMS]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; NESHAP for Wet-Formed Fiberglass Mat
Production (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency (EPA) has submitted an
information collection request (ICR), NESHAP for Wet-Formed Fiberglass
Mat Production (EPA ICR Number 1964.10, OMB Control Number 2060-0496),
to the Office of Management and Budget (OMB) for review and approval in
accordance with the Paperwork Reduction Act. This is a proposed
extension of the ICR, which is currently approved through September 30,
2022. Public comments were previously requested, via the Federal
Register, on April 13, 2021, during a 60-day comment period. This
notice allows for an additional 30 days for public comments. A fuller
description of the ICR is given below, including its estimated burden
and cost to the public. An agency may neither conduct nor sponsor, and
a person is not required to respond to a collection of information,
unless it displays a currently valid OMB control number.

DATES: Additional comments may be submitted on or before August 8,
2022.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OAR-2021-0099, online using www.regulations.gov (our preferred method)
or by mail to: EPA Docket Center, Environmental Protection Agency, Mail
Code 2821T, 1200 Pennsylvania Ave. NW, Washington, DC 20460. EPA's
policy is that all comments received will be included in the public
docket without change including any personal information provided,
unless the comment includes profanity, threats, information claimed to
be Confidential Business Information (CBI), or other information whose
disclosure is restricted by statute.
    Submit written comments and recommendations to OMB for the proposed
information collection within 30 days of publication of this notice to
www.reginfo.gov/public/do/PRAMain. Find this particular information
collection by selecting ``Currently under 30-day Review--Open for
Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Muntasir Ali, Sector Policies and
Program Division (D243-05), Office of Air Quality Planning and
Standards, U.S. Environmental Protection Agency, Research Triangle
Park, North Carolina, 27711; telephone number:<PHONE_NUMBER>; email
address: [email protected].

SUPPLEMENTARY INFORMATION: Supporting documents, which explain in
detail the information that the EPA will be collecting, are available
in the public docket for this ICR. The docket can be viewed online at
https://www.regulations.gov, or in person at the EPA Docket Center, WJC
West Building, Room 3334, 1301 Constitution Ave. NW, Washington, DC.
The telephone number for the Docket Center is<PHONE_NUMBER>. For
additional information about EPA's public docket, visit: http://www.epa.gov/dockets.
    Abstract: The National Emission Standards for Hazardous Air
Pollutants (NESHAP) for Wet-formed Fiberglass Mat Production were
proposed on May 26, 2000, promulgated on April 11, 2002, and amended
on: April 20, 2006; February 28, 2019; and November 19, 2020. The
NESHAP is codified at 40 CFR part 63, subpart HHHH. The NESHAP apply to
wet-formed fiberglass mat production facilities that emit greater than
or equal to 10 tons per year (tpy) of any one hazardous air pollutant
(HAP), or greater than or equal to 25 tpy of any combination of HAP.
Affected sources include new and existing drying and curing ovens. The
pollutants regulated include organic HAP, using formaldehyde as a
surrogate. New facilities include those that commenced construction or
reconstruction after the date of the original proposal (May 26, 2000).
The NESHAP standards require initial notifications, performance tests,
and semi-annual reports by the owners/operators of the affected
facilities. This information is being collected to assure compliance
with 40 CFR part 63, subpart HHHH.
    Form Numbers: None.
    Respondents/affected entities: Wet-formed fiberglass mat production
facilities.
    Respondent's obligation to respond: Mandatory (40 CFR 63, subpart
HHHH).
    Estimated number of respondents: 7 (total).
    Frequency of response: Semi-annually.
    Total estimated burden: 1,470 hours (per year). Burden is defined
at 5 CFR 1320.3(b).
    Total estimated cost: $174,000 (per year), which includes $0 in
annualized capital/startup and/or operation & maintenance costs.

    Changes in the Estimates: There is no change in the total estimated
burden as currently identified in the OMB Inventory of Approved
Burdens. This ICR adjusts the time required for facilities to
familiarize themselves with the rule requirements in each year from 8
hours for 2.33 respondents to 2 hours per year for 7 respondents;
however, there is no significant change in the total burden hours due
to rounding.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2022-14491 Filed 7-6-22; 8:45 am]
BILLING CODE 6560-50-P


MEMORANDUM

DATE:		8/5/14

TO:		Clean Power Plan for Existing Power Plants; Docket Id: OAR - 2013-0602

FROM:	Ray Saracino, EPA

SUBJECT:	July 31, 2014, Meeting Regarding Proposed Clean Power Plan for Existing Power Plants  --------------------------------------------------------------------------------

SUMMARY

      A meeting was held between EPA and the Regional Tribal Operations Committee (RTOC) on July 31, 2014 to discuss the proposed Clean Power Plan for Existing Power Plants.  EPA provided an overview of the Clean Power Plan proposal for Existing Power Plants. The Clean Power Plan for Existing Power Plants was proposed on June 2, 2014.  Ray Saracino presented on behalf of EPA.        ATTENDEES

Alan Bacock Water Program Coordinator Big Pine Paiute Tribe of the Owens Valley Alberto Ramirez Interim Water Resources Manager Torres Martinez Desert Cahuilla Indians Alex Cabillo III Water Resource Program Manager Hualapai Tribe Alvin Crook Water Resources Assistant Program Manager Hualapai Tribe Annette George Natural Resource Man./Vice-Chairperson Duckwater Shoshone Tribe Arlene Wallis Environmental Assistant Soboba Band of Luiseño Indians Arlene Dutschke Environmental Planner Ione Band of Miwok Indians Becky J. Ross Compliance Manager Cabazon Band of Mission Indians Beverly Harry Environmental Mgr. PLPT Brenda Begay Environmental Manager White Mountain Apache Tribe Carlotta Whitecrane Environmental Administrative Coordinator Karuk Tribe Carlotta Whitecrane Environmental Administrative Coordinator Karuk Tribe Chris Pinto Water Tech Jamul Indian Village CHRITINA DABNEY-KEEL ENVIRONMENTAL ASSISTANT TULE RIVER TRIBE Clifford Banuelos Environmental Coordinator Elko Band Council Columba Quintero Tribal Grants Administrator Torres Martinez Desert Cahuilla Indians Corn Antone Supervisor TONEPO Cory LaChusa EPA Trainee Mesa Grande Band of Mission Indians Damian Willson Project Officer US EPA Danielle Angeles Environmental Protection Specialist US EPA, Region 9, Water Division, Tribal Office Darrel Langley EPA Specialist Mesa Grande Band of Mission Indians David Newman Environmental Technician Pechanga Indian Reservation Debbie Flores Environmental Coordinator Battle Mountain Band Council Desiree Morales-Whitman Environmental Manager San Pasqual Band of Mission Indians Donald Brafford SFC Director Indian Health Service Elijah Fisher Environmental Technician Greenville Rancheria Emily Luscombe Environmental Specialist II Coyote Valley Band of Pomo Indians emmanuelle rapicavoli drinking water program, water division EPA region 9 Frances Schultz Assistant Director for Tribes, Pacific Islands and US/Mexico Border U.S. EPA Region 9, Land Division GINA WACHSMUTH WATER QUALITY TECHNICIAN WALKER RIVER PAIUTE TRIBE Ginny Hatch Environmental Coordinator Yerington Paiute Tribe Gita Kapahi Tribal Liaison state water resources control board Hannah Minderhout Environmental Specialist Soboba Band of Luiseño Indians honovaa lewis environmental tech utu utu gwaitu paiute tribe Jaclyn Listo Administrative Assistant Tohono O'odham Nation James Payne Environmental Director Morongo Band of Mission Indians Jason Costner Fleet Director Torres Martinez Desert Cahuilla Indians Javaughn Miller Tribal Administrator La Posta Band of Mission Indians Javier Silva Environmental Director Sherwood Valley Band of Pomo Jeremy Phillips SR Environmental Specialist-Haz Substances-Pesticides Salt River Pima-Maricopa Indian Community John Parada Tribal Environmental Programs Director LOs Coyotes Band of Cahuilla Cupeno Indians John Lynch Environmental Coordinator South Fork Band of the Te-Moak Tribe John Flores Water Manager San Pasqual Band of Mission Indians Joseph Mirelez Tribal Council Member/ Procurement Director Torres Martinez Desert Cahuilla Indians Justin Nalder Environmental Director Bridgeport Indian Colony Justin Conley Environmental Technician Agua Caliente Band of Cahuilla Indians Kathleen Sloan Environmental Director Yurok Tribe Kelcey Stricker Environmental Technician Pechanga Environmental Department KERRI VERA ENVIROMENTAL DIRECTOR TULE RIVER TRIBE Kyle Self Tribal Chairman Greenville Rancheria Lacie Miles Environmental Director Greenville Rancheria Leilani Gomez Grants Administrator Cabazon Band of Mission Indians Lily Tavassoli Superfund Division US EPA Linda Wimberly Water Technician Bridgeport Indian Colony Loretta Stone Director San Carlos Apache EPA Lorinda Sam Environmental Programs Manager Ak-Chin Indian Community LUTHER SALGADO JR ENVIRONMENTAL DIRECTOR CAHUILLA TRIBAL ENVIRONMENTAL PROTECTION OFFICE Mariah Aguayo Environmental Assistant Los Coyotes Band of Cahuilla Cupeno Indians Mark Valencia Environmental Technician San Manuel Band of Mission Indians Marla Stanton Environmental Director Wells Band Council Meredith Gosejohan Natural Resources Director Susanville Indian Rancheria Michael Montgomery Assistant Director US EPA, Water Division Michelle Dart Environmental Technician La Posta Band of Mission Indians Mikaela Griffiths Environmental Director Timbisha Shoshone Tribe Nicolette Jonkhoff EPA Manager Ramona Band of Cahuilla Nina Hapner Director of Environmental Planning Kashia Band of Pomo Indians Paula Britton Environmental director Habematolel Pomo of Upper Lake Reginald Agunwah Water and Environmental Specialist Ramona Band of Cahuilla Rene Curo Environmental Specialist Viejas Band Of Kumeyaay Indians Rhonda Morningstar Pope Chairwoman, Tribal Council Buena Vista Rancheria of Me-Wuk Indians Rob Roy Environmental Director La Jolla Band of Luiseno Indians Robert Mesa Environmental Director Jamul Indian Village of CA Robert Columbro Environmental Director Coyote Valley Band of Pomo Indians Roselynn Lwenya Environmental Resource Director Buena Vista Rancheria of Me-Wuk Indians Samuel Elizondo Environmental Officer Table Mountain Rancheria Shawn Muir Environmental Specialist Twenty-Nine Palms Tribal EPA Steven Estrada Environmental Director Soboba Band of Luiseño Indians Thomas Tortez Tribal Treasurer Torres Martinez Desert Cahuilla Indians Vernese Gholson Grants Management Specialists EPA Region 9 Wilfred Nabahe Director CRIT

Attachment


[Federal Register Volume 82, Number 94 (Wednesday, May 17, 2017)]
[Notices]
[Pages 22680-22682]
[FR Doc No: 2017-09932]

=======================================================================
-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80664; File No. SR-BatsBZX-2017-07]

Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Order
Instituting Proceedings To Determine Whether To Approve or Disapprove a
Proposed Rule Change, as Modified by Amendment No. 1, To List and Trade
Shares of the VanEck Vectors AMT-Free National Municipal Index ETF of
VanEck Vectors ETF Trust Under BZX Rule 14.11(c)(4)

May 11, 2017.

I. Introduction

    On January 27, 2017, Bats BZX Exchange, Inc. (``Exchange'' or
``BZX'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to list and trade shares (``Shares'') of the
VanEck Vectors AMT-Free National Municipal Index ETF (``Fund'') under
BZX Rule 14.11(c)(4). The proposed rule change was published for
comment in the Federal Register on February 14, 2017.\3\ On March 10,
2017, the Exchange filed Amendment No. 1 to the proposed rule change,
which amended and replaced the proposed rule change as originally
filed.\4\ On March 30, 2017, pursuant to Section 19(b)(2) of the
Act,\5\ the Commission designated a longer period within which to
approve the proposed rule change, disapprove the proposed rule change,
or institute proceedings to determine whether to disapprove the
proposed rule change.\6\ The Commission has received no comment letters
on the proposed rule change. This order institutes proceedings under
Section 19(b)(2)(B) of the Act \7\ to determine whether to approve or
disapprove the proposed rule change, as modified by Amendment No. 1.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 79989 (February 8,
2017), 82 FR 10615.
    \4\ In Amendment No. 1, the Exchange: (1) Clarified its
description of the two benchmark indexes that the Index (as defined
below) tracks; (2) clarified its description of the Fund's
investments; (3) made additional representations regarding the
applicability of Exchange rules and other requirements; (4)
clarified its description of the calculation of the net asset value
of the Fund; (5) stated the cutoff time for orders to create
Creation Units; (6) represented that FINRA, on behalf of the
Exchange, may obtain certain information for surveillance; and (7)
made technical changes. Amendment No. 1 to the proposed rule change
is available at: https://www.sec.gov/comments/sr-batsbzx-2017-07/batsbzx201707-1667531-148997.pdf.
    \5\ 15 U.S.C. 78s(b)(2).
    \6\ See Securities Exchange Act Release No. 80350, 82 FR 16647
(April 5, 2017). The Commission designated May 15, 2017 as the date
by which the Commission shall either approve or disapprove, or
institute proceedings to determine whether to disapprove, the
proposed rule change.
    \7\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

II. Exchange's Description of the Proposed Rule Change, as Modified by
Amendment No. 1

    The Exchange proposes to list and trade Shares of the Fund under
BZX Rule 14.11(c)(4), which governs the listing and trading of index
fund shares based on fixed income securities indexes. The Shares will
be offered by the VanEck Vectors ETF Trust (``Trust'').\8\ Van Eck
Associates Corporation will be the investment adviser (``Adviser'') to
the Fund. The Adviser will serve as the administrator for the Fund. The
Bank of New York Mellon will serve as the custodian and transfer agent
for the Fund. Van Eck Securities Corporation will be the distributor of
the Shares. Bloomberg Finance L.P. and its affiliates will be the index
provider.
---------------------------------------------------------------------------

    \8\ The Exchange states that the Trust is registered with the
Commission as an open-end investment company. See Registration
Statement on Form N-1A for the Trust, dated October 31, 2016 (File
Nos. 333-123257 and 811-10325) (``Registration Statement''). The
Exchange further states that the Commission has issued an order
granting certain exemptive relief to the Trust under the Investment
Company Act of 1940 (``1940 Act''). See Investment Company Act
Release No. 28021 (October 24, 2007) (File No. 812-13426).
---------------------------------------------------------------------------

    The Exchange has made the following representations and statements
in describing the Fund and its investment strategy, including the
Fund's portfolio holdings and investment restrictions.\9\
---------------------------------------------------------------------------

    \9\ The Commission notes that additional information regarding
the Fund, the Index (as defined below), the Trust, and the Shares,
including investment strategies, risks, creation and redemption
procedures, fees, portfolio holdings disclosure policies,
calculation of net asset value, distributions, and taxes, among
other things, can be found in Amendment No. 1 and the Registration
Statement, as applicable. See supra notes 4 and 8, respectively.
---------------------------------------------------------------------------

A. Exchange's Description of the Fund's Principal Investments

    According to the Exchange, the Fund will seek to replicate as
closely as possible, before fees and expenses, the price and yield
performance of the Bloomberg Barclays AMT-Free National Municipal Index
(``Index'').\10\ The Index tracks the municipal bond market by tracking
two total return, market-size-weighted benchmark indexes with target
weights as follows:
---------------------------------------------------------------------------

    \10\ The Exchange states that, unless otherwise noted, all
statistics related to the Index presented in the proposal were
accurate as of November 30, 2016.
---------------------------------------------------------------------------

     A 75% weight in the Muni Investment-Grade Rated/$75
Million Deal Size Index in order to gain exposure to investment grade
municipal bonds (i.e., rated Baa3/BBB- or higher). To be included in
the Muni Investment-Grade Rated/$75 Million Deal Size Index, a bond
must be rated Baa3/BBB- or higher by at least two of the following
rating agencies if all three agencies rate the bond: Moody's Investors
Service (``Moody's''), Standard & Poor's Ratings Services (``S&P'') and
Fitch Ratings, Inc. (``Fitch''). If only two of the three agencies rate
the bond, the lower rating is used to determine index eligibility. If
only one of the three agencies rates the bond, the rating must be Baa3/
BBB- or higher. Bonds in the Muni Investment-Grade Rated/$75 Million
Deal Size Index must have an outstanding par value of at least $7
million and be

issued as part of a transaction of at least $75 million.
     A 25% weight in the Muni High Yield/$20 Million Deal Size
Index in order to gain exposure to non-investment grade municipal bonds
(i.e., unrated or rated Ba1/BB+ or lower). To be included in the Muni
High Yield/$20 Million Deal Size Index, a bond must be unrated or rated
Ba1/BB+ or lower by at least two of the following rating agencies if
all three agencies rate the bond: Moody's, S&P, and Fitch. If only two
of the three agencies rate the bond, the lower rating is used to
determine index eligibility. If only one of the three agencies rates
the bond, the rating must be Ba1/BB+ or lower. Bonds in the Muni High
Yield/$20 Million Deal Size Index must have an outstanding par value of
at least $3 million and be issued as part of a transaction of at least
$20 million.
    All bonds included in the Index must have a fixed rate, a dated
date (i.e., the date when interest begins to accrue) after December 31,
1990, and a nominal maturity of 1 to 30 years. Bonds subject to the
alternative minimum tax, taxable municipal bonds, bonds with floating
rates, derivatives and municipal bonds of issuers from the territories
of the United States (e.g., Puerto Rico) are excluded from the Index.
The composition of the Index is rebalanced monthly. Interest and
principal payments earned by the component securities are held in the
Index without a reinvestment return until month end when they are
removed from the Index. Qualifying securities issued, but not
necessarily settled, on or before the month end rebalancing date
qualify for inclusion in the Index in the following month.
    According to the Exchange, the Fund normally invests at least 80%
of its total assets in securities that comprise the Fund's benchmark
index. The Index is comprised of publicly traded municipal bonds that
cover the U.S. dollar-denominated investment grade and high yield tax-
exempt bond market. The Fund's 80% investment policy is non-fundamental
and may be changed without shareholder approval upon 60 days' prior
written notice to shareholders.\11\ The Fund also has adopted a
fundamental investment policy to invest at least 80% of its assets in
municipal securities.\12\ When issued transactions (``WIs'')
representing securities eligible for inclusion in the Index may be used
by the Fund in seeking performance that corresponds to the Index and in
such cases would count towards the Fund's 80% Investment Policy.
---------------------------------------------------------------------------

    \11\ The Exchange states that the Fund's policy to invest 80% of
its total assets in securities that comprise the Fund's benchmark
index (``80% Investment Policy'') is non-fundamental and may be
changed without shareholder approval upon 60 days' prior written
notice to shareholders. The Exchange notes that, notwithstanding the
foregoing, all statements and representations made in the filing
regarding (a) the description of the portfolio, (b) limitations on
portfolio holdings or reference assets (including, for example, the
Fund's 80% Investment Policy), or (c) the applicability of Exchange
rules and surveillance procedures shall constitute continued listing
requirements for listing the Shares on the Exchange. The issuer has
represented to the Exchange that it will advise the Exchange of any
failure by the Fund to comply with the continued listing
requirements (or any changes made with respect to the Fund's 80%
Investment Policy), and, pursuant to its obligations under Section
19(g)(1) of the Act, the Exchange will surveil for compliance with
the continued listing requirements. If the Fund is not in compliance
with the applicable listing requirements, the Exchange will commence
delisting procedures under Exchange Rule 14.12.
    \12\ The Fund's policy to invest 80% of its assets in municipal
securities is a fundamental investment policy that cannot be changed
without the approval of the holders of a majority of the Fund's
outstanding voting securities.
---------------------------------------------------------------------------

B. Exchange's Description of the Fund's Other Investments

    While the Fund normally will invest at least 80% of its total
assets in securities that compose the Index, as described above, the
Fund may invest its remaining assets in the other financial instruments
described below.
    The Fund may invest its remaining assets in the following
instruments: Municipal bonds not included in the Index; money market
instruments, including repurchase agreements or other funds which
invest exclusively in money market instruments; convertible securities;
structured notes; certain derivative instruments described below; and,
to the extent permitted by the 1940 Act, affiliated and unaffiliated
funds, such as open-end or closed-end management investment companies,
including other exchange-traded funds (``ETFs'').\13\ WIs not included
in the Index may also be used by the Fund in managing cash flows. The
Fund may use exchange-traded futures contracts and exchange-traded
options thereon, together with positions in cash and money market
instruments, to simulate full investment in the Index. The Fund may use
cleared or non-cleared index, interest rate or credit default swap
agreements. The Fund may invest in exchange-traded warrants. The Fund
may invest in participation notes.
---------------------------------------------------------------------------

    \13\ For purposes of this filing, ETFs include Index Fund Shares
(as described in Rule 14.11(c)); Portfolio Depositary Receipts (as
described in Rule 14.11(b)); and Managed Fund Shares (as described
in Rule 14.11(i)). All ETFs will be listed and traded in the U.S. on
registered exchanges. The Fund may invest in the securities of ETFs
registered under the 1940 Act consistent with the requirements of
Section 12(d)(1) of the 1940 Act, or any rule, regulation or order
of the Commission or interpretation thereof. While the Fund may
invest in inverse ETFs, the Fund will not invest in leveraged or
inverse leveraged (e.g., 2X, -2X, 3X or -3X) ETFs.
---------------------------------------------------------------------------

C. Exchange's Description of the Index

    The Exchange is submitting this proposed rule change because the
Index for the Fund does not meet all of the generic listing
requirements of BZX Rule 14.11(c)(4) applicable to index fund shares
based on fixed income securities indexes. The Exchange states that the
Index meets all such requirements except for those set forth in BZX
Rule 14.11(c)(4)(B)(i)(b).\14\ BZX Rule 14.11(c)(4)(B)(i)(b) provides
that components that in the aggregate account for at least 75% of the
weight of the index or portfolio each shall have a minimum original
principal amount outstanding of $100 million or more. As of November
30, 2016, 25.04% of the weight of the Index components have a minimum
original principal amount outstanding of $100 million or more.
---------------------------------------------------------------------------

    \14\ The Exchange states that, except for BZX Rule
14.11(c)(4)(B)(i)(b), the Index currently satisfies and will
continue to satisfy all of the generic listing standards under BZX
Rule 14.11(c)(4). The Exchange also states that the continued
listing standards under BZX Rule 14.11(c) applicable to index fund
shares shall apply to the Shares.
---------------------------------------------------------------------------

    According to the Exchange, as of November 30, 2016, there were
50,615 issues in the Index, and 86.49% of the weight of the Index
components was comprised of individual maturities that were part of an
entire municipal bond offering with a minimum original principal amount
outstanding $100 million or more for all maturities of the offering. In
addition, the total dollar amount outstanding of issues in the Index
was approximately $1.5 trillion and the average dollar amount
outstanding of issues in the Index was approximately $30.4 million.
Further, the most heavily weighted component represented 1.57% of the
weight of the Index and the five most heavily weighted components
represented 3.93% of the weight of the Index. Finally, 63.8% of the
Index weight consisted of issues with a rating of AA/Aa2 or higher.

III. Proceedings To Determine Whether To Approve or Disapprove SR-
BatsBZX-2017-07, as Modified by Amendment No. 1, and Grounds for
Disapproval Under Consideration

    The Commission is instituting proceedings pursuant to Section
19(b)(2)(B) of the Act \15\ to determine whether the proposed rule
change, as modified by Amendment No. 1, should be approved or
disapproved. Institution

of such proceedings is appropriate at this time in view of the legal
and policy issues raised by the proposed rule change. Institution of
proceedings does not indicate that the Commission has reached any
conclusions with respect to any of the issues involved. Rather, as
described below, the Commission seeks and encourages interested persons
to provide comments on the proposed rule change, as modified by
Amendment No. 1.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

    Pursuant to Section 19(b)(2)(B) of the Act,\16\ the Commission is
providing notice of the grounds for disapproval under consideration.
The Commission is instituting proceedings to allow for additional
analysis of the proposal's consistency with Section 6(b)(5) of the Act,
which requires, among other things, that the rules of a national
securities exchange be ``designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade,'' and ``to protect investors and the public
interest.'' \17\ As noted above, the Exchange is submitting this
proposed rule change because the Index for the Fund does not meet the
requirements set forth in BZX Rule 14.11(c)(4)(B)(i)(b). In the
proposal, the Exchange described certain characteristics of the Index
as of November 30, 2016,\18\ and stated its belief that the Index is
sufficiently broad-based to deter potential manipulation and that the
Index securities are sufficiently liquid to deter potential
manipulation. However, the Commission notes that the Exchange did not
provide, for the continued listing of the Shares, parameters around the
extent to which the Index may change from those characteristics. The
Commission seeks commenters' views on whether the Exchange's statements
and representations support a determination that the listing and
trading of the Shares would be consistent with Section 6(b)(5) of the
Act, which, among other things, requires that the rules of an exchange
be designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, and to protect
investors and the public interest.
---------------------------------------------------------------------------

    \16\ Id.
    \17\ 15 U.S.C. 78f(b)(5).
    \18\ See supra Section II.C.
---------------------------------------------------------------------------

IV. Procedure: Request for Written Comments

    The Commission requests that interested persons provide written
submissions of their views, data, and arguments with respect to the
issues identified above, as well as any other concerns they may have
with the proposal. In particular, the Commission invites the written
views of interested persons concerning whether the proposal is
consistent with Section 6(b)(5) or any other provision of the Act, or
the rules and regulations thereunder. Although there do not appear to
be any issues relevant to approval or disapproval that would be
facilitated by an oral presentation of views, data, and arguments, the
Commission will consider, pursuant to Rule 19b-4, any request for an
opportunity to make an oral presentation.\19\
---------------------------------------------------------------------------

    \19\ Section 19(b)(2) of the Act, as amended by the Securities
Acts Amendments of 1975, Public Law 94-29 (June 4, 1975), grants the
Commission flexibility to determine what type of proceeding--either
oral or notice and opportunity for written comments--is appropriate
for consideration of a particular proposal by a self-regulatory
organization. See Securities Acts Amendments of 1975, Senate Comm.
on Banking, Housing & Urban Affairs, S. Rep. No. 75, 94th Cong., 1st
Sess. 30 (1975).
---------------------------------------------------------------------------

    Interested persons are invited to submit written data, views, and
arguments regarding whether the proposal should be approved or
disapproved by June 7, 2017. Any person who wishes to file a rebuttal
to any other person's submission must file that rebuttal by June 21,
2017. The Commission asks that commenters address the sufficiency of
the Exchange's statements in support of the proposal, which are set
forth in Amendment No. 1,\20\ in addition to any other comments they
may wish to submit about the proposed rule change.
---------------------------------------------------------------------------

    \20\ See supra note 4.
---------------------------------------------------------------------------

    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-BatsBZX-2017-07 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BatsBZX-2017-07. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; 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-BatsBZX-2017-07 and should
be submitted on or before June 7, 2017. Rebuttal comments should be
submitted by June 21, 2017.
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    \21\ 17 CFR 200.30-3(a)(57).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\21\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-09932 Filed 5-16-17; 8:45 am]
BILLING CODE 8011-01-P