[Federal Register: May 15, 2006 (Volume 71, Number 93)]
[Rules and Regulations]
[Page 27962-27964]
[DOCID:fr15my06-6]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[Docket No. EPA-R02-OAR-2005-NY-0001; FRL-8169-9]

Air Quality Redesignation for the 8-Hour Ozone National Ambient
Air Quality Standards; New York State

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency is redesignating the
Syracuse metropolitan area from unclassifiable to attainment for the 8-
hour ozone National Ambient Air Quality Standard (NAAQS). The counties
comprising this area are Onondaga, Madison, Cayuga and Oswego in the
State of New York. This redesignation to attainment is appropriate
because the State of New York requested redesignation and the Syracuse
area has attained the ozone health standard based on the most recent
data available.

DATES: Effective Date: This rule will become effective on June 14,
2006.

FOR FURTHER INFORMATION CONTACT: Robert Kelly at<PHONE_NUMBER> or by e-
mail at<EMAIL_ADDRESS>
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R02-OAR-2005-NY-0001. All documents in the
docket are listed on the http://www.regulations.gov Web site. Although

listed in the index, some information may not be publicly available,
i.e., CBI or other information whose disclosure is restricted by
statute. Certain other material, such as copyrighted material, is not
placed on the Internet and will be publicly available only in hard copy
form. Publicly available docket materials are available either
electronically through http://www.regulations.gov or in hard copy at

the Environmental Protection Agency, Region II Office, Air Programs
Branch, 290 Broadway, 25th Floor, New York, New York 10007-1866.
    EPA requests that if at all possible, you contact the contact
listed in the FOR FURTHER INFORMATION CONTACT section to schedule your
inspection. The Regional Office's official hours of business are Monday
through Friday, 8:30 to 4:30 excluding legal holidays.
    In addition, copies of the state submittals are available at the
following addresses for inspection during normal business hours:
    New York State Department of Environmental Conservation, Division
of Air Resources, 625 Broadway, 2nd Floor, Albany, New York 12233.
    Environmental Protection Agency, Air and Radiation Docket and
Information Center, Air Docket, Room B-108, 1301 Constitution Avenue,
(Mail Code 6102T) NW., Washington DC 20460.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' or
``our'' is used, we mean EPA. This section provides additional
information by addressing the following questions:

I. What Action Is EPA Taking?
II. What Is the Background for This Action?
III. What Are the Statutory and Regulatory Requirements for
Designations and Redesignations?
IV. What Is EPA's Response to Comments on the Redesignation?
V. What Air Quality Information Shows That the Syracuse Area Attains
the Ozone Standard?
VI. Conclusion
VII. Statutory and Executive Order Reviews

I. What Action Is EPA Taking?

    Consistent with the applicable requirements in section 107(d)(3) of
the Clean Air Act and the regulatory requirements in 40 CFR part 50,
appendix I and based on the 8-hour ozone air quality data for the 2003
through 2005 time period, we are redesignating the Syracuse area, which
is comprised of Onondaga, Madison, Cayuga, and Oswego Counties in New
York from unclassifiable to attainment for the 8-hour ozone standard.
The basis for this action is described in more detail below and in the
July 7, 2005 proposed rule referenced below.

II. What Is the Background for This Action?

    The EPA published a final rule (69 FR 23858; April 30, 2004)
promulgating designations for the 8-hour ozone NAAQS. That action
designated the four-county Syracuse metropolitan area as unclassifiable
and provided that the designation was effective on June 15, 2004.
    Our initial designation of the Syracuse area was based on a review
of ozone data from 2001 through 2003. In that action, we stated that we
would review all available information and make an attainment or
nonattainment decision after reviewing the 2004 ozone data.
    On December 14, 2004, the New York State Department of
Environmental Conservation asked EPA to complete its planned review of
2004's air quality data and requested EPA to redesignate the Syracuse
area to attainment of the 8-hour ozone standard. On July 7, 2005, after
reviewing the air quality data for the 3-year period ending 2004, we
published a proposal (70 FR 39215) to redesignate the Syracuse area
from unclassifiable to attainment. We received two comments on the
redesignation, which are addressed in the section ``What is EPA's
Response to Comments on the Redesignation?''

III. What Are the Statutory Requirements for Designations and
Redesignations?

    Section 107(d) of the Clean Air Act sets forth the criteria and
process for designations and redesignations. An explanation of
statutory requirements

for the 8-hour ozone designations that became effective on June 15,
2004, and the actions EPA took to meet those requirements, can be found
in the final rule that established the designations (69 FR 23858; April
30, 2004). In section 107(d)(3), the Clean Air Act addresses
redesignations and provides that the Administrator or the Governor of a
state may initiate the redesignation process. One of the bases for
redesignation under that section is air quality data. To determine
whether an area is attaining the 8-hour ozone NAAQS, we consider the
most recent 3 consecutive years of data in accordance with 40 CFR part
50, appendix I, EPA's Guideline on Data Handling Conventions for the 8-
Hour Ozone NAAQS (December 1998). For the purpose of this final
rulemaking, we reviewed the ozone data from 2002 through 2004 and have
examined the data for 2005 as well.

IV. What Is EPA's Response to Comments on the Redesignation?

    EPA received two letters commenting on the proposed redesignation.
One letter, from the American Lung Association of New York State, urged
EPA to designate the Syracuse area as nonattainment for the 8-hour
ozone standard, disagreeing with EPA's original designation of
unclassifiable for the area. The American Lung Association also
disagreed with EPA's method for determining the attainment status of
the area, and asked EPA to wait and use data from 2005 before moving
ahead with any redesignation to attainment.
    The original designation of unclassifiable, was made by EPA on
April 30, 2004 at 69 FR 23858. Any concerns regarding that action
should have been raised in the context of that rulemaking action and/or
in a challenge to that final action. EPA has not re-opened the issue of
the area's initial designation in this ruling.
    As for the American Lung Association's request that EPA use data
from the 2005 ozone season, EPA notes New York State requested
redesignation based on data from the 2002-2004 ozone seasons and that
information formed the basis for our proposed approval of the
redesignation request. However, we have examined the air quality data
from 2005 and data from the 3-year period of 2003-2005 also indicate
that the area is in attainment with the 8-hour ozone standard.
Therefore, based on data from 2002 through 2004 and 2003 through 2005,
using the method established by EPA for evaluating the attainment
status of ozone monitors, all of the ozone monitors in the Syracuse
area are attaining the ozone standard.
    The other letter, from the Onondaga County Executive, supported
EPA's proposed redesignation of the Syracuse area to attainment.

V. What Air Quality Information Shows That the Syracuse Area Attains
the Ozone Standard?

    As we proposed in July 2005, the air quality data submitted by New
York in support of redesignation indicates that the Syracuse area was
attaining the 8-hour ozone standard based on the three most recent
years of data--2002-2004. More recent information continues to support
redesignation to attainment of the Syracuse area. On January 25, 2006,
the New York State Department of Environmental Conservation certified
the air quality data for 2005 is complete, accurate and meeting EPA's
quality assurance requirements. Based on our independent review of
these data, which the State submitted to EPA's database, we agree with
the State's assessment.
    Consistent with 40 CFR part 50, appendix I, section 2.3, paragraph
(d)(1), the 8-hour ozone standard is met if the design value is less
than 0.085 parts per million (ppm). In Appendix I, the design value is
defined as the average value of the annual fourth highest daily maximum
that occurred over the most recent three year period. The design value
for the monitors in the Syracuse area for the three year period 2002-
2004 are: East Syracuse 0.079 ppm, Georgetown 0.077 ppm. In addition
the design value for the most recent three years of data, 2003 to 2005
are: East Syracuse 0.074 ppm, Georgetown 0.073 ppm and Fulton 0.082
ppm. Note the Fulton monitor is new and did not have the three years of
data required by EPA's guidance for air quality designations. Also, a
monitor outside the Syracuse metropolitan area in Oneida County, which
was set up as the downwind peak ozone monitor for the Syracuse area,
had design values of 0.078 ppm for the three year period 2002-2004 and
0.072 ppm for the three year period 2003-2005. These monitored design
values are less than the 0.085 ppm ozone standard set by EPA. Since the
monitors are attaining the ozone standard using the most recent data,
the eight-hour ozone NAAQS has been attained in the Syracuse area and
we are redesignating the area to attainment.

VI. Conclusion

    Because the Syracuse area has met all the requirements for
redesignation to attainment, including meeting the 8-hour ozone health
standard based on the latest data, we are redesignating the area,
comprised of Onondaga, Madison, Cayuga, and Oswego Counties in New
York, to attainment for the 8-hour ozone standard.

VII. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely designates an area for planning purposes based on air quality,
and does not establish any new regulations. Accordingly, the
Administrator certifies that this rule will not have a significant
economic impact on a substantial number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). The redesignation is
an action which affects the status of a geographic area but does not
impose any new requirements on governmental entities or sources.
Therefore because it does not impose any additional enforceable duty,
it does not contain any unfunded mandate or significantly or uniquely
affect small governments, as described in the Unfunded Mandates Reform
Act of 1995 (Pub. L. 104-4).
    The Onondaga and Oneida Tribes are located within the Syracuse
area. The redesignation of the Syracuse area from unclassifiable to
attainment will not create any new or burdensome requirements upon the
tribes. Therefore, this redesignation does not have tribal implications
because it will 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, as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000). This action also
does not have Federalism implications because it does not have
substantial direct effects 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, as
specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This
action merely establishes the attainment status, and does not alter the
relationship or the distribution of power and responsibilities
established in the CAA. This rule also is not subject to Executive

Order 13045 ``Protection of Children from Environmental Health Risks
and Safety Risks'' (62 FR 19885, April 23, 1997), because it is not
economically significant.
    In reviewing state redesignation requests, EPA's role is to approve
state choices, provided that they meet the criteria of the CAA. In this
context, in the absence of a prior existing requirement for the State
to use voluntary consensus standards (VCS), EPA has no authority to
disapprove a redesignation request for failure to use VCS. It would
thus be inconsistent with applicable law for EPA, when it reviews a
state recommendation, to use VCS in place of a state request that
otherwise satisfies the provisions of the CAA. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by July 14, 2006. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 81

    Environmental protection, Air pollution control, National parks,
Wilderness areas.

    Dated: April 28, 2006.
Alan J. Steinberg,
Regional Administrator, Region 2.

0
Chapter I, title 40 of the Code of Federal Regulations is amended as
follows:

PART 81--[AMENDED]

0
1. The authority citation for part 81 continues to read as follows:

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

0
2. In Sec.  81.333, the table entitled ``New York-Ozone (8-Hour
Standard)'' is amended by removing footnote
[bs]b[bs] and revising the entry for
Syracuse to read as follows:

Sec.  81.333  New York.

* * * * *

                                        New York-Ozone (8-Hour Standard)
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                                              Designation \a\                     Category/classification
        Designation area         -------------------------------------------------------------------------------
                                       Date \1\              Type              Date \1\              Type
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Syracuse, NY:
    Cayuga County...............  June 14, 2006.....  Attainment.                             ..................
    Madison County..............  June 14, 2006.....  Attainment.
    Onondaga County.............  June 14, 2006.....  Attainment.
    Oswego County...............  June 14, 2006.....  Attainment.

                                                 * * * * * * *
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\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is June 15, 2004, unless otherwise noted.

[FR Doc. 06-4517 Filed 5-12-06; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register: October 1, 2010 (Volume 75, Number 190)]
[Notices]
[Page 60832-60833]
[DOCID:fr01oc10-109]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. IC-29440]

Notice of Applications for Deregistration Under Section 8(f) of
the Investment Company Act of 1940

September 24, 2010.
    The following is a notice of applications for deregistration under
section 8(f) of the Investment Company Act of 1940 for the month of
September, 2010. A copy of each application may be obtained via the
Commission's Web site by searching for the file number, or an applicant
using the Company name box, at http://www.sec.gov/search/search.htm or
by calling<PHONE_NUMBER>. An order granting each application will be
issued unless the SEC orders a hearing. Interested persons may request
a hearing on any application by writing to the SEC's Secretary at the
address below and serving the relevant applicant with a copy of the
request, personally or by mail. Hearing requests should be received by
the SEC by 5:30 p.m. on October 19, 2010, and should be accompanied by
proof of service on the applicant, in the form of an affidavit or, for
lawyers, a certificate of service. Hearing requests should state the
nature of the writer's interest, the reason for the request, and the
issues contested. Persons who wish to be notified of a hearing may
request notification by writing to the Secretary, U.S. Securities and
Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090.

FOR FURTHER INFORMATION CONTACT: Diane L. Titus at<PHONE_NUMBER>, SEC,
Division of Investment Management, Office of Investment Company
Regulation, 100 F Street, NE., Washington, DC 20549-4041.

Ashport Mutual Fund Trust [File No. 811-10301]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On August 15, 2008, applicant made a
liquidating distribution to its shareholders, based on net asset value.
Expenses of $2,231 incurred in connection with the liquidation were
paid by State Trust Capital, applicant's investment adviser.
    Filing Dates: The application was filed on August 24, 2009, and
amended on September 1, 2010.
    Applicant's Address: 800 Brickell Ave., Suite 100, Miami, FL 33131.

First Trust Value Line R & Ibbotson Equity Allocation Fund [File No.
811-21517]

    Summary: Applicant, a closed-end investment management, seeks an
order declaring that it has ceased to be an investment company. On
December 8, 2006, applicant made a liquidating distribution to its
shareholders, based on net asset value. Expenses of approximately
$259,859 incurred in connection with the liquidation were paid by
applicant and First Trust Advisors L.P., applicant's investment
adviser.
    Filing Dates: The application was filed on May 28, 2009, and
amended on September 17, 2010.
    Applicant's Address: 120 East Liberty Dr., Suite 400, Wheaton, IL
60187.

First Trust Value Line R 100 Fund [File No. 811-21336]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. On June 15,
2007, applicant transferred its assets to a corresponding series of
First Trust Exchange-Traded Fund, based on net asset value. Expenses of
approximately $99,040 incurred in connection with the reorganization
were paid by First Trust Advisors L.P., applicant's investment adviser.
    Filing Dates: The application was filed on May 28, 2009, and
amended on September 15, 2010.
    Applicant's Address: 120 East Liberty Dr., Suite 400, Wheaton, IL
60187.

First Trust Value Line Dividend Fund [File No. 811-21381]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. On December
15, 2006, applicant transferred its assets to a corresponding series of
First Trust Exchange-Traded Fund, based on net asset value. Expenses of
approximately $199,034 incurred in connection with the reorganization
were paid by applicant and First Trust Advisors L.P., applicant's
investment adviser.
    Filing Dates: The application was filed on May 28, 2009, and
amended on September 15, 2010.
    Applicant's Address: 120 East Liberty Dr., Suite 400, Wheaton, IL
60187.

M&I Special Institutional Funds, Inc. [File No. 811-22232]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. Applicant has never made a public offering of
its securities and does not propose to make a public offering or engage
in business of any kind.
    Filing Dates: The application was filed on August 24, 2010, and
amended on September 22, 2010.
    Applicant's Address: 111 East Kilbourn Ave., Suite 200, Milwaukee,
WI 53202.

DWS Advisor Funds III [File No. 811-6576]

DWS Investments Trust [File No. 811-8006]

DWS RREEF Securities Trust [File No. 811-9589]

    Summary: Each applicant seeks an order declaring that it has ceased
to be an investment company. On July 10, 2006, August 21, 2006, and
July 10, 2006, respectively, applicants transferred their assets to
corresponding series of DWS Advisor Funds, based on net asset value.
Applicants incurred no expenses in connection with the reorganizations.
    Filing Dates: The applications were filed on August 11, 2010, and
amended on September 23, 2010.
    Applicants' Address: 345 Park Ave., New York, NY 10154.

DWS Advisor Funds II [File No. 811-7347]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On July 10, 2006, applicant transferred its
assets to DWS U.S. Bond Index Fund and DWS EAFE Equity Index Fund, each
a series of DWS Institutional Funds, based on net asset value.
Applicant incurred no expenses in connection with the reorganization.
    Filing Dates: The application was filed on August 11, 2010, and
amended on September 23, 2010.
    Applicant's Address: 345 Park Ave., New York, NY 10154.

OFI Tremont Core Strategies Hedge Fund [File No. 811-21110]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. On August 1,
2010, applicant made a final liquidating distribution to its
shareholders, based on net asset value. Applicant incurred no expenses
in connection with the liquidation.

    Filing Date: The application was filed on August 27, 2010.
    Applicant's Address: 6803 S. Tucson Way, Centennial, CO 80112.

Sycuan Funds [File No. 811-21401]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On February 1, 2010, applicant made a
liquidating distribution to its shareholders, based on net asset value.
Expenses of $600 incurred in connection with the liquidation were paid
by Sycuan Capital Management, Inc., applicant's investment adviser.
    Filing Date: The application was filed on September 9, 2010.
    Applicant's Address: 1530 Hilton Head Rd., Suite 210, El Cajon, CA
92019.

SGM Funds [File No. 811-22247]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On May 14, 2010, applicant made its final
liquidating distribution to its shareholders, based on net asset value.
Expenses of $2,050 incurred in connection with the liquidation were
paid by SGM Funds Management, LLC, applicant's investment adviser.
    Filing Dates: The application was filed on June 30, 2010, and
amended on September 14, 2010.
    Applicant's Address: 8000 Town Centre Dr., Suite 400, Broadview
Heights, OH 44147.

National Retail Fund I [File No. 811-22197]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. Applicant has
never made a public offering of its securities and does not propose to
make a public offering or engage in business of any kind.
    Filing Date: The application was filed on September 15, 2010.
    Applicant's Address: 4020 S. 147th St., Omaha, NE 68137.

Federated International Small Company Opportunity Fund [File No. 811-
10131]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. Applicant has
never made a public offering of its securities and does not propose to
make a public offering or engage in business of any kind.
    Filing Date: The application was filed on September 14, 2010.
    Applicant's Address: Federated Investors Funds, 4000 Ericsson Dr.,
Warrendale, PA 15086-7561.

MLIG Variable Insurance Trust [File No. 811-21038]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On September 11, 2009, October 23, 2009, and
June 22, 2010, applicant made liquidating distributions to its
shareholders, based on net asset value. Expenses of approximately
$186,650 incurred in connection with the liquidation were paid by
Roszel Advisors, LLC, applicant's investment adviser.
    Filing Date: The application was filed on June 29, 2010.
    Applicant's Address: 1700 Merrill Lynch Drive, Pennington, NJ
08534.

Modern Woodmen of America Variable Account [File No. 811-10497]

    Summary: Applicant, a unit investment trust, seeks an order
declaring that it has ceased to be an investment company. All
previously issued policies have been surrendered and the applicant has
distributed all of its assets to its shareholders. Applicant incurred
expenses of $6,959.50 in connection with the liquidation.
    Filing Dates: The application was filed on June 8, 2010, and
amended on August 31, 2010.
    Applicant's Address: 1701 1st Avenue, Rock Island, Illinois 61201.

Kemper Investors Life Insurance Company Separate Account--3 [File No.
811-22161]

    Summary: Applicant, a unit investment trust registered under the
Investment Company Act of 1940, seeks an order declaring that it has
ceased to be an investment company. Applicant states that it has no
contractowners and no outstanding contracts that allocate premiums and
contract value to the Separate Account. The contract registered on Form
N-4 and offered out of the Separate Account (File No. 333-148489) was
sold to only one (1) contractowner; that sale occurred on April 20,
2009. That one (1) contract was surrendered on November 24, 2009.
Because the Depositor has decided to discontinue sales of the contract
and has no plans to develop any other variable annuity contracts that
would be supported by the Separate Account, and because there are
currently no assets in the Separate Account or its subaccounts, the
Depositor has determined that it will not use the Separate Account as a
funding medium to support reserves for future sales of any other
variable annuity contract and that the Separate Account should be
deregistered.
    Filing Dates: The application was filed on March 24, 2010 and an
amended application was filed on September 22, 2010.
    Applicant's Address: 1400 American Lane, Schaumburg, IL 60196.

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-24605 Filed 9-30-10; 8:45 am]
BILLING CODE 8010-01-P


[Federal Register Volume 84, Number 223 (Tuesday, November 19, 2019)]
[Rules and Regulations]
[Pages 63808-63809]
[FR Doc No: 2019-24945]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 721

[EPA-HQ-OPPT-2017-0464; FRL-10001-43]
RIN 2070-AB27

Significant New Use Rules on Certain Chemical Substances (17-3);
Technical Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical correction.

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SUMMARY: EPA issued a final rule in the Federal Register of September
18, 2019 for 19 chemical substances that were the subject of
premanufacture notices (PMNs). For the chemical substance that was the
subject of PMN P-17-170, EPA made several errors when including hazard
communication requirements. Certain references are inconsistent with
the hazards identified for this chemical substance by EPA. This
document is being issued to correct these errors.

DATES: This technical correction is effective on November 19, 2019.

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPPT-2017-0464, is available at
http://www.regulations.gov or at the Office of Pollution Prevention and
Toxics Docket (OPPT Docket), Environmental Protection Agency Docket
Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the OPPT Docket is (202) 566-
0280. Please review the visitor instructions and additional information
about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT:
    For technical information contact: Kenneth Moss, Chemical Control
Division, Office of Pollution Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. What does this technical correction do?

    EPA issued a final rule in the Federal Register of September 18,
2019 (84 FR 49025) (FRL-9998-12) for significant new uses for 19
chemical substances that were the subject of PMN notices. EPA made
several errors when specifying hazard communication requirements for
the chemical substance listed in the significant new use rule (SNUR)
codified in 40 CFR 721.11107 (PMN P-17-170). This action corrects these
errors as follows:
     In 40 CFR 721.11107--Alkanediol, 2,2-bis (substituted
alkyl)-polymer with substituted alkane, heteromonocycles, alkenoate
(generic); the hazard communication requirements in paragraph
(a)(2)(ii) of the SNUR will be corrected to remove the reference to 40
CFR 721.72(g)(1)(v) and instead reference 40 CFR 721.72(g)(1)(iv). It
will also be corrected to remove the reference to 40 CFR 721.72(g)(4).

II. Why is this correction issued as a final rule?

    Section 553 of the Administrative Procedure Act (APA) (5 U.S.C.
553(b)(3)(B)) provides that, when an Agency for good cause finds that
notice and public procedure are impracticable, unnecessary or contrary
to the public interest, the Agency may issue a final rule without
providing notice and an opportunity for public comment. EPA has
determined that there is good cause for making this technical
correction final without prior proposal and opportunity for comment.
Correcting the hazard communication requirements specified in the
September 18, 2019 SNUR is necessary for the proper identification of
the human health and environmental hazards associated with PMN
substance P-17-170 consistent with the associated TSCA section 5(e)
Order for the substance. EPA finds that this constitutes good cause
under 5 U.S.C. 553(b)(3)(B).

III. Do any of the statutory and Executive Order reviews apply to this
action?

    No. For a detailed discussion concerning the statutory and
Executive Order review, refer to Unit XII. of the September 18, 2019
final rule.

IV. Congressional Review Act (CRA)

    Pursuant to the CRA (5 U.S.C. 801 et seq.), EPA will submit a
report containing this rule and other required information to the U.S.
Senate, the U.S. House of Representatives, and the Comptroller General
of the United

States prior to publication of the rule in the Federal Register. This
action is not a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 721

    Environmental protection, Chemicals, Hazardous substances,
Reporting and recordkeeping requirements.

    Dated: November 5, 2019.
Tala Henry,
Deputy Director, Office of Pollution Prevention and Toxics.

    Therefore, 40 CFR part 721 is corrected as follows:

PART 721--[AMENDED]

0
1. The authority citation for part 721 continues to read as follows:

    Authority: 15 U.S.C. 2604, 2607, and 2625(c).

0
2. In Sec.  721.11107, revise paragraph (a)(2)(ii) to read as follows:

Sec.  721.11107   Alkanediol, 2,2-bis (substituted alkyl)-polymer with
substituted alkane, heteromonocycles, alkenoate (generic).

    (a) * * *
    (2) * * *
    (ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set 0.1 percent), (f), (g)(1)(i),
(ii), (iv), (vii), (ix), (respiratory sensitization), (g)(2)(i), (v),
and (g)(5). Alternative hazard and warning statements that meet the
criteria of the Globally Harmonized System and OSHA Hazard
Communication Standard may be used.
* * * * *
[FR Doc. 2019-24945 Filed 11-18-19; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 235 (Friday, December 6, 2019)]
[Notices]
[Pages 66916-66918]
[FR Doc No: 2019-26327]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket Nos. FDA-2019-E-1076 and FDA-2019-E-1079]

Determination of Regulatory Review Period for Purposes of Patent
Extension; PALYNZIQ

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA or the Agency) has
determined the regulatory review period for PALYNZIQ and is publishing
this notice of that determination as required by law. FDA has made the
determination because of the submission of applications to the Director
of the U.S. Patent and Trademark Office (USPTO), Department of
Commerce, for the extension of a patent which claims that human
biological product.

DATES: Anyone with knowledge that any of the dates as published (see
SUPPLEMENTARY INFORMATION) are incorrect may submit either electronic
or written comments and ask for a redetermination by February 4, 2020.
Furthermore, any interested person may petition FDA for a determination
regarding whether the applicant for

extension acted with due diligence during the regulatory review period
by June 3, 2020. See ``Petitions'' in the SUPPLEMENTARY INFORMATION
section for more information.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. Electronic comments
must be submitted on or before February 4, 2020. The https://www.regulations.gov electronic filing system will accept comments until
11:59 p.m. Eastern Time at the end of February 4, 2020. Comments
received by mail/hand delivery/courier (for written/paper submissions)
will be considered timely if they are postmarked or the delivery
service acceptance receipt is on or before that date.

Electronic Submissions

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

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2019-E-1076 and FDA-2019-E-1079 For ``Determination of Regulatory
Review Period for Purposes of Patent Extension; PALYNZIQ.'' Received
comments, those filed in a timely manner (see ADDRESSES), will be
placed in the docket and, except for those submitted as ``Confidential
Submissions,'' publicly viewable at https://www.regulations.gov or at
the Dockets Management Staff between 9 a.m. and 4 p.m., Monday through
Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with Sec.  10.20 (21 CFR 10.20) and
other applicable disclosure law. For more information about FDA's
posting of comments to public dockets, see 80 FR 56469, September 18,
2015, or access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Beverly Friedman, Office of Regulatory
Policy, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
51, Rm. 6250, Silver Spring, MD 20993,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    The Drug Price Competition and Patent Term Restoration Act of 1984
(Pub. L. 98-417) and the Generic Animal Drug and Patent Term
Restoration Act (Pub. L. 100-670) generally provide that a patent may
be extended for a period of up to 5 years so long as the patented item
(human drug product, animal drug product, medical device, food
additive, or color additive) was subject to regulatory review by FDA
before the item was marketed. Under these acts, a product's regulatory
review period forms the basis for determining the amount of extension
an applicant may receive.
    A regulatory review period consists of two periods of time: A
testing phase and an approval phase. For human biological products, the
testing phase begins when the exemption to permit the clinical
investigations of the biological product becomes effective and runs
until the approval phase begins. The approval phase starts with the
initial submission of an application to market the human biological
product and continues until FDA grants permission to market the
biological product. Although only a portion of a regulatory review
period may count toward the actual amount of extension that the
Director of USPTO may award (for example, half the testing phase must
be subtracted as well as any time that may have occurred before the
patent was issued), FDA's determination of the length of a regulatory
review period for a human biological product will include all of the
testing phase and approval phase as specified in 35 U.S.C.
156(g)(1)(B).
    FDA has approved for marketing the human biologic product PALYNZIQ
(pegvaliase-pqpz). PALYNZIQ is indicated to reduce blood phenylalanine
concentrations in adult patients with phenylketonuria who have
uncontrolled blood phenylalanine concentrations greater than 600
micromole/L on existing management. Subsequent to this approval, the
USPTO received patent term restoration applications for PALYNZIQ (U.S.
Patent Nos. 7,534,595 and 7,537,923) from Biomarin Pharmaceutical Inc.,
and the USPTO requested FDA's assistance in determining a patent's
eligibility for patent term restoration. In a letter dated May 13,
2019, FDA advised the USPTO that this human biological product had
undergone a regulatory review period and that the approval of PALYNZIQ
represented the first permitted

commercial marketing or use of the product. Thereafter, the USPTO
requested that FDA determine the product's regulatory review period.

II. Determination of Regulatory Review Period

    FDA has determined that the applicable regulatory review period for
PALYNZIQ is 3,803 days. Of this time, 3,474 days occurred during the
testing phase of the regulatory review period, while 329 days occurred
during the approval phase. These periods of time were derived from the
following dates:

    1. The date an exemption under section 505(i) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 355(i)) became effective:
December 27, 2007. FDA has verified the applicant's claim that the
date the investigational new drug application became effective was
on December 27, 2007.
    2. The date the application was initially submitted with respect
to the human biological product under section 351 of the Public
Health Service Act (42 U.S.C. 262): June 30, 2017. FDA has verified
the applicant's claim that the biologics license application (BLA)
for PALYNZIQ (BLA B761079) was initially submitted on June 30, 2017.
    3. The date the application was approved: May 24, 2018. FDA has
verified the applicant's claim that BLA B761079 was approved on May
24, 2018.

    This determination of the regulatory review period establishes the
maximum potential length of a patent extension. However, the USPTO
applies several statutory limitations in its calculations of the actual
period for patent extension. In its applications for patent extension,
this applicant seeks 1,743 days of patent term extension.

III. Petitions

    Anyone with knowledge that any of the dates as published are
incorrect may submit either electronic or written comments and, under
21 CFR 60.24, ask for a redetermination (see DATES). Furthermore, as
specified in Sec.  60.30 (21 CFR 60.30), any interested person may
petition FDA for a determination regarding whether the applicant for
extension acted with due diligence during the regulatory review period.
To meet its burden, the petition must comply with all the requirements
of Sec.  60.30, including but not limited to: Must be timely (see
DATES), must be filed in accordance with Sec.  10.20, must contain
sufficient facts to merit an FDA investigation, and must certify that a
true and complete copy of the petition has been served upon the patent
applicant. (See H. Rept. 857, part 1, 98th Cong., 2d sess., pp. 41-42,
1984.) Petitions should be in the format specified in 21 CFR 10.30.
    Submit petitions electronically to https://www.regulations.gov at
Docket Nos. FDA-2013-S-0610. Submit written petitions (two copies are
required) to the Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    Dated: December 2, 2019.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2019-26327 Filed 12-5-19; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 77, Number 99 (Tuesday, May 22, 2012)]
[Notices]
[Pages 30341-30345]
[FR Doc No: 2012-12306]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67001; File No. SR-NYSEArca-2012-21]

Self-Regulatory Organizations; NYSE Arca, Inc.; Order Granting
Approval of Proposed Rule Change, as Modified by Amendment No. 1
Thereto, Relating to the Listing and Trading of the First Trust North
American Infrastructure Fund Under NYSE Arca Equities Rule 8.600

May 16, 2012.

I. Introduction

    On March 13, 2012, NYSE Arca, Inc. (``Exchange'' or ``NYSE Arca'')
filed with the Securities and Exchange Commission (``Commission''),
pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'' or ``Exchange Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to list and trade shares (``Shares'') of the First
Trust North American Infrastructure Fund (``Fund'') under NYSE Arca
Equities Rule 8.600. The proposed rule change was published for comment
in the Federal Register on April 3, 2012.\3\ The Commission received no
comments on the proposed rule change. On May 16, 2012, the Exchange
submitted Amendment No. 1 to the proposed rule change.\4\ This order
grants approval of the proposed rule change, as modified by Amendment
No. 1 thereto.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 66669 (March 28,
2012), 77 FR 20079 (``Notice'').
    \4\ In Amendment No. 1, the Exchange proposes to remove
references to the Exemptive Order (as defined herein) to clarify
that the percentage limitations with respect to the Fund's
investments in certain derivative instruments are to be imposed by
the Fund, and are not specifically imposed under the Exemptive
Order. This technical amendment does not require notice and comment
as it did not materially affect the substance of the proposed rule
change or raise any unique or novel regulatory issues.
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II. Description of the Proposed Rule Change

    The Exchange proposes to list and trade Shares of the Fund pursuant
to NYSE Arca Equities Rule 8.600, which governs the listing and trading
of Managed Fund Shares on the Exchange. The Shares will be offered by
First Trust Exchange-Traded Fund IV (``Trust''),\5\ which is organized
as a Massachusetts business trust and is registered with the Commission
as an open-end management investment company. The investment adviser to
the Fund will be First Trust Advisors L.P. (``Adviser'' or ``First
Trust''). Energy Income Partners LLC will serve as investment sub-
adviser to the Fund (``Sub-Adviser'') and provide day-to-day portfolio
management of the Fund. First Trust Portfolios L.P. will be the
principal underwriter and distributor of the Fund's Shares. Bank of New
York Mellon will serve as administrator, custodian, and transfer agent
for the Fund. The Exchange states that the Adviser and Sub-Adviser are
each affiliated with a broker-dealer and, as such, represents that each
of the Adviser and Sub-Adviser has implemented a fire wall with respect
to its broker-dealer affiliate regarding access to information
concerning the composition and/or changes to the Fund's portfolio.\6\
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    \5\ The Trust is registered under the Investment Company Act of
1940 (``1940 Act''). On July 19, 2011, the Trust filed with the
Commission a registration statement on Form N-1A under the
Securities Act of 1933 (15 U.S.C. 77a) (``Securities Act'') and
under the 1940 Act relating to the Fund (File Nos. 333-174332 and
811-22559) (``Registration Statement''). In addition, the Commission
has issued an order granting certain exemptive relief to the Trust
under the 1940 Act. See Investment Company Act Release No. 28468
(October 27, 2008) (File No. 812-13477) (``Exemptive Order'').
    \6\ See NYSE Arca Equities Rule 8.600, Commentary .06. In the
event (a) the Adviser or the Sub-Adviser becomes newly affiliated
with a broker-dealer, or (b) any new adviser or sub-adviser becomes
affiliated with a broker-dealer, it will implement a fire wall with
respect to such broker-dealer regarding access to information
concerning the composition and/or changes to the portfolio, and will
be subject to procedures designed to prevent the use and
dissemination of material non-public information regarding such
portfolio.
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First Trust North American Infrastructure Fund

    The Fund's investment objective is to seek total return with an
emphasis on current distributions and dividends paid to shareholders.
Under normal market conditions,\7\ the Fund will invest at least 80% of
its net assets (plus the amount of any borrowings for investment
purposes) in exchange-traded equity securities of companies domiciled
in the United States or Canada and deemed to be engaged in the energy
infrastructure segment of the energy and utilities sectors. Equity
securities include common stocks; preferred securities; warrants to
purchase common stocks or preferred securities; securities convertible
into common stocks or preferred securities; and other securities with
equity characteristics. Such securities may include depositary
receipts, master limited partnerships (``MLPs''), MLP I-shares (``I-
Shares'') (as described below), MLP subordinated units (as described
below), securities of pipeline and power utility companies, and
securities of Canadian energy infrastructure companies and Canadian
Energy Infrastructure Trusts \8\ (``CEITs''). The

Sub-Adviser's priority will be to focus on steady fee-for-service
income and will limit the cyclical energy exposure of the portfolio in
order to reduce the volatility of returns.
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    \7\ The term ``under normal market conditions'' includes, but is
not limited to, the absence of extreme volatility or trading halts
in the equity markets or the financial markets generally;
operational issues causing dissemination of inaccurate market
information; or force majeure type events such as systems failure,
natural or man-made disaster, act of God, armed conflict, act of
terrorism, riot or labor disruption, or any similar intervening
circumstance.
    \8\ CEITs are Canadian trusts that own or invest in companies
engaged in activities in the energy infrastructure sector, including
the exploration, mining, production, processing, transportation and
storage of energy-related resources. An investment in units of CEITs
involves risks which differ from an investment in common stock of a
corporation. CEITs generally pass revenue on to unit holders rather
than reinvesting in the business, which may lead to the sacrifice of
potential growth. CEITs generally do not guarantee minimum
distributions or return of capital. If the assets underlying a CEIT
do not perform as expected, the CEIT may reduce or eliminate
distributions. The declaration of such distributions generally
depends upon various factors, including the operating performance
and financial condition of the CEITs and general economic
conditions.
---------------------------------------------------------------------------

    The Fund may invest in U.S. dollar-denominated, exchange-listed
depositary receipts and U.S. dollar-denominated foreign (primarily
Canadian) equity securities.\9\ The Fund's investments may include
American Depositary Receipts (``ADRs''), Global Depositary Receipts
(``GDRs''), European Depositary Receipts (``EDRs'') or other depositary
receipts (collectively ``Depositary Receipts''), or New York Shares or
Global shares.\10\
---------------------------------------------------------------------------

    \9\ The foreign equity securities in which the Fund may invest,
including any Depositary Receipts (as defined herein) and/or New
York Shares and Global shares, as described herein, will be limited
to securities that trade in markets that are members of the
Intermarket Surveillance Group (``ISG''), which includes all U.S.
national securities exchanges and certain foreign exchanges, or are
parties to a comprehensive surveillance sharing agreement with the
Exchange.
    \10\ ADRs are receipts typically issued by an American bank or
trust company that evidence ownership of underlying securities
issued by a foreign corporation. EDRs are receipts issued by a
European bank or trust company evidencing ownership of securities
issued by a foreign corporation. New York Shares are typically
issued by a company incorporated in the Netherlands and represent a
direct interest in the company. GDRs are receipts issued throughout
the world that evidence a similar arrangement. ADRs, EDRs, and GDRs
may trade in foreign currencies that differ from the currency the
underlying security for each ADR, EDR, or GDR principally trades in.
Generally, ADRs and New York Shares, in registered form, are
designed for use in the U.S. securities markets. EDRs, in registered
form, are used to access European markets. GDRs, in registered form,
are traded both in the United States and in Europe and are designed
for use throughout the world. Global shares are the actual
(ordinary) shares of a non-U.S. company which trade both in the home
market and the United States. Global shares are represented by the
same share certificate in the United States and the home market.
Separate registrars in the United States and the home country are
maintained. In most cases, purchases occurring on a U.S. exchange
would be reflected on the U.S. registrar. Global shares may also be
eligible to list on exchanges in addition to the United States and
the home country.
---------------------------------------------------------------------------

    The Fund may invest in MLPs, which are limited partnerships whose
shares (or common units) are listed and traded on a U.S. securities
exchange. To qualify to be treated as a partnership for federal income
tax purposes, such an MLP must receive at least 90% of its income from
qualifying sources such as natural resource activities. Natural
resource activities include the exploration, development, mining,
production, processing, refining, transportation, storage, and
marketing of mineral or natural resources.\11\
---------------------------------------------------------------------------

    \11\ MLPs generally have two classes of owners, the general
partner and limited partners. The general partner, which is
generally a major energy company, investment fund, or the management
of the MLP, typically controls the MLP through a 2% general partner
equity interest in the MLP plus common units and subordinated units.
Limited partners own the remainder of the partnership, through
ownership of common units, and have a limited role in the
partnership's operations and management.
---------------------------------------------------------------------------

    The Fund may invest in Energy MLPs, which can generally be
classified as Midstream MLPs, Propane MLPs, and Coal MLPs.
    Midstream MLP natural gas services include the treating, gathering,
compression, processing, transmission, and storage of natural gas and
the transportation, fractionation, and storage of natural gas liquids
(primarily propane, ethane, butane, and natural gasoline). Midstream
MLP crude oil services include the gathering, transportation, storage,
and terminaling of crude oil. Midstream MLP refined petroleum product
services include the transportation (usually via pipelines, barges,
rail cars, and trucks), storage, and terminaling of refined petroleum
products (primarily gasoline, diesel fuel, and jet fuel) and other
hydrocarbon by-products. Midstream MLPs may also operate ancillary
businesses, including the marketing of the products and logistical
services.
    Propane MLP services include the distribution of propane to
homeowners for space and water heating and to commercial, industrial,
and agricultural customers. Propane serves approximately 3% of the
household energy needs in the United States, largely for homes beyond
the geographic reach of natural gas distribution pipelines. Volumes are
weather dependent, and a majority of annual cash flow is earned during
the winter heating season (October through March).
    Coal MLP services include the owning, leasing, managing,
production, and sale of coal and coal reserves. Electricity generation
is the primary use of coal in the United States. Demand for electricity
and supply of alternative fuels to generators are the primary drivers
of coal demand.
    The Fund may invest in MLP subordinated units, which are typically
issued by MLPs to their original sponsors, such as their founders,
corporate general partners of MLPs, entities that sell assets to the
MLP, and institutional investors.
    The Fund may invest in I-Shares, which represent an ownership
interest issued by an affiliated party of an MLP. The MLP affiliate
uses the proceeds from the sale of I-Shares to purchase limited
partnership interests in the MLP in the form of i-units. I-units have
similar features as MLP common units in terms of voting rights,
liquidation preference, and distributions. However, rather than
receiving cash, the MLP affiliate receives additional i-units in an
amount equal to the cash distributions received by MLP common units.
Similarly, holders of I-Shares will receive additional I-Shares, in the
same proportion as the MLP affiliates' receipt of i-units, rather than
cash distributions. I-Shares themselves have limited voting rights,
which are similar to those applicable to MLP common units. I-Shares are
listed and traded on the New York Stock Exchange LLC (``NYSE'') and
NYSE Amex LLC.
    The Fund may invest in securities of other U.S. and Canadian-listed
and traded open-end or closed-end investment companies, including
exchange-traded funds that are registered under the 1940 Act
(``ETFs''), such as ETFs listed on the Exchange under NYSE Arca
Equities Rules 5.2(j)(3) and 8.600, that invest primarily in securities
of the types in which the Fund may invest directly. The Fund also may
invest in other types of U.S. exchange-traded products, such as
exchange traded notes (``ETNs'') and exchange-traded pooled investment
vehicles (collectively, with ETNs, ``Underlying ETPs'').\12\
---------------------------------------------------------------------------

    \12\ Underlying ETPs, which will be listed on a national
securities exchange, include the following: Index-Linked Securities
(as described in NYSE Arca Equities Rule 5.2(j)(6)); Trust Issued
Receipts (as described in NYSE Arca Equities Rule 8.200); Commodity-
Based Trust Shares (as described in NYSE Arca Equities Rule 8.201);
Currency Trust Shares (as described in NYSE Arca Equities Rule
8.202); Commodity Index Trust Shares (as described in NYSE Arca
Equities Rule 8.203); Trust Units (as described in NYSE Arca
Equities Rule 8.500); and closed-end funds.
---------------------------------------------------------------------------

    The Fund may invest in the securities of ETFs in excess of the
limits imposed under the 1940 Act pursuant to exemptive orders obtained
by such ETFs and their sponsors from the Commission. Securities of
other investment companies may be leveraged; such investments will not
be used to enhance leverage and will be consistent with the Fund's
investment objective.
    Under normal market conditions, the Fund will invest substantially
all of its assets to meet its investment objective. The Fund may invest
the remainder of its assets in securities with maturities of less than
one year or cash equivalents, or it may hold cash, as described below.
The percentage of the Fund invested in such holdings will vary and
depend on

several factors, including market conditions.

Other Investments

    Cash Equivalents and Short-Term Investments. For temporary
defensive purposes and during periods of high cash inflows or outflows,
the Fund may depart from its principal investment strategies and invest
part or all of its assets in securities with maturities of less than
one year or cash or cash equivalents. The Fund may adopt a defensive
strategy when the portfolio managers believe securities in which the
Fund normally invests have elevated risks due to political or economic
factors and in other extraordinary circumstances. The Fund may, without
limit as to percentage of assets, purchase U.S. Government securities
or short-term debt securities \13\ to keep cash on hand fully invested
or for temporary defensive purposes. The use of temporary investments
will not be a part of a principal investment strategy of the Fund. The
Fund may invest in shares of money market funds to the extent permitted
by the 1940 Act.
---------------------------------------------------------------------------

    \13\ Short-term debt securities are securities from issuers
having a long-term debt rating of at least A by Standard & Poor's
Ratings Group, Moody's Investors Service, Inc., or Fitch, Inc. and
having a maturity of one year or less, and are defined to include,
without limitation, the following:
    1. U.S. Government securities, including bills, notes, and bonds
differing as to maturity and rates of interest, which are either
issued or guaranteed by the U.S. Treasury or by U.S. Government
agencies or instrumentalities.
    2. Certificates of deposit issued against funds deposited in a
bank or savings and loan association.
    3. Bankers' acceptances, which are short-term credit instruments
used to finance commercial transactions.
    4. Repurchase agreements, which involve purchases of debt
securities. In such an action, at the time the Fund purchases the
security, it will simultaneously agree to resell and redeliver the
security to the seller, who also simultaneously will agree to buy
back the security at a fixed price and time. The Fund may enter into
repurchase agreements only with respect to obligations of the U.S.
Government, its agencies, or instrumentalities; certificates of
deposit; or bankers' acceptances in which the Fund may invest. In
addition, the Fund may only enter into repurchase agreements where
the market value of the purchased securities/collateral equals at
least 100% of principal including accrued interest and is marked-to-
market daily. The Fund intends to enter into repurchase agreements
only with financial institutions and dealers believed by First Trust
to present minimal credit risks in accordance with criteria
established by the Trust's Board of Trustees. First Trust will
review and monitor the creditworthiness of such institutions. First
Trust will monitor the value of the collateral at the time the
action is entered into and at all times during the term of the
repurchase agreement. First Trust will do so in an effort to
determine that the value of the collateral always equals or exceeds
the agreed-upon repurchase price to be paid to the Fund.
    5. Bank time deposits, which are monies kept on deposit with
banks or savings and loan associations for a stated period of time
at a fixed rate of interest. There may be penalties for the early
withdrawal of such time deposits, in which case the yields of these
investments will be reduced.
    6. Commercial paper, which are short-term unsecured promissory
notes. The Fund will not invest in any master demand notes.
---------------------------------------------------------------------------

    Investments in Derivatives. The Fund may invest up to 35% of its
net assets in futures (``Futures'' or ``Futures Contracts''), interest
rate swaps, total return swaps, non-U.S. currency swaps, credit default
swaps, options, and other derivative instruments to seek to enhance
return, to hedge some of the risks of their investments in securities,
as a substitute for a position in the underlying asset, to reduce
transaction costs, to maintain full market exposure (which means to
adjust the characteristics of their investments to more closely
approximate those of the markets in which they invest), to manage cash
flows, to limit exposure to losses due to changes to non-U.S. currency
exchange rates, or to preserve capital. The Fund, under normal market
conditions, will not invest more than 20% of its net assets in such
instruments. In connection with hedging activities in which the Fund
may engage, First Trust may cause the Fund to utilize a variety of
financial instruments, including options, forward contracts, Futures
Contracts, and options on Futures Contracts to attempt to hedge the
Fund's holdings.\14\ The use of Futures is not a part of a principal
investment strategy of the Fund.\15\
---------------------------------------------------------------------------

    \14\ The Trust has filed a notice of eligibility for exclusion
from the definition of the term ``commodity pool operator'' with the
National Futures Association. The Fund will not enter into Futures
and options transactions if the sum of the initial margin deposits
and premiums paid for unexpired options exceeds 5% of the Fund's
total assets.
    \15\ Hedging or derivative instruments on securities generally
will be used to hedge against price movements in one or more
particular securities positions that the Fund owns or intends to
acquire. Such instruments may also be used to ``lock-in'' realized
but unrecognized gains in the value of portfolio securities. Hedging
instruments on stock indices, in contrast, generally are used to
hedge against price movements in broad equity market sectors in
which the Fund has invested or expects to invest. The use of hedging
instruments is subject to applicable regulations of the Commission,
the several options and Futures exchanges upon which they are
traded, the Commodity Futures Trading Commission (``CFTC'') and
various state regulatory authorities.
---------------------------------------------------------------------------

    The Fund may use derivative investments to hedge against interest
rate and market risks. The Fund may engage in various interest rate and
currency hedging transactions, including buying or selling options or
entering into other transactions including forward contracts, swaps,
and other derivatives transactions. The Fund may also engage in certain
transactions intended to hedge its exposure to currency risks due to
foreign currency denominated investments. The Fund may sell covered
calls on equity positions in the portfolio in order to enhance its
income.
    The Fund may purchase stock index options, sell stock index options
in order to close out existing positions, and/or write covered options
on stock indices for hedging purposes. Stock index options are put
options and call options on various stock indices. The Fund may enter
into Futures Contracts, including index Futures as a hedge against
movements in the equity markets, in order to hedge against changes on
securities held or intended to be acquired by the Fund or for other
purposes permissible under the Commodity Exchange Act (``CEA''). The
Fund's hedging may include sales of Futures as an offset against the
effect of expected declines in stock prices and purchases of Futures as
an offset against the effect of expected increases in stock prices. The
Fund will not enter into Futures Contracts which are prohibited under
the CEA and will, to the extent required by regulatory authorities,
enter only into Futures Contracts that are traded on national Futures
exchanges and are standardized as to maturity date and underlying
financial instrument. The principal interest rate Futures exchanges in
the United States are the Chicago Board of Trade and the Chicago
Mercantile Exchange.
    The Fund may also purchase or write put and call options on Futures
Contracts and enter into closing transactions with respect to such
options to terminate an existing position.
    The Fund may use options on Futures Contracts in connection with
hedging strategies. Generally, these strategies would be applied under
the same market and market sector conditions in which the Fund uses put
and call options on securities or indices.
    The Fund may invest in companies that are considered to be
``passive foreign investment companies'' (``PFICs''), which are
generally certain non-U.S. corporations that receive at least 75% of
their annual gross income from passive sources (such as interest,
dividends, certain rents and royalties or capital gains) or that hold
at least 50% of their assets in investments producing such passive
income.\16\
---------------------------------------------------------------------------

    \16\ See supra note 9.
---------------------------------------------------------------------------

    The Fund may not invest 25% or more of the value of its total
assets in securities of issuers in any one industry or group of
industries. This restriction does not apply to securities issued by
energy infrastructure companies or obligations issued or guaranteed by
the

U.S. Government, its agencies, or instrumentalities. Accordingly, the
Fund will concentrate its investments in energy infrastructure
companies.
    The Fund may hold illiquid securities (i.e., securities that are
not readily marketable). For purposes of this restriction, illiquid
securities include, but are not limited to, restricted securities
(securities the disposition of which is restricted under the federal
securities laws), securities that may only be resold pursuant to Rule
144A under the Securities Act, and repurchase agreements with
maturities in excess of seven days. However, the Fund will not hold
illiquid securities if, as a result, such securities would comprise
more than 15% of the value of the Fund's net assets.
    The Fund intends to qualify annually and to elect to be treated as
a regulated investment company under the Internal Revenue Code of 1986,
as amended.
    The Shares will conform to the initial and continued listing
criteria under NYSE Arca Equities Rule 8.600. The Exchange represents
that, for initial and/or continued listing, the Fund will be in
compliance with Rule 10A-3 under the Exchange Act,\17\ as provided by
NYSE Arca Equities Rule 5.3. A minimum of 100,000 Shares for the Fund
will be outstanding at the commencement of trading on the Exchange. The
Exchange will obtain a representation from the issuer of the Shares
that the net asset value (``NAV'') per Share will be calculated daily
and that the NAV and the Disclosed Portfolio will be made available to
all market participants at the same time.
---------------------------------------------------------------------------

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

    Additional information regarding the Trust, Fund, Shares, Fund's
investment strategies, risks, creation and redemption procedures, fees,
portfolio holdings and disclosure policies, distributions and taxes,
availability of information, trading rules and halts, and surveillance
procedures, among other things, can be found in the Notice and/or the
Registration Statement, as applicable.\18\
---------------------------------------------------------------------------

    \18\ See Notice and Registration Statement, supra notes 3 and 5,
respectively.
---------------------------------------------------------------------------

III. Discussion and Commission's Findings

    After careful review, the Commission finds that the proposed rule
change, as modified by Amendment No. 1 thereto, is consistent with the
requirements of Section 6 of the Act \19\ and the rules and regulations
thereunder applicable to a national securities exchange.\20\ In
particular, the Commission finds that the proposed rule change, as
modified by Amendment No. 1 thereto, is consistent with the
requirements of Section 6(b)(5) of the Act,\21\ which requires, among
other things, that the Exchange's rules be designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in facilitating transactions in securities, to
remove impediments to and perfect the mechanism of a free and open
market and a national market system, and, in general, to protect
investors and the public interest. The Commission notes that the Fund
and the Shares must comply with the requirements of NYSE Arca Equities
Rule 8.600 to be listed and traded on the Exchange.
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78f.
    \20\ In approving this proposed rule change, the Commission
notes that it has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
    \21\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Commission finds that the proposal to list and trade the Shares
on the Exchange is consistent with Section 11A(a)(1)(C)(iii) of the
Act,\22\ which sets forth Congress's finding that it is in the public
interest and appropriate for the protection of investors and the
maintenance of fair and orderly markets to assure the availability to
brokers, dealers, and investors of information with respect to
quotations for, and transactions in, securities. Quotation and last-
sale information for the Shares will be available via the Consolidated
Tape Association (``CTA'') high-speed line. In addition, the Portfolio
Indicative Value, as defined in NYSE Arca Equities Rule 8.600(c)(3),
will be widely disseminated by one or more major market data vendors at
least every 15 seconds during the Core Trading Session.\23\ On each
business day, before commencement of trading in Shares in the Core
Trading Session on the Exchange, the Fund will disclose on its Web site
the Disclosed Portfolio, as defined in NYSE Arca Equities Rule
8.600(c)(2), that will form the basis for the Fund's calculation of NAV
at the end of the business day.\24\ The NAV of the Fund will be
determined as of the close of trading (normally 4:00 p.m., Eastern
Time) on each day the NYSE is open for business. Information regarding
market price and trading volume of the Shares will be continually
available on a real-time basis throughout the day on brokers' computer
screens and other electronic services. Information regarding the
previous day's closing price and trading volume information for the
Shares will be published daily in the financial section of newspapers.
In addition, price information for the portfolio securities held by the
Fund will be readily available from the securities exchanges trading
such securities, automated quotation systems, published or other public
sources, or online information services such as Bloomberg or Reuters.
The Fund's Web site will include a form of the prospectus for the Fund
and additional data relating to NAV and other applicable quantitative
information.
---------------------------------------------------------------------------

    \22\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
    \23\ According to the Exchange, several major market data
vendors display and/or make widely available Portfolio Indicative
Values published on CTA or other data feeds. The price of a non-U.S.
security that is primarily traded on a non-U.S. exchange will be
updated, using the last sale price, every 15 seconds throughout the
trading day, provided that, upon the closing of such non-U.S.
exchange, the closing price of the security, after being converted
to U.S. dollars, will be used. Furthermore, in calculating the
Portfolio Indicative Value of the Fund's Shares, exchange rates may
be used throughout the day (9:00 a.m. to 4:15 p.m., Eastern Time)
that may differ from those used to calculate the NAV per Share of
the Fund and, consequently, may result in differences between the
NAV and the Portfolio Indicative Value.
    \24\ On a daily basis, the Adviser will disclose for each
portfolio security or other financial instrument of the Fund the
following information on the Fund's Web site: Ticker symbol (if
applicable), name of security or financial instrument, number of
shares or dollar value of securities and financial instruments held
in the portfolio, and percentage weighting of the security or
financial instrument in the portfolio. The Web site information will
be publicly available at no charge.
---------------------------------------------------------------------------

    The Commission further believes that the proposal to list and trade
the Shares is reasonably designed to promote fair disclosure of
information that may be necessary to price the Shares appropriately and
to prevent trading when a reasonable degree of transparency cannot be
assured. The Commission notes that the Exchange will obtain a
representation from the issuer of the Shares that the NAV per Share
will be calculated daily and that the NAV and the Disclosed Portfolio
will be made available to all market participants at the same time.\25\
In addition, trading in the Shares will be subject to NYSE Arca
Equities Rule 8.600(d)(2)(D), which sets forth circumstances under
which Shares of the Fund may be halted. The Exchange may halt trading
in the Shares if trading is not occurring in the securities and/or the
financial instruments comprising the Disclosed Portfolio of the Fund,
or if other unusual conditions or circumstances detrimental to the
maintenance of a fair and orderly market are present.\26\ Further, the

Commission notes that the Reporting Authority that provides the
Disclosed Portfolio must implement and maintain, or be subject to,
procedures designed to prevent the use and dissemination of material
non-public information regarding the actual components of the
portfolio.\27\ The Exchange states that it has a general policy
prohibiting the distribution of material, non-public information by its
employees. The Exchange also states that the Adviser and Sub-Adviser
are each affiliated with a broker-dealer, and the Adviser and Sub-
Adviser have each implemented a fire wall with respect to its broker-
dealer affiliate regarding access to information concerning the
composition and/or changes to the portfolio.\28\
---------------------------------------------------------------------------

    \25\ See NYSE Arca Equities Rule 8.600(d)(1)(B).
    \26\ See NYSE Arca Equities Rule 8.600(d)(2)(C) (providing
additional considerations for the suspension of trading in or
removal from listing of Managed Fund Shares on the Exchange). With
respect to trading halts, the Exchange may consider other relevant
factors in exercising its discretion to halt or suspend trading in
the Shares of the Fund. Trading in Shares of the Fund will be halted
if the circuit breaker parameters in NYSE Arca Equities Rule 7.12
have been reached. Trading also may be halted because of market
conditions or for reasons that, in the view of the Exchange, make
trading in the Shares inadvisable.
    \27\ See NYSE Arca Equities Rule 8.600(d)(2)(B)(ii).
    \28\ See supra note 6. The Commission notes that an investment
adviser to an open-end fund is required to be registered under the
Investment Advisers Act of 1940 (``Advisers Act''). As a result, the
Adviser and Sub-Adviser and their related personnel are subject to
the provisions of Rule 204A-1 under the Advisers Act relating to
codes of ethics. This Rule requires investment advisers to adopt a
code of ethics that reflects the fiduciary nature of the
relationship to clients as well as compliance with other applicable
securities laws. Accordingly, procedures designed to prevent the
communication and misuse of non-public information by an investment
adviser must be consistent with Rule 204A-1 under the Advisers Act.
In addition, Rule 206(4)-7 under the Advisers Act makes it unlawful
for an investment adviser to provide investment advice to clients
unless such investment adviser has (i) adopted and implemented
written policies and procedures reasonably designed to prevent
violation, by the investment adviser and its supervised persons, of
the Advisers Act and the Commission rules adopted thereunder; (ii)
implemented, at a minimum, an annual review regarding the adequacy
of the policies and procedures established pursuant to subparagraph
(i) above and the effectiveness of their implementation; and (iii)
designated an individual (who is a supervised person) responsible
for administering the policies and procedures adopted under
subparagraph (i) above.
---------------------------------------------------------------------------

    The Exchange represents that the Shares are deemed to be equity
securities, thus rendering trading in the Shares subject to the
Exchange's existing rules governing the trading of equity securities.
In support of this proposal, the Exchange has made representations,
including:
    (1) The Shares will conform to the initial and continued listing
criteria under NYSE Arca Equities Rule 8.600.
    (2) The Exchange has appropriate rules to facilitate transactions
in the Shares during all trading sessions.
    (3) The Exchange's surveillance procedures applicable to derivative
products, which include Managed Fund Shares, are adequate to properly
monitor Exchange trading of the Shares in all trading sessions and to
deter and detect violations of Exchange rules and applicable federal
securities laws.
    (4) Prior to the commencement of trading, the Exchange will inform
its Equity Trading Permit Holders (``ETP Holders'') in an Information
Bulletin of the special characteristics and risks associated with
trading the Shares. Specifically, the Information Bulletin will discuss
the following: (a) The procedures for purchases and redemptions of
Shares in Creation Unit aggregations (and that Shares are not
individually redeemable); (b) NYSE Arca Equities Rule 9.2(a), which
imposes a duty of due diligence on its ETP Holders to learn the
essential facts relating to every customer prior to trading the Shares;
(c) the risks involved in trading the Shares during the Opening and
Late Trading Sessions when an updated Portfolio Indicative Value will
not be calculated or publicly disseminated; (d) how information
regarding the Portfolio Indicative Value is disseminated; (e) the
requirement that ETP Holders deliver a prospectus to investors
purchasing newly issued Shares prior to or concurrently with the
confirmation of a transaction; and (f) trading information.
    (5) For initial and/or continued listing, the Fund will be in
compliance with Rule 10A-3 under the Exchange Act,\29\ as provided by
NYSE Arca Equities Rule 5.3.
---------------------------------------------------------------------------

    \29\ 17 CFR 240.10A-3.
---------------------------------------------------------------------------

    (6) The foreign equity securities in which the Fund may invest,
including any Depositary Receipts, New York Shares, and Global shares,
will be limited to securities that trade in markets that are members of
the Intermarket Surveillance Group, which includes all U.S. national
securities exchanges and certain foreign exchanges, or are parties to a
comprehensive surveillance sharing agreement with the Exchange.
    (7) While the Fund may invest in securities of other investment
companies that are leveraged, such investments will not be used to
enhance leverage and will be consistent with the Fund's investment
objective.
    (8) The Fund may invest up to 35% of its net assets in Futures
Contracts, interest rate swaps, total return swaps, non-U.S. currency
swaps, credit default swaps, options, and other derivative instruments
to seek to enhance return, to hedge some of the risks of their
investments in securities, as a substitute for a position in the
underlying asset, to reduce transaction costs, to maintain full market
exposure, to manage cash flows, to limit exposure to losses due to
changes to non-U.S. currency exchange rates, or to preserve capital.
The Fund, under normal market conditions, will not invest more than 20%
of its net assets in such instruments.
    (9) The Fund will not hold illiquid securities, which include
restricted securities, Rule 144A securities, and repurchase agreements
with maturities in excess of seven days, if, as a result, such
securities would comprise more than 15% of the value of the Fund's net
assets.
    (10) A minimum of 100,000 Shares of the Fund will be outstanding at
the commencement of trading on the Exchange.

This approval order is based on all of the Exchange's representations.
    For the foregoing reasons, the Commission finds that the proposed
rule change, as modified by Amendment No. 1 thereto, is consistent with
Section 6(b)(5) of the Act \30\ and the rules and regulations
thereunder applicable to a national securities exchange.
---------------------------------------------------------------------------

    \30\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\31\ that the proposed rule change (SR-NYSEArca-2012-21), as
modified by Amendment No. 1 thereto, be, and it hereby is, approved.
---------------------------------------------------------------------------

    \31\ 15 U.S.C. 78s(b)(2).

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

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

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-12306 Filed 5-21-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 86 (Wednesday, May 4, 2016)]
[Rules and Regulations]
[Pages 26685-26686]
[FR Doc No: 2016-10179]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2015-3675; Airspace Docket No. 15-ANM-19]

Amendment of Class D and Class E Airspace; Walla Walla, WA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action modifies Class D airspace, Class E surface area
airspace, Class E surface area airspace designated as an extension, and
Class E airspace extending upward from 700 feet above the surface at
Walla Walla Regional Airport, Walla Walla, WA. After a review of the
airspace, the FAA found it necessary to amend the airspace areas for
the safety and management of Instrument Flight Rules (IFR) operations
for arriving and departing aircraft at the airport. This action also
updates the geographic coordinates of Walla Walla Regional Airport in
the respective Class D and E airspace areas above.

DATES: Effective 0901 UTC, July 21, 2016. The Director of the Federal
Register approves this incorporation by reference action under Title 1,
Code of Federal Regulations, part 51, subject to the annual revision of
FAA Order 7400.9 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.9Z, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone:<PHONE_NUMBER>.
The Order is also available for inspection at the National Archives and
Records Administration (NARA). For information on the availability of
FAA Order 7400.9Z at NARA, call<PHONE_NUMBER>, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.
    FAA Order 7400.9, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

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

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it establishes controlled airspace at Walla Walla, WA.

History

    On November 27, 2015, the FAA published in the Federal Register a
notice of proposed rulemaking (NPRM) to modify Class D airspace, Class
E surface area airspace, Class E surface area airspace designated as an
extension, and Class E airspace extending upward from 700 feet above
the surface at Walla Walla Regional Airport, Walla Walla, WA, (80 FR
74063) Docket No. FAA-2015-3675. The FAA found these modifications
necessary to ensure the safety and management of Instrument Flight
Rules (IFR) operations for arriving and departing aircraft at the
airport. Interested parties were invited to participate in this
rulemaking effort by submitting written comments on the proposal to the
FAA. No comments were received.
    Class D and Class E airspace designations are published in
paragraph 5000, 6002, 6004, and 6005, respectively, of FAA Order
7400.9Z, dated August 6, 2015, and effective September 15, 2015, which
is

incorporated by reference in 14 CFR part 71.1.

Availability and Summary of Documents for Incorporation by Reference

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

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR)
part 71 modifies Class D airspace, Class E surface area airspace, Class
E surface area airspace designated as an extension, and Class E
airspace extending upward from 700 feet above the surface at Walla
Walla Regional Airport, Walla Walla, WA. Class D airspace and all Class
E airspace areas are modified to correct geographic latitude and
longitude (lat./long.) errors in the legal description. Class E
airspace designated as an extension is modified to include that area
within 2.7 miles each side of the Walla Walla Airport 215[deg] bearing
extending from the 4.3-mile radius to 7.5 miles southwest of the
airport, and that airspace within 4.1 miles each side of the airport
035[deg] bearing extending from the 4.3-mile radius to 13.4 miles
northeast of the airport. Class E airspace extending upward from 700
feet above the surface is modified to include that area bounded by a
line beginning at lat. 45[deg]52'29'' N., long. 118[deg]23'027'' W.; to
lat. 45[deg]49'51'' N., long. 118[deg]26'02'' W.; to lat.
45[deg]57'17'' N., long. 118[deg]40'49'' W.; to lat. 46[deg]10'22'' N.,
long. 118[deg]27'48'' W.; to lat. 46[deg]08'46'' N., long.
118[deg]24'32'' W.; to lat. 46[deg]14'38'' N., long. 118[deg]18'44''
W.; to lat. 46[deg]16'07'' N., long. 118[deg]21'47'' W.; to lat.
46[deg]29'20'' N., long. 118[deg]08'35'' W.; to lat. 46[deg]22'02'' N.,
long. 117[deg]53'24'' W.; to lat. 46[deg]14'25'' N., long.
118[deg]01'11'' W.; and that airspace within a 13.4-mile radius of
point in space coordinates at lat. 46[deg]03'27'' N., long.
118[deg]12'20'' W., from the 052[deg] bearing from the Walla Walla
Regional Airport clockwise to the 198[deg] bearing.

Regulatory Notices and Analyses

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

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

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

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

0
1. The authority citation for Part 71 continues to read as follows:

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

Sec.  71.1  [Amended]

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

Paragraph 5000 Class D Airspace.

* * * * *

ANM WA D Walla Walla, WA

Walla Walla Regional Airport, WA
    (Lat. 46[deg]05'43'' N., long. 118[deg]17'09'' W.)

    That airspace extending upward from the surface to and including
3,700 feet MSL within a 4.3-mile radius of the Walla Walla Regional
Airport. This Class D airspace area is effective during the specific
dates and times established in advance by a Notice to Airmen. The
effective date and time will thereafter be continuously published in
the Airport/Facility Directory.

Paragraph 6002 Class E Airspace Designated as Surface Areas.

* * * * *

ANM WA E2 Walla Walla, WA

Walla Walla Regional Airport, WA
    (Lat. 46[deg]05'43' N., long. 118[deg]17'09'' W.)

    That airspace extending upward from the surface within a 4.3-
mile radius of the Walla Walla Regional Airport.

Paragraph 6004 Class E Airspace Areas Designated as an Extension to
a Class D or Class E Surface Area.

* * * * *

ANM WA E4 Walla Walla, WA

Walla Walla Regional Airport, WA
    (Lat. 46[deg]05'43'' N., long. 118[deg]17'09'' W.)

    That airspace extending upward from the surface within 2.7 miles
each side of the Walla Walla 215[deg] bearing from the airport
extending from the 4.3-mile radius of Walla Walla Regional Airport
to 7.5 miles southwest of the airport, and within 4.1 miles each
side of the Walla Walla 35[deg] bearing from the airport extending
from the 4.3-mile radius of Walla Walla Regional Airport to 13.4
miles northeast of the airport.

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

* * * * *

ANM WA E5 Walla Walla, WA

Walla Walla Regional Airport, WA
    (Lat. 46[deg]05'43'' N., long. 118[deg]17'09'' W.)

Walla Walla Regional Airport, point in space coordinates
    (Lat. 46[deg]03'27'' N., long. 118[deg]12'20'' W.)
    That airspace extending upward from 700 feet above the surface
bounded by a line beginning at lat. 45[deg]52'29'' N., long.
118[deg]23'027'' W.; to lat. 45[deg]49'51'' N., long.
118[deg]26'02'' W.; to lat. 45[deg]57'17'' N., long. 118[deg]40'49''
W.; to lat. 46[deg]10'22'' N., long. 118[deg]27'48'' W.; to lat.
46[deg]08'46'' N., long. 118[deg]24'32'' W.; to lat. 46[deg]14'38''
N., long. 118[deg]18'44'' W.; to lat. 46[deg]16'07'' N., long.
118[deg]21'47'' W.; to lat. 46[deg]29'20'' N., long. 118[deg]08'35''
W.; to lat. 46[deg]22'02'' N., long. 117[deg]53'24'' W.; to lat.
46[deg]14'25'' N., long. 118[deg]01'11'' W.; and that airspace
within a 13.4-mile radius of point in space coordinates at lat.
46[deg]03'27'' N., long. 118[deg]12'20'' W., from the 052[deg]
bearing from the Walla Walla Regional Airport clockwise to the
198[deg] bearing.

    Issued in Seattle, Washington, on April 21, 2016.
Tracey Johnson,
Manager, Operations Support Group, Western Service Center.
[FR Doc. 2016-10179 Filed 5-3-16; 8:45 am]
 BILLING CODE 4910-13-P