[Federal Register Volume 81, Number 8 (Wednesday, January 13, 2016)]
[Proposed Rules]
[Pages 1577-1579]
[FR Doc No: 2015-33172]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-8429; Directorate Identifier 2015-NM-122-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain The Boeing Company Model 747-100, 747-100B, 747-100B SUD, 747-
200B, 747-200C, 747-200F, 747-300, 747-400, 747-400D, 747-400F, 747SR,
and 747SP series airplanes. This proposed AD was prompted by reports of
fatigue cracks in the station 320 crown frame and in window post number
3. This proposed AD would require repetitive inspections for cracks and
missing fasteners of the station 320 crown frame, cracks in the web and
flange surfaces of the forward segment of window post number 3, and
missing fasteners and cracks of the window upper sill; post-
modification inspections for cracks of the window upper sill; one-time
fastener rework; and related investigative and corrective actions if
necessary. We are proposing this AD to detect and correct fatigue
cracking and missing fasteners of the station 320 crown frame, cracking
of the window post number 3, and cracking of the window upper sill,
which could result in an in-flight decompression and a loss of
structural integrity of the fuselage.

DATES: We must receive comments on this proposed AD by February 29,
2016.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may view this referenced service information
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW.,
Renton, WA. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
8429.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
8429; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Office (phone:<PHONE_NUMBER>) is in the ADDRESSES section. Comments will
be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Bill Ashforth, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office
(ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-
6432; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2015-8429;
Directorate Identifier 2015-NM-122-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    We have received reports of fatigue cracks in the station 320 crown
frame on Model 747-400 series airplanes. Other Model 747 airplanes,
except Model 747-8F and 747-8 airplanes, are of a similar station 320
crown frame configuration. Inner chord cracks of 0.03- to 0.22-inch in
length have been found on 15 airplanes with total flight cycles ranging
from 11,498 to 31,315. Also, a 1.8-inch crack was found in the outboard
web of the frame on one airplane with 14,749 total flight cycles.
    Cracks have also been found in window post number 3, which connects
to the lower end of the inner chord of the station 320 crown frame.
Cracks of 0.03- to 0.11-inch in length have been found in window post
number 3 on five airplanes with total flight cycles ranging from 12,329
to 15,772.
    Additionally, fatigue cracks that had extended to fully sever the
inner chord and outboard web of the frame were found on the Model 747-
400 fatigue test airplane at 38,333 total pressure cycles, and
significant cracks were found in both the frame inner chord and
outboard web at 30,500 total pressure cycles on the Model 747-100SR
fatigue test airplane.
    Fatigue cracking and missing fasteners of the station 320 crown
frame, cracking of the window post number 3, and cracking of the window
upper sill could result in in-flight decompression and a loss of
structural integrity of the fuselage.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin 747-53A2862, Revision 1,
dated July 24, 2015. The service information describes procedures for
inspections and corrective actions for cracks and missing fasteners in
the inner chord and outboard webs of the station 320 crown frame, in
the left and right side window post number 3, and in the upper sill
structure. This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section of this
NPRM.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or

develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions identified
in the service information described previously, except as discussed
under ``Differences Between this Proposed AD and the Service
Information.'' For information on the procedures and compliance times,
see this service information at http://www.regulations.gov by searching
for and locating Docket No. FAA-2015-8429.
    The phrase ``related investigative actions'' is used in this
proposed AD. ``Related investigative actions'' are follow-on actions
that (1) are related to the primary actions, and (2) further
investigate the nature of any condition found. Related investigative
actions in an AD could include, for example, inspections.
    The phrase ``corrective actions'' is used in this proposed AD.
``Corrective actions'' are actions that correct or address any
condition found. Corrective actions in an AD could include, for
example, repairs.

Differences Between This Proposed AD and the Service Information

    Boeing Alert Service Bulletin 747-53A2862, Revision 1, dated July
24, 2015, specifies to contact the manufacturer for instructions on how
to repair certain conditions, but this proposed AD would require
repairing those conditions in one of the following ways:
     In accordance with a method that we approve; or
     Using data that meet the certification basis of the
airplane, and that have been approved by the Boeing Commercial
Airplanes Organization Designation Authorization (ODA) whom we have
authorized to make those findings.

Explanation of ``RC'' Steps in Service Information

    The FAA worked in conjunction with industry, under the
Airworthiness Directive Implementation Aviation Rulemaking Committee
(ARC), to enhance the AD system. One enhancement was a new process for
annotating which steps in the service information are required for
compliance with an AD. Differentiating these steps from other tasks in
the service information is expected to improve an owner's/operator's
understanding of crucial AD requirements and help provide consistent
judgment in AD compliance. The steps identified as Required for
Compliance (RC) in any service information identified previously have a
direct effect on detecting, preventing, resolving, or eliminating an
identified unsafe condition.
    For service information that contains steps that are labeled as RC,
the following provisions apply: (1) The steps labeled as RC, including
substeps under an RC step and any figures identified in an RC step,
must be done to comply with the AD, and an alternative method of
compliance (AMOC) is required for any deviations to RC steps, including
substeps and identified figures; and (2) steps not labeled as RC may be
deviated from using accepted methods in accordance with the operator's
maintenance or inspection program without obtaining approval of an
AMOC, provided the RC steps, including substeps and identified figures,
can still be done as specified, and the airplane can be put back in an
airworthy condition.

Costs of Compliance

    We estimate that this proposed AD affects 165 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
          Action                   Labor cost            Parts cost      Cost per product         operators
----------------------------------------------------------------------------------------------------------------
Inspections..............  Up to 193 work-hours x                 $0   Up to $16,405 per     Up to $2,706,825
                            $85 per hour = $16,405                      inspection cycle.     per inspection
                            per inspection cycle.                                             cycle.
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    We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this proposed
AD.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

The Boeing Company: Docket No. FAA-2015-8429; Directorate Identifier
2015-NM-122-AD.

(a) Comments Due Date

    We must receive comments by February 29, 2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 747-100, 747-100B,
747-100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747-400, 747-
400D, 747-400F, 747SR, and 747SP series airplanes, certificated in
any category, as identified in Boeing Alert Service Bulletin 747-
53A2862, Revision 1, dated July 24, 2015.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by reports of fatigue cracks in the station
320 crown frame in window post number 3. We are issuing this AD to
detect and correct fatigue cracking and missing fasteners of the
station 320 crown frame, cracking of the window post number 3, and
cracking of the window upper sill, which could result in an in-
flight decompression and a loss of structural integrity of the
fuselage.

(f) Compliance

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

(g) Initial Inspections, Related Investigative Actions, and Corrective
Actions

    At the applicable time specified in paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin 747-53A2862,
Revision 1, dated July 24, 2015, except as provided by paragraphs
(j)(1) and (j)(2) of this AD: Do the actions specified in paragraphs
(g)(1) through (g)(5) of this AD; and do all applicable related
investigative and corrective actions; in accordance with the
Accomplishment Instructions of Boeing Alert Service Bulletin 747-
53A2862, Revision 1, dated July 24, 2015, except as required by
paragraph (j)(3) of this AD. Do all applicable related investigative
and corrective actions before further flight.
    (1) Do a detailed inspection for cracks and missing fasteners of
the station 320 crown frame.
    (2) Do a surface high frequency eddy current (HFEC) inspection
for cracks of the station 320 crown frame.
    (3) Do a surface HFEC inspection for cracks in the web and
flange surfaces of the forward segment of window post number 3.
    (4) Do a detailed inspection for missing fasteners of the window
upper sill.
    (5) Do a surface HFEC inspection for cracks of the window upper
sill.

(h) Repetitive Inspections and Post-Repair Inspections, Related
Investigative Actions, and Corrective Actions

    Do applicable repetitive post-repair inspections and repeat the
inspections specified in paragraphs (g)(1) through (g)(5) of this AD
for cracking in the window upper sill thereafter at the applicable
compliance time and intervals specified in paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin 747-53A2862,
Revision 1, dated July 24, 2015; and do all applicable related
investigative and corrective actions; in accordance with the
Accomplishment Instructions of Boeing Alert Service Bulletin 747-
53A2862, Revision 1, dated July 24, 2015, except as required by
paragraph (j)(3) of this AD. Do all applicable related investigative
and corrective actions before further flight.

(i) Fastener Rework, Related Investigative Actions, and Corrective
Actions

    At the applicable time specified in paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin 747-53A2862,
Revision 1, dated July 24, 2015: Do the applicable actions
(including fastener rework and a detailed inspection of the
condition of the fastener hole) specified in Part 11 of the
Accomplishment Instructions of Boeing Alert Service Bulletin 747-
53A2862, Revision 1, dated July 24, 2015; and do all applicable
related investigative and corrective actions; in accordance with the
Accomplishment Instructions of Boeing Alert Service Bulletin 747-
53A2862, Revision 1, dated July 24, 2015. Do all applicable related
investigative and corrective actions before further flight.

(j) Exceptions to Service Information Specifications

    (1) Where Boeing Alert Service Bulletin 747-53A2862, Revision 1,
dated July 24, 2015, specifies a compliance time ``after the
original date of this service bulletin,'' this AD requires
compliance within the specified compliance time after the effective
date of this AD.
    (2) Where Boeing Alert Service Bulletin 747-53A2862, Revision 1,
dated July 24, 2015, specifies a compliance time ``after the
Revision 1 date of this service bulletin,'' this AD requires
compliance within the specified compliance time after the effective
date of this AD.
    (3) Where Boeing Alert Service Bulletin 747-53A2862, Revision 1,
dated July 24, 2015, specifies to contact Boeing for repairs: Before
further flight, repair, using a method approved in accordance with
the procedures specified in paragraph (k) of this AD.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in paragraph (l)(1) of this AD.
Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved the Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that has been authorized by the
Manager, Seattle ACO, to make those findings. To be approved, the
repair method, modification deviation, or alteration deviation must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.
    (4) Except as required by paragraphs (g), (h), and (j)(3) of
this AD: For service information that contains steps that are
labeled as Required for Compliance (RC), the provisions of
paragraphs (k)(4)(i) and (k)(4)(ii) apply.
    (i) The steps labeled as RC, including substeps under an RC step
and any figures identified in an RC step, must be done to comply
with the AD. An AMOC is required for any deviations to RC steps,
including substeps and identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted
methods in accordance with the operator's maintenance or inspection
program without obtaining approval of an AMOC, provided the RC
steps, including substeps and identified figures, can still be done
as specified, and the airplane can be put back in an airworthy
condition.

(l) Related Information

    (1) For more information about this AD, contact Bill Ashforth,
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft
Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-
3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may view this referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on December 23, 2015.
John P. Piccola, Jr.,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2015-33172 Filed 1-12-16; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 141 (Tuesday, July 25, 2017)]
[Notices]
[Pages 34540-34542]
[FR Doc No: 2017-15564]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

Office of the Commissioner; Statement of Organization, Functions,
and Delegations of Authority

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA), Office of the
Commissioner (OC), and Office of Operations (OO) have modified their
structures. This new organizational structure was approved by the
Secretary of Health and Human Services on January 10, 2017 and
effective on February 11, 2017.

FOR FURTHER INFORMATION CONTACT: Segaran Pillai, Ph.D., Director,
Office of Laboratory Science and Safety, Office of the Commissioner,
Food and Drug Administration, White Oak Bldg. 1, Rm. 2218, 10903 New
Hampshire Ave., Silver Spring, MD 20993-0002,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Part D, Chapter D-B, (Food and Drug
Administration), the Statement of Organization, Functions, and
Delegations of Authority for the Department of Health and Human
Services (35 FR 3685, February 25, 1970, 60 FR 56606, November 9, 1995,
64 FR 36361, July 6, 1999, 72 FR 50112, August 30, 2007, 74 FR 41713,
August 18, 2009, and 76 FR 45270, July 28, 2011) is amended to reflect
the reorganization of the Office of the Commissioner and the Office of
Operations.
    This reorganization establishes the Office of Laboratory Science
and Safety, and will authorize the consolidation of the laboratory
science, safety functions, and program activities across FDA under one
organizational component that will report directly to the Office of the
Commissioner. The Employee Safety and Environmental Management Staff
will be realigned from the Office of Safety, Security and Crisis
Management to the Office of Laboratory Science and Safety. As a result
of the staff realignment the Office of Safety, Security and Crisis
Management within the Office of Operations will be re-titled to the
Office of Security and Emergency Management. The Office of Crisis
Management within the newly titled Office of Security and Emergency
Management will change its title to the Office of Emergency Management.
Additionally, the Office of Security and Emergency Management has
established the Emergency Planning, Evaluation, and Exercise Staff, and
the Program Operations and Coordination Staff within the Office of
Emergency Management.
    The Food and Drug Administration, Office of the Commissioner (OC),
has been restructured as follows:
    DA. ORGANIZATION. The Office of the Commissioner is headed by the
Commissioner of Food and Drugs and includes the following
organizational units:

Office of the Commissioner (DA)
Office of the Chief Counsel (DAA)
Office of the Executive Secretariat (DAB)
Executive Secretariat Staff (DAB1)
Freedom of Information Staff (DAB2)

Dockets Management Staff (DAB3)
Office of the Chief Scientist (DAE)
National Center for Toxicological Research (DAEC)
Office of the Center Director (DAECA)
Office of Management (DAECB)
Planning and Resource Management Staff (DAECBA)
Office of Research (DAECC)
Division of Biochemical Toxicology (DAECCA)
Division of Genetic and Molecular Toxicology (DAECCB)
Genetic Toxicology Lab (DAECCB1)
Division of Microbiology (DAECCD)
Division of Systems Biology (DAECCE)
Division of Neurotoxicology (DAECCF)
Division of Bioinformatics and Biostatistics (DAECCH)
Office of Scientific Coordination (DAECF)
Office of Counter-Terrorism and Emerging Threats (DAEG)
Office of Scientific Integrity (DAEH)
Office of Regulatory Science and Innovation (DAEI)
Division of Science Innovation and Critical Path (DAEIA)
Division of Scientific Computing and Medical Information (DAEIB)
Office of Scientific Professional Development (DAEJ)
Office of Health Informatics (DAEK)
Office of the Counselor to the Commissioner (DAR)
Office of Women's Health (DAS)
Office of External Affairs (DAU)
Web and Digital Media Staff (DAU1)
Administrative Management Staff (DAU2)
Office of Media Affairs (DAUA)
Web Communications Staff (DAUA2)
Office of Communications (DAUB)
Communications Staff (DAUB1)
FDA History Office (DAUB2)
Office of Health and Constituent Affairs (DAUC)
Office of Minority Health (DAY)
Office of Laboratory Science and Safety (DAZ)
Employee Safety and Environmental Management Staff (DAZ1)

    The Food and Drug Administration, Office of Operations (OO), has
been restructured as follows:
    DMM. ORGANIZATION. The Office of Operations is headed by the Deputy
Commissioner for Operations and Chief Operating Officer and includes
the following organizational units:

Office of Operations (DMM)
Office of Business Services (DMM1)
Business Operations Staff (DMM11)
Employee Resource and Information Center (DMM1A)
Division of Ethics and Integrity (DMM3)
Ombudsman and Conflict Prevention and Resolutions Staff (DMM4)
Office of Equal Employment Opportunity (DMMA)
Compliance Staff (DMMA1)
Diversity Staff (DMMA3)
Office of Finance, Budget and Acquisitions (DMMD)
Office of Budget (DMMDA)
Division of Budget Formulation (DMMDAA)
Division of Budget Execution and Control (DMMDAB)
Office of Acquisition and Grant Services (DMMDB)
Division of Acquisition Operations (DMMDBA)
Service Contract Branch (DMMDBA1)
Contract Operations Branch (DMMDBA2)
Division of Acquisition Programs (DMMDBB)
Scientific Support Branch (DMMDBB1)
Field Operations Branch (DMMDBB2)
Facilities Support Branch (DMMDBB3)
Division of Regulatory Inspections Acquisitions and Grants and
Assistance Management (DMMDBC)
Grants Management Branch (DMMDBC1)
Regulatory Inspections and Acquisitions Branch (DMMDBC2)
Division of Information Technology Acquisitions (DMMDBD)
Information Technology Acquisitions Branch (DMMDBD1)
Systems Technology Acquisitions Branch (DMMDBD2)
Division of Policy, Systems, and Program Support (DMMDBE)
Office of Financial Operations and Policy (DMMDC)
Office of Financial Management (DMMDCA)
Internal Controls, Compliance and Oversight Staff (DMMDCA1)
Business Transformation, Administration and Management Staff (DMMDCA2)
User Fee Staff (DMMDCA3)
Financial Systems Support Staff (DMMDCA4)
Division of Accounting (DMMDCAB)
Division of Travel Services (DMMDCAC)
Division of Payment Services (DMMDCAD)
Office of Human Resources (DMME)
Commissioned Corps Affairs Staff (DMME6)
Management Analysis Services Staff (DMME7)
Business Operations Staff (DMME8)
Division of Workforce Relations (DMMEB)
Employee and Labor Relations Branch I (DMMEB1)
Employee and Labor Relations Branch II (DMMEB2)
Division of Policy, Programs, and Executive Resources (DMMEC)
Policy Branch (DMMEC1)
Executive Resources Branch (DMMEC2)
Accountability Branch (DMMEC3)
Division of Enterprise Support Services (DMMED)
Resources and Information Branch (DMMED1)
Systems and Records Management Branch (DMMED2)
Benefits Branch (DMMED3)
FDA University (DMMEF)
Division of Human Resource Services for Office of the Commissioner/
Office of Operations (DMMEG)
Office of the Commissioner/NCTR Customer Solutions Branch (DMMEG1)
Office of Operations Customer Solutions Branch (DMMEG2)
Division of Human Resource Services for Office of Medical Products and
Tobacco (DMMEH)
CDRH Customer Solutions Branch (DMMEH1)
CBER and NCTR Customer Solutions Branch (DMMEH2)
CDER Customer Solutions Branch (DMMEH3)
CTP Customer Solutions Branch (DMMEH4)
Division of Human Resource Services for the OFVM/OGROP (DMMEI)
CFSAN/CVM Customer Solutions Branch (DMMEI1)
ORA/OIP Customer Solutions Branch (DMMEI2)
Office of Facilities, Engineering, and Mission Support Services (DMMF)
Jefferson Laboratories Complex Staff (DMMF1)
Facilities Program Staff (DMMF2)
Division of Operations Management and Community Relations (DMMFA)
Logistics and Transportation Management Branch (DMMFA1)
Facilities Maintenance and Operations Branch (DMMFA2)
Auxiliary Program Management Branch (DMMFA3)
Division of Planning, Engineering and Space Management (DMMFB)
Portfolio and Space Management Branch (DMMFB1)
Engineering Management Branch (DMMFB2)
Office of Information Management and Technology (DMMH)
Office of Information Management (DMMHA)
Information Security Staff (DMMHA1)
Knowledge Management Staff (DMMHA2)
Enterprise Architecture and Technology Innovation Staff (DMMHA3)
Office of Technology and Delivery (DMMHAA)
Delivery Management and Support Staff (DMMHAA1)
Divisions of Infrastructure Operations (DMMHAAA)

Infrastructure Management Services Staff (DMMHAAA1)
Implementation Branch (DMMHAAA2)
Infrastructure Engineering Branch (DMMHAAA3)
Systems Monitoring and Response Branch (DMMHAAA4)
Systems Operations Branch (DMMHAAA5)
Network and Communications Operations Branch (DMMHAAA6)
Division of Application Services (DMMHAAB)
Application Management Services Staff (DMMHAAB1)
Data Management and Operations Branch (DMMHAAB2)
Medical Products Branch (DMMHAAB3)
OC/CVM/CTP Branch (DMMHAAB4)
ORA/CFSAN Branch (DMMHAAB5)
Enterprise Application Branch (DMMHAAB6)
Division of Delivery Management and Support (DMMHAAC)
Delivery Management Branch (DMMHAAC1)
Process Management and Control Branch (DMMHAAC2)
Office of Business and Customer Assurance (DMMHAB)
Records, eDiscovery and Risk Management Staff (DMMHAB1)
Division of Business Partnership and Support (DMMHABA)
Internet and Intranet Branch (DMMHABA1)
Call Center Branch (DMMHABA2)
Regional Support Branch (DMMHABA3)
Property, Receiving and Distribution Branch (DMMHABA4)
Division of Management Services (DMMHABB)
Internal Services and Response Branch (DMMHABB2)
Acquisitions Services Branch (DMMHABB3)
Human Capital and Visual Media Branch (DMMHABB4)
Office of Enterprise Portfolio Management (DMMHAC)
Office of Security and Emergency Management (DMMJ)
Office of Security Operations (DMMJA)
Office of Emergency Management (DMMJB)
Emergency Planning, Evaluation, and Exercise Staff (DMMJB1)
Program Operations and Coordination Staff (DMMJB2)
Office of Emergency Operations (DMMJBA)

I. Delegations of Authority

    Pending further delegation, directives, or orders by the
Commissioner of Food and Drugs, all delegations and redelegations of
authority made to officials and employees of affected organizational
components will continue in them or their successors pending further
redelegations, provided they are consistent with this reorganization.

II. Electronic Access

    This reorganization is reflected in FDA's Staff Manual Guide (SMG).
Persons interested in seeing the complete Staff Manual Guide can find
it on FDA's Web site at: https://www.fda.gov/AboutFDA/ReportsManualsForms/StaffManualGuides/default.htm.

    Authority:  44 U.S.C. 3101.

    Dated: July 17, 2017.
Thomas E. Price,
Secretary of Health and Human Services.
[FR Doc. 2017-15564 Filed 7-24-17; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 79, Number 224 (Thursday, November 20, 2014)]
[Notices]
[Pages 69173-69179]
[FR Doc No: 2014-27456]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-73602; File No. SR-NYSEArca-2014-120]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
of Amendment No. 2 to Proposed Rule Change Relating to Listing and
Trading Shares of the Sit Rising Rate Fund Under NYSE Arca Equities
Rule 8.200

November 14, 2014.
    On October 16, 2014, NYSE Arca, Inc. (``Exchange'' or ``NYSE
Arca'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1)\1\ of the Securities
Exchange Act of 1934 (``Exchange Act'') \2\ and Rule 19b-4
thereunder,\3\ a proposed rule change to list and trade shares of the
Sit Rising Rate Fund under NYSE Arca Equities Rule 8.200. The proposed
rule change was published for comment in the Federal Register on
November 4, 2014.\4\ The Commission received no comments on the
proposal.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
    \4\ See Securities Exchange Act Release No. 73464 (Oct. 29,
2014), 79 FR 65437.
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    Pursuant to Section 19(b)(1) of the Act \5\ and Rule 19b-4
thereunder,\6\ notice is hereby given that, on November 6, 2014, the
Exchange filed with the Commission Amendment No. 2 to the proposed rule
change, as described in Sections I and II below, which Sections have
been prepared by the Exchange.\7\ The Commission is publishing this
notice to solicit comments from interested persons on the proposed rule
change, as modified by Amendment No. 2 thereto.
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    \5\ 15 U.S.C. 78s(b)(1).
    \6\ 17 CFR 240.19b-4.
    \7\ Amendment No. 2 replaces SR-NYSEArca-2014-120 and supersedes
such filing in its entirety. Amendment No. 1 was filed on November
3, 2014 and withdrawn on November 6, 2014.
---------------------------------------------------------------------------

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

    The Exchange proposes to list and trade shares of the Sit Rising
Rate Fund under NYSE Arca Equities Rule 8.200. The text of the proposed
rule change is available on the Exchange's Web site at www.nyse.com, at
the principal office of the Exchange, and at the Commission's Public
Reference Room.

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

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

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

1. Purpose
    NYSE Arca Equities Rule 8.200, Commentary .02 permits the trading
of Trust Issued Receipts (``TIRs'') either by listing or pursuant to
unlisted trading privileges (``UTP'').\8\ The Exchange proposes to list
and trade shares (``Shares'') of the Sit Rising Rate Fund (``Fund'')
pursuant to NYSE Arca Equities Rule 8.200. The Fund is a series of the
ETF Managers Group Commodity Trust I (the ``Trust''), a Delaware
statutory trust.\9\
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    \8\ Commentary .02 to NYSE Arca Equities Rule 8.200 applies to
Trust Issued Receipts that invest in ``Financial Instruments.'' The
term ``Financial Instruments,'' as defined in Commentary .02(b)(4)
to NYSE Arca Equities Rule 8.200, means any combination of
investments, including cash; securities; options on securities and
indices; futures contracts; options on futures contracts; forward
contracts; equity caps, collars and floors; and swap agreements.
    \9\ The Trust submitted a registration statement with respect to
the Fund on Form S-1 under the Securities Act of 1933 (``1933 Act'')
on October 7, 2014 (File No. 333-199190) (the ``Registration
Statement''). The description of the Fund and the Shares contained
herein are based, in part, on the Registration Statement.
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    The Exchange notes that the Commission has previously approved the
listing and trading of other issues of TIRs on the American Stock
Exchange LLC,\10\ trading on NYSE Arca pursuant to UTP,\11\ and listing
on NYSE Arca.\12\ In addition, the Commission has approved the listing
and trading of other exchange-traded fund-like products linked to the
performance of underlying currencies and commodities.\13\
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    \10\ See, e.g., Securities Exchange Act Release No. 58161 (July
15, 2008), 73 FR 42380 (July 21, 2008) (SR-Amex-2008-39).
    \11\ See, e.g., Securities Exchange Act Release No. 58163 (July
15, 2008), 73 FR 42391 (July 21, 2008) (SR-NYSEArca-2008-73).
    \12\ See, e.g., Securities Exchange Act Release No. 70209
(August 15, 2013), 78 FR 51269 (June 24, 2013) (SR-NYSEArca-2013-
60); Securities Exchange Act Release No. 58457 (September 3, 2008),
73 FR 52711 (September 10, 2008) (SR-NYSEArca-2008-91).
    \13\ See, e.g., Securities Exchange Act Release Nos. 56131 (July
25, 2007), 77 FR 42212 (August 1, 2007) (SR-NYSEArca-2007-57) (order
approving listing and trading on NYSE Arca of shares of eight issues
of Commodity Trust Shares); 57456 (March 7, 2008), 73 FR 13599
(March 13, 2008) (SR-NYSEArca-2007-91) (order granting accelerated
approval for NYSE Arca listing and trading of shares of the iShares
GS Commodity Trusts); 59781 (April 17, 2009), 74 FR 18771 (April 24,
2009) (SR-NYSEArca-2009-28) (order granting accelerated approval for
NYSE Arca listing and trading of shares of the ETFS Silver Trust);
59895 (May 8, 2009), 74 FR 22993 (May 15, 2009) (SR-NYSEArca-2009-
40) (order granting accelerated approval for NYSE Arca listing the
ETFS Gold Trust); 62527 (July 19, 2010), 75 FR 43606 (July 26, 2010)
(SR-NYSEArca-2010-44) (order approving listing and trading on NYSE
Arca of shares of the United States Commodity Index Fund).

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    According to the Registration Statement, the Fund's sponsor and
investment manager is ETF Managers Capital LLC (``ETFMC'' or the
``Sponsor''), a limited liability company that is a commodity pool
operator (``CPO'') that is registered with the Commodity Futures
Trading Commission (``CFTC'') \14\ and is a member of the National
Futures Association (``NFA''). U.S. Bancorp Fund Services will be the
transfer agent, custodian and administrator for the Fund (``Custodian''
or ``Administrator''). Esposito Securities LLC (the ``Distributor'')
will provide statutory and wholesaling distribution services.\15\
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    \14\ The Sponsor is not a broker-dealer or affiliated with a
broker-dealer.
    \15\ This Amendment No. 2 to SR-NYSEArca-2014-120 replaces SR-
NYSEArca-2014-120 as originally filed and supersedes such filing in
its entirety. The Exchange has withdrawn Amendment No. 1 to SR-
NYSEArca-2014-120.
---------------------------------------------------------------------------

Fund's Investment Objective and Strategy
    The Fund's investment objective will be to profit from rising
interest rates by tracking the performance of a portfolio (the
``Benchmark Portfolio'') consisting of exchange traded futures
contracts and options on futures on 2, 5 and 10-year U.S. Treasury
securities (``Treasury Instruments'') weighted to achieve a targeted
negative 10-year average effective portfolio duration (the ``Benchmark
Component Instruments''). The Fund will seek to achieve its investment
objective by investing in the Benchmark Component Instruments currently
constituting the Benchmark Portfolio. The Fund will invest in the
Treasury Instruments in the same weighting as the Benchmark Portfolio.
    The Benchmark Portfolio will be maintained by Sit Fixed Income
Advisors II, LLC (``Sit'') \16\ and will be rebalanced, reconstituted,
or both, monthly, typically on the 15th of each month and on the next
business day if the 15th is a holiday, weekend, or other day on which
the national exchanges are closed, to maintain a negative 10-year
average effective duration. The Benchmark Portfolio and the Fund will
each maintain a short position in Treasury Instruments. The Fund will
not use futures contracts or options to obtain leveraged investment
results. The Benchmark Component Instruments constituting the Benchmark
Portfolio and anticipated rebalancing dates, as well as the daily
holdings of the Fund, will be available on the Fund's Web site at
www.risingratefund.com.
---------------------------------------------------------------------------

    \16\ Sit is not affiliated with the Sponsor. Sit is not a
broker-dealer or affiliated with a broker-dealer.
---------------------------------------------------------------------------

    The weightings of the Treasury Instruments constituting the
Benchmark Portfolio and the Fund will be based on each maturity's
duration contribution. Longer duration treasuries will account for a
more meaningful portion of the Fund's price sensitivity to changes in
interest rates. As of October 9, 2014, the Benchmark Portfolio
consisted of:

------------------------------------------------------------------------
                                                              Percent of
                  Treasury instrument  (%)                    portfolio
------------------------------------------------------------------------
2 Year U.S. Treasury Futures...............................           45
5 Year U.S. Treasury Futures...............................           30
5 Year U.S. Treasury Call Options..........................           15
10 Year U.S. Treasury Put Options..........................           10
                                                            ------------
                                                                     100
------------------------------------------------------------------------

    The relative weightings of the Benchmark Component Instruments will
be shifted between maturities only when there are material changes in
the shape of the yield curve, for example, if the Federal Reserve began
raising short term interest rates more than long term interest rates.
In such an instance, Sit, which maintains the Benchmark Portfolio, will
increase the weightings of the 2-year and reduce the weighting in the
10-year maturity Treasury Instruments. Conversely, Sit will do the
opposite if the Federal Reserve began raising long term interest rates
more than short term interest rates. Reconstitution and rebalancing
each will occur monthly, on the 15th, or on the nest [sic] business day
if the 15th is a holiday, weekend, or other day on which the national
exchanges are closed, unless there are radical changes in the yield
curve such that effective duration is outside of a range from negative
nine to negative 11-year average effective duration, in which case Sit
will adjust the maturities of the Treasury Instruments before the next
expected monthly reconstitution.
    The Sponsor anticipates that approximately 5% to 15% of the Fund's
assets will be used as payment for or collateral for Treasury
Instruments. In order to collateralize its Treasury Instrument
positions the Fund will hold such assets, from which it will post
margin to its futures commission merchant (``FCM''), in an amount equal
to the margin required by the relevant exchange, and transfer to its
FCM any additional amounts that may be separately required by the
FCM.\17\ Any assets not required to be posted as margin with the FCM
will be held at the Fund's administrator in cash or cash equivalents as
discussed below.
---------------------------------------------------------------------------

    \17\ When establishing positions in Treasury Instruments, the
Fund will be required to deposit initial margin with a value of
approximately 3% to 10% of the value of each Treasury Instrument
position at the time it is established. These margin requirements
are subject to change from time to time by the exchange or the FCM.
On a daily basis, the Fund will be obligated to pay, or entitled to
receive, variation margin in an amount equal to the change in the
daily settlement level of its Treasury Instruments positions.
---------------------------------------------------------------------------

    The Benchmark Portfolio will be invested in Benchmark Component
Instruments and rebalanced, as noted above, to maintain a negative
average effective portfolio duration of approximately 10 years.
Duration is a measure of estimated price sensitivity relative to
changes in interest rates. Portfolios with longer durations are
typically more sensitive to changes in interest rates. For example, if
interest rates rise by 1%, the market value of a security with an
effective duration of 5 years would decrease by 5%, with all other
factors being constant, and likewise the market value of a security
with an effective duration of negative 5 years would increase by 5%,
with all other factors being constant. Duration estimates are based on
certain assumptions by Sit and are subject to a number of limitations.
Duration is a more accurate estimate of price sensitivity provided
interest rate changes are small and occur equally in short-term and
long-term securities. Investments in debt securities typically decrease
in value when interest rates rise. The risk is usually greater for
longer-term debt securities.
    The Fund will incur certain expenses in connection with its
operations. The Fund will hold cash or cash equivalents such as U.S.
Treasuries or other high credit quality, short-term fixed-income or
similar securities (such as shares of money market funds) for direct
investment or as collateral for the Treasury Instruments and for other
liquidity purposes and to meet redemptions that may be necessary on an
ongoing basis. These expenses and income from the cash and cash
equivalent holdings may cause imperfect correlation between changes in
the Fund's NAV and changes in the Benchmark Portfolio, because the
Benchmark Portfolio does not reflect expenses or income.

Net Asset Value
    According to the Registration Statement, the net asset value
(``NAV'') of the Fund will be calculated by taking the current market
value of its total assets, subtracting any liabilities, and dividing
that total by the total number of outstanding Shares.
    The Administrator will calculate the NAV daily and the NAV will be
released after 4:00 p.m. Eastern Time (``E.T.''), the end of the Core
Trading Session on the Exchange. For purposes of calculating NAV, the
Administrator will use the closing price of the Treasury Instruments on
the U.S. exchanges on which the Treasury Instruments are traded
(primarily on the exchanges within the Chicago Mercantile Exchange
Group of exchanges and other national exchanges (collectively, the
``Futures Exchanges'')). The Administrator will value all other
holdings of the Fund at (1) current market value, if quotations for
such property are readily available, or (2) fair value, as reasonably
determined by the Administrator, if the current market value cannot be
determined. Once the value of the Treasury Instruments and interest
earned on the Fund's cash and cash equivalents has been determined, the
Administrator will subtract all accrued expenses and liabilities of the
Fund as of the time of calculation in order to calculate the net asset
value of the Fund.
Intraday Indicative Value (``IIV'')
    According to the Registration Statement, the Exchange will
calculate and disseminate throughout the core trading session on each
trading day an updated IIV for the Fund. The IIV will be calculated by
using the Fund's prior day's closing NAV per share as a base and
updating that value throughout the trading day to reflect changes in
the most recently reported trade price for the Benchmark Component
Instruments. The net asset value of the Fund's cash and cash equivalent
holdings, on the other hand, will not be updated throughout the day.
    The IIV will be calculated on a per share basis every 15 seconds
during the Core Trading Session (9:30 a.m. E.T. to 4:00 p.m. E.T.) on
the Exchange. The normal trading hours of the Futures Exchanges are
10:00 a.m. to 2:30 p.m. E.T. This means that there is a gap in time at
the beginning and the end of each day during which the Fund's Shares
are traded on the Exchange but real-time Futures Exchanges trading
prices for contracts traded on the Futures Exchanges are unavailable.
During such gaps in time the IIV will be calculated based on the end of
day price of such contracts from the Futures Exchanges' immediately
preceding trading session.
    According to the Registration Statement, the Fund will provide the
independent third party calculator with information to calculate the
IIV, but the Fund will not be involved in the actual calculation of the
IIV and is not responsible for the calculation or dissemination of the
IIV. The Fund makes no warranty as to the accuracy of the IIV. The IIV
should not be viewed as a ``real-time'' update of NAV because the IIV
is not calculated in the same manner as NAV, which will be computed
once per day.
    The Exchange disseminates the IIV through the facilities of CTA/CQ
High Speed Lines. In addition, the IIV is published on the NYSE Arca's
Web site and is available through on-line information services such as
Bloomberg and Reuters.
    According to the Registration Statement, dissemination of the IIV
provides additional information that is not otherwise available to the
public and is useful to investors and market professionals in
connection with the trading of the Fund Shares on the Exchange.
Investors and market professionals are able throughout the trading day
to compare the market price of the Fund and the IIV. If the market
price of the Fund Shares diverges significantly from the IIV, market
professionals will have an incentive to execute arbitrage trades. Such
arbitrage trades can tighten the tracking between the market price of
the Fund and the IIV and thus can be beneficial to all market
participants.
    The IIV should not be viewed as an actual real time update of the
NAV, because the NAV is calculated only once at the end of each trading
day based upon the relevant end of day values of the Fund's
investments. The IIV also should not be viewed as a precise value of
the Shares.
    In addition to the IIV, the value of the Benchmark Portfolio
(excluding the cash and cash equivalent holdings) will be calculated
every 15 seconds on a delayed basis and disseminated through similar
means as the IIV.
Creation and Redemption of Shares
    The Fund will offer and issue Shares only in aggregations of a
specified number of Shares (each, a ``Creation Unit''). Creation Unit
sizes will be 25,000 Shares per Creation Unit. The Creation Unit size
for the Fund may change. The Fund will create and redeem Shares from
time to time in one or more ``Creation Baskets'' or ``Redemption
Baskets'' as described below. The creation and redemption of baskets
will only made in exchange for delivery to the Fund or the distribution
by the Fund of the amount of Treasuries and any cash represented by the
baskets being created or redeemed, the amount of which is based on the
combined NAV of the number of Shares included in the baskets being
created or redeemed determined as of 4:00 p.m. E.T. on the day the
order to create or redeem baskets is properly received.
    On any business day other than a day when any of the NYSE Arca, the
Futures Exchanges or the New York Stock Exchange are closed for regular
trading (``Business Day''), an Authorized Purchaser \18\ may place an
order with the Distributor to create one or more baskets. Purchase
orders must be placed by 12:00 p.m. E.T. or the close of regular
trading on the NYSE Arca, whichever is earlier. The day on which the
Distributor receives a valid purchase order is referred to as the
purchase order date. By placing a purchase order, an Authorized
Purchaser agrees to deposit Treasuries, cash or a combination of
Treasuries and cash, as described below. Prior to the delivery of
baskets for a purchase order, the Authorized Purchaser must also have
wired to the Custodian the non-refundable transaction fee due for the
purchase order.
---------------------------------------------------------------------------

    \18\ Authorized Purchasers will be the only persons that may
place orders to create and redeem baskets. Authorized Purchasers
must be (1) registered broker-dealers or other securities market
participants, and (2) have an account with the Depository Trust
Company. To become an Authorized Purchaser, a person must enter into
an Authorized Purchaser Agreement with ETFMC. The Authorized
Purchaser Agreement provides the procedures for the creation and
redemption of baskets and for the delivery of the Treasuries and any
cash required for such creation and redemptions. The Authorized
Purchaser Agreement and the related procedures attached thereto may
be amended by the Fund, without the consent of any limited partner
or shareholder or Authorized Purchaser.
---------------------------------------------------------------------------

    The total deposit required to create each basket (``Creation Basket
Deposit'') is the amount of Treasuries and/or cash that is in the same
proportion to the total assets of the Fund (net of estimated accrued
but unpaid fees, expenses and other liabilities) on the purchase order
date as the number of Shares to be created under the purchase order is
in proportion to the total number of Shares outstanding on the purchase
order dates. ETFMC determines, directly in its sole discretion or in
consultation with the Administrator, the requirements for Treasuries
and the amount of cash, including the maximum permitted remaining
maturity of a Treasury and proportions of Treasury and cash that

may be included in deposits to create baskets. The Distributor will
publish such requirements at the beginning of each Business Day. The
amount of cash deposit required is the difference between the aggregate
market value of the Treasuries required to be included in a Creation
Basket Deposit as of 4:00 p.m. E.T. on the date the order to purchase
is properly received and the total required deposit.
    The procedures by which an Authorized Purchaser can redeem one or
more baskets mirror the procedures for the creation of baskets. On any
Business Day, an Authorized Purchaser may place an order with the
Distributor to redeem one or more baskets. Redemption orders must be
placed by 12:00 p.m. E.T. or the close of regular trading on the NYSE
Arca, whichever is earlier. A redemption order so received will be
effective on the date it is received in satisfactory form by the
Distributor. The redemption procedures allow Authorized Purchasers to
redeem baskets and do not entitle an individual shareholder to redeem
any Shares in an amount less than a Redemption Basket, or to redeem
baskets other than through an Authorized Purchaser.
    The redemption distribution due from the Fund will be delivered to
the Authorized Purchaser by 3:00 p.m. E.T. on the third business day
following the redemption order date if, by 3:00 p.m. E.T. on such third
business day, the Fund's account at the Depositary Trust Company
(``DTC'') has been credited with the baskets to be redeemed. If the
Fund's DTC account has not been credited with all of the baskets to be
redeemed by such time, the redemption distribution will be delivered to
the extent of whole baskets received. Any remainder of the redemption
distribution will be delivered on the next business day to the extent
of remaining whole baskets received if the Fund receives the fee
applicable to the extension of the redemption distribution date which
ETFMC may, from time to time, determine and the remaining baskets to be
redeemed are credited to the Fund's DTC account by 3:00 p.m. E.T. on
such next business day. Any further outstanding amount of the
redemption order shall be cancelled.
    The Exchange will obtain a representation prior to listing of the
Fund from the Trust that the NAV per Share will be calculated daily and
made available to all market participants at the same time.
    The Fund will meet the initial and continued listing requirements
applicable to TIRs in NYSE Arca Equities Rule 8.200 and Commentary .02
thereto. With respect to application of Rule 10A-3 \19\ under the Act,
the Fund will rely on the exception contained in Rule 10A-3(c)(7).\20\
A minimum of 100,000 Shares of the Fund will be outstanding as of the
start of trading on the Exchange.
---------------------------------------------------------------------------

    \19\ 17 CFR 240.10A-3.
    \20\ 17 CFR 240.10A-3(c)(7).
---------------------------------------------------------------------------

    The Fund's investments will be consistent with the Fund's
investment objective and will not be used to enhance leverage. That is,
the Fund's investments will not be used to seek performance that is a
multiple (e.g., 2X or 3X) or inverse multiple of the Fund's Benchmark
Portfolio.
    A more detailed description of the Fund as well as investment
risks, creation and redemption procedures and fees is set forth in the
Registration Statement.
Availability of Information Regarding the Shares
    The Fund's Web site, www.risingratefund.com, will be publicly
accessible at no charge prior to the public offering of Shares and will
include a form of the prospectus for that may be downloaded. The Web
site will include additional quantitative information updated on a
daily basis, including (a) the current NAV per Share daily and the
prior Business Day's NAV and the reported closing price; (b) the mid-
point of the bid-ask price in relation to the NAV as of the time the
NAV is calculated (the ``Bid-Ask Price''); (c) calculation of the
premium or discount of such price against such NAV; (d) the Bid-Ask
Price of Shares determined using the highest bid and lowest offer as of
the time of calculation of the NAV; (e) data in chart form displaying
the frequency distribution of discounts and premiums of the Bid-Ask
Price against the NAV, within appropriate ranges for each of the four
(4) previous calendar quarters; (f) the prospectus; and (g) other
applicable quantitative information.
    In addition, a basket composition file, which includes the security
names and share quantities required to be delivered in exchange for
Fund Shares, together with estimates and actual cash components, will
be publicly disseminated daily prior to the opening of the Exchange via
the National Securities Clearing Corporation. The basket represents one
Creation Unit of the Fund.
    Investors can also obtain the Trust's Statement of Additional
Information (``SAI''), Shareholder Reports and Form N-CSR. The Trust's
SAI and Shareholder Reports are available free upon request from the
Trust, and those documents and the Form N-CSR may be viewed on-screen
or downloaded from the Commission's Web site at www.sec.gov.
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.
    The Exchange represents that quotation and last sale information
for the Treasury Instruments will be widely disseminated through a
variety of major market data vendors worldwide, such as Bloomberg and
Reuters. In addition, the Exchange further represents that complete
real-time price (and volume) data for such contracts is available by
subscription from Reuters and Bloomberg. The Futures Exchanges also
provide delayed futures price (and volume) information on current and
past trading sessions and market news free of charge on their Web sites
for Treasury Instruments. The specific contract specifications for such
contracts are also available at the Futures Exchanges Web sites, as
well as other financial informational sources. The price of Treasury
Instruments also is available on a 24-hour basis from major market data
vendors. Information relating to trading, including price and volume
information, in Treasury Instruments will be available from major
market data vendors and from the exchanges on which Treasury
Instruments trade.
    The Fund will provide Web site disclosure of its portfolio holdings
daily and will include the names, quantity, price and market value of
the Treasury Instruments held by the Fund and other financial
instruments such as Treasury Bills, if any, and the characteristics of
such instruments and cash equivalents, and amount of cash held in the
portfolio of the Fund. This Web site disclosure of the portfolio
composition of the Fund will occur at the same time as the disclosure
by the Sponsor of the portfolio composition to authorized participants
so that all market participants are provided portfolio composition
information at the same time. Therefore, the same portfolio information
will be provided on the public Web site as well as in electronic files
provided to authorized participants. Accordingly, each investor will
have access to the current portfolio composition of the Fund through
the Fund's Web site.
    The IIV will be calculated by using the Fund's prior day's closing
NAV per

share as a base and updating that value throughout the trading day to
reflect changes in the most recently reported trade price for the
Treasury Instruments. The IIV per Share will be widely disseminated by
one or more major market data vendors at least every 15 seconds during
the Core Trading Session.\21\
---------------------------------------------------------------------------

    \21\ Currently, it is the Exchange's understanding that several
major market data vendors display and/or make widely available IIVs
taken from the CTA or other data feeds.
---------------------------------------------------------------------------

    The NAV for the Shares will be disseminated to all market
participants at the same time. The Exchange will also make available on
its Web site daily trading volume of the Shares and the closing prices
of such Shares. The intra-day closing prices and settlement prices of
the Treasury Instruments are or will be readily available from the Web
sites of the Futures Exchanges on which Treasury Instruments are
traded. The relevant exchanges trading Treasury Instruments also
provide delayed futures information on current and past trading
sessions and market news free of charge on their respective Web sites.
    Quotation information from brokers and dealers or major market data
vendors will be available for U.S. Treasuries or other high credit
quality, short-term fixed-income or similar securities (such as shares
of money market funds).
    Quotation and last-sale information regarding the Shares will be
disseminated through the facilities of the CTA. In addition, the Fund's
Web site, www.risingratefund.com, will display the applicable end of
day closing NAV.
Availability of Information About the Benchmark Portfolio
    The daily closing Benchmark Portfolio level and the percentage
change in the daily closing level for the Benchmark Portfolio will be
publicly available from one or more major market data vendors. The
intraday value of the Benchmark Portfolio, updated every 15 seconds,
will also be available through major market data vendors.
    Pricing information regarding the Treasury Instruments will also be
available from the Futures Exchanges Web sites. Similar information
regarding the Treasury securities underlying the Treasury Instruments
will be publicly available from various financial information service
providers. Information relating to the weighting of Treasury
Instruments and the Benchmark Portfolio methodology is also available
on the Web site for Fund at www.risingratefund.com.
Trading Rules
    The Exchange deems the Shares to be equity securities, thus
rendering trading in the Shares subject to the Exchange's existing
rules governing the trading of equity securities. Shares will trade on
the NYSE Arca Marketplace from 4:00 a.m. to 8:00 p.m. E.T. in
accordance with NYSE Arca Equities Rule 7.34 (Opening, Core, and Late
Trading Sessions). The Exchange has appropriate rules to facilitate
transactions in the Shares during all trading sessions. As provided in
NYSE Arca Equities Rule 7.6, Commentary .03, the minimum price
variation (``MPV'') for quoting and entry of orders in equity
securities traded on the NYSE Arca Marketplace is $0.01, with the
exception of securities that are priced less than $1.00 for which the
MPV for order entry is $0.0001.
    The Shares will conform to the initial and continued listing
criteria under NYSE Arca Equities Rule 8.200. The Exchange represents
that, for initial and/or continued listing, the Fund will be in
compliance with Rule 10A-3 \22\ under the Act, 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.
---------------------------------------------------------------------------

    \22\ 17 CFR 240.10A-3.
---------------------------------------------------------------------------

    The trading of the Shares will be subject to NYSE Arca Equities
Rule 8.200, Commentary .02(e), which sets forth certain restrictions on
Equity Trading Permit (``ETP'') Holders acting as registered Market
Makers in TIRs to facilitate surveillance. See ``Surveillance'' below
for more information.
    With respect to trading halts, the Exchange may consider all
relevant factors in exercising its discretion to halt or suspend
trading in the Shares. Trading may be halted because of market
conditions or for reasons that, in the view of the Exchange, make
trading in the Shares inadvisable. These may include: (1) The extent to
which trading is not occurring in the underlying Treasury Instruments,
(2) if the creation or redemption of Shares is suspended for a period
that, in the judgment of the Exchange, may detrimentally impact
Exchange trading of the Shares, or (3) whether other unusual conditions
or circumstances detrimental to the maintenance of a fair and orderly
market are present. In addition, trading in Shares will be subject to
trading halts caused by extraordinary market volatility pursuant to the
Exchange's ``circuit breaker'' rule \23\ or by the halt or suspension
of trading of the underlying Treasury Instruments.
---------------------------------------------------------------------------

    \23\ See NYSE Arca Equities Rule 7.12.
---------------------------------------------------------------------------

    The Exchange represents that the Exchange may halt trading during
the day in which an interruption to the dissemination of the IIV, the
Benchmark Portfolio or the value of the underlying Treasury Instruments
occurs. If an interruption to the dissemination of the IIV, the
Benchmark Portfolio or the value of the underlying Treasury Instruments
persists past the trading day in which it occurred, the Exchange will
halt trading no later than the beginning of the trading day following
the interruption. In addition, if the Exchange becomes aware that the
NAV with respect to the Shares is not disseminated to all market
participants at the same time, it will halt trading in the Shares until
such time as the NAV is available to all market participants.
Surveillance
    The Exchange represents that trading in the Shares will be subject
to the existing trading surveillances, administered by the Financial
Industry Regulatory Authority (``FINRA'') on behalf of the Exchange,
which are designed to detect violations of Exchange rules and
applicable federal securities laws.\24\ The Exchange represents that
these procedures are adequate to properly monitor Exchange trading of
the Shares in all trading sessions and to deter and detect violations
of Exchange rules and federal securities laws applicable to trading on
the Exchange.
---------------------------------------------------------------------------

    \24\ FINRA surveils trading on the Exchange pursuant to a
regulatory services agreement. The Exchange is responsible for
FINRA's performance under this regulatory services agreement.
---------------------------------------------------------------------------

    The surveillances referred to above generally focus on detecting
securities trading outside their normal patterns, which could be
indicative of manipulative or other violative activity. When such
situations are detected, surveillance analysis follows and
investigations are opened, where appropriate, to review the behavior of
all relevant parties for all relevant trading violations.
    FINRA, on behalf of the Exchange, will communicate as needed
regarding trading in the Shares and underlying Treasury Instruments
with other markets and entities that are members of the Intermarket
Surveillance Group (``ISG''), and FINRA, on behalf of the Exchange, may
obtain trading information regarding trading in the Shares and
underlying Treasury Instruments from such markets and other entities.
In addition, the Exchange may obtain information regarding

trading in the Shares and underlying Treasury Instruments from markets
and other entities that are members of ISG or with which the Exchange
has in place a comprehensive surveillance sharing agreement.\25\ FINRA,
on behalf of the Exchange, is able to access, as needed, trade
information for certain fixed income securities held by the Fund
reported to FINRA's Trade Reporting and Compliance Engine (``TRACE'').
---------------------------------------------------------------------------

    \25\ For a list of the current members of ISG, see
www.isgportal.org. The Exchange notes that not all instruments
traded by the Fund may trade on markets that are members of ISG or
with which the Exchange has in place a comprehensive surveillance
sharing agreement.
---------------------------------------------------------------------------

    For components traded on exchanges, not more than 10% of the
components traded on exchanges shall consist of components whose
principal trading market is not a member of ISG or is a market with
which the Exchange does not have a comprehensive surveillance sharing
agreement.
    In addition, the Exchange also has a general policy prohibiting the
distribution of material, non-public information by its employees.
Information Bulletin
    Prior to the commencement of trading, the Exchange will inform its
ETP Holders in an Information Bulletin (``Bulletin'') of the special
characteristics and risks associated with trading the Shares.
Specifically, the Bulletin will discuss the following: (1) The
procedures for purchases and redemptions of Shares in Creation Basket
aggregations (and that Shares are not individually redeemable); (2)
NYSE Arca Equities Rule 9.2(a), which imposes a duty of due diligence
on its ETP Holders to learn the essential facts relating to every
customer prior to trading the Shares; (3) the risks involved in trading
the Shares during the Opening and Late Trading Sessions when an updated
IIV will not be calculated or publicly disseminated; (4) how
information regarding the IIV is disseminated; (5) the requirement that
ETP Holders deliver a prospectus to investors purchasing newly issued
Shares prior to or concurrently with the confirmation of a transaction;
and (6) trading information.
    In addition, the Bulletin will reference that the Fund is subject
to various fees and expenses described in the Registration Statement.
The Bulletin will discuss any exemptive, no-action, and interpretive
relief granted by the Commission from any rules under the Act. The
Bulletin will also disclose that the NAV for the Shares will be
calculated after 4:00 p.m. E.T. each trading day.
    The Information Circular will disclose that information about the
Shares of the Fund will be publicly available on the Fund's Web site.
2. Statutory Basis
    The basis under the Act for this proposed rule change is the
requirement under Section 6(b)(5) \26\ that an exchange have rules that
are designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to remove
impediments to, and perfect the mechanism of a free and open market
and, in general, to protect investors and the public interest.
---------------------------------------------------------------------------

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

    The Exchange believes that the proposed rule change is designed to
prevent fraudulent and manipulative acts and practices in that the
Shares will be listed and traded on the Exchange pursuant to the
initial and continued listing criteria in NYSE Arca Equities Rule 8.200
and Commentary .02 thereto. The Fund will seek to achieve its
investment objective by tracking the performance of the Benchmark
Portfolio. The Fund will invest in the Treasury Instruments in the same
weighting as the Benchmark Portfolio. The Sponsor represents that the
Fund will invest in Treasury Instruments in a manner consistent with
the Fund's investment objective and will not use futures contracts or
options to obtain leveraged investment results. The Sponsor is not
broker-dealer or affiliated with a broker-dealer. The Sponsor
represents that it will implement and maintain procedures designed to
prevent the use and dissemination of material non-public information.
Sit, which maintains the Benchmark Portfolio, is not affiliated with
the Sponsor and is not a broker-dealer or affiliated with a broker-
dealer.
    The Exchange has in place surveillance procedures that are adequate
to properly monitor trading in the Shares in all trading sessions and
to deter and detect violations of Exchange rules and applicable federal
securities laws. FINRA, on behalf of the Exchange, will communicate as
needed regarding trading in the Shares and underlying Treasury
Instruments with other markets and other entities that are members of
the ISG, and FINRA, on behalf of the Exchange, may obtain trading
information regarding trading in the Shares and underlying Treasury
Instruments from such markets and other entities. In addition, the
Exchange may obtain information regarding trading in the Shares and
underlying Treasury Instruments from markets and other entities that
are members of ISG or with which the Exchange has in place a
comprehensive surveillance sharing agreement. FINRA, on behalf of the
Exchange, is able to access, as needed, trade information for certain
fixed income securities held by the Fund reported to TRACE. For
components traded on exchanges, not more than 10% of the components
traded on exchanges shall consist of components whose principal trading
market is not a member of ISG or is a market with which the Exchange
does not have a comprehensive surveillance sharing agreement. The NAV
for the Shares will be disseminated to all market participants at the
same time. The Exchange will also make available on its Web site daily
trading volume of the Shares and the closing prices of such Shares. The
intra-day closing prices and settlement prices of the Treasury
Instruments are or will be readily available from the Web sites of the
Futures Exchanges on which Treasury Instruments are traded. The Futures
Exchanges trading Treasury Instruments also provide delayed futures
information on current and past trading sessions and market news free
of charge on their respective Web sites.
    In addition, quotation information from brokers and dealers or
major market data vendors will be available for U.S. Treasuries or
other high credit quality, short-term fixed-income or similar
securities (such as shares of money market funds).
    Quotation and last-sale information regarding the Shares will be
disseminated through the facilities of the CTA. In addition, the Fund's
Web site, www.risingratefund.com, will display the applicable end of
day closing NAV.
    The daily closing Benchmark Portfolio level and the percentage
change in the daily closing level for the Benchmark Portfolio will be
publicly available from one or more major market data vendors. The
intraday value of the Benchmark Portfolio, updated every 15 seconds,
will also available on a major market data vendor. Pricing information
regarding the Treasury Instruments will also available from the Futures
Exchanges Web sites. Similar information regarding the Treasury
securities underlying the Treasury Instruments will be publicly
available from various financial information service providers.
Information relating to the weighting of Treasury Instruments and the
Benchmark Portfolio methodology is also available on the Web site for
Fund at www.risingratefund.com.

    Trading may be halted because of market conditions or for reasons
that, in the view of the Exchange, make trading in the Shares
inadvisable. These may include: (1) The extent to which trading is not
occurring in the underlying Treasury Instruments, (2) if the creation
or redemption of Shares is suspended for a period that, in the judgment
of the Exchange, may detrimentally impact Exchange trading of the
Shares, or (3) whether other unusual conditions or circumstances
detrimental to the maintenance of a fair and orderly market are
present. Trading in Shares will be subject to trading halts caused by
extraordinary market volatility pursuant to the Exchange's ``circuit
breaker'' rule or by the halt or suspension of trading of the Treasury
Instruments. The Exchange represents that the Exchange may halt trading
during the day in which an interruption to the dissemination of the
IIV, the Benchmark Portfolio or the value of the underlying Treasury
Instruments occurs. If an interruption to the dissemination of the IIV,
the Benchmark Portfolio or the value of the underlying Treasury
Instruments persists past the trading day in which it occurred, the
Exchange will halt trading no later than the beginning of the trading
day following the interruption. In addition, if the Exchange becomes
aware that the NAV with respect to the Shares is not disseminated to
all market participants at the same time, it will halt trading in the
Shares until such time as the NAV is available to all market
participants.
    The proposed rule change is designed to promote just and equitable
principles of trade and to protect investors and the public interest in
that a large amount of information is publicly available regarding the
Shares, thereby promoting market transparency. The Fund's NAV will be
disseminated to all market participants at the same time. The IIV will
be disseminated at least every 15 seconds during the Core Trading
Session. Trading in the Shares will be halted if the circuit breaker
parameters in NYSE Arca Equities Rule 7.12 have been reached or because
of market conditions or for reasons that, in the view of the Exchange,
make trading in the Shares inadvisable. Moreover, prior to the
commencement of trading, the Exchange will inform its ETP Holders in an
Information Bulletin of the special characteristics and risks
associated with trading the Shares.
    The proposed rule change is designed to perfect the mechanism of a
free and open market and, in general, to protect investors and the
public interest in that it will facilitate the listing and trading of
an additional type of trust issued receipts that will enhance
competition among market participants, to the benefit of investors and
the marketplace. As noted above, FINRA, on the Exchange's behalf, has
in place surveillance procedures relating to trading in the Shares and
underlying Treasury Instruments and may obtain information via ISG from
other exchanges that are members of ISG or with which the Exchange has
entered into a comprehensive surveillance sharing agreement. In
addition, as noted above, investors will have ready access to
information regarding the Fund's holdings, IIV, and quotation and last
sale information for the Shares.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purpose of the Act. The Exchange notes that the
proposed rule change will facilitate the listing and trading of an
additional type of Trust Issued Receipts product that will principally
hold fixed income securities and derivatives thereon, and that will
enhance competition among market participants, to the benefit of
investors and the marketplace.

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

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

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

    Within 45 days of November 4, 2014 (the date of publication in the
Federal Register of notice of the proposed rule change as initially
filed with the Commission), or within such longer period up to 90 days
of that date (i) as the Commission may designate if it finds such
longer period to be appropriate and publishes its reasons for so
finding or (ii) as to which the self-regulatory organization consents,
the Commission will:
    (A) By order approve or disapprove the proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change, as modified by Amendment No. 2, is consistent with the Act.
Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2014-120 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2014-120. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site http://www.sec.gov/rules/sro.shtml.
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for Web site viewing and printing in
the Commission's Public Reference Room, 100 F Street NE., Washington,
DC 20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly.
    All submissions should refer to File Number SR-NYSEArca-2014-120
and should be submitted on or before December 11, 2014.

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

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

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-27456 Filed 11-19-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 201 (Wednesday, October 19, 2022)]
[Notices]
[Pages 63489-63490]
[FR Doc No: 2022-22684]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following Complaints
and Compliance filings in EL Dockets:
    Docket Numbers: EL22-17-000.

    Applicants: Niagara Mohawk Power Corporation.
    Description: Supplement to August 23, 2022 Filing of Niagara Mohawk
Power Corporation d/b/a National Grid in Compliance with March 11, 2022
Order, and Request for Shortened Seven-Day Comment Period, etc.
    Filed Date: 10/11/22.
    Accession Number: 20221011-5399.
    Comment Date: 5 p.m. ET 10/18/22.

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

    Docket Numbers: ER13-2387-010; ER15-190-020; ER18-1343-013.
    Applicants: Carolina Solar Power, LLC, Duke Energy Renewable
Services, LLC, Duke Energy Florida, Inc.
    Description: Second Amendment to July 28, 2022, Notice of Non-
Material Change in Status of Duke Energy Florida, LLC, et al.
    Filed Date: 10/13/22.
    Accession Number: 20221013-5045.
    Comment Date: 5 p.m. ET 10/24/22.

    Docket Numbers: ER22-2773-001.
    Applicants: Smoky Mountain Transmission LLC.
    Description: Tariff Amendment: Request for Deferral of Action to be
effective 12/31/9998.
    Filed Date: 10/13/22.
    Accession Number: 20221013-5131.
    Comment Date: 5 p.m. ET 11/3/22.

    Docket Numbers: ER23-75-000.
    Applicants: Energy Harbor LLC.
    Description: Request for Waiver of Energy Harbor LLC.
    Filed Date: 10/11/22.
    Accession Number: 20221011-5401.
    Comment Date: 5 p.m. ET 11/1/22.

    Docket Numbers: ER23-76-000.
    Applicants: Sustainable Star, LLC.
    Description: Notice of Cancellation of Market Based Rate Tariff of
Sustainable Star, LLC.
    Filed Date: 10/11/22.
    Accession Number: 20221011-5402.
    Comment Date: 5 p.m. ET 11/1/22.

    Docket Numbers: ER23-77-000.
    Applicants: New York State Electric & Gas Corporation, New York
Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: New York State Electric &
Gas Corporation submits tariff filing per 35.13(a)(2)(iii: NYISO-NYSEG
Joint 205: SGIA NYISO, NYSEG, SunEast Valley Solar SA2729--CEII to be
effective 10/3/2022.
    Filed Date: 10/13/22.
    Accession Number: 20221013-5007.
    Comment Date: 5 p.m. ET 11/3/22.

    Docket Numbers: ER23-78-000.
    Applicants: Central Hudson Gas & Electric Corporation, New York
Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: Central Hudson Gas &
Electric Corporation submits tariff filing per 35.13(a)(2)(iii: NYISO
Joint 205: LGIA NYISO, Central Hudson, KCE NY 2 Project SA2719--CEII to
be effective 9/30/2022.
    Filed Date: 10/13/22.
    Accession Number: 20221013-5013.
    Comment Date: 5 p.m. ET 11/3/22.

    Docket Numbers: ER23-79-000.
    Applicants: Southern California Edison Company.
    Description: Sec.  205(d) Rate Filing: Kitching St & San Michele Rd
1st Amend Letter to IFA-DSA + 3 Load Terminations to be effective 10/
14/2022.
    Filed Date: 10/13/22.
    Accession Number: 20221013-5051.
    Comment Date: 5 p.m. ET 11/3/22.

    Docket Numbers: ER23-80-000.
    Applicants: The Connecticut Light and Power Company.
    Description: Tariff Amendment: Cancelation of Engineering, Design,
Procurement Agreement--EIP Investments, LLC to be effective 10/14/2022.
    Filed Date: 10/13/22.
    Accession Number: 20221013-5071.
    Comment Date: 5 p.m. ET 11/3/22.

    Docket Numbers: ER23-81-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Amendment to ISA, Service
Agreement No. 6106; Queue No. AD2-213 to be effective 6/17/2021.
    Filed Date: 10/13/22.
    Accession Number: 20221013-5108.
    Comment Date: 5 p.m. ET 11/3/22.

    Docket Numbers: ER23-82-000.
    Applicants: Citizens Sunrise Transmission LLC.
    Description: Sec.  205(d) Rate Filing: Annual TRBAA Filing October
2022 to be effective 1/1/2023.

    Filed Date: 10/13/22.
    Accession Number: 20221013-5110.
    Comment Date: 5 p.m. ET 11/3/22.

    Docket Numbers: ER23-83-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Amendment to WMPA, Service
Agreement No. 6080; Queue No. AF2-274 to be effective 5/4/2021.
    Filed Date: 10/13/22.
    Accession Number: 20221013-5116.
    Comment Date: 5 p.m. ET 11/3/22.

    Docket Numbers: ER23-84-000.
    Applicants: Citizens Sycamore-Penasquitos Transmission LLC.
    Description: Sec.  205(d) Rate Filing: Annual TRBAA Filing for 2022
to be effective 1/1/2023.
    Filed Date: 10/13/22.
    Accession Number: 20221013-5132.
    Comment Date: 5 p.m. ET 11/3/22.

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

    Dated: October 13, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-22684 Filed 10-18-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 5 (Thursday, January 8, 2015)]
[Notices]
[Pages 1070-1072]
[FR Doc No: 2015-00097]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2014-0307]

Qualification of Drivers; Exemption Applications; Diabetes
Mellitus

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

ACTION: Notice of final disposition.

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

SUMMARY: FMCSA confirms its decision to exempt 32 individuals from its
rule prohibiting persons with insulin-treated diabetes mellitus (ITDM)
from operating commercial motor vehicles (CMVs) in interstate commerce.
The exemptions

enable these individuals to operate CMVs in interstate commerce.

DATES: The exemptions were effective on November 22, 2014. The
exemptions expire on November 22, 2016.

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, R.N., Chief, Medical
Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA, Room
W64-224, Department of Transportation, 1200 New Jersey Avenue SE.,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.,
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

I. Electronic Access

    You may see all the comments online through the Federal Document
Management System (FDMS) at: http://www.regulations.gov.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov and/or Room W12-140 on the
ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

II. Background

    On October 22, 2014, FMCSA published a notice of receipt of Federal
diabetes exemption applications from 32 individuals and requested
comments from the public (79 FR 63214). The public comment period
closed on November 21, 2014, and no comments were received.
    FMCSA has evaluated the eligibility of the 32 applicants and
determined that granting the exemptions to these individuals would
achieve a level of safety equivalent to or greater than the level that
would be achieved by complying with the current regulation 49 CFR
391.41(b)(3).

III. Diabetes Mellitus and Driving Experience of the Applicants

    The Agency established the current requirement for diabetes in 1970
because several risk studies indicated that drivers with diabetes had a
higher rate of crash involvement than the general population. The
diabetes rule provides that ``A person is physically qualified to drive
a commercial motor vehicle if that person has no established medical
history or clinical diagnosis of diabetes mellitus currently requiring
insulin for control'' (49 CFR 391.41(b)(3)).
    FMCSA established its diabetes exemption program, based on the
Agency's July 2000 study entitled ``A Report to Congress on the
Feasibility of a Program to Qualify Individuals with Insulin-Treated
Diabetes Mellitus to Operate in Interstate Commerce as Directed by the
Transportation Act for the 21st Century.'' The report concluded that a
safe and practicable protocol to allow some drivers with ITDM to
operate CMVs is feasible. The September 3, 2003 (68 FR 52441), Federal
Register notice in conjunction with the November 8, 2005 (70 FR 67777),
Federal Register notice provides the current protocol for allowing such
drivers to operate CMVs in interstate commerce.
    These 32 applicants have had ITDM over a range of 1 to 34 years.
These applicants report no severe hypoglycemic reactions resulting in
loss of consciousness or seizure, requiring the assistance of another
person, or resulting in impaired cognitive function that occurred
without warning symptoms, in the past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in the past 5 years. In each case,
an endocrinologist verified that the driver has demonstrated a
willingness to properly monitor and manage his/her diabetes mellitus,
received education related to diabetes management, and is on a stable
insulin regimen. These drivers report no other disqualifying
conditions, including diabetes-related complications. Each meets the
vision requirement at 49 CFR 391.41(b)(10).
    The qualifications and medical condition of each applicant were
stated and discussed in detail in the October 22, 2014, Federal
Register notice and they will not be repeated in this notice.

IV. Discussion of Comments

    FMCSA received no comments in this proceeding.

V. Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the diabetes requirement in 49 CFR 391.41(b)(3) if the exemption
is likely to achieve an equivalent or greater level of safety than
would be achieved without the exemption. The exemption allows the
applicants to operate CMVs in interstate commerce.
    To evaluate the effect of these exemptions on safety, FMCSA
considered medical reports about the applicants' ITDM and vision, and
reviewed the treating endocrinologists' medical opinion related to the
ability of the driver to safely operate a CMV while using insulin.
    Consequently, FMCSA finds that in each case exempting these
applicants from the diabetes requirement in 49 CFR 391.41(b)(3) is
likely to achieve a level of safety equal to that existing without the
exemption.

VI. Conditions and Requirements

    The terms and conditions of the exemption will be provided to the
applicants in the exemption document and they include the following:
(1) That each individual submit a quarterly monitoring checklist
completed by the treating endocrinologist as well as an annual
checklist with a comprehensive medical evaluation; (2) that each
individual reports within 2 business days of occurrence, all episodes
of severe hypoglycemia, significant complications, or inability to
manage diabetes; also, any involvement in an accident or any other
adverse event in a CMV or personal vehicle, whether or not it is
related to an episode of hypoglycemia; (3) that each individual provide
a copy of the ophthalmologist's or optometrist's report to the medical
examiner at the time of the annual medical examination; and (4) that
each individual provide a copy of the annual medical certification to
the employer for retention in the driver's qualification file, or keep
a copy in his/her driver's qualification file if he/she is self-
employed. The driver must also have a copy of the certification when
driving, for presentation to a duly authorized Federal, State, or local
enforcement official.

VII. Conclusion

    Based upon its evaluation of the 32 exemption applications, FMCSA
exempts the following drivers from the diabetes requirement in 49 CFR
391.41(b)(10), subject to the requirements cited above 949 CFR
391.64(b)):

Jeffrey S. Argabright (OH)
Darrell G. Brave (WA)
Domingo Cantu (WA)
Nicholas M. Cooper (FL)
James L. Crane (MS)
Bobby O. Devaney (AL)
Donald L. Feltman (MN)
Benjamin T. Filip (ND)
Harold L. Gomez (LA)
Arthur Gonzalez (TX)
Charles W. Guillory (LA)
Bernard Heffern (NJ)

John W. Hurlbert (NJ)
Roosevelt Isaiah (SC)
William T. Jensen (NJ)
Robert W. Johnson, Sr. (NY)
Joseph H. Karas (NJ)
Randy C. Lee (NY)
Gerald R. Lewis (TN)
John R. Miller, II (OR)
Robert A. Nicolai (MO)
William P. Pearson, II (WI)
Alan M. Primus (IA)
Otto E. Reimer (MT)
Danny L. Reimers (NM)
Michael L. Reynolds (NC)
Samuel H. Schmidt (MN)
Timothy W. Selk (AK)
Dennis J. Stanley (IL)
Howard J. Steinberg (MA)
Steven M. Weimer (PA)
Michael L. Westbury (SC)

    In accordance with 49 U.S.C. 31136(e) and 31315 each exemption is
valid for two years unless revoked earlier by FMCSA. The exemption will
be revoked if the following occurs: (1) The person fails to comply with
the terms and conditions of the exemption; (2) the exemption has
resulted in a lower level of safety than was maintained before it was
granted; or (3) continuation of the exemption would not be consistent
with the goals and objectives of 49 U.S.C. 31136(e) and 31315. If the
exemption is still effective at the end of the 2-year period, the
person may apply to FMCSA for a renewal under procedures in effect at
that time.

    Issued on: December 30, 2014.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-00097 Filed 1-7-15; 8:45 am]
BILLING CODE 4910-EX-P