[Federal Register Volume 83, Number 181 (Tuesday, September 18, 2018)]
[Notices]
[Pages 47229-47230]
[FR Doc No: 2018-20280]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736

Extension:
    Regulation 14A (Commission Rules 14a-1 through 14a-21 and
Schedule 14A), SEC File No. 270-056, OMB Control No. 3235-0059

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the collection of
information summarized below. The Commission plans to submit this
existing collection of information to the Office of Management and
Budget for extension and approval.
    Section 14(a) of the Securities Exchange Act of 1934 (the
``Exchange Act'') operates to make it unlawful for a company with a
class of securities registered pursuant to Section 12 of the Exchange
Act to solicit proxies in contravention of such rules and regulations
as the Commission has prescribed as necessary or appropriate in the
public interest or for the protection of investors. The Commission

has promulgated Regulation 14A to regulate the solicitation of proxies
or consents. Regulation 14A (Exchange Act Rules 14a-1 through 14a-21
and Schedule 14A) (17 CFR 240.14a-1 through 240.14a-21 and 240.14a-101)
sets forth the requirements for the dissemination, content and filing
of proxy or consent solicitation materials in connection with annual or
other meetings of holders of a Section 12-registered class of
securities. We estimate that Schedule 14A takes approximately 130.4052
hours per response and will be filed by approximately 5,586 issuers
annually. In addition, we estimate that 75% of the 130.4052 hours per
response (97.8035 hours) is prepared by the issuer for an annual
reporting burden of 546,333 hours (97.89 hours per response x 5,586
responses).
    Written comments are invited on: (a) Whether this collection of
information is necessary for the proper performance of the functions of
the agency, including whether the information will have practical
utility; (b) the accuracy of the agency's estimate of the burden
imposed by the collection of information; (c) ways to enhance the
quality, utility, and clarity of the information collected; and (d)
ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid control number.
    Please direct your written comments to Pamela Dyson, Director/Chief
Information Officer, Securities and Exchange Commission, c/o Candace
Kenner, 100 F Street NE, Washington, DC 20549 or send an email to:
[email protected].

    Dated: September 12, 2018.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-20280 Filed 9-17-18; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 80 (Thursday, April 27, 2017)]
[Rules and Regulations]
[Page 19322]
[FR Doc No: 2017-08503]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2017-0245]

Drawbridge Operation Regulation; York River, Yorktown, VA

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulations.

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SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the Coleman Memorial (US 17) Bridge
which carries US 17 across the York River, mile 7.0, at Yorktown, VA.
The deviation is necessary to facilitate bridge maintenance. This
deviation allows the bridge to remain in the closed-to-navigation
position.

DATES: The deviation is effective from 5:30 a.m. on Sunday, May 7,
2017, through 8 a.m. on Sunday, May 14, 2017.

ADDRESSES: The docket for this deviation, [USCG-2017-0245] is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH''. Click on Open Docket Folder on the line
associated with this deviation.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Mr. Michael Thorogood, Bridge
Administration Branch Fifth District, Coast Guard, telephone 757-398-
6557, email<EMAIL_ADDRESS>
SUPPLMENTARY INFORMATION: The Virginia Department of Transportation,
owner and operator of the Coleman Memorial (US 17) Bridge, that carries
US 17 across the York River, mile 7.0, at Yorktown, VA, has requested a
temporary deviation from the current published schedule to test the
manual operating capabilities of each swing span of the drawbridge. The
bridge has a vertical clearance of 60 feet above mean high water (MHW)
in the closed position and unlimited vertical clearance in the open
position. The current operating schedule is set out in 33 CFR 117.1025.
Under this temporary deviation, the bridge will be in the closed-to-
navigation position from 5:30 a.m. to 8 a.m., on Sunday, May 7, 2017;
with an alternative date on Sunday, May 14, 2017.
    The York River is used by a variety of vessels including
recreational, tug and barge traffic, fishing vessels, and small
commercial vessels. The Coast Guard has carefully coordinated the
restrictions with waterway users in publishing this temporary
deviation.
    Vessels able to pass through the bridge in the closed-to-navigation
position may do so at any time. The bridge will be able to open for
emergencies, if at least 30 minutes notice is given, and there is no
immediate alternative route for vessels unable to pass through the
bridge in the closed position. The Coast Guard will also inform the
users of the waterway through our Local Notice and Broadcast Notices to
Mariners of the change in operating schedule for the bridge so that
vessel operators 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 effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

    Dated: April 21, 2017.
Hal R. Pitts,
Bridge Program Manager, Fifth Coast Guard District.
[FR Doc. 2017-08503 Filed 4-26-17; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register: August 19, 2009 (Volume 74, Number 159)]
[Proposed Rules]
[Page 41816-41818]
[DOCID:fr19au09-15]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2009-0670]
RIN 1625-AA09

Drawbridge Operation Regulation; Franklin Canal, Franklin, LA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the regulation governing
the operation of the Chatsworth Road swing span bridge across the
Franklin Canal, mile 4.8, at Franklin, St. Mary Parish, Louisiana. The
St. Mary Parish Government has requested that the operating regulation
of the Chatsworth Road swing span bridge be changed in order for the
bridge not to have to be continuously manned by a draw tender. This
change would allow the bridge to remain unmanned during most of the day
by requiring a one-hour notice for an opening of the draw between 5
a.m. and 9 p.m. daily. Currently the bridge opens on signal during this
time period.

DATES: Comments and related material must reach the Coast Guard on or
before October 19, 2009. Requests for public meetings must be received
by the Coast Guard on or before September 3, 2009.

ADDRESSES: You may submit comments identified by docket number USCG-
2009-0670 using one of the following methods:
    (1) Federal eRulemaking Portal: http:[sol][sol]www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these methods. See the
``Public Participation and Request for Comments'' portion of the
SUPPLEMENTARY INFORMATION section below for instruction on submitting
comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or e-mail Phil Johnson, Bridge Administration Branch, Eighth
Coast Guard District; telephone<PHONE_NUMBER>, e-mail
<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to http://www.regulations.gov and will include any
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2009-0670), indicate the specific section of this
document to which each comment applies, and provide the reason for each
suggestion or recommendation. You may submit your comments and material
online (http://www.regulations.gov), or by fax, mail or hand delivery,
but please use only one of these means. If you submit a comment online
via http://www.regulations.gov, it will be considered as having been
received by the Coast Guard when you successfully transmit the comment.
If you fax, hand deliver, or mail your comment, it will be considered
as having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an e-mail address, or a phone number in the body of
your document so that we can contact you if we have questions regarding
your submission.
    To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rules'' and insert ``USCG-2009-0670'' in the ``Keyword''
box. Click ``Search'' then click on the balloon shape in the
``Actions'' column. If you submit your comments by mail or hand
delivery, submit them in an unbound format, no larger than 8[frac12] by
11 inches, suitable for copying and electronic filing. If you submit
them by mail and would like to know that they reached the Facility,
please enclose a stamped, self-addressed postcard or envelope. We will
consider all comments and material received during the comment period
and may change the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2009-0670'' and click
``Search.'' Click on the ``Open Docket Folder'' in the ``Actions''
column. You may also visit the Docket Management Facility in Room W12-
140 on the ground floor of the Department of Transportation West
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. We
have an agreement with the Department of Transportation to use the
Docket Management Facility.

Privacy Act

    Anyone can search the electronic form of all comments received into
any of our dockets by the name of the individual submitting the comment
(or signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review the Privacy Act notice
regarding our public dockets in the January 17, 2008 issue of the
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one on or before September 3, 2009 using one of the four
methods specified under ADDRESSES. Please explain why one would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.

Background and Purpose

    The St. Mary Parish Government has requested that the operating
regulation of the Chatsworth Road swing span bridge, located on the
Franklin Canal at mile 4.8 in Franklin, St. Mary Parish,

Louisiana, be changed in order for the bridge not to have to be
continuously manned by a draw tender from 5 a.m. to 9 p.m. when the
bridge is now required to open on signal. Because of the relocation of
a public boat landing downstream of the bridge, vessel traffic has
become infrequent, and it is no longer necessary to have a bridge
tender continuously man the bridge.
    Concurrent with the publication of the Notice of Proposed
Rulemaking, a Test Deviation [USCG-2009-0670] has been issued to allow
the St. Mary Parish Government to test the proposed schedule and to
obtain data and public comments. The test period will be in effect
during the entire Notice of Proposed Rulemaking comment period. The
Coast Guard will review the logs of the drawbridge and evaluate public
comments from this Notice of Proposed Rulemaking and the above
referenced Temporary Deviation to determine if a change to the
permanent special drawbridge operating regulation is warranted.
    The Test Deviation allows the bridge to operate as follows: The
Chatsworth Road Bridge, mile 4.8 at Franklin, shall open on signal from
5 a.m. to 9 p.m. if at least one hour notice is given. From October 1
through January 31 from 9 p.m. to 5 a.m., the draw shall be opened on
signal if at least three hours notice is given. From February 1 through
September 30 from 9 p.m. to 5 a.m., the draw shall open on signal if at
least 12 hours notice is given.

Discussion of Proposed Rule

    The bridge owner has requested a change in the operating regulation
which would require a one-hour notice for an opening of the draw from 5
a.m. to 9 p.m. daily. Presently, the bridge operates as follows: The
draw of the Chatsworth Road Bridge, mile 4.8 at Franklin, shall open on
signal from 5 a.m. to 9 p.m. From October 1 through January 31 from 9
p.m. to 5 a.m., the draw shall open on signal if at least three hours
notice is given. From February 1 through September 30 from 9 p.m. to 5
a.m., the draw shall open on signal if at least 12 hours notice is
given. This rule would allow the bridge to operate as follows: The draw
of the Chatsworth Road Bridge, mile 4.8 at Franklin, shall open on
signal from 5 a.m. to 9 p.m. if at least one hour notice is given. From
October 1 through January 31 from 9 p.m. to 5 a.m., the draw shall be
opened on signal if at least three hours notice is given. From February
1 through September 30 from 9 p.m. to 5 a.m., the draw shall open on
signal if at least 12 hours notice is given. The proposed rule change
to 33 CFR 117.445 would reduce the burden on the bridge owner while
maintaining the ability to operate the bridge.

Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order. We expect the economic
impact of this proposed rule to be so minimal that a full Regulatory
Evaluation is unnecessary. The public would need to notify the bridge
owner of a required opening only one hour in advance rather than on
signal.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities. This proposed rule would affect the following
entities, some of which might be small entities: the owners or
operators of vessels needing to transit the bridge with less than a one
hour advance notice. The requests for bridge openings by commercial
vessels are infrequent and those vessels that do require an opening of
the draw are normally able to schedule operations in conjunction with
advance requests for openings. Vessels patronizing commercial
facilities upstream of the bridge will be easily able to contact the
bridge tender an hour prior to anticipating arrival at the bridge. The
bridge provides a vertical clearance of 7 feet above high water. Thus,
many small commercial or pleasure craft can safely transit under the
bridge at any time.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Phil Johnson, Bridge
Administration Branch, at<PHONE_NUMBER>. The Coast Guard will not
retaliate against small entities that question or complain about this
rule or any policy or action of the Coast Guard.

Collection of Information

    This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.

Unfunded Mandates Reform Act

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

Taking of Private Property

    This proposed rule would not affect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.

Civil Justice Reform

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

Protection of Children

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

Indian Tribal Governments

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

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

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

Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01, and Commandant Instruction
M16475.lD which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions which do not individually or cumulatively have a
significant effect on the human environment because it simply
promulgates the operating regulations or procedures for drawbridges. We
seek any comments or information that may lead to the discovery of a
significant environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 117

    Bridges.
    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

    1. The authority citation for part 117 continues to read as
follows:

    Authority:  33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.
    2. Sec.  117.445 is revised to read as follows:

Sec.  117.445  Franklin Canal.

    The draw of the Chatsworth Bridge, mile 4.8 at Franklin, shall open
on signal from 5 a.m. to 9 p.m. if at least one hour notice is given.
From October 1 through January 31 from 9 p.m. to 5 a.m., the draw shall
be opened on signal if at least three hours notice is given. From
February 1 through September 30 from 9 p.m. to 5 a.m., the draw shall
open on signal if at least 12 hours notice is given.

    Dated: August 4, 2009.
Mary E. Landry,
Rear Admiral, U.S. Coast Guard Commander, Eighth Coast Guard District.
[FR Doc. E9-19825 Filed 8-18-09; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register Volume 87, Number 88 (Friday, May 6, 2022)]
[Rules and Regulations]
[Pages 26980-26981]
[FR Doc No: 2022-09520]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-0048; Airspace Docket No. 22-ASO-01]
RIN 2120-AA66

Amendment of Class D Airspace and Class E Airspace; Gulf Shores,
AL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Class D airspace and Class E airspace
extending upward from 700 feet above the surface for Gulf Shores
International Airport/Jack Edwards Field, Gulf Shores, AL, (formerly
Jack Edwards National Airport), by updating the airport's name, and
adding necessary verbiage to the descriptions. Controlled airspace is
necessary for the safety and management of instrument flight rules
(IFR) operations in the area.

DATES: Effective 0901 UTC, July 14, 2022. The Director of the Federal
Register approves this incorporation by reference action under 1 CFR
part 51, subject to the annual revision of FAA Order JO 7400.11 and
publication of conforming amendments.

ADDRESSES: FAA Order JO 7400.11F, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; Telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT:  John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, 1701
Columbia Avenue, College Park, GA 30337; Telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

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

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (87 FR 10994, February 28, 2022) for Docket No. FAA-2022-0048
to amend Class D airspace and Class E airspace extending upward from
700 feet above the surface for Gulf Shores International Airport/Jack
Edwards Field (formerly Jack Edwards National Airport), Gulf Shores,
AL, by updating the airport's name, and amending the descriptions, by
adding `when active' in reference to Restricted Area R-2908.
    Interested parties were invited to participate in this rulemaking
effort by submitting written comments on the proposal to the FAA. No
comments were received.
    Class D and Class E airspace designations are published in
Paragraphs 5000 and 6005, respectively, of FAA Order JO 7400.11F, dated
August 10, 2021, and effective September 15, 2021, which is
incorporated by reference in 14 CFR 71.1. The Class D and E airspace
designations listed in this document will be published subsequently in
FAA Order JO 7400.11F.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order JO 7400.11F, Airspace Designations
and Reporting Points, dated August 10, 2021, and effective September
15, 2021. FAA Order JO 7400.11F is publicly available as listed in the
ADDRESSES section of this document. FAA Order JO 7400.11F lists Class
A, B, C, D, and E airspace areas, air traffic routes, and reporting
points.

The Rule

    The FAA is amending 14 CFR part 71 by amending Class D airspace and
Class E airspace extending upward from 700 feet above the surface for
Gulf Shores International Airport/Jack Edwards Field (formerly Jack
Edwards National Airport), Gulf Shores, AL, by updating the airport's
name, and amending the descriptions, by adding `when active' in
reference to Restricted Area R-2908.
    Controlled airspace is necessary for the safety and management of
instrument flight rules (IFR) operations in the area.
    Class D and Class E airspace designations are published in
Paragraphs 5000 and 6005, respectively, of FAA Order JO 7400.11F, dated
August 10, 2021, and effective September 15, 2021, which is
incorporated by reference in 14 CFR 71.1. The Class D and E airspace
designations listed in this document will be published subsequently in
FAA Order JO 7400.11. FAA Order JO 7400.11, Airspace Designations and
Reporting Points, is published yearly and effective on September 15.

Regulatory Notices and Analyses

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

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5a. This airspace action is not expected to
cause any potentially

significant environmental impacts, and no extraordinary circumstances
exist that warrant preparation of an environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

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

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

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

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

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11F,
Airspace Designations and Reporting Points, dated August 10, 2021, and
effective September 15, 2021, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

ASO AL D Gulf Shores, AL [Amended]

Gulf Shores International Airport/Jack Edwards Field, AL
    (Lat. 30[deg]17'23' W''N, long. 87[deg]40'18'' W)

    That airspace extending upward from the surface to and including
2,000 feet MSL, within a 4.3-mile radius of Gulf Shores
International Airport/Jack Edwards Field, excluding that airspace
within Restricted Area R-2908, when active. This Class D airspace
area is effective during the specific dates and times established in
advance by a Notice to Air Missions. The effective date and time
will thereafter be continuously published in the Chart Supplement.

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

* * * * *

ASO AL E5 Gulf Shores, AL [Amended]

Gulf Shores International Airport/Jack Edwards Field, AL
    (Lat. 30[deg]17'23' W''N, long. 87[deg]40'18'' W)
    That airspace extending upward from 700 feet above the surface
within a 6.8-mile radius of Gulf Shores International Airport/Jack
Edwards Field, excluding that airspace within Restricted Area R-
2908, when active.

    Issued in College Park, Georgia, on April 28, 2022.
Andreese C. Davis,
Manager, Airspace & Procedures Team South, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2022-09520 Filed 5-5-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: November 8, 2007 (Volume 72, Number 216)]
[Notices]
[Page 63231-63232]
[DOCID:fr08no07-89]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2007-0030; Notice 1]

Graco Children's Products, Inc., Receipt of Petition for Decision
of Inconsequential Noncompliance

    Graco Children's Products, Inc. (Graco) has determined that certain
child restraint systems that it manufactured between June 21, 2006 and
October 26, 2007, did not fully comply with paragraphs S5.5.2(m) and
S<IP_ADDRESS> of 49 CFR 571.213, Federal Motor Vehicle Safety Standard
(FMVSS) No. 213 Child Restraint Systems. Graco has filed an appropriate
report pursuant to 49 CFR part 573, Defect and Noncompliance
Responsibility and Reports.
    Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule
at 49 CFR part 556), Graco has petitioned for an exemption from the
notification and remedy requirements of 49 U.S.C. Chapter 301 on the
basis that this noncompliance is inconsequential to motor vehicle
safety.
    This notice of receipt of Graco's petition is published under 49
U.S.C. 30118 and 30120 and does not represent any agency decision or
other exercise of judgment concerning the merits of the petition.
    Affected are several million child restraint systems. Paragraph
S5.5.2(m) of 49 CFR 571.213 requires that a child restraint system be
permanently labeled with:

    (m) One of the following statements, inserting an address and a
U.S. telephone number. If a manufacturer opts to provide a Web site
on the registration card as permitted in Figure 9a of this section,
the manufacturer must include the statement in part (ii):
    (i) ``Child restraints could be recalled for safety reasons. You
must register this restraint to be reached in a recall. Send your
name, address, e-mail address if available (preceding four words are
optional) and the restraint's model number and manufacturing date to
(insert address) or call (insert a U.S. telephone number). For
recall information, call the U.S. Government's Vehicle Safety
Hotline at 1-888-327-4236 (TTY: 1-800-424-9153), or go to http://www.NHTSA.gov.
''

    (ii) ``Child restraints could be recalled for safety reasons.
You must register this restraint to be reached in a recall. Send
your name, address, e-mail address if available [preceding four
words are optional], and the restraint's model number and
manufacturing date to (insert address) or call (insert a U.S.
telephone number) or register online at (insert Web site for
electronic registration form). For recall information, call the U.S.
Government's Vehicle Safety Hotline at 1-888-327-4236 (TTY: 1-800-
424-9153), or go to http://www.NHTSA.gov.''

See also S<IP_ADDRESS> of 49 CFR 571.213.
    Graco explains that all subject child restraint systems failed to
comply with the above requirements because labels attached to them did
not include Graco's electronic registration Web site address. In
addition, some models of these restraint systems also had labels that
included an incorrect NHTSA Hotline telephone number.
    Graco states that although the Hotline number printed on the labels
is incorrect (i.e., the labels show the superseded NHTSA Hotline
number), Graco has procured the former Hotline number and is prepared
to have all calls to that outdated number automatically routed to the
correct number (i.e., the current NHTSA Hotline number) for a period of
seven years.
    Graco additionally states that although its electronic registration
Web site address is not on the restraint systems, its toll free
telephone number appears in at least two places on all the restraint
systems. Also, full contact information, including the Graco's company
Web site address, appears in the owner's manual of every child
restraint system manufactured by Graco.
    Graco states that neither the incorrect NHTSA Hotline number nor
the absence of Graco's Web site address have any effect on the
crashworthiness of the restraint systems. Therefore, Graco states that
these noncompliances are inconsequential to motor vehicle safety.
    Graco notes that it has stopped shipment of the restraint systems
with incorrect labels and ceased production of new seats while
corrected labels are being printed. Graco proposes two measures as ``an
interim solution to bring infant and child seats produced with the
incorrect label into substantial compliance.'' First, Graco reiterates
its proposal to have calls to the incorrect NHTSA Hotline number
automatically rerouted to the correct number, which has been made
possible by Graco's obtaining the rights to the old number. Graco also
proposes to send a broadcast e-mail with a direct link to Graco's
online registration Web site to approximately 570,000 consumers about
the importance of registration of their child restraint systems. The e-
mail would be sent to approximately 570,000 consumers who have either
registered their child restraint systems through Graco, requested
Graco's newsletter, or whose names have been acquired from prenatal
lists. Graco believes that providing the direct Graco online
registration link will allow those consumers to register their Graco-
brand seats once they have received the e-mail.
    In summary, Graco states that it does not believe the
noncompliances described above appreciably impact motor vehicle safety,
and that while the label information required by NHTSA is important, so
is the need to have safety equipment available to consumers. Graco
argues that prioritization is especially important because cessation of
their current shipping and production could jeopardize supplies of
Graco child restraint systems to consumers.
    We note that the statutory provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to file petitions for a
determination of inconsequentiality allow NHTSA to exempt manufacturers
only from the duties found in sections 30118 and 30120, respectively,
to notify owners, purchasers, and dealers of a defect or noncompliance
and to remedy the defect or noncompliance. Therefore, these provisions
apply to vehicles and equipment that have already passed from the
manufacturer to an owner, purchaser, or dealer.
    Interested persons are invited to submit written data, views, and
arguments on this petition. Comments must refer to the docket and
notice number cited at the beginning of this notice and be submitted by
any of the following methods:
    a. By mail addressed to: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
    b. By hand delivery to U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590. The Docket Section is open on
weekdays from 10 a.m. to 5 p.m. except Federal Holidays.
    c. Electronically: by logging onto the Federal Docket Management
System (FDMS) Web site at http://www.regulations.gov/. Follow the

online instructions for submitting comments. Comments may also be faxed
to 1-202-493-2251.
    The petition, supporting materials, and all comments received
before the close of business on the closing date indicated below will
be filed and will be considered. Please note that we are

allowing just 10 days for comment in order to expedite resolution of
this matter. All comments and supporting materials received after the
closing date will also be filed and will be considered to the extent
possible. When the petition is granted or denied, notice of the
decision will be published in the Federal Register pursuant to the
authority indicated below.
    Comment closing date: December 10, 2007.

    Authority: 49 U.S.C. 30118, 30120: delegations of authority at
CFR 1.50 and 501.8.

    Issued on: November 2, 2007.
Daniel C. Smith
Associate Administrator for Enforcement.
[FR Doc. E7-21903 Filed 11-7-07; 8:45 am]

BILLING CODE 4910-59-P


[Federal Register Volume 79, Number 32 (Tuesday, February 18, 2014)]
[Rules and Regulations]
[Pages 9086-9088]
[FR Doc No: 2014-03464]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0010]
RIN 1625-AA00

Safety Zone: Maintenance Dredging 35-Foot Channel and Rock
Removal; Portland Harbor, Portland, ME

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone around
the blasting and dredging project taking place in Portland Harbor
between Portland and South Portland, Maine. This safety zone is
required to protect users of the waterway from the safety hazards
associated with this blasting and dredging project, which is being
undertaken to increase the water depth of the main channel to 35 feet.
Entry into this safety zone is prohibited unless authorized by the
Captain of the Port (COTP) Northern New England.

DATES: This rule is effective without actual notice from February 18,
2014 until March 31, 2014. For the purposes of enforcement, actual
notice will be used from the date the rule was signed, February 6,
2014, until February 18, 2014.
    This rule will be enforced at various dates and times to be
determined (TBD) to accommodate dredging and blasting operations, and
will be advertised via Local Notice to Mariners and Broadcast Notice to
Mariners.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2014-0010]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Junior Grade Elizabeth Gunn, U.S. Coast Guard,
Sector Northern New England, Waterways Management Division, via
telephone at<PHONE_NUMBER> or email at<EMAIL_ADDRESS>If
you have questions on viewing or submitting material to the docket,
call Barbara Hairston, Program Manager, Docket Operations, via
telephone at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 United States Code
(USC) 553(b)). This provision authorizes an agency to issue a rule
without prior notice and opportunity to comment when the agency, for
good cause, finds those procedures are ``impracticable, unnecessary, or
contrary to the public interest.''
    Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause
exists for not publishing a notice of proposed rulemaking (NPRM) with
respect to this rule because the Army Corps of Engineers (ACOE)
notified the Coast Guard of the blasting operations on January 8, 2014.
This notice was not received in sufficient time for the Coast Guard to
solicit public comments before the start of blasting operations.
Consequently, waiting for a comment period to run before publishing
this rule would inhibit the Coast Guard's ability to keep the boating
public safe and, thus, would be impracticable and contrary to the
public interest. Because blasting and dredging operations must be
completed by March 15, 2014, in accordance with Maine Department of
Environmental Protection (DEP) permitting, it would not be feasible for
the project to be delayed or rescheduled. Immediate action is needed to
protect the maritime public from the potential hazards associated with
blasting operations, which include the use of explosives below the
waterline. This regulation is necessary to ensure the immediate safety
of users of the waterway.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. For the same reasons discussed in
the preceding paragraph, delaying the effective date of this rule would
be impracticable and contrary to the public interest.

B. Basis and Purpose

    The legal basis for the temporary rule is 33 USC 1226, 1231, 46 USC
Chapter 701, 3306, 3703; 50 USC 191, 195; Pub. L. 107-295, 116 Stat.
2064; and Department of Homeland Security Delegation No. 0170.1, which
collectively authorize the Coast Guard to define safety zones.
    As part of the Maintenance Dredging 35-Foot Channel and Rock
Removal Project, the Army Corps of Engineers must blast and dredge in
portions of the Portland Harbor near Portland and South Portland,
Maine. Due to inherent dangers associated with blasting and dredging
operations, a safety zone is necessary to help ensure the safety of the
maritime public operating near the work site. The potential explosive
arc for each blasting site has been calculated to be approximately 600
feet.
    The project is also required to comply with applicable state laws.

C. Discussion of the Final Rule

    The Coast Guard is establishing a temporary safety zone on the
navigable waters, from the surface to the bottom of Portland Harbor, in
the vicinity of the Army Corps of Engineers' Maintenance Dredging 35-
Foot Channel and Rock Removal Project work site between Portland and
South Portland, Maine, from the Portland Fish Pier at 43[deg]39'03'' N,
70[deg]15'09'' W across to the Coast Guard Base Pier at 43[deg]38'47''
N, 70[deg]14'53'' W then downstream to the Maine State Pier at
43[deg]39'20'' N, 70[deg]14'48'' W and across to Portland Pipeline Pier
1 at 43[deg]39'11'' N, 70[deg]14'35'' W. This safety zone will
encompass multiple blasting sites within a concentrated area of
Portland Harbor. The safety zone will be enforced only within 600 feet
of each blast site, and only for a short duration of time prior to,
during, and after each detonation. Notice of the safety zone
enforcement will be advertised via Local Notice to Mariners, Safety
Marine Information Broadcast (SMIB) broadcast over Channel 16, and by
actual notice on site. Vessels will be able to transit areas outside of
the 600 yard radius surrounding each blast site. In addition, vessels
may be able to transit through the enforced portions of the safety zone
with permission of the COTP or his designated representative. To
request permission to transit within the safety zone, the COTP can be
contacted via telephone at<PHONE_NUMBER>, or by radio on VHF Marine
Band Radio, channel 16. The safety zone will be in effect from 12:01
a.m. on February 10, 2014 to 11:59 p.m. on March 31, 2014.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. The Coast Guard has made
this determination based primarily on the fact that maritime traffic
will be allowed to transit the safety zones with permission from the
COTP so there should be little to no economic impact. Further, the
safety zone will only be enforced for short durations before and during
the actual blasting activity.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 USC 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 USC 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities. The following entities may be affected by this rule,
some of which may be small entities: The owners and operators of
vessels intending to operate, transit, or anchor in a portion of
Portland Harbor during the effective times of the safety zone. The
safety zone will not have a significant impact on a substantial number
of small entities for the following reasons. The enforcement area of
the safety zone will be limited to those areas where actual blasting is
taking place. Vessels will be able to transit all other areas inside
the safety zone where active blasting activities are not taking place.
The Coast Guard will make enforcement notifications via maritime
advisories so mariners can adjust their plans accordingly. The safety
zone will only be enforced for short durations before and during the
actual blasting activity.

3. Assistance for Small Entities

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

4. Collection of Information

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

5. Federalism

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

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children From Environmental Health Risks

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

11. Indian Tribal Governments

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

12. Energy Effects

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

13. Technical Standards

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

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves regulations regarding safety zones.
This rule is categorically excluded from further review under paragraph
34(g) of Figure 2-1 of the Commandant Instruction. This rule involves
creation of a temporary safety zone for a limited period of time. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination will be available in the docket
where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 USC 1226, 1231; 46 USC 701, 3306, 3703; 50 USC
191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-295, 116
Stat. 2064; Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.T01-0010 to read as follows:

Sec.  165.T01-0010  Safety Zone; Maintenance Dredging 35-Foot Channel
and Rock Removal; Portland Harbor, Portland, ME.

    (a) Location. The following area is a safety zone: All navigable
waters, from the surface to the bottom of Portland Harbor, from the
Portland Fish Pier at 43[deg]39'03'' N, 70[deg]15'09'' W across to the
Coast Guard Base Pier at 43[deg]38'47'' N, 70[deg]14'53'' W then
downstream to the Maine State Pier at 43[deg]39'20'' N, 70[deg]14'48''
W and across to Portland Pipeline Pier 1 at 43[deg]39'11'' N,
70[deg]14'35'' W.
    (b) Definitions. The following definitions apply to this section:
    (1) ``Designated representative'' means any U.S. Army Corps of
Engineers personnel, any commissioned, warrant, or petty officer of the
U.S. Coast Guard, and any member of the Coast Guard Auxiliary who has
been designated by the Captain of the Port (COTP) Sector Northern New
England, to act on the COTP's behalf.
    (2) ``Official patrol vessel'' means any Coast Guard, Coast Guard
Auxiliary, Army Corp of Engineers, state, or local law enforcement
vessel assigned or approved by the COTP.
    (c) Effective Period. This section is effective from February 10,
2014 to March 31, 2014.
    (d) Regulations. (1) The general regulations in 33 CFR 165.23
apply.
    (2) Entry, transit, diving, dredging, dumping, fishing, trawling,
conducting salvage operations, remaining or anchoring within a 600 foot
radius of blasting operations within the safety zone is prohibited
unless authorized by the COTP.
    (3) Upon being hailed by a U.S. Coast Guard vessel, U.S. Army Corps
of Engineers vessel or a designated representative, by siren, radio,
flashing light, or other means, the operator of a vessel shall proceed
as directed.
    (4) Vessel operators desiring to enter, transit, dive, dredge,
dump, fish, trawl, conduct salvage operations, remain within, or anchor
within the safety zone must contact the COTP or the designated
representative via the Sector Northern New England Command Center by
VHF channel 16 or by phone at<PHONE_NUMBER>.
    (5) Vessel operators given permission to enter or operate in the
safety zone must comply with all directions given to them by the COTP
or the designated representative.

    Dated: February 6, 2014.
A.J. Ceraolo,
Commander, U.S. Coast Guard Acting Captain of the Port Sector Northern
New England.
[FR Doc. 2014-03464 Filed 2-14-14; 8:45 am]
BILLING CODE 9110-04-P


UNITED STATES ENVIRONMENTAL PROTECTION AGENCY OFFICE OF PREVENTION, PESTICIDES, AND TOXIC SUBSTANCES WASHINGTON, D. C. 20460 June 06, 2003 MEMORANDUM Subject: Response to Comments From The Bayer Environmental Science on Oxadiazon Risk Assessment [ PC Code 109001, DP Barcode D290006]

From: Seyed Tadayon, Chemist Reregistration Branch III Health Effects Division 7509C Thru: Cathy Eiden, Branch Senior Scientist Reregistration Branch III Health Effect Division 7509C To: Mark Seaton, Chemical Review Manager Special Review and Reregistration Division Mail Code 7509C The purpose of this document is to address the comments in a April 17, 2003 ( received by HED May 06, 2003) letter from Bayer Environmental Science ( BES) in response to the most recent Agency risk assessment document for oxadiazon.

The comments from this submission have been summarized below followed by the Agency response to each specific comment. The Bayer letter focused on different areas of the risk assessment process such as the drinking water intake, occupational risks and residential risks. This document addresses only those comments related to the occupational and residential aspects of the risk assessment. BES comment:

Page 5 provides a use figure on golf courses of 77% and other document 77% or 65% ( EFED risk assessment). The use figures should be harmonized within and between the different documents.

EPA response:

This error has been corrected in the revised chapter.

BES comment:

Page 8 provides a use figure on golf courses of 71% and other document 77% or 65% ( EFED risk assessment). The use figures should be harmonized within and between the different documents.

EPA Response:

This error has been corrected in the revised chapter.

BES comment:

Page 27, Bayer finds this statement and the conclusion to be confusing. The two TTR studies ( MRID# 449955 01 and 449955 02) were apparently not accepted by EPA because they used the modified California Roller sampling device and not the ORETF device. Bayer refers the Agency to the ORETF submission " Evaluation of Transferable Turf Residue Techniques ( MRID# 4497203) which recommends the California roller as the ORETF technique for conducting TTR studies. Therefore, why were the studies not accepted when the modified California Roller technique and the ORETF Technique are identical ? Bayer is also concerned about the statement that HED does not considered TTR values less than 1% of the application rate to be acceptable. Granular formulation have consistently been demonstrate to have TTR values less than 1% of the application rate. This statement appears to relate to the relationship between the generic residential SOP transfer coefficients of 14,500 cm2/ hr and 8200 cm2/ hr for children and TTRs less than 1% of the application rate ( HED policy 12, revised 22 February 2001). Policy 12 states that the revised transfer coefficients should not be used with TTRs of less than 1% of the application rate. Based on policy 12, transfer coefficients of 43000 cm2/ hr for adults and 8700 cm2/ hr for children are to be used when the TTR values are less than 1%. Therefore, the oxadiazon TTR studies not considered to be acceptable should be reevaluated and used with higher transfer coefficients if the TTRs are less than 1%.

EPA response:

HED agrees that the California roller technique is the most efficient of all the measuring techniques to collect TTR data. However, a transfer coefficient ( TC) measurement should be taken concurrently with the TTR measurement. In the absence of a concurrent TC measurement, HED's Expo SAC Policy 12 indicates that the default TC values and 5% of application rate for TTR should be used to estimate short term exposure. In the submitted Bayer study, the TTR values measured were 0.07% of application rate for granular and 0.15% of application rate for liquid. HED Exposure SAC and the oxadiazon ORE RED chapter clearly address this policy issue. That is, if either condition applies:

1) TTR collected via California roller technique in absence of concurrent TC values, and/ or 2) TTR values< 0.5% of application rate for granular and < 1% for liquid applications,

then HED uses default values as per residential SOP ( Policy 12, revised 22 February 2001) for conducting exposure assessment.

The use of low TTRs with the current transfer coefficients may underestimate dermal exposure. HED further reviewed Science Advisory Council Exposure Policy 12 ( February 22, 2001) and concluded that transfer coefficients of 43000 cm2/ hr for adults or 8700 cm2/ hr for children have been changed to 14,500 cm2/ hr for adults and 5,200 cm2/ hr for children ( 1 6 yrs) in the current revised SOP ( February 22, 2001).

BES comment:

Page 33, the golf course transfer coefficients developed concurrent TTR monitoring using the modified California method. Therefore the TTRs obtained from the submitted Ronstar WP study should be used in lieu of the default 5% value.

EPA response:

The submitted study ( MRID# 435178 01) measured the exposure associated with Jazzercise on turf. Jazzercise actions are significantly different from golfing actions, therefore, it is not appropriate to use the TTR values obtained from this study as surrogate data. HED used the standard default value from the SOP.

BES comment:

Page 35, TTR values should be based on the result of the Ronstar WP study and not the default values of 5%. Defaults stated in the residential sops are to be used only in the absence of chemical specific data.

EPA response:

The tables on pages 36 ( table 8), 37 ( table 9) and 38 ( table 10) of the risk assessment use the TTR values from study ( MRID# 435178 01). The tables also show the risk if the standard default value is used. HED typically provides a range of risk estimates based on defaults and chemical specific data to SRRD, if required. However, risk managers base their final decision on all of the data shown for these scenarios. BES comment:

Page 38, the Information in this table should be verified. Bayer does not understand how the percent values for the hand to mouth activities were derived, and why the TTR values are higher for the exposure from irrigated grass than the one for the non irrigated grass, while the TTR based on study MRID 43517801 indicates the reverse situation. Values presented in Table 10 MRID 43517801 are different from the values presented in the revised Occupational and Residential Exposure Assessment document page 28 provides the following TTR values for nonirrigated and the irrigated plots: " on day 0, the highest average turf transferable residues ( TTR) for non irrigated plots was 1.22

g per cm2 and 0.694

g per cm2 on irrigated plot.".

EPA Response:

The turf transferable residues ( TTR) values indicated in page 28 of Occupational and Residential Exposure Assessment document were obtained from the study MRID 43517801. This study was conducted with 3.0 lb ai/ A. In Tables 8, 9 and 10 the TTR values have been adjusted to reflect the label rate of 4.0 lb ai/ A. A correction has been made to Table 10 to present the correct TTR values for irrigated grass versus non irrigated grass.


[Federal Register Volume 83, Number 95 (Wednesday, May 16, 2018)]
[Notices]
[Pages 22722-22726]
[FR Doc No: 2018-10377]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83206; File No. SR-CboeBZX-2018-033]

Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To List
and Trade Under BZX Rule 14.11(c)(4) Shares of the iShares Long-Term
National Muni Bond ETF of iShares Trust

May 10, 2018.
    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 May 3, 2018, Cboe BZX Exchange, Inc. (``Exchange'' or ``BZX'') filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I and II below, which Items
have been prepared by the Exchange. The Exchange has designated this
proposal as a ``non-controversial'' proposed rule change pursuant to
Section 19(b)(3)(A) of the Act \3\ and Rule 19b-4(f)(6)(iii)
thereunder,\4\ which renders it effective upon filing with the
Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

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

    The Exchange filed a proposal to list and trade under BZX Rule
14.11(c)(4) the shares of the iShares Long-Term National Muni Bond ETF
(the ``Fund'') of iShares Trust (the ``Trust'').
    The text of the proposed rule change is available at the Exchange's
website at www.markets.cboe.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 Exchange 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 these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
Sections A, B, and C below, of the most significant parts of such
statements.

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

1. Purpose
    The Exchange proposes to list and trade shares (``Shares'') of the
Fund under BZX Rule 14.11(c)(4),\5\ which governs the listing and
trading of index fund shares based on fixed income securities
indexes.\6\ The Shares will be offered by the Trust, which was
established as a Delaware statutory trust on December 16, 1999. The
Trust is registered with the Commission as an open-end investment
company and has filed a registration statement on behalf of the Fund on
Form N-1A (``Registration Statement'') with the Commission.\7\
---------------------------------------------------------------------------

    \5\ The Commission approved BZX Rule 14.11(c) in Securities
Exchange Act Release No. 65225 (August 30, 2011), 76 FR 55148
(September 6, 2011) (SR-BATS-2011-018).
    \6\ The Commission previously has approved proposed rule changes
relating to listing and trading of funds based on municipal bond
indexes. See Securities Exchange Act Release Nos. 78329 (July 14,
2016), 81 FR 47217 (July 20, 2016) (SR-BatsBZX-2016-01) (order
approving the listing and trading of the following series of VanEck
Vectors ETF Trust: VanEck Vectors AMT-Free 6-8 Year Municipal Index
ETF; VanEck Vectors AMT-Free 8-12 Year Municipal Index ETF; and
VanEck Vectors AMT-Free 12-17 Year Municipal Index ETF); 67985
(October 4, 2012), 77 FR 61804 (October 11, 2012) (SR-NYSEArca-2012-
92) (order approving proposed rule change relating to the listing
and trading of iShares 2018 S&P AMT-Free Municipal Series and
iShares 2019 S&P AMT-Free Municipal Series under NYSE Arca, Inc.
(``NYSE Arca'') Rule 5.2(j)(3), Commentary .02); 72523 (July 2,
2014), 79 FR 39016 (July 9, 2014) (SR-NYSEArca-2014-37) (order
approving proposed rule change relating to the listing and trading
of iShares 2020 S&P AMT-Free Municipal Series under NYSE Arca Rule
5.2(j)(3), Commentary .02); and 75468 (July 16, 2015), 80 FR 43500
(July 22, 2015) (SR-NYSEArca-2015-25) (order approving proposed rule
change relating to the listing and trading of the iShares iBonds Dec
2021 AMT-Free Muni Bond ETF and iShares iBonds Dec 2022 AMT-Free
Muni Bond ETF under NYSE Arca Rule 5.2(j)(3), Commentary .02).
    \7\ See Registration Statement on Form N-1A for the Trust, dated
January 9, 2018 (File Nos. 333-92935 and 811-09729). The
descriptions of the Fund and the Shares contained herein are based,
in part, on information in the Registration Statement. The
Commission has issued an order granting certain exemptive relief to
the Trust under the Investment Company Act of 1940 (15 U.S.C. 80a-1)
(``1940 Act'') (the ``Exemptive Order''). See Investment Company Act
Release No. 28021 (October 24, 2007) (File No. 812-13426).
---------------------------------------------------------------------------

    Rule 14.11(c)(4)(B)(i)(b) requires that component fixed income
securities that, in the aggregate, account for at least 75% of the
weight of the index or portfolio shall have a minimum principal amount
outstanding of $100 million or more. The Exchange submits this proposal
because the Underlying

Index does not meet this requirement. The Underlying Index does,
however, meet all of the other requirements of Rule 14.11(c)(4).
Description of the Shares and the Fund
    BlackRock Fund Advisors is the investment adviser (``BFA'' or
``Adviser'') to the Fund.\8\ State Street Bank and Trust Company is the
administrator, custodian, and transfer agent (``Administrator,''
``Custodian,'' and ``Transfer Agent,'' respectively) for the Trust. S&P
is the index provider (the ``Index Provider'') for the Fund. BlackRock
Investments, LLC serves as the distributor (``Distributor'') for the
Trust.
---------------------------------------------------------------------------

    \8\ BFA is an indirect wholly owned subsidiary of BlackRock,
Inc.
---------------------------------------------------------------------------

S&P 15+ Year National AMT-Free Municipal Bond Index
    According to the Registration Statement, the Fund will seek to
track the investment results of the S&P 15+ Year National AMT-Free
Municipal Bond Index (the ``Underlying Index''), which measures the
performance of the investment-grade segment of the U.S. municipal bond
market with remaining maturities greater than or equal to fifteen
years. The Underlying Index primarily includes municipal bonds from
issuers that are state or local governments or agencies such that the
interest on each such bond is exempt from U.S. federal income taxes and
the federal alternative minimum tax (``AMT''). As of February 13, 2018,
the Underlying Index included 3,637 component fixed income municipal
bond securities from issuers in 45 different states or U.S.
territories.\9\ The most heavily weighted security in the Underlying
Index represented approximately 0.32% of the total weight of the
Underlying Index and the aggregate weight of the top five most heavily
weighted securities in the Underlying Index represented less than 1.36%
of the total weight of the Underlying Index. Approximately 40.01% of
the weight of the components in the Underlying Index had a minimum
original principal outstanding of $100 million or more. In addition,
the total dollar amount outstanding of issues in the Underlying Index
was approximately $239,414,133,037 and the average dollar amount
outstanding of issues in the Underlying Index was approximately
$65,827,367.
---------------------------------------------------------------------------

    \9\ Unless otherwise noted, all statistics related to the
Underlying Index presented hereafter were accurate as of February
13, 2018.
---------------------------------------------------------------------------

    Under normal market conditions,\10\ the Fund will invest at least
90% of its assets in the component securities of the Underlying Index.
With respect to the remaining 10% of its assets, the Fund may invest in
certain futures, options and swap contracts, cash and cash equivalents,
including shares of money market funds advised by BFA or its
affiliates, as well as in securities not included in the Underlying
Index, but which BFA believes will help the Fund track the Underlying
Index.
---------------------------------------------------------------------------

    \10\ The term ``normal market conditions'' includes, but is not
limited to, the absence of trading halts in the applicable financial
markets generally; operational issues (e.g., systems failure)
causing dissemination of inaccurate market information; or force
majeure type events such as natural or manmade disaster, act of God,
armed conflict, act of terrorism, riot or labor disruption or any
similar intervening circumstance.
---------------------------------------------------------------------------

Requirement for Index Constituents
    Each bond in the Underlying Index must be denominated in U.S.
dollars, must be a constituent of an offering where the original
offering amount was at least $100 million, and must have a minimum par
amount of $25 million. To remain in the Underlying Index, bonds must
maintain a minimum par amount greater than or equal to $25 million as
of the next rebalancing date. The Underlying Index primarily includes
municipal bonds from issuers that are state or local governments or
agencies such that the interest on each such bond is exempt from U.S.
federal income taxes and the federal alternative minimum tax (``AMT'').
Each bond in the Underlying Index must have a rating of at least BBB-
by S&P Global Ratings, Baa3 by Moody's Investors Service, Inc., or BBB-
by Fitch Ratings, Inc. A bond must be rated by at least one of these
three rating agencies in order to qualify for the Underlying Index, and
the lowest rating will be used in determining if the bond is
investment-grade.
Discussion
    Based on the characteristics of the Underlying Index and the
representations made in the Requirements for Index Constituents section
above, the Exchange believes it is appropriate to allow the listing and
trading of the Shares. The Underlying Index and Fund satisfy all of the
generic listing requirements for Index Fund Shares based on a fixed
income index, except for the minimum principal amount outstanding
requirement of 14.11(c)(4)(B)(i)(b). A fundamental purpose behind the
minimum principal amount outstanding requirement is to ensure that
component securities of an index are sufficiently liquid such that the
potential for index manipulation is reduced. With this in mind, the
Exchange notes that the representations in the Requirements for Index
Constituents for the Underlying Index are identical to the
representations made regarding the S&P National AMT-Free Municipal Bond
Index (the ``Comparable Index''), which underlies a series of Index
Fund Shares that were previously approved for listing and trading by
the Commission.\11\ In the Approval Order, the Commission highlighted
the representations that the Comparable Index would, on a continuous
basis, contain at least 500 component securities and that at least 90%
of the weight of the Comparable Index will be comprised of securities
that have a minimum par amount of $25 million and were a constituent of
an offering where the original offering amount was at least $100
million. The Exchange believes that because these representations
regarding diversification and the lack of concentration among
constituent securities provides a strong degree of protection against
index manipulation that is consistent with other proposals that have
been approved for listing and trading by the Commission.
---------------------------------------------------------------------------

    \11\ The Comparable Index underlies the iShares National Muni
Bond ETF. See Securities Exchange Act Release No. 82295 (December
12, 2017), 82 FR 60056 (December 18, 2017) (SR-NYSEArca-2017-56)
(the ``Approval Order'').
---------------------------------------------------------------------------

    In addition, the Exchange represents that: (1) Except for Rule
14.11(c)(4)(B)(i)(b), the Underyling [sic] index currently satisfies
all of the generic listing standards under Rule 14.11(c)(4); (2) the
continued listing standards under Rule 14.11(c), as applicable to Index
Fund Shares based on fixed income securities, will apply to the shares
of the Fund; and (3) the issuer of the Fund is required to comply with
Rule 10A-3 \12\ under the Act for the initial and continued listing of
the Shares. In addition, the Exchange represents that the Fund will
comply with all other requirements applicable to Index Fund Shares,
including, but not limited to, requirements relating to the
dissemination of key information such as the value of the Underyling
[sic] Index and the Intraday Indicative Value (``IIV''),\13\ rules
governing the trading of equity securities, trading hours, trading
halts, surveillance, information barriers and the Information Circular,
as set

forth in the Exchange rules applicable to Index Fund Shares and prior
Commission orders approving the generic listing rules applicable to the
listing and trading of Index Fund Shares.
---------------------------------------------------------------------------

    \12\ 17 CFR 240.10A-3.
    \13\ The IIV will be widely disseminated by one or more major
market data vendors at least every 15 seconds during the Exchange's
Regular Trading Hours. Currently, it is the Exchange's understanding
that several major market data vendors display and/or make widely
available IIVs taken from the Consolidated Tape Association
(``CTA'') or other data feeds.
---------------------------------------------------------------------------

    The current value of the Underlying Index will be widely
disseminated by one or more major market data vendors at least once per
day, as required by Rule 14.11(c)(4)(C)(ii). The portfolio of
securities held by the Fund will be disclosed daily on the Fund's
website. Further, the Fund's website will contain the Fund's prospectus
and additional data relating to net asset value (``NAV'') and other
applicable quantitative information. The issuer has represented that
the NAV will be calculated daily and will be made available to all
market participants at the same time. The Index Provider is not a
broker-dealer and is not affiliated with a broker-dealer. To the extent
that the Index Provider becomes a broker-dealer or becomes affiliated
with a broker-dealer, the Index Provider will implement and will
maintain a ``fire wall'' around the personnel who have access to
information concerning changes and adjustments to the Underlying Index
and the Underlying Index shall be calculated by a third party who is
not a broker-dealer or fund advisor. In addition, any advisory
committee, supervisory board or similar entity that advises the Index
Provider or that makes decisions on the Index, methodology and related
matters, will implement and maintain, or be subject to, procedures
designed to prevent the use and dissemination of material non-public
information regarding the Underlying Index.
    The Exchange's existing rules require that the issuer of the Fund
notify the Exchange of any material change to the methodology used to
determine the composition of the Underlying Index and, therefore, if
the methodology of the Underlying Index was changed in a manner that
would materially alter its existing composition, the Exchange would
have advance notice and would evaluate the modifications to determine
whether the Underyling [sic] Index remained sufficiently broad-based
and well diversified.
    Price information regarding municipal bonds, convertible
securities, and non-exchange traded assets, including investment
companies, derivatives, money market instruments, repurchase
agreements, structured notes, participation notes, and when-issued
securities is available from third party pricing services and major
market data vendors. For exchange-traded assets, including investment
companies, futures, warrants, and options, such intraday information is
available directly from the applicable listing exchange.
Surveillance
    The Exchange represents that trading in the shares of the Fund will
be subject to the existing trading surveillances, administered by the
Financial Industry Regulatory Authority (``FINRA'') on behalf of the
Exchange, or by regulatory staff of the Exchange, which are designed to
detect violations of Exchange rules and applicable federal securities
laws. The Exchange represents that these procedures are adequate to
properly monitor Exchange trading of the shares of the Fund in all
trading sessions and to deter and detect violations of Exchange rules
and federal securities laws applicable to trading on the Exchange.\14\
---------------------------------------------------------------------------

    \14\ 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 ETFs 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 ETFs from such
markets and other entities. In addition, the Exchange may obtain
information regarding trading in the Shares and ETFs from markets and
other entities that are members of ISG or with which the Exchange has
in place a comprehensive surveillance sharing agreement. In addition,
FINRA, on behalf of the Exchange, is able to access, as needed, trade
information for certain fixed income securities held by a Fund reported
to FINRA's Trade Reporting and Compliance Engine (``TRACE''). FINRA
also can access data obtained from the Municipal Securities Rulemaking
Board (``MSRB'') relating to municipal bond trading activity for
surveillance purposes in connection with trading in the Shares.
2. Statutory Basis
    The Exchange believes that the proposal is consistent with Section
6(b) of the Act \15\ in general and Section 6(b)(5) of the Act \16\ in
particular in that it is designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in facilitating transactions in securities, to remove
impediments to and perfect the mechanism of a free and open market and
a national market system and, in general, to protect investors and the
public interest.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78f.
    \16\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change is designed to
prevent fraudulent and manipulative acts and practices in that the
shares of the Fund will be listed and traded on the Exchange pursuant
to the initial and continued listing criteria for Index Fund Shares
based on a fixed income index in Rule 14.11(c)(4), except for the
minimum principal amount outstanding requirement of
14.11(c)(4)(B)(i)(b). The Exchange represents that trading in the
shares of the Fund will be subject to the existing trading
surveillances administered by the Exchange as well as cross-market
surveillances administered by the FINRA on behalf of the Exchange,
which are designed to detect violations of Exchange rules and federal
securities laws applicable to trading on the Exchange. The Exchange
represents that these procedures are adequate to properly monitor
Exchange trading of the shares of the Fund in all trading sessions and
to deter and detect violations of Exchange rules and federal securities
laws applicable to trading on the Exchange. The Exchange or FINRA, on
behalf of the Exchange, or both, will communicate as needed regarding
trading in the shares of the Fund with other markets that are members
of the ISG. In addition, the Exchange will communicate as needed
regarding trading in the shares of the Fund with other markets that are
members of the ISG or with which the Exchange has in place a
comprehensive surveillance sharing agreement. FINRA also can access
data obtained from the Municipal Securities Rulemaking Board relating
to municipal bond trading activity for surveillance purposes in
connection with trading in the shares of the Fund. FINRA, on behalf of
the Exchange, is able to access, as needed, trade information for
certain fixed income securities held by the Fund reported to

FINRA's Trade Reporting and Compliance Engine (``TRACE'').
    As discussed above, the Exchange believes that the Underlying Index
is sufficiently broad-based to deter potential manipulation. The
Underlying Index currently includes 3,637 component securities. Whereas
the Rule 14.11(c)(4)(B)(i)(e) requires that an index contain securities
from a minimum of 13 non-affiliated issuers, the Underlying Index
includes securities issued by municipal entities in more than 45 states
or U.S. territories. Further, whereas the generic listing rules permit
a single component security to represent up to 30% of the weight of an
index and the top five component securities to, in aggregate, represent
up to 65% of the weight of an index, the largest component security in
the Underyling [sic] Index only constitutes 0.32% of the weight of the
Underlying Index and the largest five component securities represent
1.36% of the weight of the Underlying Index.
    The Exchange believes that this significant diversification and the
lack of concentration among constituent securities provides [sic] a
strong degree of protection against index manipulation. The Underlying
Index and Fund satisfy all of the generic listing requirements for
Index Fund Shares based on a fixed income index, except for the minimum
principal amount outstanding requirement of 14.11(c)(4)(B)(i)(b). A
fundamental purpose behind the minimum principal amount outstanding
requirement is to ensure that component securities of an index are
sufficiently liquid such that the potential for index manipulation is
reduced. With this in mind, the Exchange notes that the representations
in the Requirements for Index Constituents for the Underlying Index are
identical to the representations made regarding the Comparable Index,
which underlies a series of Index Fund Shares that were previously
approved for listing and trading by the Commission.\17\ In the Approval
Order, the Commission highlighted the representations that the
Comparable Index would, on a continuous basis, contain at least 500
component securities and that at least 90% of the weight of the
Comparable Index will be comprised of securities that have a minimum
par amount of $25 million and were a constituent of an offering where
the original offering amount was at least $100 million. The Exchange
believes that because [sic] these representations regarding
diversification and the lack of concentration among constituent
securities provides [sic] a strong degree of protection against index
manipulation that is consistent with other proposals that have been
approved for listing and trading by the Commission.
---------------------------------------------------------------------------

    \17\ The Comparable Index underlies the iShares National Muni
Bond ETF. See Securities Exchange Act Release No. 82295 (December
12, 2017), 82 FR 60056 (December 18, 2017) (SR-NYSEArca-2017-56)
(the ``Approval Order'').
---------------------------------------------------------------------------

    The proposed rule change is designed to promote just and equitable
principles of trade and to protect investors and the public interest in
that a large amount of information is publicly available regarding the
Funds, thereby promoting market transparency. The Fund's portfolio
holdings will be disclosed on the Fund's website daily after the close
of trading on the Exchange and prior to the opening of trading on the
Exchange the following day. Moreover, the IIV for shares of the Fund
will be widely disseminated by one or more major market data vendors at
least every 15 seconds during the Exchange's Regular Trading Hours. The
current value of the Index will be disseminated by one or more major
market data vendors at least once per day. Information regarding market
price and trading volume of the shares of the Fund will be continually
available on a real-time basis throughout the day on brokers' computer
screens and other electronic services, and quotation and last sale
information will be available via the CTA high-speed line. The website
for the Fund will include the prospectus for the Fund and additional
data relating to NAV and other applicable quantitative information.
    If the Exchange becomes aware that the Fund's NAV is not being
disseminated to all market participants at the same time, it will halt
trading in the shares of the Fund until such time as the NAV is
available to all market participants. 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 the Fund.
Trading also may be halted because of market conditions or for reasons
that, in the view of the Exchange, make trading in the shares the Fund
inadvisable. If the IIV and index value are not being disseminated for
the Fund as required, the Exchange may halt trading during the day in
which the interruption to the dissemination of the IIV or index value
occurs. If the interruption to the dissemination of an IIV or index
value persists past the trading day in which it occurred, the Exchange
will halt trading. The Exchange may consider all relevant factors in
exercising its discretion to halt or suspend trading in the Shares of
the Fund. The Exchange will halt trading in the Shares under the
conditions specified in BZX Rule 11.18. Trading may be halted because
of market conditions or for reasons that, in the view of the Exchange,
make trading in the Shares inadvisable. These may include: (1) The
extent to which trading is not occurring in the securities and/or the
financial instruments composing the daily disclosed portfolio of the
Funds; or (2) whether other unusual conditions or circumstances
detrimental to the maintenance of a fair and orderly market are
present. Trading in the Shares also will be subject to Rule
14.11(c)(1)(B)(iv), which sets forth circumstances under which Shares
of a Fund may be halted. In addition, investors will have ready access
to information regarding the applicable IIV, and quotation and last
sale information for the shares of the Fund. Trade price and other
information relating to municipal bonds is available through the
Municipal Securities Rulemaking Board's Electronic Municipal Market
Access (``EMMA'') system.
    All statements and representations made in this filing regarding
the index composition, the description of the portfolio or reference
assets, limitations on portfolio holdings or reference assets,
dissemination and availability of index, reference asset, and intraday
indicative values (as applicable), or the applicability of Exchange
listing rules shall constitute continued listing requirements for
listing the Shares on the Exchange. The issuer is required to advise
the Exchange of any failure by the Fund 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 Fund is not in compliance with
the applicable listing requirements, the Exchange will commence
delisting procedures under Rule 14.12.
    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
exchange-traded products that principally hold municipal bonds and that
will enhance competition among market participants, to the benefit of
investors and the marketplace. The Exchange has in place surveillance
procedures relating to trading in the shares of the Fund 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,

investors will have ready access to information regarding the IIV and
quotation and last sale information for the shares of the Fund.
    For the above reasons, the Exchange believes that the proposed rule
change is consistent with the requirements of Section 6(b)(5) of the
Act.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purpose of the Act. The Exchange notes that the
proposed rule change will facilitate the listing and trading of an
additional exchange-traded product that will enhance competition among
market participants, to the benefit of investors and the marketplace.

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

    The Exchange has neither solicited nor received written comments on
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 \18\ and Rule 19b-
4(f)(6) thereunder.\19\
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78s(b)(3)(A).
    \19\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the 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. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number CboeBZX-2018-033 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 CboeBZX-2018-033. 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 will also 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 CboeBZX-2018-033 and should be submitted on
or before June 6, 2018.
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    \20\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-10377 Filed 5-15-18; 8:45 am]
 BILLING CODE 8011-01-P