[Federal Register Volume 78, Number 124 (Thursday, June 27, 2013)]
[Rules and Regulations]
[Pages 38550-38551]
[FR Doc No: 2013-15179]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0205; Directorate Identifier 2012-NM-226-AD;
Amendment 39-17493; AD 2013-13-05]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all The
Boeing Company Model 747SP series airplanes, and certain The Boeing
Company Model 747-100B SUD and 747-300 series airplanes. This AD was
prompted by an evaluation by the design approval holder indicating that
the fuselage skin just above certain lap splice locations is subject to
widespread fatigue damage. This AD requires repetitive inspections for
cracking of the fuselage skin above certain lap splice locations, and
repair if necessary. We are issuing this AD to detect and correct
fatigue cracking of the fuselage skin, which could result in reduced
structural integrity of the airplane and sudden loss of cabin pressure.

DATES: This AD is effective August 1, 2013.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of August 1,
2013.

ADDRESSES: 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<PHONE_NUMBER>,
extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com.
You may review copies of the 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>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; 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 AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (phone:<PHONE_NUMBER>) is Document Management Facility,
U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Nathan Weigand, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office
(ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-
6428; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM published in the Federal Register on March 7, 2013 (78 FR
14719). That NPRM proposed to require repetitive inspections for
cracking of the fuselage skin above certain lap splice locations, and
repair if necessary.

Comments

    We gave the public the opportunity to participate in developing
this AD. We have considered the comment received. Boeing supported the
NPRM (78 FR 14719, March 7, 2013).

Conclusion

    We reviewed the relevant data, considered the comment received, and
determined that air safety and the public interest require adopting the
AD as proposed-except for minor editorial changes. We have determined
that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM (78 FR 14719, March 7, 2013) for correcting the unsafe condition;
and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (78 FR 14719, March 7, 2013).

Costs of Compliance

    We estimate that this AD affects 4 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                             Parts                              Cost on U.S.
               Action                      Labor cost         cost     Cost per product          operators
----------------------------------------------------------------------------------------------------------------
Inspection.........................  Up to 57 work-hours x      $0  Up to $4,845, per      Up to $19,380, per
                                      $85 per hour =                 inspection cycle.      inspection cycle.
                                      $4,845, per
                                      inspection cycle.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide
coststimates for the on-condition actions specified in this 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

    This AD will not have federalism implications under Executive Order
13132. This AD will 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 that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979),
    (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.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 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):

2013-13-05 The Boeing Company: Amendment 39-17493; Docket No. FAA-
2013-0205; Directorate Identifier 2012-NM-226-AD.

(a) Effective Date

    This AD is effective August 1, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company airplanes, certificated in
any category, identified in paragraphs (c)(1), (c)(2), and (c)(3) of
this AD.
    (1) All Model 747SP airplanes.
    (2) Model 747-100B SUD airplanes, line numbers 636 and 655.
    (3) Model 747-300 airplanes, line numbers 692 through 695
inclusive.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by an evaluation by the design approval
holder indicating that the fuselage skin just above certain lap
splice locations is subject to widespread fatigue damage. We are
issuing this AD to detect and correct fatigue cracking of the
fuselage skin, which could result in reduced structural integrity of
the airplane and sudden loss of cabin pressure.

(f) Compliance

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

(g) Repetitive Inspections

    Perform external sliding probe eddy current inspections of the
fuselage skin for cracking, in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin 747-53A2854, dated
September 17, 2012, except where this service bulletin specifies to
contact Boeing for inspection instructions, this AD requires doing
the inspection using a method approved in accordance with the
procedures specified in paragraph (h) of this AD. Do the inspection
at the applicable initial compliance time specified in paragraph
1.E., ``Compliance,'' of Boeing Alert Service Bulletin 747-53A2854,
dated September 17, 2012, except that where this service bulletin
specifies a compliance time after the ``original issue date of this
service bulletin,'' this AD requires compliance within the specified
compliance time after the effective date of this AD.
    (1) If no cracking is found during any inspection required by
paragraph (g) of this AD, repeat the inspection thereafter at the
applicable intervals specified in paragraph 1.E., ``Compliance,'' of
Boeing Alert Service Bulletin 747-53A2854, dated September 17, 2012.
    (2) If any cracking is found during any inspection required by
paragraph (g) of this AD: Before further flight, repair the cracking
using a method approved in accordance with the procedures specified
in paragraph (h) of this AD.

 (h) 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 the Related Information
section 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 required by this AD if it is approved by the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that has been authorized by the Manager, Seattle ACO, to make
those findings. For a repair method to be approved, the repair must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.

(i) Related Information

    For more information about this AD, contact Nathan Weigand,
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>
 (j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Alert Service Bulletin 747-53A2854, dated September
17, 2012.
    (ii) Reserved.
    (3) For Boeing service information identified in this AD, Boeing
Commercial Airplanes, Attention: Data & Services Management, P. O.
Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone<PHONE_NUMBER>,
extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com.
    (4) You may review this 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>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on June 12, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-15179 Filed 6-26-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 83 (Wednesday, April 30, 2014)]
[Notices]
[Page 24487]
[FR Doc No: 2014-09901]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Availability of Draft Written Reevaluation for the Proposed West
Aircraft Maintenance Area at Los Angeles International Airport, Los
Angeles, Los Angeles County, CA

AGENCY: Federal Aviation Administration, Department of Transportation
(DOT).

ACTION: Notice of availability of draft written reevaluation.

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SUMMARY: The Federal Aviation Administration (FAA) is issuing this
notice to advise the public that the Draft Written Reevaluation for a
minor adjustment to a project evaluated in FAA's 2005 Final
Environmental Impact Statement (FEIS) for the LAX Master Plan will be
made available for public comment. The Draft Written Reevaluation has
been prepared for the construction and operation of the proposed West
Aircraft Maintenance Area (WAMA) west of Taxiway AA in the southwest
quadrant of Los Angeles International Airport, Los Angeles, California.
FAA is seeking comments on the Draft Written Reevaluation.

FOR FURTHER INFORMATION CONTACT: David B. Kessler, AICP, Regional
Environmental Protection Specialist, AWP-610.1, Airports Division,
Federal Aviation Administration, Western-Pacific Region, P.O. Box
92007, Los Angeles, California 90009-2007, Telephone: 310/725-3615.
Comments on the draft Written Reevaluation should be submitted to the
address above and must be received no later than 5:00 p.m. Pacific
Standard Time, Friday, May 30, 2014.

SUPPLEMENTARY INFORMATION: In December 2004, the Los Angeles City
Council approved the Master Plan for Los Angeles International Airport
(LAX). From this Master Plan, the City of Los Angeles, through its
Airport Department--Los Angeles World Airports (LAWA), prepared an
Airport Layout Plan (ALP). The ALP depicts the existing and planned
future locations of runways, taxiways, aircraft parking aprons,
terminal buildings and other associated facilities on the airport. At
the time the ALP was prepared, the LAWA's and Federal Aviation
Administration's (FAA) focus was on airfield safety to reduce runway
incursions. A minor component of the Master Plan included aircraft
maintenance. The ALP depicts various existing hangar buildings to be
demolished and aircraft maintenance to be consolidated into the
southwest quadrant of the airport on the east side of a north/south
taxiway called ``Taxiway AA.''
    The FAA has prepared a Draft Written Reevaluation for a minor
adjustment to a project evaluated in its 2005 Final Environmental
Impact Statement (EIS) for the LAX Master Plan pursuant to the National
Environmental Policy Act of 1969. LAWA proposes to adjust its LAX ALP
to depict the proposed West Aircraft Maintenance Area (WAMA) on the
west side of Taxiway AA rather than the east side as originally
proposed in the 2005 Final EIS.
    FAA is making the Draft Written Reevaluation available to the
public and governmental agencies for review and comment. The Draft
Written Reevaluation discusses the change in the location of the
proposed WAMA project and briefly summarizes the potential
environmental consequences of the LAWA's proposed change. The change in
the proposed location of the West Employee Parking Facility is also
discussed in the Draft Written Reevaluation. The anticipated impacts of
the proposed WAMA project are compared to what was evaluated in the
FAA's 2005 Final Environmental Impact Statement (EIS) and approved in
the FAA's Record of Decision dated May 20, 2005. Further, LAWA is not
proposing to implement the West Employee Parking Facility at this time.
    FAA has prepared the Draft Written Reevaluation pursuant to FAA
Order 1050.1E, Environmental Impacts: Policies and Procedures, and FAA
Order 5050.4B, National Environmental Policy Act (NEPA) Implementing
Instructions for Airport Actions. LAWA is seeking federal approval of
the ALP for the proposed WAMA. FAA does not anticipate LAWA seeking
federal funding assistance for the proposal.
    Copies of the Draft Written Reevaluation are available for public
review at the following locations during normal business hours: U.S.
Department of Transportation, Federal Aviation Administration, Western-
Pacific Region, Office of the Airports Division, 15000 Aviation
Boulevard, Hawthorne, California 90261.
    The document is also available for public review at the following
libraries and at the following Web site: http://www.faa.gov/airports/western_pacific/environmental/.

Westchester-Loyola Village Branch Library--7114 W. Manchester Ave., Los
Angeles, CA 90045.
El Segundo Library--111 W. Mariposa Ave., El Segundo, CA 90245.
Inglewood Library--101 W. Manchester Blvd., Inglewood, CA 90301.
Culver City Library--4975 Overland Ave., Culver City, CA 90230.

    The Draft Written Reevaluation will be available for public comment
for 30 days. Written comments on the Draft Written Reevaluation should
be submitted to the address above under the heading FOR FURTHER
INFORMATION CONTACT and must be received no later than 5:00 p.m.
Pacific Standard Time, Friday, May 30, 2014. FAA will consider all
comments received when making a decision whether the requested ALP
changes may be approved based on the Written Reevaluation or whether
further environmental review for the proposed WAMA is required.
    Before including your name, address and telephone number, email or
other personal identifying information in your comment, be advised that
your entire comment--including your personal identifying information--
may be made publicly available at any time. While you can ask us in
your comment to withhold from public review your personal identifying
information, we cannot guarantee that we will be able to do so.

    Issued in Hawthorne, California on April 16, 2014.
Mark A. McClardy,
Manager, Airports Division, Western--Pacific Region, AWP-600.
[FR Doc. 2014-09901 Filed 4-29-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 70 (Wednesday, April 14, 2021)]
[Notices]
[Pages 19657-19664]
[FR Doc No: 2021-07597]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-91514; File No. SR-NYSEArca-2021-23]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change List and Trade
Shares of the: Fidelity Women's Leadership ETF and Fidelity
Sustainability U.S. Equity ETF

    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on April 6, 2021, NYSE Arca, Inc. (``NYSE Arca'' or the ``Exchange'')
filed with the Securities and Exchange Commission (the ``Commission'')
the proposed rule change as described in Items I and II below, which
Items have been prepared by the self-regulatory organization. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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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 following
under NYSE Arca Rule 8.601-E: Fidelity Women's Leadership ETF and
Fidelity Sustainability U.S. Equity ETF. The proposed rule change is
available on the Exchange's website 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
Statutory Basis for, the Proposed Rule Change

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

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

1. Purpose
    The Exchange has adopted NYSE Arca Rule 8.601-E for the purpose of
permitting the listing and trading, or trading pursuant to unlisted
trading privileges (``UTP''), of Active Proxy Portfolio Shares, which
are securities issued by an actively managed open-end investment
management company.\3\ Commentary .01 to Rule 8.601-E requires the
Exchange to file separate proposals under Section 19(b) of the Act
before listing and trading any series of Active Proxy Portfolio Shares
on the Exchange. Therefore, the Exchange is submitting this proposal in
order to list and trade shares (``Shares'') of Active Proxy Portfolio
Shares of the Fidelity Women's Leadership ETF and Fidelity
Sustainability U.S. Equity ETF (each a ``Fund'' and, collectively, the
``Funds'') under Rule 8.601-E.
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    \3\ See Securities Exchange Act Release No. 89185 (June 29,
2020), 85 FR 40328 (July 6, 2020) (SR-NYSEArca-2019-95). Rule 8.601-
E(c)(1) provides that ``[t]he term ``Active Proxy Portfolio Share''
means a security that (a) is issued by a investment company
registered under the Investment Company Act of 1940 (``Investment
Company'') organized as an open-end management investment company
that invests in a portfolio of securities selected by the Investment
Company's investment adviser consistent with the Investment
Company's investment objectives and policies; (b) is issued in a
specified minimum number of shares, or multiples thereof, in return
for a deposit by the purchaser of the Proxy Portfolio and/or cash
with a value equal to the next determined net asset value (``NAV'');
(c) when aggregated in the same specified minimum number of Active
Proxy Portfolio Shares, or multiples thereof, may be redeemed at a
holder's request in return for the Proxy Portfolio and/or cash to
the holder by the issuer with a value equal to the next determined
NAV; and (d) the portfolio holdings for which are disclosed within
at least 60 days following the end of every fiscal quarter.'' Rule
8.601-E(c)(2) provides that ``[t]he term ``Actual Portfolio'' means
the identities and quantities of the securities and other assets
held by the Investment Company that shall form the basis for the
Investment Company's calculation of NAV at the end of the business
day.'' Rule 8.601-E(c)(3) provides that ``[t]he term ``Proxy
Portfolio'' means a specified portfolio of securities, other
financial instruments and/or cash designed to track closely the
daily performance of the Actual Portfolio of a series of Active
Proxy Portfolio Shares as provided in the exemptive relief pursuant
to the Investment Company Act of 1940 applicable to such series.''
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Key Features of Active Proxy Portfolio Shares
    While funds issuing Active Proxy Portfolio Shares will be actively-
managed and, to that extent, will be similar to Managed Fund Shares,
Active Proxy Portfolio Shares differ from Managed Fund Shares in the
following important respects. First, in contrast to Managed Fund
Shares, which are actively-managed funds listed and traded under NYSE
Arca Rule 8.600-E \4\ and for which a ``Disclosed Portfolio'' is
required to be disseminated at least once daily,\5\ the portfolio for
an issue of Active Proxy Portfolio Shares will be publicly disclosed
within at least 60 days following the end of every fiscal quarter in
accordance with normal disclosure requirements otherwise applicable to
open-end management investment companies registered under the
Investment Company Act of 1940 (the ``1940 Act'').\6\ The composition
of the portfolio of an issue of Active Proxy Portfolio Shares would not
be available at commencement of Exchange listing and trading. Second,
in connection with the creation and redemption of Active Proxy
Portfolio Shares, such creation or redemption may be exchanged for a
Proxy Portfolio and/or cash with a value equal to the next-determined
NAV. A series of Active Proxy Portfolio Shares will disclose the Proxy
Portfolio on a daily basis, which, as described above, is designed to
track closely the daily performance of the Actual Portfolio of a series
of Active Proxy Portfolio Shares,

instead of the actual holdings of the Investment Company, as provided
by a series of Managed Fund Shares.
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    \4\ The Commission has previously approved listing and trading
on the Exchange of a number of issues of Managed Fund Shares under
NYSE Arca Rule 8.600-E. See, e.g., Securities Exchange Act Release
Nos. 57801 (May 8, 2008), 73 FR 27878 (May 14, 2008) (SR-NYSEArca-
2008-31) (order approving Exchange listing and trading of twelve
actively-managed funds of the WisdomTree Trust); 60460 (August 7,
2009), 74 FR 41468 (August 17, 2009) (SR-NYSEArca-2009-55) (order
approving listing of Dent Tactical ETF); 63076 (October 12, 2010),
75 FR 63874 (October 18, 2010) (SR-NYSEArca-2010-79) (order
approving Exchange listing and trading of Cambria Global Tactical
ETF); 63802 (January 31, 2011), 76 FR 6503 (February 4, 2011) (SR-
NYSEArca-2010-118) (order approving Exchange listing and trading of
the SiM Dynamic Allocation Diversified Income ETF and SiM Dynamic
Allocation Growth Income ETF). The Commission also has approved a
proposed rule change relating to generic listing standards for
Managed Fund Shares. Securities Exchange Act Release No. 78397 (July
22, 2016), 81 FR 49320 (July 27, 2016) (SR-NYSEArca-2015-110)
(amending NYSE Arca Equities Rule 8.600 to adopt generic listing
standards for Managed Fund Shares).
    \5\ NYSE Arca Rule 8.600-E(c)(2) defines the term ``Disclosed
Portfolio'' as the identities and quantities of the securities and
other assets held by the Investment Company that will form the basis
for the Investment Company's calculation of net asset value at the
end of the business day. NYSE Arca Rule 8.600-E(d)(2)(B)(i) requires
that the Disclosed Portfolio will be disseminated at least once
daily and will be made available to all market participants at the
same time.
    \6\ A mutual fund is required to file with the Commission its
complete portfolio schedules for the second and fourth fiscal
quarters on Form N-CSR under the 1940 Act. Information reported on
Form N-PORT for the third month of a fund's fiscal quarter will be
made publicly available 60 days after the end of a fund's fiscal
quarter. Form N-PORT requires reporting of a fund's complete
portfolio holdings on a position-by-position basis on a quarterly
basis within 60 days after fiscal quarter end. Investors can obtain
a series of Active Proxy Portfolio Shares' Statement of Additional
Information (``SAI''), its Shareholder Reports, its Form N-CSR,
filed twice a year, and its Form N-CEN, filed annually. A series of
Active Proxy Portfolio Shares' SAI and Shareholder Reports will be
available free upon request from the Investment Company, and those
documents and the Form N-PORT, Form N-CSR, and Form N-CEN may be
viewed on-screen or downloaded from the Commission's website at
www.sec.gov.
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    The Commission has previously approved listing and trading on the
Exchange of series of Active Proxy Portfolio Shares under NYSE Arca
Rule 8.601-E.\7\
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    \7\ See Securities Exchange Act Release Nos. 89185 (June 29,
2020), 85 FR 40328 (July 6, 2020) (SR-NYSEArca-2019-95) (Notice of
Filing of Amendment No. 6 and Order Granting Accelerated Approval of
a Proposed Rule Change, as Modified by Amendment No. 6, to Adopt
NYSE Arca Rule 8.601-E to Permit the Listing and Trading of Active
Proxy Portfolio Shares and To List and Trade Shares of the Natixis
U.S. Equity Opportunities ETF Under Proposed NYSE Arca Rule 8.601-E)
(``Natixis Order''); 89192 (June 30, 2020), 85 FR 40699 (July 7,
2020) (SR-NYSEArca-2019-96) (Notice of Filing of Amendment No. 5 and
Order Granting Accelerated Approval of a Proposed Rule Change, as
Modified by Amendment No. 5, to List and Trade Two Series of Active
Proxy Portfolio Shares Issued by the American Century ETF Trust
under NYSE Arca Rule 8.601-E) (``American Century Order''); 89191
(June 30, 2020), 85 FR 40358 (July 6, 2020) (SR-NYSEArca-2019-92)
(Notice of Filing of Amendment No. 3 and Order Granting Accelerated
Approval of a Proposed Rule Change, as Modified by Amendment No. 3,
to List and Trade Four Series of Active Proxy Portfolio Shares
Issued by T. Rowe Price Exchange-Traded Funds, Inc. under NYSE Arca
Rule 8.601-E) (``T. Rowe Price Approval Order''); 89438 (July 31,
2020), 85 FR 47821 (August 6, 2020) (SR-NYSEArca-2020-51) (Order
Granting Approval of a Proposed Rule Change, as Modified by
Amendment No. 2, to List and Trade Shares of Natixis Vaughan Nelson
Select ETF and Natixis Vaughan Nelson MidCap ETF under NYSE Arca
Rule 8.601-E). See also Securities Exchange Act Release Nos. 88887
(May 15, 2020), 85 FR 30990 (May 21, 2020) (SR-CboeBZX-2019-107)
(Notice of Filing of Amendment No. 5 and Order Granting Accelerated
Approval of a Proposed Rule Change, as Modified by Amendment No. 5,
to Adopt Rule 14.11(m), Tracking Fund Shares, and to List and Trade
Shares of the Fidelity Blue Chip Value ETF, Fidelity Blue Chip
Growth ETF, and Fidelity New Millennium ETF); 90530 (November 30,
2020), 85 FR 78366 (December 4, 2020) (SR-CboeBZX-2020-085) (Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change
Relating to List and Trade Shares of the Fidelity Growth
Opportunities ETF, Fidelity Magellan ETF, Fidelity Real Estate
Investment ETF, and Fidelity Small-Mid Cap Opportunities ETF Under
Rule 14.11(m) (Tracking Fund Shares)).
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    The Shares of the Fund will be issued by the Fidelity Covington
Trust (the ``Trust''), which is organized as a business trust under the
laws of the Commonwealth of Massachusetts and registered with the
Commission as an open-end management investment company.\8\ Fidelity
Management & Research Company LLC (the ``Adviser'') will be the
investment adviser to the Funds. FMR Investment Management (UK)
Limited, Fidelity Management & Research (Hong Kong) Limited, and
Fidelity Management & Research (Japan) Limited will be the sub-advisers
(each a ``Sub-Adviser'' and, collectively, the ``Sub-Advisers'') for
the Funds. State Street Bank and Trust Company will serve as the Funds'
custodian and transfer agent. Fidelity Distributors Company LLC will
act as the distributor (the ``Distributor'') for the Funds.
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    \8\ The Trust is registered under the 1940 Act. On March 26,
2021, the Trust filed a registration statement on Form N-1A under
the 1940 Act relating to the Funds (File No. 811-07319) (the
``Registration Statement''). Fidelity Beach Street Trust, Fidelity
Management & Research Company, FMR Co., Inc., and Fidelity
Distributors Corporation filed a ninth amended application for an
order under Section 6(c) of the 1940 Act for exemptions from various
provisions of the 1940 Act and rules thereunder (File No. 812-
14364), dated November 8, 2019 (the ``Application''). On December
10, 2019, the Commission issued an order (the ``Exemptive Order'')
under the 1940 Act granting the relief sought in the Application
(Investment Company Act Release No. 33712, December 10, 2019). The
Funds are subject to the relief set forth in the Exemptive Order
because Fidelity Management & Research Company will serve as the
investment adviser to the Funds, and investments made by the Funds
will comply with the conditions set forth in the Application and the
Exemptive Order. The description of the operation of the Funds
herein is based, in part, on the Registration Statement and the
Application. The Exchange will not commence trading in Shares of the
Funds until the Registration Statement is effective.
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    Commentary .04 to NYSE Arca Rule 8.601-E provides that, if the
investment adviser to the Investment Company issuing Active Proxy
Portfolio Shares is registered as a broker-dealer or is affiliated with
a broker-dealer, such investment adviser will erect and maintain a
``fire wall'' between the investment adviser and personnel of the
broker-dealer or broker-dealer affiliate, as applicable, with respect
to access to information concerning the composition and/or changes to
such Investment Company's Actual Portfolio and/or Proxy Portfolio. Any
person related to the investment adviser or Investment Company who
makes decisions pertaining to the Investment Company's Actual Portfolio
and/or Proxy Portfolio or has access to non-public information
regarding the Investment Company's Actual Portfolio and/or Proxy
Portfolio or changes thereto must be subject to procedures reasonably
designed to prevent the use and dissemination of material non-public
information regarding the Actual Portfolio and/or Proxy Portfolio or
changes thereto. Commentary .04 is similar to Commentary .03(a)(i) and
(iii) to NYSE Arca Rule 5.2-E(j)(3); however, Commentary .04, in
connection with the establishment of a ``fire wall'' between the
investment adviser and the broker-dealer, reflects the applicable open-
end fund's portfolio, not an underlying benchmark index, as is the case
with index-based funds.\9\ Commentary .04 is also similar to Commentary
.06 to Rule 8.600-E related to Managed Fund Shares, except that
Commentary .04 relates to establishment and maintenance of a ``fire
wall'' between the investment adviser and personnel of the broker-
dealer or broker-dealer affiliate, as applicable, applicable to an
Investment Company's Actual Portfolio and/or Proxy Portfolio or changes
thereto, and not just to the underlying portfolio, as is the case with
Managed Fund Shares.
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    \9\ An investment adviser to an open-end fund is required to be
registered under the Investment Advisers Act of 1940 (the ``Advisers
Act''). As a result, the Adviser and Sub-Advisers and their related
personnel will be subject to the provisions of Rule 204A-1 under the
Advisers Act relating to codes of ethics. This Rule requires
investment advisers to adopt a code of ethics that reflects the
fiduciary nature of the relationship to clients as well as
compliance with other applicable securities laws. Accordingly,
procedures designed to prevent the communication and misuse of non-
public information by an investment adviser must be consistent with
Rule 204A-1 under the Advisers Act. In addition, Rule 206(4)-7 under
the Advisers Act makes it unlawful for an investment adviser to
provide investment advice to clients unless such investment adviser
has (i) adopted and implemented written policies and procedures
reasonably designed to prevent violations, by the investment adviser
and its supervised persons, of the Advisers Act and the Commission
rules adopted thereunder; (ii) implemented, at a minimum, an annual
review regarding the adequacy of the policies and procedures
established pursuant to subparagraph (i) above and the effectiveness
of their implementation; and (iii) designated an individual (who is
a supervised person) responsible for administering the policies and
procedures adopted under subparagraph (i) above.
---------------------------------------------------------------------------

    In addition, Commentary .05 to Rule 8.601-E provides that any
person or entity, including a custodian, Reporting Authority,
distributor, or administrator, who has access to non-public information
regarding the Investment Company's Actual Portfolio or the Proxy
Portfolio or changes thereto, must be subject to procedures reasonably
designed to prevent the use and dissemination of material non-public
information regarding the applicable Investment Company Actual
Portfolio or the Proxy Portfolio or changes thereto. Moreover, if any
such person or entity is registered as a broker-dealer or affiliated
with a broker-dealer, such person or entity will erect and maintain a
``fire wall'' between the person or entity and the broker-dealer with
respect to access to information concerning the composition and/or
changes to such Investment Company Actual Portfolio or Proxy Portfolio.
    The Adviser and Sub-Advisers are not registered as broker-dealers
but are affiliated with broker-dealers. The Adviser and Sub-Advisers
have implemented and will maintain a ``fire wall'' with respect to such
broker-dealer affiliates regarding access to information concerning the
composition of and/or changes to each Fund's Actual Portfolio and/or
Proxy Portfolio.
    In the event (a) the Adviser and/or a Sub-Adviser becomes
registered as a

broker-dealer or becomes newly affiliated with a broker-dealer, or (b)
any new adviser or sub-adviser is a registered broker-dealer, or
becomes affiliated with a broker-dealer, it will implement and maintain
a ``fire wall'' with respect to its relevant personnel or its broker-
dealer affiliate regarding access to information concerning the
composition and/or changes to each Fund's Actual Portfolio and/or Proxy
Portfolio, and will be subject to procedures designed to prevent the
use and dissemination of material non-public information regarding each
Fund's Actual Portfolio and/or Proxy Portfolio or changes thereto. Any
person related to the Adviser, Sub-Adviser(s), or the Funds who makes
decisions pertaining to a Fund's Actual Portfolio or the Proxy
Portfolio or has access to non-public information regarding a Fund's
Actual Portfolio and/or the Proxy Portfolio or changes thereto are
subject to procedures reasonably designed to prevent the use and
dissemination of material non-public information regarding a Fund's
Actual Portfolio and/or the Proxy Portfolio or changes thereto.
    In addition, any person or entity, including any service provider
for the Funds, who has access to non-public information regarding a
Fund's Actual Portfolio or the Proxy Portfolio or changes thereto, will
be subject to procedures reasonably designed to prevent the use and
dissemination of material non-public information regarding a Fund's
Actual Portfolio and/or the Proxy Portfolio or changes thereto.
Moreover, if any such person or entity is registered as a broker-dealer
or affiliated with a broker-dealer, such person or entity has erected
and will maintain a ``fire wall'' between the person or entity and the
broker-dealer with respect to access to information concerning the
composition and/or changes to a Fund's Actual Portfolio and/or Proxy
Portfolio.
Description of the Funds
    According to the Registration Statement, the Adviser will identify
a ``Tracking Basket'' \10\ for each Fund. The Tracking Basket for each
Fund is designed to closely track the daily performance of the Fund but
is not the Fund's Actual Portfolio. The Tracking Basket is comprised of
(1) select recently disclosed portfolio holdings (``Strategy
Components''); (2) liquid ETFs that convey information about the types
of instruments in which the fund invests that are not otherwise fully
represented by Strategy Components (``Representative ETFs''); and (3)
cash and cash equivalents. Representative ETFs will be selected for
inclusion in the Tracking Basket such that, when aggregated with the
other Tracking Basket components, the Tracking Basket corresponds to a
Fund's overall holdings exposure. Each Fund will publish on its website
a Tracking Basket for the Fund before the commencement of trading of
the Fund's Shares on each ``Business Day,'' \11\ and the Adviser will
not make intra-day changes to the Tracking Basket except to correct
errors in the published Tracking Basket.
---------------------------------------------------------------------------

    \10\ The ``Tracking Basket'' is the Proxy Portfolio for purposes
of Rule 8.601-E(c)(3).
    \11\ ``Business Day'' is defined to mean any day that the
Exchange is open, including any day when the Funds satisfy
redemption requests as required by Section 22(e) of the 1940 Act.
---------------------------------------------------------------------------

    In addition, on each Business Day, before commencement of trading
of Shares, each Fund will publish on its website the ``Tracking Basket
Weight Overlap,'' which is the percentage weight overlap between the
holdings of the prior Business Day's Tracking Basket compared to the
holdings of the Fund that formed the basis for each Fund's calculation
of NAV at the end of the prior Business Day. The Tracking Basket Weight
Overlap is calculated by taking the lesser weight of each asset held in
common between a Fund's Actual Portfolio and the Tracking Basket and
adding the totals. The Tracking Basket Weight Overlap is designed to
provide investors with an understanding of how similar the Tracking
Basket is to a Fund's Actual Portfolio in percentage terms.
Fidelity Women's Leadership ETF
    The Fund's holdings will conform to the permissible investments as
set forth in the Application and Exemptive Order, and the holdings will
be consistent with all requirements in the Application and Exemptive
Order.\12\ Any foreign common stocks held by the Fund will be traded on
an exchange that is a member of the Intermarket Surveillance Group
(``ISG'') or with which the Exchange has in place a comprehensive
surveillance sharing agreement.
---------------------------------------------------------------------------

    \12\ Pursuant to the Application and Exemptive Order, the
permissible investments for the Funds include only the following
instruments: ETFs, exchange-traded notes, exchange-traded common
stocks, common stocks listed on a foreign exchange that trade on
such exchange contemporaneously with the Shares (``foreign common
stocks''), exchange-traded preferred stocks, exchange-traded
American Depositary Receipts (``ADRs''), exchange-traded real estate
investment trusts, exchange-traded commodity pools, exchange-traded
metals trusts, exchange-traded currency trusts, and exchange-traded
futures that trade contemporaneously with the Shares, as well as
cash and cash equivalents. With the exception of foreign common
stocks and cash and cash equivalents, all holdings of the Funds will
be listed on a U.S. national securities exchange. For purposes of
this filing, cash equivalents are short-term U.S. Treasury
securities, government money market funds, and repurchase
agreements. The Funds will not short positions, will not borrow for
investment purposes, and will not purchase any securities that are
illiquid investments at the time of purchase.
---------------------------------------------------------------------------

    According to the Registration Statement, the Fund's investment
objective is to seek long-term growth of capital. The Fund will
normally invest at least 80% of its assets in equity securities of
companies that the Adviser believes prioritizes and advances women's
leadership and development. The Fund will generally invest in larger-
sized companies but may also make substantial investments in securities
issued by medium and smaller companies. The Fund may invest up to 25%
of its assets in a single company.
Fidelity Sustainability U.S. Equity ETF
    The Fund's holdings will conform to the permissible investments as
set forth in the Application and Exemptive Order, and the holdings will
be consistent with all requirements in the Application and Exemptive
Order.\13\ Any foreign common stocks held by the Fund will be traded on
an exchange that is a member of the ISG or with which the Exchange has
in place a comprehensive surveillance sharing agreement.
---------------------------------------------------------------------------

    \13\ Id.
---------------------------------------------------------------------------

    According to the Registration Statement, the Fund's investment
objective is to seek long-term growth of capital. The Fund will
primarily invest in equity securities and will normally invest at least
80% of its assets in equity securities of U.S. companies that the
Adviser believes have proven or improving sustainability practices,
based on an evaluation of such companies' ESG profile. The Fund may
also invest in companies that the Adviser believes deliver
environmental or social impact through core business operations. The
Fund may hold securities of large, medium, and/or small capitalization
companies. The Fund may invest up to 25% of its assets in a single
company.
Investment Restrictions
    The Shares of the Funds will conform to the initial and continued
listing criteria under Rule 8.601-E. The Funds' holdings will be
limited to and consistent with permissible holdings as described in the
Application and Exemptive Order and all requirements in the Application
and Exemptive Order.\14\
---------------------------------------------------------------------------

    \14\ Id.

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

    The Funds' investments, including derivatives, will be consistent
with their investment objectives and will not be used to enhance
leverage (although certain derivatives and other investments may result
in leverage). That is, the Funds' investments will not be used to seek
performance that is the multiple or inverse multiple (e.g., 2X or -3X)
of the Funds' primary broad-based securities benchmark index (as
defined in Form N-1A).\15\
---------------------------------------------------------------------------

    \15\ The Funds' broad-based securities benchmark index will be
identified in a future amendment to its Registration Statement
following the Funds' first full calendar year of performance.
---------------------------------------------------------------------------

Creations and Redemptions of Shares
    According to the Registration Statement, the Trust will issue and
sell Shares of the Funds only in specified minimum size ``Creation
Units'' on a continuous basis through the Distributor at their NAV next
determined after receipt of an order, on any Business Day, in proper
form. The NAV of each Fund's Shares will be calculated each Business
Day as of the close of regular trading on the Exchange, ordinarily 4:00
p.m. Eastern Time (``E.T.''). A Creation Unit will generally consist of
at least 25,000 Shares.
    According to the Registration Statement, Shares of the Funds will
be purchased and redeemed in Creation Units and generally on an in-kind
basis in exchange for the Strategy Components included in a Fund's
Tracking Basket, together with an amount of cash corresponding to the
value of the Representative ETFs and cash and cash equivalents that
form the remainder of the Tracking Basket. Accordingly, except where
the purchase or redemption will include cash, purchasers will be
required to purchase Creation Units by making an in-kind deposit of
specified instruments (``Deposit Instruments''), and shareholders
redeeming their Shares will receive an in-kind transfer of specified
instruments (``Redemption Instruments''). The composition of the
instruments that constitute the Deposit Instruments and the Redemption
Instruments for each Fund (collectively, the ``Creation Basket'') will
be the same as a Fund's Tracking Basket, except to the extent purchases
and redemptions are made entirely or in part on a cash basis.
    Creation Units of the Funds may be purchased and/or redeemed
entirely for cash. When full or partial cash purchases of Creation
Units are available or specified for the Funds, they will be effected
in essentially the same manner as in-kind purchases thereof. The Funds
may determine, upon receiving a purchase or redemption order from an
Authorized Participant, to have the purchase or redemption, as
applicable, be made entirely or in part in cash.\16\
---------------------------------------------------------------------------

    \16\ The Adviser represents that, to the extent the Trust
effects the creation or redemption of Shares in cash on any given
day, such transactions will be effected in the same manner for all
Authorized Participants placing trades with the Funds on that day.
---------------------------------------------------------------------------

    If there is a difference between the NAV attributable to a Creation
Unit and the aggregate market value of the Creation Basket exchanged
for the Creation Unit, the party conveying instruments with the lower
value will also pay to the other an amount in cash equal to that
difference (the ``Cash Amount'').
    Each Fund will make available on each Business Day, immediately
prior to the opening of business on the Exchange (9:30 a.m. E.T.), the
names and quantities of the instruments comprising the Creation Basket,
as well as the estimated Cash Amount (if any), for that day. The
published Creation Basket will apply until a new Creation Basket is
announced on the following Business Day, and there will be no intra-day
changes to the Creation Basket except to correct errors in the
published Creation Basket. The Tracking Basket will be published each
Business Day regardless of whether a Fund decides to issue or redeem
Creation Units entirely or in part on a cash basis.
    All orders to purchase Creation Units must be placed with the
Distributor by or through an Authorized Participant. Conforming orders
to purchase or redeem Creation Units will generally be accepted until
the closing time of regular trading hours on the Exchange (ordinarily
4:00 p.m. E.T.) (the ``Closing Time''). The date on which an order to
purchase or redeem Creation Units is received and accepted is referred
to as the ``Transmittal Date.'' All conforming Creation Unit orders
must be received by the Distributor no later than the Closing Time in
order to receive the NAV determined on the Transmittal Date. When the
Exchange closes earlier than normal, a Fund may require orders for
Creation Units to be placed earlier in the Business Day.
Availability of Information
    The Funds' website (www.fidelity.com), which will be publicly
available prior to the public offering of Shares, will include a form
of the prospectus for the Funds that may be downloaded. The Funds'
website will include on a daily basis, per Share for each Fund, the
prior Business Day's NAV and the ``Closing Price'' or ``Bid/Ask
Price,'' \17\ and a calculation of the premium/discount of the Closing
Price or Bid/Ask Price against such NAV.\18\ The Adviser has
represented that the Funds' website will also provide: (1) Any other
information regarding premiums/discounts as may be required for other
ETFs under Rule 6c-11 under the 1940 Act, as amended, and (2) any
information regarding the bid/ask spread for each Fund as may be
required for other ETFs under Rule 6c-11 under the 1940 Act, as
amended. The Funds' website also will disclose the information required
under Rule 8.601-E(c)(3).\19\ The website and information will be
publicly available at no charge.
---------------------------------------------------------------------------

    \17\ The records relating to Bid/Ask Prices will be retained by
the Funds or their service providers. The ``Bid/Ask Price'' is the
midpoint of the highest bid and lowest offer based upon the National
Best Bid and Offer as of the time of calculation of each Fund's NAV.
The ``National Best Bid and Offer'' is the current national best bid
and national best offer as disseminated by the Consolidated
Quotation System or UTP Plan Securities Information Processor. The
``Closing Price'' of Shares is the official closing price of the
Shares on the Exchange.
    \18\ The ``premium/discount'' refers to the premium or discount
to the NAV at the end of a trading day and will be calculated based
on the last Bid/Ask Price or the Closing Price on a given trading
day.
    \19\ See note 5, supra. Rule 8.601-E (c)(3) provides that the
website for each series of Active Proxy Portfolio Shares shall
disclose the information regarding the Proxy Portfolio as provided
in the exemptive relief pursuant to the 1940 Act applicable to such
series, including the following, to the extent applicable: (i)
Ticker symbol; (ii) CUSIP or other identifier; (iii) Description of
holding; (iv) Quantity of each security or other asset held; and (v)
Percentage weighting of the holding in the portfolio.
---------------------------------------------------------------------------

    The identity and quantity of investments in the Tracking Basket
will be publicly available on the Funds' website before the
commencement of trading in Shares on each Business Day. The website
will also include information relating to the Tracking Basket Weight
Overlap, as discussed above.
    Typical mutual fund-style annual, semi-annual and quarterly
disclosures contained in the Funds' Commission filings will be provided
on the Funds' website on a current basis.\20\ Thus, each Fund will
publish the portfolio contents of its Actual Portfolio on a periodic
basis, and no less than 60 days after the end of every fiscal quarter.
---------------------------------------------------------------------------

    \20\ See note 6, supra.
---------------------------------------------------------------------------

    Investors can also obtain the Funds' SAI, Shareholder Reports, Form
N-CSR, N-PORT, and Form N-CEN. The prospectus, SAI, and Shareholder
Reports are available free upon request, and those documents and the
Form N-CSR, N-PORT, and Form N-CEN may be viewed on-screen or
downloaded from the Commission's website. The

Exchange also notes that pursuant to the Application, the Funds must
comply with Regulation Fair Disclosure, which prohibits selective
disclosure of any material non-public information.
    Information regarding the market price of Shares and trading volume
in Shares, will be continually available on a real-time basis
throughout the day on brokers' computer screens and other electronic
services. The previous day's closing price and trading volume
information for the Shares will be published daily in the financial
section of newspapers.
    Quotation and last sale information for the Shares and U.S.
exchange-traded instruments (excluding futures contracts) will be
available via the Consolidated Tape Association (``CTA'') high-speed
line, from the exchanges on which such securities trade, or through
major market data vendors or subscription services. Intraday price
information for all exchange-traded instruments, which include all
eligible instruments except cash and cash equivalents, will be
available from the exchanges on which they trade, or through major
market data vendors or subscription services. Intraday price
information for cash equivalents is available through major market data
vendors, subscription services and/or pricing services.
Trading Halts
    With respect to trading halts, the Exchange may consider all
relevant factors in exercising its discretion to halt or suspend
trading in the Shares of a Fund.\21\ Trading in Shares of a Fund will
be halted if the circuit breaker parameters in NYSE Arca Rule 7.12-E
have been reached. Trading also may be halted because of market
conditions or for reasons that, in the view of the Exchange, make
trading in the Shares inadvisable. Trading in the Shares will be
subject to NYSE Arca Rule 8.601-E(d)(2)(D), which sets forth
circumstances under which Shares of a Fund will be halted.
---------------------------------------------------------------------------

    \21\ See NYSE Arca Rule 7.12-E.
---------------------------------------------------------------------------

    Specifically, Rule 8.601-E(d)(2)(D) provides that the Exchange may
consider all relevant factors in exercising its discretion to halt
trading in a series of Active Proxy Portfolio Shares. Trading may be
halted because of market conditions or for reasons that, in the view of
the Exchange, make trading in the series of Active Proxy Portfolio
Shares inadvisable. These may include: (a) The extent to which trading
is not occurring in the securities and/or the financial instruments
composing the Proxy Portfolio and/or Actual Portfolio; or (b) whether
other unusual conditions or circumstances detrimental to the
maintenance of a fair and orderly market are present. If the Exchange
becomes aware that the NAV, Proxy Portfolio, or Actual Portfolio with
respect to a series of Active Proxy Portfolio Shares is not
disseminated to all market participants at the same time, the Exchange
shall halt trading in such series until such time as the NAV, Proxy
Portfolio, or Actual Portfolio is available to all market participants
at the same time.
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 in all trading sessions in accordance with
NYSE Arca Rule 7.34-E(a). As provided in NYSE Arca Rule 7.6-E, 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.
    A minimum of 100,000 Shares for each Fund will be outstanding at
the commencement of trading on the Exchange. The Shares will conform to
the initial and continued listing criteria under NYSE Arca Rule 8.601-
E. The Exchange has appropriate rules to facilitate trading in the
Shares during all trading sessions.
    Pursuant to Rule 8.601-E(d)(1)(B), the Exchange, prior to
commencement of trading in the Shares, will obtain a representation
from the Trust that the NAV per Share of each Fund will be calculated
daily and that the NAV, Proxy Portfolio, and the Actual Portfolio for
each Fund will be made available to all market participants at the same
time.
    With respect to Active Proxy Portfolio Shares, all of the Exchange
member obligations relating to product description and prospectus
delivery requirements will continue to apply in accordance with
Exchange rules and federal securities laws, and the Exchange and the
Financial Industry Regulatory Authority, Inc. (``FINRA'') will continue
to monitor Exchange members for compliance with such requirements.
Surveillance
    The Exchange represents that trading in the Shares will be subject
to the existing trading surveillances, administered by the Exchange, as
well as cross-market surveillances administered by FINRA on behalf of
the Exchange, which are designed to detect violations of Exchange rules
and applicable federal securities laws.\22\ 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.
---------------------------------------------------------------------------

    \22\ FINRA conducts cross-market surveillances on behalf of 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.
    The Exchange or FINRA, on behalf of the Exchange, or both, will
communicate as needed regarding trading in the Shares and underlying
exchange-traded instruments with other markets and other entities that
are members of the ISG, and the Exchange or FINRA, on behalf of the
Exchange, or both, may obtain trading information regarding trading
such securities and underlying exchange-traded instruments from such
markets and other entities. In addition, the Exchange may obtain
information regarding trading in such securities and underlying
exchange-traded instruments from markets and other entities that are
members of ISG or with which the Exchange has in place a comprehensive
surveillance sharing agreement.\23\
---------------------------------------------------------------------------

    \23\ For a list of the current members of ISG, see
www.isgportal.org.
---------------------------------------------------------------------------

    The Adviser will make available daily to FINRA and the Exchange the
Actual Portfolio of each Fund, upon request, in order to facilitate the
performance of the surveillances referred to above.
    In addition, the Exchange also has a general policy prohibiting the
distribution of material, non-public information by its employees.
    Commentary .03 to NYSE Arca Rule 8.601-E provides that the Exchange
will implement and maintain written surveillance procedures for Active
Proxy Portfolio Shares. As part of these surveillance procedures, the
Investment Company's investment adviser will, upon request by the
Exchange or FINRA, on behalf of the Exchange, make available to the
Exchange or FINRA the daily Actual Portfolio holdings of each series of
Active Proxy Portfolio Shares.

The Exchange believes that the ability to access the information on an
as needed basis will provide it with sufficient information to perform
the necessary regulatory functions associated with listing and trading
series of Active Proxy Portfolio Shares on the Exchange, including the
ability to monitor compliance with the initial and continued listing
requirements as well as the ability to surveil for manipulation of
Active Proxy Portfolio Shares.
    The Exchange will utilize its existing procedures to monitor issuer
compliance with the requirements of Rule 8.601-E. For example, the
Exchange will continue to use intraday alerts that will notify Exchange
personnel of trading activity throughout the day that may indicate that
unusual conditions or circumstances are present that could be
detrimental to the maintenance of a fair and orderly market. The
Exchange will require from the issuer of a series of Active Proxy
Portfolio Shares, upon initial listing and periodically thereafter, a
representation that it is in compliance with Rule 8.601-E. The Exchange
notes that Commentary .01 to Rule 8.601-E requires an issuer of Active
Proxy Portfolio Shares to notify the Exchange of any failure to comply
with the continued listing requirements of Rule 8.601-E. In addition,
the Exchange will require issuers to represent that they will notify
the Exchange of any failure to comply with the terms of applicable
exemptive and no-action relief. As part of its surveillance procedures,
the Exchange will rely on the foregoing procedures to become aware of
any non-compliance with the requirements of Rule 8.601-E.
    With respect to the Funds, all statements and representations made
in this filing regarding (a) the description of the portfolio or
reference asset, (b) limitations on portfolio holdings or reference
assets, or (c) the applicability of Exchange listing rules specified in
this rule filing shall constitute continued listing requirements for
listing the Shares on the Exchange. The Exchange will obtain a
representation from the Trust, prior to commencement of trading in the
Shares of the Funds, that it will advise the Exchange of any failure by
the Funds to comply with the continued listing requirements, and,
pursuant to its obligations under Section 19(g)(1) of the Act, the
Exchange will monitor for compliance with the continued listing
requirements. If a Fund is not in compliance with the applicable
listing requirements, the Exchange will commence delisting procedures
under NYSE Arca Rule 5.5-E(m).
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\24\ in general, and furthers the
objectives of Section 6(b)(5) of the Act,\25\ in particular, in that it
is 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
a national market system, and, in general, to protect investors and the
public interest.\26\
---------------------------------------------------------------------------

    \24\ 15 U.S.C. 78f(b).
    \25\ 15 U.S.C. 78f(b)(5).
    \26\ The Exchange represents that, for initial and continued
listing, the Funds will be in compliance with Rule 10A-3 under the
Act, as provided by NYSE Arca Rule 5.3-E.
---------------------------------------------------------------------------

    With respect to the proposed listing and trading of Shares of the
Funds, 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 Rule 8.601-E.
    The Funds' holdings will conform to the permissible investments as
set forth in the Application and Exemptive Order, and the holdings will
be consistent with all requirements in the Application and Exemptive
Order.\27\
---------------------------------------------------------------------------

    \27\ See note 12, supra.
---------------------------------------------------------------------------

    The Exchange or FINRA, on behalf of the Exchange, or both, will
communicate as needed regarding trading in the Shares and underlying
exchange-traded instruments with other markets and other entities that
are members of the ISG, and the Exchange or FINRA, on behalf of the
Exchange, or both, may obtain trading information regarding trading in
the Shares and underlying exchange-traded instruments from such markets
and other entities. In addition, the Exchange may obtain information
regarding trading in the Shares and underlying exchange-traded
instruments from markets and other entities that are members of ISG or
with which the Exchange has in place a comprehensive surveillance
sharing agreement. Any foreign common stocks held by the Funds will be
traded on an exchange that is a member of the ISG or with which the
Exchange has in place a comprehensive surveillance sharing agreement.
    The daily dissemination of the identity and quantity of Tracking
Basket component investments, together with the right of Authorized
Participants to create and redeem each day at the NAV, will be
sufficient for market participants to value and trade Shares in a
manner that will not lead to significant deviations between the Shares'
Bid/Ask Price and NAV.
    The Funds' investments, including derivatives, will be consistent
with its investment objective and will not be used to enhance leverage
(although certain derivatives and other investments may result in
leverage). That is, the Funds' investments will not be used to seek
performance that is the multiple or inverse multiple (e.g., 2X or -3X)
of the Funds' primary broad-based securities benchmark index (as
defined in Form N-1A).
    The proposed rule change is designed to promote just and equitable
principles of trade and to protect investors and the public interest in
that the Exchange will obtain a representation from the Trust that the
NAV per Share of each Fund will be calculated daily and that the NAV,
Tracking Basket, and Actual Portfolio for the Funds will be made
available to all market participants at the same time. Investors can
obtain the Funds' SAI, shareholder reports, and its Form N-CSR, Form N-
PORT, and Form N-CEN. The Funds' SAI and shareholder reports will be
available free upon request from the Funds, and those documents and the
Form N-CSR, Form N-PORT, and Form N-CEN may be viewed on-screen or
downloaded from the Commission's website.
    Commentary .03 to NYSE Arca Rule 8.601-E provides that the Exchange
will implement and maintain written surveillance procedures for Active
Proxy Portfolio Shares. As part of these surveillance procedures, the
Investment Company's investment adviser will, upon request by the
Exchange or FINRA, on behalf of the Exchange, make available to the
Exchange or FINRA the daily portfolio holdings of each series of Active
Proxy Portfolio Shares. The Exchange believes that the ability to
access the information on an as needed basis will provide it with
sufficient information to perform the necessary regulatory functions
associated with listing and trading series of Active Proxy Portfolio
Shares on the Exchange, including the ability to monitor compliance
with the initial and continued listing requirements as well as the
ability to surveil for manipulation of Active Proxy Portfolio Shares.
With respect to the Funds, the Adviser will make available daily to
FINRA and the Exchange the portfolio holdings of each Fund upon request
in order to facilitate the performance of the surveillances referred to
above.
    The Exchange will utilize its existing procedures to monitor
compliance with the requirements of Rule 8.601-E. For

example, the Exchange will continue to use intraday alerts that will
notify Exchange personnel of trading activity throughout the day that
may indicate that unusual conditions or circumstances are present that
could be detrimental to the maintenance of a fair and orderly market.
The Exchange will require from the Trust, upon initial listing and
periodically thereafter, a representation that it is in compliance with
Rule 8.601-E. The Exchange notes that Commentary .01 to Rule 8.601-E
requires the issuer of Shares to notify the Exchange of any failure to
comply with the continued listing requirements of Rule 8.601-E. In
addition, the Exchange will require the issuer to represent that it
will notify the Exchange of any failure to comply with the terms of
applicable exemptive and no-action relief. The Exchange will rely on
the foregoing procedures to become aware of any non-compliance with the
requirements of Rule 8.601-E.
    In addition, with respect to the Funds, a large amount of
information will be publicly available regarding the Funds and the
Shares, thereby promoting market transparency.
    Quotation and last sale information for the Shares and U.S.
exchange-traded instruments (excluding futures contracts) will be
available via the CTA high-speed line, from the exchanges on which such
securities trade, or through major market data vendors or subscription
services. Intraday price information for all exchange-traded
instruments, which include all eligible instruments except cash and
cash equivalents, will be available from the exchanges on which they
trade, or through major market data vendors or subscription services.
Intraday price information for cash equivalents is available through
major market data vendors, subscription services and/or pricing
services.
    The website for the Funds will include a form of the prospectus
that may be downloaded, and additional data relating to NAV and other
applicable quantitative information, updated on a daily basis. Trading
in Shares of the Funds will be halted if the circuit breaker parameters
in NYSE Arca Rule 7.12-E have been reached or because of market
conditions or for reasons that, in the view of the Exchange, make
trading in the Shares inadvisable. Trading in the Shares will be
subject to NYSE Arca Rule 8.601-E(d)(2)(D), which sets forth
circumstances under which Shares of a Fund will be halted. In addition,
as noted above, investors will have ready access to each Fund's
Tracking Basket and quotation and last sale information for the Shares.
The identity and quantity of investments in each Fund's Tracking Basket
will be publicly available on the Funds' website before the
commencement of trading in Shares on each Business Day. The Shares will
conform to the initial and continued listing criteria under Rule 8.601-
E.\28\
---------------------------------------------------------------------------

    \28\ See note 3, supra.
---------------------------------------------------------------------------

    The Funds' holdings will conform to the permissible investments as
set forth in the Application and Exemptive Order, and the holdings will
be consistent with all requirements in the Application and Exemptive
Order.\29\ Any foreign common stocks held by the Funds will be traded
on an exchange that is a member of the ISG or with which the Exchange
has in place a comprehensive surveillance sharing agreement.
---------------------------------------------------------------------------

    \29\ See note 12, supra.
---------------------------------------------------------------------------

    The components of each Fund's Actual Portfolio will (a) be listed
on an exchange and the primary trading session of such exchange will
trade synchronously with the Exchange's Core Trading Session, as
defined in Rule 7.34-E(a); (b) with respect to exchange-traded futures,
be listed on a U.S. futures exchange; or (c) consist of cash and cash
equivalents.
    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 actively-managed exchange-traded product that
will enhance competition among market participants, to the benefit of
investors and the marketplace. The Exchange will obtain a
representation from the Adviser, prior to commencement of trading in
the Shares of the Funds, that it will advise the Exchange of any
failure by the Funds to comply with the continued listing requirements,
and, pursuant to its obligations under Section 19(g)(1) of the Act, the
Exchange will monitor for compliance with the continued listing
requirements. If the Funds are not in compliance with the applicable
listing requirements, the Exchange will commence delisting procedures
under NYSE Arca Rule 5.5-E(m).
    As noted above, the Exchange has in place surveillance procedures
relating to trading in the Shares 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 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 purposes of the Act. The Exchange believes the
proposed rule change would permit listing and trading of additional
actively-managed ETFs that have characteristics different from existing
actively-managed and index ETFs and would introduce additional
competition among various ETF products to the benefit of investors.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \30\ and Rule 19b-
4(f)(6) thereunder.\31\
---------------------------------------------------------------------------

    \30\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \31\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires the Exchange to give the Commission written notice of its
intent to file the proposed rule change, along with a brief
description and text of the proposed rule change, at least five
business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \32\ normally
does not become operative for 30 days after the date of the filing.
However, pursuant to Rule 19b-4(f)(6)(iii),\33\ the Commission may
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing. The Exchange states that
the Commission has previously approved proposed rule changes to permit
listing and trading on the Exchange of Active Proxy Portfolio Shares
similar to the Funds.\34\ The Exchange also states that the Commission
has previously issued a

notice of filing and immediate effectiveness for a proposed rule change
relating to the proposed listing on a national securities exchange of
other issues of Active Proxy Portfolio Shares, and that the Funds will
operate in a manner similar to such funds.\35\ For these reasons, the
Commission believes that waiver of the 30-day operative delay is
consistent with the protection of investors and the public interest.
Accordingly, the Commission waives the 30-day operative delay and
designates the proposed rule change operative upon filing.\36\
---------------------------------------------------------------------------

    \32\ 17 CFR 240.19b-4(f)(6).
    \33\ 17 CFR 240.19b-4(f)(6)(iii).
    \34\ See note 7, supra.
    \35\ See Securities Exchange Act Release No. 90530 (November 30,
2020), 85 FR 78366 (December 4, 2020) (SR-CboeBZX-2020-085) (Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change
Relating to List and Trade Shares of the Fidelity Growth
Opportunities ETF, Fidelity Magellan ETF, Fidelity Real Estate
Investment ETF, and Fidelity Small-Mid Cap Opportunities ETF Under
Rule 14.11(m) (Tracking Fund Shares))
    \36\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2021-23 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-2021-23. 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 website (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 website 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. Persons
submitting comments are cautioned that we do not redact or edit
personal identifying information from comment submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEArca-2021-23 and should
be submitted on or before May 5, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\37\
---------------------------------------------------------------------------

    \37\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-07597 Filed 4-13-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 64 (Tuesday, April 4, 2023)]
[Proposed Rules]
[Pages 19901-19902]
[FR Doc No: 2023-06892]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2022-0927; FRL-10657-03-R6]

Determination of Attainment by the Attainment Date but for
International Emissions for the 2015 Ozone National Ambient Air Quality
Standard; El Paso-Las Cruces, Texas-New Mexico; Extension of Comment
Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; extension of comment period.

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

SUMMARY: The Environmental Protection Agency (EPA) is extending the
comment period for the proposed rule ``Determination of Attainment by
the Attainment Date But For International Emissions for the 2015 Ozone
National Ambient Air Quality Standard; El Paso-Las Cruces, Texas-New
Mexico'' that was published on March 7, 2023. The proposal provided for
a public comment period ending April 6, 2023. The EPA received a
request from the public to extend this comment period. The EPA is
extending the comment period to May 8, 2023.

DATES: The comment period for the proposed rule published March 7, 2023
(88 FR 14095), is extended. Written comments must be received on or
before May 8, 2023.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2022-0927, at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be

accompanied by a written comment. The written comment is considered the
official comment and should include discussion of all points you wish
to make. The EPA will generally not consider comments or comment
contents located outside of the primary submission (i.e. on the web,
cloud, or other file sharing system). For additional submission
methods, please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section. For the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
    Docket: The index to the docket for this action is available
electronically at www.regulations.gov. While all documents in the
docket are listed in the index, some information may not be publicly
available due to docket file size restrictions or content (e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Sherry Fuerst, EPA Region 6 Office,
(AR-SI),<PHONE_NUMBER>, [email protected]. We encourage the public
to submit comments via https://www.regulations.gov. Please call or
email the contact listed above if you need alternative access to
material indexed but not provided in the docket.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
    On March 7, 2023, we published in the Federal Register
``Determination of Attainment by the Attainment Date But For
International Emissions for the 2015 Ozone National Ambient Air Quality
Standard; El Paso-Las Cruces, Texas-New Mexico'', where we proposed to
determine that the El Paso-Las Cruces, Texas-New Mexico nonattainment
area would have attained the 2015 ozone national ambient air quality
standard (NAAQS) by the August 3, 2021 ``Marginal'' Area attainment
date, but for emissions emanating from outside the United States (88 FR
14095). We received a request for an extension of the comment period
and, in response, have decided to allow an additional 30 days for the
public to comment. The comment period will now close on May 8, 2023.
This action will allow interested persons additional time to prepare
and submit comments on the proposed action listed above.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Pollution, Reporting and
recordkeeping requirements.

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

    Dated: March 29, 2023.
David Garcia,
Director, Air and Radiation Division, Region 6.
[FR Doc. 2023-06892 Filed 4-3-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 75, Number 92 (Thursday, May 13, 2010)]
[Notices]
[Page 26976]
[FR Doc No: 2010-11491]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1909-DR; Docket ID FEMA-2010-0002]

Tennessee; Amendment No. 4 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Tennessee (FEMA-1909-DR), dated May 4, 2010, and
related determinations.

DATES: Effective Date: May 6, 2010.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Recovery Directorate,
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC
20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Tennessee is hereby amended to include the following
areas among those areas determined to have been adversely affected by
the event declared a major disaster by the President in his declaration
of May 4, 2010.

    Benton, Dickson, Humphreys, Maury, Rutherford, and Sumner
Counties for Individual Assistance.
    Benton, Dickson, Humphreys, Maury, Rutherford, and Sumner
Counties for debris removal and emergency protective measures
(Categories A and B), including direct Federal assistance, under the
Public Assistance program.
    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households in Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2010-11491 Filed 5-12-10; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register: March 11, 2008 (Volume 73, Number 48)]
[Rules and Regulations]
[Page 12886]
[DOCID:fr11mr08-7]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[USCG-2008-0116]

Drawbridge Operation Regulations; Atlantic Intracoastal Waterway
(AIWW), at Scotts Hill, NC

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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

SUMMARY: The Commander, Fifth Coast Guard District, has issued a
temporary deviation from the regulation governing the operation of the
Figure Eight Swing Bridge, at AIWW mile 278.1, at Scotts Hill, NC. From
February 29, 2008 at 6 p.m. until March 11, 2008 at 5:30 p.m., this
deviation is necessary to complete sandblasting and painting operations
along with mechanical repairs. The drawbridge will remain closed-to-
navigation each day from 6 p.m. to 9:30 a.m., from 10 a.m. to 1:30
p.m., and from 2 p.m. to 5:30 p.m.

DATES: This deviation is effective from 6 p.m. on February 29, 2008 to
5:30 p.m. on March 11, 2008.

ADDRESSES: Materials referred to in this document are available for
inspection or copying at Commander (dpb), Fifth Coast Guard District,
Federal Building, 1st Floor, 431 Crawford Street, Portsmouth, VA 23704-
5004 between 8 a.m. and 4 p.m., Monday through Friday, except Federal
holidays. The telephone number is<PHONE_NUMBER>. Commander (dpb),
Fifth Coast Guard District maintains the public docket for this
temporary deviation.

FOR FURTHER INFORMATION CONTACT: Gary S. Heyer, Bridge Management
Specialist, Fifth Coast Guard District, at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Figure Eight Swing Bridge has a vertical
clearance in the closed position to vessels of 20 feet, above mean high
water (MHW). Also, the vertical clearance in this location is limited
to 85 feet, above MHW, by the overhead power line.
    On December 27, 2007, we published a notice of temporary deviation
from regulations entitled ``Drawbridge Operation Regulations; Atlantic
Intracoastal Waterway (AIWW), at Scotts Hill, NC'' in the Federal
Register (72 FR 56013).
    Contractors, on behalf of the Figure Eight Homeowners Association
(the bridge owner), requested an additional temporary deviation from
the current operating regulations set out in 33 CFR 117.821(a)(3) to
close the drawbridge to navigation in order to complete sandblasting,
cleaning and painting of the bridge superstructure along with
mechanical repairs.
    To complete this operation, the Figure Eight Swing Bridge will be
further maintained in the closed-to-navigation position each day from
February 29, 2008, until March 11, 2008, from 6 p.m. to 9:30 a.m., from
10 a.m. to 1:30 p.m., and from 2 p.m. to 5:30 p.m. Commercial vessel
openings will be provided from the 6 p.m. to 9:30 a.m. work-block if at
least three hours notice is given by calling<PHONE_NUMBER> or via
marine radio on Channel 13. At all other times, the drawbridge will
operate in accordance with 33 CFR 117.821(a)(3).
    The Coast Guard will inform the users of the waterway through our
Local and Broadcast Notices to Mariners of the closure period for the
bridge so that vessels can arrange their transits to minimize any
impact caused by the temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the designated
time period. This deviation from the operating regulations is
authorized under 33 CFR 117.35.
    We analyzed this temporary deviation under Commandant Instruction
M16475.lD and Department of Homeland Security Management Directive
5100.1, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f).
    The environmental impact of this temporary deviation will be
minimal because closing the drawbridge to vessels in order to perform
routine repair and maintenance will not result in a change in
functional use, or an impact on a historically significant element or
setting.

    Dated: February 25, 2008.
Waverly W. Gregory, Jr.,
Chief, Bridge Administration Branch, Fifth Coast Guard District.
[FR Doc. E8-4812 Filed 3-10-08; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register Volume 79, Number 124 (Friday, June 27, 2014)]
[Notices]
[Page 36510]
[FR Doc No: 2014-15083]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER14-2140-000]

Supplemental Notice That Initial Market-Based Rate Filing
Includes Request for Blanket Section 204 Authorization; Mulberry Farm,
LLC

    This is a supplemental notice in the above-referenced proceeding of
Mulberry Farm, LLC's application for market-based rate authority, with
an accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR Part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR Part 34, of future issuances of securities and assumptions of
liability, is July 10, 2014.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive email notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please email<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: June 20, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-15083 Filed 6-26-14; 8:45 am]
BILLING CODE 6717-01-P


January 5, 2011

MEMORANDUM

TO: EPA Docket #EPA-HQ-OAR-2009-0211

FROM: Robert Anderson, Environmental Protection Specialist,
EPA/OAR/OTAQ/CISD

RE: Data from pre-Tier 2 DOE Catalyst Durability Program (V4/CRC E-87-2)

Attached is an Excel spreadsheet that contains data from the DOE
Catalyst Durability Test Program also referred to as the DOE V4 program
or the CRC E-87-2 program.  These data are results for the pre-Tier 2
vehicle portion of the test program.

The enclosed spreadsheet contains all data for non-Tier 2 vehicles
submitted to EPA from DOE as of January 5, 2010.  These data include all
DOE pre-Tier 2 test data that were a part of the preliminary data set
EPA submitted to the docket on November 17, 2010 (see Docket ID
EPA-HQ-OAR-2009-0211-14045) as well as additional data collected since
that time.  As was the case in the original waiver decision (see Docket
ID EPA-HQ-OAR-0211-14019), some (i.e. for the 2000 Honda Accord aged on
E0) non-methane organic gases values may need to be recalculated and
will be posted shortly.

It should be noted that these data could be subject to change based on
ongoing QA/QC.

For more information, please contact Robert Anderson at either
HYPERLINK<EMAIL_ADDRESS><EMAIL_ADDRESS>or
(202) 343-9718.