[Federal Register: May 28, 2010 (Volume 75, Number 103)]
[Notices]
[Page 30018]
[DOCID:fr28my10-72]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. TS04-179-000; TS10-1-000]

Cross-Sound Cable Company, LLC; Notice of Filing

May 21, 2010.
    Take notice that on December 18, 2009, Cross-Sound Cable Company,
LLC filed a motion notifying the Commission of certain changed
circumstances and seeking confirmation that is still entitled to waiver
of the standards of conduct requirements of Part 358.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant and all the parties in this proceeding.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on June 4, 2010.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-12863 Filed 5-27-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 153 (Wednesday, August 8, 2012)]
[Rules and Regulations]
[Pages 47273-47275]
[FR Doc No: 2012-18884]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0264; Directorate Identifier 2011-NM-179-AD;
Amendment 39-17147; AD 2012-15-17]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all
Airbus Model A300 B4-603, B4-605R, and B4-622R airplanes; Model A300
C4-605R Variant F airplanes; and Model A300 F4-600R series airplanes.
This AD was prompted by a report that chafing was detected between the
autopilot electrical wiring conduit and the wing bottom skin. This AD
requires modifying the wiring installation on the right-hand wing. We
are issuing this AD to prevent sparking due to electrical chafing when
flammable vapors are present in the area, which could cause an
uncontrolled fire.

DATES: This AD becomes effective September 12, 2012.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of September
12, 2012.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on March 15, 2012 (77
FR 15291). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:

    During a scheduled general visual inspection in a zone adjacent
to a fuel tank (zone 675) chafing was detected between the autopilot
electrical wiring conduit and the wing bottom skin.
    This condition, in the scope of published FAA SFAR88 [Special
Federal Aviation Regulation] and JAA [Joint Aviation Authority]
Internal Policy INT/POL/25/12, is considered on ground to be a
potential source of explosive condition due to the risk of a spark
with electrical wire chafing when flammable vapours are present in
the area. If left uncorrected, this condition could lead to an
uncontrolled fire.
    For the reasons described above, this [EASA] AD requires
modification of the wiring installation to improve the routing and
the protection of the harnesses in the zone 675/Rib 6 of the Right
Hand wing.

You may obtain further information by examining the MCAI in the AD
docket.

Comments

    We gave the public the opportunity to participate in developing
this AD. We considered the comment received.

Request To Extend the Compliance Time

    UPS requested that we extend the proposed compliance time. The NPRM
(77 FR 15291, March 15, 2012) proposed a compliance time of ``within 30
months or 4,500 flight hours after the effective date of this AD,'' for
modifying the wiring in zone 675 of the right-hand wing. UPS stated
that extending the compliance time to ``within 40 months or 4,500
flight hours after the effective date of this AD,'' would allow it to
accomplish the required actions at its heavy maintenance facility
during C-check visits. UPS stated that the line maintenance environment
is not conducive to this type of work due to the required ground time,
labor, and other resources, which are available at its major
maintenance facility. UPS stated that its current maintenance program
is based on a 30-month C-check interval. UPS also stated that in order
to accommodate this modification at C-check in its major maintenance
facility, it will need an additional 10 months to allow for planning
and preparations, including developing engineering orders, prototyping,
obtaining necessary management and finance approvals, parts
acquisition, and parts lead-time.
    We do not agree to extend the compliance time specified in this
final rule. In developing an appropriate compliance time for this
action, we considered the urgency associated with the subject unsafe
condition, the manufacturer's recommendations, the availability of
required parts, and the practical aspect of accomplishing the required
modification within a period of time that corresponds to the normal
scheduled maintenance for most affected operators. Under the provisions
of paragraph (h)(1) of the final rule, we will consider requests for
approval of an extension of the compliance time if sufficient data are
submitted to substantiate that the new compliance time would provide an
acceptable level of safety. We have not changed the AD in this regard.

Conclusion

    We reviewed the available data, including the comment received, and
determined that air safety and the public interest require adopting the
AD as proposed.

Costs of Compliance

    We estimate that this AD will affect 132 products of U.S. registry.
We also estimate that it will take about 7 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Required parts will cost about $1,720 per
product. Where the service information lists required parts costs that
are covered under warranty, we have assumed that there will be no
charge for these parts. As we do not control warranty coverage for
affected parties, some parties may incur costs higher than estimated
here. Based on these figures, we estimate the cost of this AD to the
U.S. operators to be $305,580, or $2,315 per product.

Authority for This Rulemaking

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

Regulatory Findings

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

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains the NPRM (77 FR 15291, March 15,
2012), the regulatory evaluation, any comments received, and other
information. The street address for the Docket Operations office
(telephone<PHONE_NUMBER>) is in the ADDRESSES

section. Comments will be available in the AD docket shortly after
receipt.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2012-15-17 Airbus: Amendment 39-17147. Docket No. FAA-2012-0264;
Directorate Identifier 2011-NM-179-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective September
12, 2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Model A300 B4-603, B4-605R, and B4-
622R airplanes; Model A300 C4-605R Variant F airplanes; and Model
A300 F4-605R and F4-622R airplanes; certificated in any category;
all serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 92.

(e) Reason

    This AD was prompted by a report that chafing was detected
between the autopilot electrical wiring conduit and the wing bottom
skin. We are issuing this AD to prevent sparking due to electrical
chafing when flammable vapors are present in the area, which could
cause an uncontrollable fire.

(f) Compliance

    You are responsible for having the actions required by this AD
performed within the compliance times specified, unless the actions
have already been done.

(g) Modification

    Within 30 months or 4,500 flight hours after the effective date
of this AD, whichever occurs first: Modify the wiring in zone 675 of
the right-hand wing, in accordance with the Accomplishment
Instructions of Airbus Mandatory Service Bulletin A300-24-6109,
dated July 4, 2011.

(h) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it to ATTN: Dan Rodina,
Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-
3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Information may
be emailed to<EMAIL_ADDRESS>Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office. The
AMOC approval letter must specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

(i) Related Information

    Refer to MCAI European Aviation Safety Agency Airworthiness
Directive 2011-0161, dated August 26, 2011; and Airbus Mandatory
Service Bulletin A300-24-6109, dated July 4, 2011; for related
information.

(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the following service
information under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use the following service information to do the
actions required by this AD, unless the AD specifies otherwise.
    (i) Airbus Mandatory Service Bulletin A300-24-6109, dated July
4, 2011.
    (3) For service information identified in this AD, contact
Airbus SAS--EAW (Airworthiness Office), 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96;
fax +33 5 61 93 44 51; email<EMAIL_ADDRESS>
Internet http://www.airbus.com.
    (4) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.
    (5) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at an NARA facility, call<PHONE_NUMBER>, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on July 25, 2012.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-18884 Filed 8-7-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 71 (Thursday, April 13, 2023)]
[Notices]
[Pages 22493-22495]
[FR Doc No: 2023-07735]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-97267; File No. SR-NYSEARCA-2023-30]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of a Proposed Rule Change Amending the Rule
Governing the Listing and Trading of Shares of the Gabelli Equity
Income ETF

April 7, 2023.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on April 5, 2023, NYSE Arca, Inc. (``NYSE Arca'' or ``Exchange'') 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 Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to reflect a change in the name of the
Gabelli Equity Income ETF (the ``Fund'') and an updated description of
the investment strategy for the Fund, shares of which are currently
listed and traded on the Exchange pursuant to NYSE Arca Rule 8.900-E.
The proposed rule change is available on the Exchange's website at
www.nyse.com, at the principal office of the Exchange, and at the
Commission's Public Reference Room.

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

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

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

1. Purpose
    The purpose of this rule filing is to reflect a change to the name
of the Fund and an updated description of the Fund's investment
strategy. The Commission previously approved the listing and trading of
Shares of the Fund on the Exchange pursuant to NYSE Arca Rule 8.900-
E.\3\ NYSE Arca Rule 8.900-E governs the listing and trading of Managed
Portfolio Shares, which are securities issued by an actively managed
open-end investment management company.\4\ The Shares of the Fund are
issued by the Gabelli ETFs Trust (the ``Trust''), a statutory trust
organized under the laws of the State of Delaware and registered with
the Commission as an open-end management investment company.\5\
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    \3\ See Securities Exchange Act Release No. 89663 (August 25,
2020), 85 FR 53868 (August 31, 2020) (SR-NYSEArca-2020-48) (Order
Approving a Proposed Rule Change, as Modified by Amendment No. 1, To
List and Trade Shares of Gabelli ETFs Under Rule 8.900-E, Managed
Portfolio Shares) (the ``Approval Order'').
    \4\ See Securities Exchange Act Release No. 88648 (April 15,
2020), 85 FR 22200 (April 21, 2020). Rule 8.900-E(c)(1) provides
that the term ``Managed Portfolio Share'' means a security that (a)
represents an interest in an investment company (``Investment
Company'') registered under the Investment Company Act of 1940 (the
``1940 Act'') organized as an open-end management investment company
that invests in a portfolio of securities selected by the Investment
Company's investment adviser consistent with the Investment
Company's investment objectives and policies; (b) is issued in a
Creation Unit, or multiples thereof, in return for a designated
portfolio of instruments (and/or an amount of cash) with a value
equal to the next determined net asset value and delivered to the
Authorized Participant (as defined in the Investment Company's Form
N-1A filed with the Commission) through a Confidential Account; (c)
when aggregated into a Redemption Unit, or multiples thereof, may be
redeemed for a designated portfolio of instruments (and/or an amount
of cash) with a value equal to the next determined net asset value
delivered to the Confidential Account for the benefit of the
Authorized Participant; and (d) the portfolio holdings for which are
disclosed within at least 60 days following the end of every fiscal
quarter.
    \5\ The Trust is registered under the 1940 Act. The Commission
issued an order granting exemptive relief to the Trust (``Exemptive
Order'') under the 1940 Act on December 3, 2019 (Investment Company
Act Release No. 33708). The Exemptive Order was granted in response
to the Trust's application for exemptive relief (the ``Exemptive
Application'') (File No. 812-15036). The Trust has filed a
registration statement on Form N-1A under the Securities Act of 1933
(the ``1933 Act'') and the 1940 Act for the Fund (File No. 812-
15036) (``Registration Statement''). The Trust subsequently filed
Post-Effective Amendment No. 6 to the Registration Statement
reflecting the new name of the Fund and the updated description of
the Fund's investment strategy. See Post-Effective Amendment No. 6
to Registration Statement on Form N-1A for the Trust, dated March
11, 2023 (File Nos. 333-238109 and 811-23568). Investments made by
the Fund will comply with the conditions set forth in the Exemptive
Application and the Exemptive Order. See Approval Order, 85 FR at
53869 & n. 9. The description of the Fund and the changes to the
Fund proposed herein are based, in part, on information in the
Registration Statement, as amended. Shares of the Fund have been
listed and traded on the Exchange since January 4, 2023. The Adviser
(as defined in the Approval Order) represents that it will not
implement the changes described herein until the instant proposed
rule change is operative.
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    The Approval Order stated that the Fund's name would be the Gabelli
Equity Income ETF. The Exchange now proposes to update the name of the
Fund to the Gabelli Commercial Aerospace and Defense ETF, which name is
reflected in the Registration Statement and is consistent with the
updated description of the Fund discussed below.
    The Approval Order stated that the Fund seeks a high level of total
return on its assets with an emphasis on income and intends to invest
in income producing equity securities including U.S. exchange-listed
common stock and preferred stock. The Exchange proposes to update the
description of the Fund to provide that, as set forth in the
Registration Statement, the Fund will seek to achieve its investment
objective

by investing, under normal market conditions, at least 80% of its net
assets (including any assets purchased using borrowings for investment
purposes) in securities in the aerospace and defense sectors. According
to the Registration Statement, the Fund defines an ``aerospace and
defense'' company as a company that derives at least 50% of its
revenues from, or devotes 50% of its assets to, aerospace and/or
defense related activities. Aerospace companies include manufacturers,
assemblers and distributors of aircraft and aircraft parts; defense
companies include producers of components and equipment for the defense
industry, such as military aircraft, radar equipment and weapons.
    Except for the changes noted above, all other representations made
in the Exchange's previous rule filing to list and trade Shares of the
Fund remain unchanged and will continue to constitute continuing
listing requirements for the Fund. As set forth in the Approval Order,
the Fund's holdings will continue to conform to the permissible
investments as set forth in the Exemptive Application and Exemptive
Order, and the holdings will be consistent with the Registration
Statement and all requirements in the Exemptive Application and
Exemptive Order.\6\ The Fund will also continue to comply with the
requirements of Rule 8.900-E.
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    \6\ See note 3, supra.
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\7\ in general, and furthers the
objectives of Section 6(b)(5) of the Act,\8\ in particular, in that it
is designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to remove
impediments to and perfect the mechanism of a free and open market and
a national market system, and, in general, to protect investors and the
public interest.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes the proposed rule change is designed to
remove impediments to and perfect the mechanism of a free and open
market and, in general, to protect investors and the public interest
because it would reflect the change in the Fund's name and description,
as set forth in the Registration Statement. Specifically, the proposed
rule change would reflect a change in the Fund's name from the Gabelli
Equity Income ETF to the Gabelli Commercial Aerospace and Defense ETF
and reflect the Fund's updated strategy, through which the Fund will
seek to achieve its investment objectives by investing, under normal
market conditions, at least 80% of its net assets (including any assets
purchased using borrowings for investment purposes) in securities in
the aerospace and defense sectors. The proposed change is also designed
to remove impediments to and perfect the mechanism of a free and open
market, promote just and equitable principles of trade, and protect
investors and the public interest because the Fund's investments will
be consistent with the Registration Statement and continue to comply
with all conditions set forth in the Exemptive Application and
Exemptive Order. Except for the changes noted above, all other
representations made in the Exchange's original rule filing remain
unchanged and will continue to constitute continuing listing
requirements for the Fund.

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. As noted above, the proposed
rule change would reflect only a change in the name and description of
the Fund and would thus facilitate the continued listing and trading of
Shares of the Fund on the Exchange, thereby promoting competition among
various ETF products, to the benefit of investors and the marketplace.

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

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

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

    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)(iii) of the Act \9\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\10\
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    \9\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \10\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires the Exchange to give the Commission written notice of its
intent to file the proposed rule change, along with a brief
description and text of the proposed rule change, at least five
business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has satisfied this requirement.
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    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act normally does not become operative for 30 days after the date of
its filing. However, Rule 19b-4(f)(6)(iii) \11\ permits the Commission
to designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has
requested that the Commission waive the 30-day operative delay so that
the proposal may become operative immediately upon filing. The Exchange
asserts that waiver of the operative delay would be consistent with the
protection of investors and the public interest because it would
promptly reflect the updated name and description of the Fund and
facilitate the continued listing and trading of the shares of the Fund.
In addition, the Commission notes that all types and quantities of
proposed permitted investments are presently permitted. For these
reasons, and because the proposal raises no novel legal or regulatory
issues, the Commission believes that waiver of the 30-day operative
delay is consistent with the protection of investors and the public
interest. Accordingly, the Commission hereby waives the 30-day
operative delay and designates the proposed rule change operative upon
filing.\12\
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    \11\ 17 CFR 240.19b-4(f)(6)(iii).
    \12\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (https://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-NYSEARCA-2023-30 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEARCA-2023-30. 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 (https://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for website viewing and
printing in the Commission's Public Reference Room, 100 F Street NE,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change. Persons submitting
comments are cautioned that we do not redact or edit personal
identifying information from comment submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEARCA-2023-30 and should
be submitted on or before May 4, 2023.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12), (59).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-07735 Filed 4-12-23; 8:45 am]
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[Federal Register Volume 81, Number 32 (Thursday, February 18, 2016)]
[Notices]
[Pages 8206-8207]
[FR Doc No: 2016-03330]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-N-0021]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Substances Generally
Recognized as Safe: Notification Procedure

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing that a
proposed collection of information has been submitted to the Office of
Management and Budget (OMB) for review and clearance under the
Paperwork Reduction Act of 1995.

DATES: Fax written comments on the collection of information by March
21, 2016.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer,
FAX:<PHONE_NUMBER>, or emailed to<EMAIL_ADDRESS>All
comments should be identified with the OMB control number 0910-0495.
Also include the FDA docket number found in brackets in the heading of
this document.

FOR FURTHER INFORMATION CONTACT: FDA PRA Staff, Office of Operations,
Food and Drug Administration, 8455 Colesville Rd., COLE-14526, Silver
Spring, MD 20993-0002<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Substances Generally Recognized as Safe: Notification Procedure--21 CFR
170.36 and 570.36 (OMB Control Number 0910-0342)--Extension

    Section 409 of the Federal Food, Drug, and Cosmetic Act (FD&C Act)
(21 U.S.C. 348) establishes a premarket approval requirement for ``food
additives''; section 201(s) of the FD&C Act (21 U.S.C. 321(s)) provides
an exclusion to the definition of ``food additive'' and thus from the
premarket approval requirement, for uses of substances that are
generally recognized as safe (GRAS) by qualified experts. In the
Federal Register of April 17, 1997 (62 FR 18938) (the 1997 proposed
rule), we published a proposed rule that would establish a voluntary
procedure whereby manufacturers would notify us about a view of a
particular use (or uses) of a substance that is not subject to the
statutory premarket approval requirements based on a determination that
such use is GRAS. Under an interim policy announced in the proposed
rule, we invited manufacturers to submit notices of their independent
determinations for review under the framework of the proposed rule
during the period between issuance of the proposal and any final rule
based on the proposal. The proposed regulations (proposed 21 CFR 170.36
and 21 CFR 570.36) provide a standard format for the voluntary
submission of a notice.
    To assist respondents in submissions to our Center for Food Safety
and Applied Nutrition (CFSAN), we developed Form FDA 3667 entitled
``Generally Recognized as Safe (GRAS) Notice.'' The form, and elements
prepared as attachments to the form, may be submitted in electronic
format via the Electronic Submission Gateway (ESG), or may be submitted
in paper format, or as electronic files on physical media with paper
signature page. While we do not expect Form FDA 3667 to reduce
reporting time for respondents, use of the form helps to expedite our
review of the information being submitted. For submissions to our
Center for Veterinary Medicine (CVM), respondents may continue to send
GRAS notices in letter format to the Agency, as instructed in our
Federal Register notice of June 4, 2010 (75 FR 31800).
    Presently, we have committed to issuing a final rule regarding
``Substances Generally Recognized as Safe'' in 2016, as part of a
settlement agreement with the Center for Food Safety, which filed a
lawsuit in 2014 seeking to vacate our 1997 proposed rule.
    Description of Respondents: The respondents to this collection of
information are manufacturers of substances used in food and feed.
    In the Federal Register of September 17, 2015 (80 FR 55857), FDA
published a 60-day notice requesting public comment on the proposed
collection of information. We received a number of comments in support
of the information collection generally. We also received one comment
suggesting that the names, credentials, and affiliations of ``qualified
experts'' associated with GRAS determinations be included on the form.
We received a second comment suggesting that information submitted by
manufacturers be reviewed by independent scientists. We appreciate this
input. As discussed previously, rulemaking is underway that will
necessitate a revision to the information collection provisions
associated with our GRAS program and we continue to consider all
comments.
    We estimate the burden of this collection of information as
follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
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                                                                                Number of
              21 CFR Section                         Form No.\2\             Number of     responses per   Total annual   Average burden    Total hours
                                                                            respondents     respondent       responses     per response
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170.36 (CFSAN)............................  3667 \3\....................              40               1              40             150           6,000
570.36 (CVM)..............................  N/A.........................              20               1              20             150           3,000
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    Total.................................  ............................  ..............  ..............  ..............  ..............           9,000
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\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.
\2\ Only CFSAN uses Form FDA 3667.
\3\ Form FDA 3667 may be submitted electronically via the ESG.

                               Table 2--Estimated Annual Recordkeeping Burden \1\
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                                                     Number of                    Average burden
         21 CFR Section              Number of      records per    Total annual         per         Total hours
                                   recordkeepers   recordkeeper       records      recordkeeping
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170.36(c)(v) (CFSAN)............              40               1              40              15             600
570.36(c)(v) (CVM)..............              20               1              20              15             300
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    Total.......................  ..............  ..............  ..............  ..............             900
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\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    For purposes of this extension request, we are retaining our 2012
estimates. The PRA analysis for the GRAS final rule will take into
account any changes to the GRAS notification procedure as set forth in
the final rule and we will revise the collection accordingly.

    Dated: February 12, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-03330 Filed 2-17-16; 8:45 am]
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