[Federal Register Volume 82, Number 37 (Monday, February 27, 2017)]
[Rules and Regulations]
[Pages 11801-11803]
[FR Doc No: 2017-03739]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9510; Directorate Identifier 2016-NE-28-AD;
Amendment 39-18780; AD 2017-02-01]
RIN 2120-AA64

Airworthiness Directives; Rolls-Royce plc Turbofan Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Rolls-Royce plc (RR) Trent 1000-A, Trent 1000-C, Trent 1000-D, Trent
1000-E, Trent 1000-G, and Trent 1000-H turbofan engines. This AD
requires initial and repetitive inspections of affected high-pressure
turbine (HPT) blades for cracks. This AD was prompted by high engine
vibration due to HPT blade deterioration resulting in operational
disruptions. We are issuing this AD to correct the unsafe condition on
these products.

DATES: This AD becomes effective March 14, 2017.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of March 14,
2017.
    We must receive comments on this AD by April 13, 2017.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Mail: U.S. Department of Transportation, 1200 New Jersey
Avenue SE., West Building Ground Floor, Room W12-40, Washington, DC
20590-0001.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.
    For service information identified in this AD, contact Rolls-Royce
plc, Corporate Communications, P.O. Box 31, Derby, England, DE24 8BJ;
phone: 011-44-1332-242424; fax: 011-44-1332-249936; email: http://www.rolls-royce.com/contact/civil_team.jsp; Internet: https://customers.rolls-royce.com/public/rollsroycecare. You may view this
service information at the FAA, Engine & Propeller Directorate, 1200
District Avenue, Burlington, MA 01803. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>. It is also
available on the Internet at http://www.regulations.gov by searching
for and locating Docket No. FAA-2016-9510.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9510; 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 this AD, the mandatory continuing airworthiness information
(MCAI), regulatory evaluation, any comments received, and other
information. The address for the Docket Office (phone:<PHONE_NUMBER>) is
in the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Robert Green, Aerospace Engineer,
Engine Certification Office, FAA, Engine & Propeller Directorate, 1200
District Avenue, Burlington, MA 01803; phone:<PHONE_NUMBER>; fax: 781-
238-7199; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2016-9510; Directorate
Identifier 2016-NE-28-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD because of
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact
with FAA personnel concerning this AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
AD 2016-0215, dated October 27, 2016 (referred to hereinafter as ``the
MCAI''), to correct an unsafe condition for the specified products. The
MCAI states:

    Occurrences were reported involving high engine vibration
indication experienced during climb. Subsequent investigation of
affected engines identified damage to some high pressure turbine
(HPT) blades. These events have been attributed to cracks, which
originated at the tip of the leading edge, and at the mid-height
pressure surface, of the HPT blades. Investigation also determined
that HPT blades Part Number (P/N) FW63853 (corresponding to RR
Service Bulletin (SB) SB 72-G275 modification standard) are affected
by this phenomenon. Four occurrences have been reported within the
last two years.
    This condition, if not detected and corrected, could lead to
high vibration indication and commanded in-flight shut-down,
possibly resulting in reduced control of the aeroplane.

    You may obtain further information by examining the MCAI in the AD
docket on the Internet at http://www.regulations.gov by searching for
and locating Docket No. FAA-2016-9510.

Related Service Information Under 1 CFR Part 51

    RR has issued Non-Modification Service Bulletin (NMSB) Trent 1000
72-J039, Revision 3, dated October 14, 2016. The NMSB describes
procedures to conduct a borescope inspection for cracks on the leading
edge of the HPT blade. This service information is reasonably available
because the interested parties have access to it through their normal
course of business or by the means identified in the ADDRESSES section.

FAA's Determination and Requirements of This AD

    This product has been approved by the aviation authority of the
United Kingdom, and is approved for operation in the United States.
Pursuant to our bilateral agreement with the European Community, EASA
has notified us of the unsafe condition described in the MCAI and
service information referenced above. We are issuing this AD because we
evaluated all information provided by EASA and determined the unsafe
condition exists and is likely to exist or develop on other products of
the same type design. This AD requires initial and repetitive
inspections of affected HPT blades for cracks.

FAA's Determination of the Effective Date

    No domestic operators use this product. Therefore, we find that
notice and opportunity for prior public comment are unnecessary and
that good

cause exists for making this amendment effective in less than 30 days.

Costs of Compliance

    We estimate that this AD affects 0 engines installed on airplanes
of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per        Cost on U.S.
             Action                      Labor cost            Parts cost        product           operators
----------------------------------------------------------------------------------------------------------------
Inspection of the HPT blades....  1.5 work-hours x $85 per              $0             $127   $0 per inspection
                                   hour = $127 per
                                   inspection.
----------------------------------------------------------------------------------------------------------------

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 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 to the extent
that it justifies making a regulatory distinction, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2017-02-01 Rolls-Royce plc: Amendment 39-18780; Docket No. FAA-2016-
9510; Directorate Identifier 2016-NE-28-AD.

(a) Effective Date

    This AD is effective March 14, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Rolls-Royce plc (RR) Trent 1000-A, Trent
1000-C, Trent 1000-D, Trent 1000-E, Trent 1000-G, and Trent 1000-H
turbofan engines with high-pressure turbine (HPT) blades, part
number (P/N) FW63853, installed.

(d) Subject

    Joint Aircraft System Component (JASC) 7250, Turbine/Turboprop
Engine/Turbine Section.

(e) Reason

    This AD was prompted by high engine vibration due to HPT blade
deterioration resulting in operational disruptions. We are issuing
this AD to prevent HPT blade failure, loss of engine thrust control,
and reduced control of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.
    (1) Perform an initial inspection of each HPT blade before
exceeding the following, whichever occurs later:
    (i) 1,750 engine flight cycles (FCs) since new or 11,000 engine
flight hours (FHs) since new, whichever occurs first; or
    (ii) 30 days after the effective date of this AD.
    (2) Thereafter, perform repetitive inspections of the HPT blades
at intervals not to exceed 250 engine FCs or 1,125 engine FHs,
whichever occurs first.
    (3) Use the Accomplishment Instructions, paragraph 3, of RR Non-
Modification Service Bulletin (NMSB) Trent 1000 72-J039, Revision 3,
dated October 14, 2016, to perform the inspections.
    (4) If any crack is found during any inspection, follow the
applicable corrective action and reduced follow-on inspection
interval as defined in the Accomplishment Instructions, paragraph
3.A.(3), of RR NMSB Trent 1000 72-J039, Revision 3, dated October
14, 2016.

(g) Installation Prohibition

    After the effective date of this AD, do not install an HPT
blade, P/N FW63853, on any engine.

(h) Credit for Previous Actions

    You may take credit for inspections and corrective action that
are required by paragraph (f) of this AD, if you performed these
actions and corrective action before the effective date of this AD,
using RR NMSB Trent 1000 72-J039, Revision 2, or earlier versions.

(i) Alternative Methods of Compliance (AMOCs)

    The Manager, Engine Certification Office, FAA, may approve AMOCs
for this AD. Use the procedures found in 14 CFR 39.19 to make your
request. You may email your request to<EMAIL_ADDRESS>
(j) Related Information

    (1) For more information about this AD, contact Robert Green,
Aerospace Engineer, Engine Certification Office, FAA, Engine &
Propeller Directorate, 1200 District Avenue, Burlington, MA 01803;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (2) Refer to MCAI EASA AD 2016-0215, dated October 27, 2016, for
more information. You may examine the MCAI in the AD docket on the
Internet at http://www.regulations.gov by searching for and locating
it in Docket No. FAA-2016-9510.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Rolls-Royce plc (RR) Non-Modification Service Bulletin Trent
1000 72-J039, Revision 3, dated October 14, 2016.
    (ii) Reserved.
    (3) For RR service information identified in this AD, contact
Rolls-Royce plc, Corporate Communications, P.O. Box 31, Derby,
England, DE24 8BJ; phone: 011-44-1332-242424; fax: 011-44-1332-
249936; email: http://www.rolls-royce.com/contact/civil_team.jsp;
Internet: https://customers.rolls-royce.com/public/rollsroycecare.
    (4) You may view this service information at FAA, Engine &
Propeller Directorate, 1200 District Avenue, Burlington, MA 01803.
For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.
    (5) You may view this service information at the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call<PHONE_NUMBER>, or go to:
http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Burlington, Massachusetts, on January 11, 2017.
Colleen M. D'Alessandro,
Manager, Engine & Propeller Directorate, Aircraft Certification
Service.
[FR Doc. 2017-03739 Filed 2-24-17; 8:45 am]
BILLING CODE 4910-13-P


U.S. ENVIRONMENTAL PROTECTION AGENCY

Farm, Ranch, and Rural Communities

Committee (FRRCC)

MEETING AGENDA

June 22 – 23, 2011

Sheraton National Hotel

900 South Orme Street

Arlington, VA 22204

Galaxy Ballroom

Wednesday, June 22, 2011

8:00 am	REGISTRATION (Hotel)

8:30	Call to Order / Discussion of Meeting Agenda and Committee Process

Alicia Kaiser, FRRCC Designated Federal Officer

Dr. Steven Balling, FRRCC Chair

Lawrence Elworth, Agricultural Counselor to the Administrator, EPA

Mark Joyce, Associate Director, Office of Federal Advisory Committee Management and Outreach, EPA

Abby Dilley, FRRCC Facilitator

9:00	Stakeholder Panel

Andrew Sharpley, Professor, Division of Agriculture, University of Arkansas (20 min + 10 min Q&A)

Patricia Sinicropi, Director, Legislative Affairs, National Association of Clean Water Agencies (20 min + 10 min Q&A)

Tom Hebert, Bayard Ridge Group LLC (20 min + 10 min Q&A)

10:30		Charge to Discussion Groups

10:45	Discussion Group Breakout Session

12:15 pm	BREAK / Boxed lunches handed out

12:30	Plenary Working Lunch / Discussion Groups Report to Committee

1:30 		BREAK

1:45 		Stakeholder Panel

Hobey Bauhan, President, Virginia Poultry Federation (20 min + 10 min Q&A)

Michael Plumer, Consultant, Conservation Agriculture (20 min + 10 min Q&A)

Robert Bonnie, Senior Advisor to the Secretary for Environment and Climate, USDA (20 min + 10 min Q&A)

3:15		Discussion Group Breakout Session

5:30 		Public Comment Session

6:00		ADJOURN

Thursday, June 23, 2011

7:30 am	REGISTRATION (Hotel)

8:00	Call to Order / Discussion Groups Report to Committee

9:00	Charge to Discussion Groups

9:15	Discussion Group Breakout Session

10:45		BREAK

11:00	Discussion Groups Report Back to Committee

11:45		Plenary Discussion

Themes from this meeting

Goals for next meeting

Next steps

12:30 pm	Public Comment Session

1:00		ADJOURN

 PAGE


[Federal Register Volume 80, Number 67 (Wednesday, April 8, 2015)]
[Notices]
[Pages 18877-18881]
[FR Doc No: 2015-08022]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 31545; 812-14423]

Amplify Investments LLC and Amplify ETF Trust; Notice of
Application

April 1, 2015.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of an application for an order under section 6(c) of the
Investment Company Act of 1940 (``Act'') for an exemption from sections
2(a)(32), 5(a)(1), 22(d) and 22(e) of the Act and rule 22c-1 under the
Act, under sections 6(c) and 17(b) of the Act for an exemption from
sections 17(a)(1) and (a)(2) of the Act.

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    Applicants: Amplify Investments LLC (``Amplify Investments'') and
Amplify ETF Trust (the ``Trust'').
SUMMARY: Summary of Application: Applicants request an order that
permits: (a) Series of certain open-end management investment companies
to issue shares (``Shares'') redeemable in large aggregations only
(``Creation Units''); (b) secondary market transactions in Shares to
occur at negotiated market prices; (c) certain series to pay redemption
proceeds, under certain circumstances, more than seven days from the
tender of Shares for redemption; and (d) certain affiliated persons of
the series to deposit securities into, and receive securities from, the
series in connection with the purchase and redemption of Creation
Units.

DATES: Filing Dates: The application was filed on February 20, 2015.
    Hearing or Notification of Hearing: An order granting the requested
relief will be issued unless the Commission orders a hearing.
Interested persons may request a hearing by writing to the Commission's
Secretary and serving applicants with a copy of the request, personally
or by mail. Hearing requests should be received by the Commission by
5:30 p.m. on April 27, 2015, and should be accompanied by proof of
service on applicants, in the form of an affidavit or, for lawyers, a
certificate of service. Pursuant to rule 0-5 under the Act, hearing
requests should state the nature of the writer's interest, any facts
bearing upon the desirability of a hearing on the matter, the reason
for the request, and the issues contested. Persons who wish to be
notified of a hearing may request notification by writing to the
Commission's Secretary.

ADDRESSES: Brent J. Fields, Secretary, U.S. Securities and Exchange
Commission, 100 F Street NE., Washington, DC 20549-1090. Applicants,
3250 Lacey Road, Suite 130, Downers Grove, IL 60515.

FOR FURTHER INFORMATION CONTACT: Kaitlin C. Bottock, Attorney Adviser,
at<PHONE_NUMBER>, or Daniele Marchesani, Branch Chief, at (202) 551-
6821 (Division of Investment Management, Chief Counsel's Office).

SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application may be obtained via the
Commission's Web site by searching for the file number, or for an
applicant using the Company name box, at http://www.sec.gov/search/search.htm or by calling<PHONE_NUMBER>.

Applicants' Representations

    1. The Trust, a business trust organized under the laws of
Massachusetts, intends to register with the Commission as an open-end
management investment company. The applicants are requesting relief not
only for the Trust and its initial series, Amplify Tactical Equity Fund
(``Initial Fund''), but also with respect to future series of the
Trust, and to any registered open-end management investment companies
or series thereof that may be created in the future and that utilizes
active management investment strategies (``Future Funds'' and
collectively with the Initial Fund, the ``Funds'').\1\ Funds may invest
in equity securities or fixed income securities traded in the U.S. or
non-U.S. markets or a combination of equity and fixed income
securities, including ``to-be-announced transactions'' (``TBA
Transactions'') \2\ and depositary receipts (``Depositary
Receipts'').\3\ The securities, other assets, and other positions in
which a Fund invests are its ``Portfolio Positions.'' \4\ The Trust
currently expects that the Initial Fund's investment objective will be
to seek total return by investing, under normal market conditions, at
least 80% of its net assets in a portfolio of affiliated and
unaffiliated exchange-traded funds.
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    \1\ All entities that currently intend to rely on the requested
order are named as applicants and any Fund that currently intends to
rely on the requested order is identified in the application. Any
other entity that relies on the requested order in the future will
comply with the terms and conditions of the application.
    \2\ A TBA Transaction is a method of trading mortgage-backed
securities. In a TBA Transaction, the buyer and seller agree on
general trade parameters such as agency, settlement date, par amount
and price. The actual pools delivered generally are determined two
days prior to the settlement date.
    \3\ Depositary Receipts include American Depositary Receipts
(``ADRs'') and Global Depositary Receipts (``GDRs''). With respect
to ADRs, the depositary is typically a U.S. financial institution
and the underlying securities are issued by a foreign issuer. The
ADR is registered under the Securities Act of 1933 (``Securities
Act'') on Form F-6. ADR trades occur either on a national securities
exchange as defined in Section 2(a)(26) of the Act (``Listing
Exchange'') or off-exchange. Financial Industry Regulatory Authority
Rule 6620 requires all off-exchange transactions in ADRs to be
reported within 90 seconds and ADR trade reports to be disseminated
on a real-time basis. With respect to GDRs, the depositary may be a
foreign or a U.S. entity, and the underlying securities may have a
foreign or a U.S. issuer. All GDRs are sponsored and trade on a
foreign exchange. No affiliated persons of applicants, any Adviser
(as defined below), Fund Sub-Adviser (as defined below), or Fund
will serve as the depositary for any Depositary Receipts held by a
Fund. A Fund will not invest in any Depositary Receipts that the
Adviser (or, if applicable, the Fund Sub-Adviser) deems to be
illiquid or for which pricing information is not readily available.
    \4\ If a Fund invests in derivatives: (a) The Fund's board of
trustees periodically will review and approve (i) the Fund's use of
derivatives and (ii) how the Fund's investment adviser assesses and
manages risk with respect to the Fund's use of derivatives; and (b)
the Fund's disclosure of its use of derivatives in its offering
documents and periodic reports will be consistent with relevant
Commission and staff guidance.
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    2. Each Fund will (a) be advised by Amplify Investments or an
entity controlling, controlled by or under common control with Amplify
Investments (each such entity and any successor thereto, an
``Adviser'') \5\ and (b) comply with the terms and conditions stated in
the application. Amplify Investments is a Delaware limited liability
company and is registered as an investment adviser under section 203 of
the Investment Advisers Act of 1940 (the ``Advisers Act''). Any other
Adviser to a Fund will be registered under the Advisers Act. The
Adviser may retain sub-advisers (each, a ``Fund Sub-Adviser'') in
connection with the Funds; each Fund Sub-Adviser will be registered
under the Advisers Act or not subject to such registration.
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    \5\ For the purposes of the requested order, a ``successor'' is
limited to an entity or entities that result from a reorganization
into another jurisdiction or a change in the type of business
organization.
---------------------------------------------------------------------------

    3. The Trust will enter into a distribution agreement with one or
more distributors (``Distributor''). Each Distributor will be
registered under the Securities Exchange Act of 1934, as amended (the
``Exchange Act''), and will act as Distributor and principal
underwriter of the Funds. No Distributor will be affiliated with the
Listing Exchange. The Distributor of any Fund may be an ``affiliated
person'' or an affiliated person of an affiliated person of the Fund's
Adviser or Fund Sub-Adviser.
    4. Shares of each Fund will be purchased from the Trust only in
large aggregations of a specified number referred to as ``Creation
Units.'' Creation Units may be purchased through orders placed with the
Distributor by or through an ``Authorized Participant'' which is either
(a) a broker-dealer or other participant in the Continuous Net
Settlement (``CNS'') System of the National Securities Clearing
Corporation (``NSCC''), a clearing agency that is registered with the
Commission, or (b) a participant (``DTC Participant'') in the
Depository Trust Company (``DTC''), and which in either case has
executed a participant agreement with the Distributor with respect to
the creation and redemption of Creation Units. Purchases and
redemptions of the Funds' Creation Units will be processed either
through an enhanced clearing process available to DTC Participants that
are also participants in the CNS system of the NSCC (the ``NSCC
Process'') or through a manual clearing process that is available to
all DTC Participants (the ``DTC Process'').
    5. In order to keep costs low and permit each Fund to be as fully
invested as possible, Shares will be purchased and redeemed in Creation
Units and generally on an in-kind basis. Accordingly, except where the
purchase or redemption will include cash under the limited
circumstances specified below, purchasers will be required to purchase
Creation Units by making an in-kind deposit of specified instruments
(``Deposit Instruments''), and shareholders redeeming their Shares will
receive an in-kind transfer of specified instruments (``Redemption
Instruments'').\6\ On any given Business Day,\7\ the names and
quantities of the instruments that constitute the Deposit Instruments
and the names and quantities of the instruments that constitute the
Redemption Instruments will be identical, and these instruments may be
referred to, in the case of either a purchase or redemption, as the
``Creation Basket.'' In addition, the Creation Basket will correspond
pro rata to the positions in a Fund's portfolio (including cash
positions),\8\ except: (a) In the case of bonds, for minor differences
when it is impossible to break up bonds beyond certain minimum sizes
needed for transfer and settlement; (b) for minor differences when
rounding is necessary to eliminate fractional shares or lots that are
not tradeable round lots; \9\ or (c) TBA Transactions, short positions,
and other positions that cannot be transferred in kind \10\ will be
excluded from the Creation Basket.\11\ If there is a difference

between the net asset value (``NAV'') attributable to a Creation Unit
and the aggregate market value of the Creation Basket exchanged for the
Creation Unit, the party conveying instruments with the lower value
will also pay to the other an amount in cash equal to that difference
(the ``Balancing Amount'').
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    \6\ The Funds must comply with the federal securities laws in
accepting Deposit Instruments and satisfying redemptions with
Redemption Instruments, including that the Deposit Instruments and
Redemption Instruments are sold in transactions that would be exempt
from registration under the Securities Act. In accepting Deposit
Instruments and satisfying redemptions with Redemption Instruments
that are restricted securities eligible for resale pursuant to Rule
144A under the Securities Act, the Funds will comply with the
conditions of Rule 144A.
    \7\ Each Fund will sell and redeem Creation Units on any day the
Fund is open, including as required by section 22(e) of the Act
(each, a ``Business Day'').
    \8\ The portfolio used for this purpose will be the same
portfolio used to calculate the Fund's NAV for that Business Day.
    \9\ A tradeable round lot for a security will be the standard
unit of trading in that particular type of security in its primary
market.
    \10\ This includes instruments that can be transferred in kind
only with the consent of the original counterparty to the extent the
Fund does not intend to seek such consents.
    \11\ Because these instruments will be excluded from the
Creation Basket, their value will be reflected in the determination
of the Balancing Amount (defined below).
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    6. Purchases and redemptions of Creation Units may be made in whole
or in part on a cash basis, rather than in kind, solely under the
following circumstances: (a) To the extent there is a Balancing Amount,
as described above; (b) if, on a given Business Day, a Fund announces
before the open of trading that all purchases, all redemptions or all
purchases and redemptions on that day will be made entirely in cash;
(c) if, upon receiving a purchase or redemption order from an
Authorized Participant, a Fund determines to require the purchase or
redemption, as applicable, to be made entirely in cash; \12\ (d) if, on
a given Business Day, a Fund requires all Authorized Participants
purchasing or redeeming Shares on that day to deposit or receive (as
applicable) cash in lieu of some or all of the Deposit Instruments or
Redemption Instruments, respectively, solely because: (i) Such
instruments are not eligible for transfer through either the NSCC
Process or DTC Process; or (ii) in the case of Funds holding non-U.S.
investments (``Global Funds''), such instruments are not eligible for
trading due to local trading restrictions, local restrictions on
securities transfers or other similar circumstances; or (e) if a Fund
permits an Authorized Participant to deposit or receive (as applicable)
cash in lieu of some or all of the Deposit Instruments or Redemption
Instruments, respectively, solely because: (i) Such instruments are, in
the case of the purchase of a Creation Unit, not available in
sufficient quantity; (ii) such instruments are not eligible for trading
by an Authorized Participant or the investor on whose behalf the
Authorized Participant is acting; or (iii) a holder of Shares of a Fund
holding non-U.S. investments would be subject to unfavorable income tax
treatment if the holder receives redemption proceeds in kind.\13\
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    \12\ In determining whether a particular Fund will sell or
redeem Creation Units entirely on a cash or in-kind basis (whether
for a given day or a given order), the key consideration will be the
benefit that would accrue to the Fund and its investors. For
instance, in bond transactions, the Adviser may be able to obtain
better execution than Share purchasers because of the Adviser's
size, experience and potentially stronger relationships in the fixed
income markets. Purchases of Creation Units either on an all cash
basis or in kind are expected to be neutral to the Funds from a tax
perspective. In contrast, cash redemptions typically require selling
portfolio holdings, which may result in adverse tax consequences for
the remaining Fund shareholders that would not occur with an in-kind
redemption. As a result, tax considerations may warrant in-kind
redemptions.
    \13\ A ``custom order'' is any purchase or redemption of Shares
made in whole or in part on a cash basis in reliance on clause
(e)(i) or (e)(ii).
---------------------------------------------------------------------------

    7. Each Business Day, before the open of trading on the Listing
Exchange, each Fund will cause to be published through the NSCC the
names and quantities of the instruments comprising the Creation Basket,
as well as the estimated Balancing Amount (if any), for that day. The
published Creation Basket will apply until a new Creation Basket is
announced on the following Business Day, and there will be no intra-day
changes to the Creation Basket except to correct errors in the
published Creation Basket. The Listing Exchange or a major market data
vendor will disseminate every 15 seconds throughout the trading day an
amount representing the Fund's estimated NAV, which will be the value
of the Fund's Portfolio Positions, on a per Share basis.
    8. An investor purchasing or redeeming a Creation Unit will be
charged a fee (``Transaction Fee'') to protect continuing shareholders
of the Funds from the dilutive costs associated with the purchase and
redemption of Creation Units.\14\ The Distributor will deliver a
confirmation and Fund prospectus (``Prospectus'') to the purchaser. In
addition, the Distributor will maintain records of both the orders
placed with it and the confirmations of acceptance furnished by it.
---------------------------------------------------------------------------

    \14\ Where a Fund permits an in-kind purchaser to deposit cash
in lieu of depositing one or more Deposit Instruments, the purchaser
may be assessed a higher Transaction Fee to offset the cost to the
Fund of buying those particular Deposit Instruments. In all cases,
such Transaction Fees will be limited in accordance with
requirements of the Commission applicable to open-end management
investment companies offering redeemable securities.
---------------------------------------------------------------------------

    9. Beneficial owners of Shares may sell their Shares in the
secondary market. Shares will be listed on a Listing Exchange and
traded in the secondary market in the same manner as other equity
securities. Applicants state that one or more specialists or market
makers will be assigned to the Shares. The price of Shares trading on
the Listing Exchange will be based on a current bid/offer market.
Transactions involving the sale of Shares on the Listing Exchange will
be subject to customary brokerage commissions and charges.
    10. Applicants expect that purchasers of Creation Units will
include arbitrageurs and that Listing Exchange specialists or market
makers, acting in their unique role to provide a fair and orderly
secondary market for Shares, also may purchase Creation Units for use
in their own market making activities.\15\ Applicants expect that
secondary market purchasers of Shares will include both institutional
investors and retail investors.\16\ Applicants state that because the
market price of Creation Units will be disciplined by arbitrage
opportunities, investors should be able to sell Shares in the secondary
market at prices that do not vary materially from their NAV.
---------------------------------------------------------------------------

    \15\ If Shares are listed on The NASDAQ Stock Market LLC
(``Nasdaq'') or a similar electronic Stock Exchange (including NYSE
Arca), one or more member firms of that Stock Exchange will act as
Market Maker and maintain a market for Shares trading on that Stock
Exchange. On Nasdaq, no particular Market Maker would be
contractually obligated to make a market in Shares. However, the
listing requirements on Nasdaq, for example, stipulate that at least
two Market Makers must be registered in Shares to maintain a
listing. In addition, on Nasdaq and NYSE Arca, registered Market
Makers are required to make a continuous two-sided market or subject
themselves to regulatory sanctions. No Market Maker will be an
affiliated person, or an affiliated person of an affiliated person,
of the Funds, except within the meaning of section 2(a)(3)(A) or (C)
of the Act due solely to ownership of Shares as discussed below.
    \16\ Shares will be registered in book-entry form only. DTC or
its nominee will be the record or registered owner of all
outstanding Shares. DTC or DTC Participants will maintain records of
beneficial ownership of Shares.
---------------------------------------------------------------------------

    11. Neither the Trust nor any Fund will be advertised or marketed
as a conventional open-end investment company or mutual fund. Instead,
each Fund will be marketed as an ``actively-managed exchange-traded
fund.'' Any advertising material that describes the features of
obtaining, buying or selling Creation Units, or buying or selling
Shares on the Listing Exchange, or where there is reference to
redeemability, will prominently disclose that Shares are not
individually redeemable and that owners of Shares may acquire Shares
from a Fund and tender those Shares for redemption to a Fund in
Creation Units only.
    12. The Funds' Web site, which will be publicly available prior to
the public offering of Shares, will include, or will include links to,
each Fund's current Prospectus and Summary Prospectus (if any), which
may be downloaded. That Web site, which will be publicly available at
no charge, will also contain, on a per Share basis for each Fund, the
prior Business Day's NAV and the market closing price or the mid-point
of the bid/ask spread at the time of calculation of such NAV (the
``Bid/Ask Price''), and a calculation of the premium or discount of the
market

closing price or Bid/Ask Price against such NAV. On each Business Day,
before commencement of trading in Shares on the Listing Exchange, each
Fund will also disclose on its Web site the identities and quantities
of its Portfolio Positions held by the Fund that will form the basis
for the Fund's calculation of NAV at the end of the Business Day.\17\
---------------------------------------------------------------------------

    \17\ Under accounting procedures followed by the Funds, trades
made on the prior Business Day (``T'') will be booked and reflected
in NAV on the current Business Day (``T+1''). Accordingly, the Funds
will be able to disclose at the beginning of the Business Day the
portfolio that will form the basis for the NAV calculation at the
end of the Business Day.
---------------------------------------------------------------------------

Applicants' Legal Analysis

    1. Applicants request an order under section 6(c) of the Act for an
exemption from sections 2(a)(32), 5(a)(1), 22(d) and 22(e) of the Act
and rule 22c-1 under the Act, and under sections 6(c) and 17(b) of the
Act for an exemption from sections 17(a)(1) and (a)(2) of the Act.
    2. Section 6(c) of the Act provides that the Commission may exempt
any person, security or transaction, or any class of persons,
securities or transactions, from any provision of the Act, if and to
the extent that such exemption is necessary or appropriate in the
public interest and consistent with the protection of investors and the
purposes fairly intended by the policy and provisions of the Act.
Section 17(b) of the Act authorizes the Commission to exempt a proposed
transaction from section 17(a) of the Act if evidence establishes that
the terms of the proposed transaction, including the consideration to
be paid or received, are reasonable and fair and do not involve
overreaching on the part of any person concerned, and the proposed
transaction is consistent with the policies of the registered
investment company and the general provisions of the Act.

Sections 5(a)(1) and 2(a)(32) of the Act

    3. Section 5(a)(1) of the Act defines an ``open-end company'' as a
management investment company that is offering for sale or has
outstanding any redeemable security of which it is the issuer. Section
2(a)(32) of the Act defines a redeemable security as any security,
other than short-term paper, under the terms of which the holder, upon
its presentation to the issuer, is entitled to receive approximately a
proportionate share of the issuer's current net assets, or the cash
equivalent. Applicants request an order to permit the Trust to register
as an open-end management investment company and redeem Shares in
Creation Units only. Applicants state that each investor is entitled to
purchase or redeem Creation Units rather than trade the individual
Shares in the secondary market. Applicants further state that because
of the arbitrage possibilities created by the redeemability of Creation
Units, it is expected that the market price of an individual Share will
not vary materially from its NAV.

Section 22(d) of the Act and Rule 22c-1 Under the Act

    4. Section 22(d) of the Act, among other things, prohibits a dealer
from selling a redeemable security, which is currently being offered to
the public by or through a principal underwriter, except at a current
public offering price described in the prospectus. Rule 22c-1 under the
Act generally requires that a dealer selling, redeeming, or
repurchasing a redeemable security do so only at a price based on its
NAV. Applicants state that secondary market trading in Shares will take
place at negotiated prices, rather than at the current offering price
described in the Fund's Prospectus. Thus, purchases and sales of Shares
in the secondary market will not comply with section 22(d) of the Act
and rule 22c-1 under the Act. Applicants request an exemption under
section 6(c) from these provisions.
    5. Applicants assert that the concerns sought to be addressed by
section 22(d) of the Act and rule 22c-1 under the Act with respect to
pricing are equally satisfied by the proposed method of pricing Shares.
Applicants maintain that while there is little legislative history
regarding section 22(d), its provisions, as well as those of rule 22c-
1, appear to have been intended (a) to prevent dilution caused by
certain riskless-trading schemes by principal underwriters and contract
dealers, (b) to prevent unjust discrimination or preferential treatment
among buyers, and (c) to ensure an orderly distribution of shares by
eliminating price competition from brokers offering shares at less than
the published sales price and repurchasing shares at more than the
published redemption price.
    6. Applicants state that (a) secondary market transactions in
Shares would not cause dilution for owners of such Shares because such
transactions do not involve the Trust or Funds as parties, and (b) to
the extent different prices exist during a given trading day, or from
day to day, such variances occur as a result of third-party market
forces, such as supply and demand. Therefore, applicants assert that
secondary market transactions in Shares will not lead to discrimination
or preferential treatment among purchasers. Finally, applicants contend
that the proposed distribution system will be orderly because arbitrage
activity will ensure that the difference between the market price of
Shares and their NAV remains immaterial.

Section 22(e)

    7. Section 22(e) of the Act generally prohibits a registered
investment company from suspending the right of redemption or
postponing the date of payment of redemption proceeds for more than
seven days after the tender of a security for redemption. Applicants
observe that the settlement of redemptions of Creation Units of Global
Funds will be contingent not only on the settlement cycle of the U.S.
securities markets but also on the delivery cycles in foreign markets
in which those Funds invest. Applicants assert that, under certain
circumstances, the delivery cycles for transferring Portfolio Positions
to redeeming investors, coupled with local market holiday schedules,
may require a delivery process of up to 15 calendar days. Applicants
therefore request relief from section 22(e) in order for each Global
Fund to provide payment or satisfaction of redemptions within the
maximum number of calendar days required for such payment or
satisfaction in the principal local market(s) where transactions in its
Portfolio Positions customarily clear and settle, but in any event,
within a period not to exceed fifteen calendar days.\18\
---------------------------------------------------------------------------

    \18\ Applicants acknowledge that no relief obtained from the
requirements of section 22(e) will affect any obligations that they
may otherwise have under rule 15c6-1 under the Exchange Act, which
requires that most securities transactions be settled within three
business days of the trade date.
---------------------------------------------------------------------------

    8. Applicants submit that Congress adopted section 22(e) to prevent
unreasonable, undisclosed or unforeseen delays in the actual payment of
redemption proceeds. Applicants state that allowing redemption payments
for Creation Units of a Global Fund to be made within 15 calendar days
would not be inconsistent with the spirit and intent of section
22(e).\19\ Applicants state that each Global Fund's statement of
additional information (``SAI'') will disclose those local holidays
(over the period of at least one year following the date of the SAI),
if any, that are expected to prevent the delivery of redemption
proceeds in seven calendar days and the maximum number of days, up to
15 calendar days, needed to deliver the proceeds for that Global Fund.
Applicants are not seeking

relief from section 22(e) with respect to Global Funds that do not
effect redemptions of Creation Units in kind.
---------------------------------------------------------------------------

    \19\ Certain countries in which a Global Fund may invest have
historically had settlement periods of up to 15 calendar days.
---------------------------------------------------------------------------

Sections 17(a)(1) and (2) of the Act

    9. Section 17(a)(1) and (2) of the Act generally prohibit an
affiliated person of a registered investment company, or an affiliated
person of such a person (``second tier affiliate''), from selling any
security to or purchasing any security from the company. Section
2(a)(3) of the Act defines ``affiliated person'' to include any person
directly or indirectly owning, controlling, or holding with power to
vote 5% or more of the outstanding voting securities of the other
person and any person directly or indirectly controlling, controlled
by, or under common control with, the other person. Section 2(a)(9) of
the Act defines ``control'' of a fund as ``the power to exercise a
controlling influence over the management or policies'' of the fund and
provides that a control relationship will be presumed where one person
owns more than 25% of another person's voting securities. The Funds may
be deemed to be controlled by an Adviser and hence affiliated persons
of each other. In addition, the Funds may be deemed to be under common
control with any other registered investment company (or series
thereof) advised by an Adviser (an ``Affiliated Fund'').
    10. Applicants request an exemption from section 17(a) under
sections 6(c) and 17(b) to permit in-kind purchases and redemptions of
Creation Units from the Funds by persons that are affiliated persons or
second tier affiliates of the Funds solely by virtue of one or more of
the following: (a) Holding 5% or more, or more than 25%, of the
outstanding Shares of one or more Funds; (b) an affiliation with a
person with an ownership interest described in (a); or (c) holding 5%
or more, or more than 25%, of the shares of one or more Affiliated
Funds.
    11. Applicants assert that no useful purpose would be served by
prohibiting the affiliated persons described above from making in-kind
purchases or in-kind redemptions of Shares of a Fund in Creation Units.
Both the deposit procedures for in-kind purchases of Creation Units and
the redemption procedures for in-kind redemptions will be effected in
exactly the same manner for all purchases and redemptions. The
valuation of the Deposit Instruments and Redemption Instruments will be
made in the same manner, and in the same manner as the Fund's Portfolio
Positions, regardless of the identity of the purchaser or redeemer.
Except with respect to cash determined in accordance with the
procedures described in section I.G.1. of the application, Deposit
Instruments and Redemption Instruments will be the same for all
purchasers and redeemers. Therefore, applicants state that the in-kind
purchases and redemptions will afford no opportunity for the specified
affiliated persons of a Fund to effect a transaction detrimental to
other holders of Shares of that Fund. Applicants do not believe that
in-kind purchases and redemptions will result in abusive self-dealing
or overreaching of the Fund.

Applicant's Conditions

    Applicants agree that any order of the Commission granting the
requested relief will be subject to the following conditions:
    1. As long as the Funds operate in reliance on the requested order,
the Shares of the Funds will be listed on a Listing Exchange.
    2. Neither the Trust nor any Fund will be advertised or marketed as
an open-end investment company or a mutual fund. Any advertising
material that describes the purchase or sale of Creation Units or
refers to redeemability will prominently disclose that the Shares are
not individually redeemable and that owners of the Shares may acquire
those Shares from the Fund and tender those Shares for redemption to
the Fund in Creation Units only.
    3. The Web site for the Funds, which is and will be publicly
accessible at no charge, will contain on a per Share basis, for each
Fund, the prior Business Day's NAV and the market closing price or Bid/
Ask Price, and a calculation of the premium or discount of the market
closing price or Bid/Ask Price against such NAV.
    4. On each Business Day, before commencement of trading in Shares
on the Listing Exchange, the Fund will disclose on its Web site the
identities and quantities of the Portfolio Positions held by the Fund
that will form the basis for the Fund's calculation of NAV at the end
of the Business Day.
    5. The Adviser or any Fund Sub-Adviser, directly or indirectly,
will not cause any Authorized Participant (or any investor on whose
behalf an Authorized Participant may transact with the Fund) to acquire
any Deposit Instrument for the Fund through a transaction in which the
Fund could not engage directly.
    6. The requested relief to permit ETF operations will expire on the
effective date of any Commission rule under the 1940 Act that provides
relief permitting the operation of actively managed exchange-traded
funds.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Brent J. Fields,
Secretary.
[FR Doc. 2015-08022 Filed 4-7-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 117 (Tuesday, June 18, 2019)]
[Notices]
[Pages 28316-28317]
[FR Doc No: 2019-12858]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4435-DR; Docket ID FEMA-2019-0001]

Missouri; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Missouri (FEMA-4435-DR), dated May 20, 2019,
and related determinations.

DATES: The declaration was issued May 20, 2019.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated May 20, 2019, the President issued a major disaster declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''), as follows:

    I have determined that the damage in certain areas of the State
of Missouri resulting from severe storms, straight-line winds, and
flooding during the period of March 11 to April 16, 2019, is of
sufficient severity and magnitude to warrant a major disaster
declaration under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''). Therefore, I declare that such a major disaster exists in
the State of Missouri.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Public Assistance in the
designated areas and Hazard Mitigation throughout the State.
Consistent with the requirement that Federal assistance be
supplemental, any Federal funds provided under the Stafford Act for
Hazard Mitigation will be limited to 75 percent of the total
eligible costs. Federal funds provided under the Stafford Act for

Public Assistance also will be limited to 75 percent of the total
eligible costs, with the exception of projects that meet the
eligibility criteria for a higher Federal cost-sharing percentage
under the Public Assistance Alternative Procedures Pilot Program for
Debris Removal implemented pursuant to section 428 of the Stafford
Act.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Seamus K. Leary, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas of the State of Missouri have been designated
as adversely affected by this major disaster:

    Andrew, Atchison, Buchanan, Carroll, Chariton, Holt,
Mississippi, New Madrid, Pemiscot, Perry, Platte, Ray, and Ste.
Genevieve Counties for Public Assistance.
    All areas within the State of Missouri are eligible for
assistance under the Hazard Mitigation Grant Program.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Pete Gaynor,
Acting Administrator, Federal Emergency Management Agency.
[FR Doc. 2019-12858 Filed 6-17-19; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 82, Number 66 (Friday, April 7, 2017)]
[Rules and Regulations]
[Pages 16899-16900]
[FR Doc No: 2017-06762]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2015-0581; Airspace Docket No. 15-ASO-4]

Establishment of Class E Airspace; Louisville, GA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action establishes Class E airspace at Louisville, GA, to
accommodate new Area Navigation (RNAV) Global Positioning System (GPS)
Standard Instrument Approach

Procedures (SIAPs) serving Louisville Municipal Airport. Controlled
airspace is necessary for the safety and management of instrument
flight rules (IFR) operations at the airport.

DATES: Effective 0901 UTC, June 22, 2017. The Director of the Federal
Register approves this incorporation by reference action under title 1,
Code of Federal Regulations, part 51, subject to the annual revision of
FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11A, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone:<PHONE_NUMBER>.
The Order is also available for inspection at the National Archives and
Records Administration (NARA). For information on the availability of
FAA Order 7400.11A at NARA, call<PHONE_NUMBER>, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, P.O.
Box 20636, Atlanta, Georgia 30320; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

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

History

    On December 12, 2016, the FAA published in the Federal Register a
notice of proposed rulemaking (NPRM) to establish Class E airspace
extending upward from 700 feet above the surface at Louisville, GA, (81
FR 89401) Docket No. FAA-2015-0581, providing the controlled airspace
required to support the new RNAV (GPS) standard instrument approach
procedures for Louisville Municipal Airport. Interested parties were
invited to participate in this rulemaking effort by submitting written
comments on the proposal to the FAA. No comments were received.
    Class E airspace designations are published in Paragraph 6005 of
FAA Order 7400.11A dated August 3, 2016, and effective September 15,
2016, which is incorporated by reference in 14 CFR part 71.1. The Class
E airspace designations listed in this document will be published
subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11A, Airspace Designations and
Reporting Points, dated August 3, 2016, and effective September 15,
2016. FAA Order 7400.11A is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11A lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR)
part 71 establishes Class E Airspace at Louisville Municipal Airport,
Louisville, GA. Controlled airspace extending upward from 700 feet
above the surface within a 6.8-mile radius of the airport is
established for IFR operations.

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 so minimal. Since this is a routine matter that
only affects air traffic procedures and air navigation, it is certified
that this rule, when promulgated, does not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

Environmental Review

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

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

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

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

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

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

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR part 71.1 of FAA Order
7400.11A, Airspace Designations and Reporting Points, dated August 3,
2016, effective September 15, 2016, is amended as follows:

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

* * * * *

ASO GA E5 Louisville, GA [New]

Louisville Municipal Airport, GA
    (Lat. 32[deg]59'09''N., long. 82[deg]23'05''W.)

    That airspace extending upward from 700 feet above the surface
within a 6.8-mile radius of Louisville Municipal Airport.

    Issued in College Park, Georgia, on March 27, 2017.

Joey L. Medders,
Acting Manager, Operations Support Group, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2017-06762 Filed 4-6-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 1 (Monday, January 3, 2022)]
[Notices]
[Pages 89-92]
[FR Doc No: 2021-28386]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

Statement of Organization, Functions, and Delegations of
Authority

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration's (FDA), Center for Biologics
Evaluation and Research (CBER), Center for Drug Evaluation and Research
(CDER), Center for Devices and Radiological Health (CDRH), and Center
for Tobacco Products (CTP) have modified their organizational
structures. These new organizational structures were approved by the
Deputy Secretary of Health and Human Services and effective on November
24, 2021.

FOR FURTHER INFORMATION CONTACT: Yashika Rahaman, Director, Office of
Planning, Evaluation and Risk Management, Office of Finance, Budget,
Acquisitions and Planning, FDA, 4041 Powder Mill Road, Beltsville, MD
20705-4304,<PHONE_NUMBER>.

I. Introduction

    Part D, Chapter D-B, (Food and Drug Administration), the Statement
of Organization, Functions and Delegations of Authority for the
Department of Health and Human Services (35 FR 3685, February 25, 1970,
60 FR 56606, November 9, 1995, 64 FR 36361, July 6, 1999, 72 FR 50112,
August 30, 2007, 74 FR 41713, August 18, 2009, 76 FR 45270, July 28,
2011, and 84 FR 22854, May 20, 2019) is revised to reflect the Food and
Drug Administration's reorganizations of CBER, CDER's Office of Medical
Policy (OMP), Office of Prescription Drug Promotion (OPDP), CDRH's
Office of Product Evaluation and Quality, and CTP's Office of
Compliance and Enforcement and Office of Science.
    This reorganization will help to enhance these organization's
ability to advance FDA's mission and streamline operations and support
functions.
    The Center for Biologics Evaluation and Research's organizational
changes in the Office of the Center Director (OD), the Office of
Management, and the Office of Communications, Outreach, and Development
refocus functions that support CBER's product offices to better support
the expected growth in those offices. The OD's functions are
streamlined into those that require intensive engagement from the
Center Director and have no other natural home. Several
responsibilities are realigned or consolidated to leverage synergies
with other functions. Harnessing the power of real-world evidence is a
priority in the FDA Priority Framework, the 21st Century Cures Act, and
the PDUFA commitment letter. The changes proposed to CBER's Office of
Biostatistics and Epidemiology (OBE) position the center to advance
real-world evidence priorities for biologics.
    The 21st Century Cures Act established the Regenerative Medicine
Advanced Therapy (RMAT) designation program, in Office of Tissues and
Advanced Therapies (OTAT), and called on FDA to work to advance
standards development for regenerative medicine products in order to
support the development, evaluation, and review of regenerative
medicine products. The RMAT program has generated tremendous industry
interest, and CBER has granted 129 RMAT designations since program
inception in December 2016.
    One of FDA's key priorities is leveraging innovation to advance
public health goals by continually improving the product development
process and strengthening FDA's gold standard. CBER's portfolio of
products is currently seeing an unprecedented level of innovation and
growth. These innovations range from the development of new pathogen
inactivation technology that has the potential to drastically improve
how FDA promotes blood safety, the explosion in submissions for gene
therapies that have the potential to transform patients' lives,
innovations in approaches to managing serious food allergies, and
advances in manufacturing technology for vaccines. The changes proposed
in two of CBER's product offices: OTAT and the Office of Blood Research
and Review (OBRR) along with the crosscutting functions in OBE and
Office of Compliance and Biologics Quality are intended to ensure
CBER's regulatory structures and processes are prepared to respond to
innovation and development in the industry while upholding FDA's
standards for safety and effectiveness for biological products.
Establishing the Office of Regulatory Operations will help CBER support
continued efficiency and effectiveness in CBER's regulatory processes
and provide strategic direction as the Center works to modernize its
supporting information technology (IT) infrastructure.
    The Center for Drug Evaluation and Research's OMP, Office of
Prescription

Drug Promotion (OPDP) establishes the Division of Promotion Policy,
Research, and Operations (DPPRO). This reorganization is critical to
the FDA's ability to foster efficient oversight and development of
national prescription drug promotion policy to enhance the
dissemination and communication of high-quality drug information to
healthcare professionals, patients, and consumers. The reorganization
will also provide enhanced support, oversight, and direction to the
OPDP's social science research program. This program is critical in
helping shape the direction of OPDP's new and evolving policy
initiatives through research studies designed to evaluate the impact of
health communication and prescription drug promotion directed toward
healthcare professionals and consumers. The reorganization will provide
additional support and increased focus on the regulatory counsel
functions necessary to develop sound and legally supportable policy
documents and surveillance activities, particularly given First
Amendment jurisprudence developments over the last few years. The
reorganization will also provide enhanced operational support to all
OPDP functions, including policy development and clearance, the
multimillion-dollar research program, advisory comments to industry,
compliance actions, and internal FDA review of approved labeling other
activities.
    The Center for Devices and Radiological Health's Office of Product
Evaluation and Quality's (OPEQ) retitles the Office of In Vitro
Diagnostics and Radiological Health (OIR) as the Office of Health
Technology VII (OHT VII) and establish an Office of Health Technology
VIII (OHT VIII) allowing the two offices to have greater focus on In
Vitro Diagnostics (OHT VII) and Mammography and Radiological Health
(OHT VIII). The OHT VII structure will mirror the former OIR with the
exception of abolishing two divisions (Division of Radiological Health
and Division of Mammography Quality Standards). OHT VII will be solely
focused on in vitro diagnostics with responsibility for regulating
laboratory and in-home diagnostic tests. In vitro diagnostic devices
allow for tests to be completed using blood or tissue from the human
body. The results of these tests are used to identify diseases and
other conditions. The devices allow for individuals to monitor their
health, and they help to treat, cure, and prevent diseases. Personnel
utilizing the precision medicine approach utilize in vitro diagnostic
devices in order to help identify individuals who can improve their
health by undergoing specific therapies or treatments. The Mammography
Quality Standards program will move in tact with its entire
appropriated and User Fee budget to the OHT VIII and will continue to
serve as the national focal point for the implementation of the
Mammography Quality Standards Act.
    The Center for Tobacco Products' Office of Compliance and
Enforcement (OCE) establishes the Division of External Programs and
Resource Management (DEPRM) and establishes the Division of Product
Compliance (DPC). The CTP's Office of Science (OS) establishes the
Division of Research and Knowledge Integration (DRKI). These
reorganizations are critical to the FDA's ability to better utilize its
resources in an efficient and effective way to meet its mission of
promoting and protecting the public health by ensuring industry
compliance with the requirements of the law and respond to public
health emergencies. The reorganizations will also result in increased
support of requirements of the Family Smoking Prevention and Tobacco
Control Act.
    The Food and Drug Administration's, Center for Biologics Evaluation
and Research, Center for Drug Evaluation and Research's Office of
Medical Policy, the Center for Devices and Radiological Health's Office
of Product Evaluation and Quality, and the Center for Tobacco Products'
Office of Compliance and Enforcement and Office of Science has been
restructured as follows:
    DCB. Organization. The Center for Biologics Evaluation and Research
is headed by the Center Director, Center for Biologics Evaluation and
Research.

Center for Biologics Evaluation and Research (DCB)

Office of the Center Director (DCBA)
Executive Operations Staff (DCBA1)
Regulations and Policy Staff (DCBA3)
Policy Staff (DCBA7)
Science Staff (DCBA8)
Office of Management (DCBB)
Division of Program Services (DCBBB)
Program Services Branch (DCBBB1)
Safety and Services Branch (DCBBB4)
Division of Scientific Advisors and Consultants (DCBBC)
Division of Veterinary Services (DCBBD)
Division of Management Planning and Analysis (DCBBE)
Capacity Planning and Management Analysis Branch (DCBBE1)
Planning, Performance, and Formulation Branch (DCBBE2)
Division of Acquisitions and Budget Resources (DCBBF)
Acquisition Management Branch (DCBBF1)
Budget Planning and Execution Branch (DCBBF2)
Division of Human Capital (DCBBG)
Management Services Branch (DCBBG1)
Workforce Management Branch (DCBBG2)
Office of Compliance and Biologics Quality (DCBC)
Division of Case Management (DCBCA)
Blood and Tissue Compliance Branch (DCBCA1)
Advertising and Promotional Labeling Branch (DCBCA2)
Biological Drug and Device Compliance Branch (DCBCA3)
Division of Inspections and Surveillance (DCBCB)
Program Surveillance Branch (DCBCB1)
Bioresearch Monitoring Branch (DCBCB2)
Division of Manufacturing and Product Quality (DCBCC)
Product Release Branch (DCBCC1)
Manufacturing Review Branch 1 (DCBCC2)
Manufacturing Review Branch 2 (DCBCC3)
Applications Review Branch (DCBCC4)
Manufacturing Review Branch 3 (DCBCC5)
Division of Biological Standards and Quality Control (DCBCD)
Laboratory of Analytical Chemistry and Blood Related Products (DCBCD1)
Quality Assurance Branch (DCBCD2)
Laboratory of Microbiology, In-vivo Testing and Standards (DCBCD3)
Laboratory of Analytical Chemistry Branch (DCBCD4)
Laboratory of Biochemistry, Virology, and Immunochemistry Branch
(DCBCD5)
Laboratory of Blood Related Products Branch (DCBCD6)
Office of Biostatistics and Pharmacovigilance (DCBD)
CBER Surveillance Program Staff (DCBD1)
ABRA Staff (DCBD2)
Division of Biostatistics (DCBDA)
Vaccines Evaluation Branch (DCBDA1)
Therapeutics Evaluation Branch 1 (DCBDA2)
Device and Non-Clinical Evaluation Branch (DCBDA3)
Therapeutics Evaluation Branch 2 (DCBDA4)
Division of Pharmacovigilance (DCBDB)
Pharmacovigilance Branch 1 (DCBDB1)
Pharmacovigilance Branch 2 (DCBDB2)
Pharmacovigilance Branch 3 (DCBDB3)
Office of Blood Research and Review (DCBE)
Administrative Staff (DCBE1)
Division of Emerging and Transfusion Transmitted Diseases (DCBEA)
Laboratory of Molecular Virology (DCBEA1)
Laboratory of Parasitic and Emerging Pathogens (DCBEA2)

Product Review Branch (DCBEA4)
Division of Blood Components and Devices (DCBEB)
Devices Review Branch (DCBEB2)
Laboratory of Biochemistry and Vascular Biology (DCBEB5)
Laboratory of Cellular Hematology and Vascular Biology Branch (DCBEB6)
Division of Clinical and Regulatory Review (DCBEC)
Clinical Review Branch (DCBEC1)
Blood and Plasma Review Branch (DCBEC2)
Regulatory Project Management Branch (DCBEC3)
Office of Vaccine Research and Review (DCBF)
Program Operations Staff (DCBF1)
Division of Bacterial, Parasitic, and Allergenic Products (DCBFA)
Laboratory of Immunobiochemistry (DCBFA1)
Laboratory of Respiratory and Special Pathogens (DCBFA2)
Laboratory of Bacterial Polysaccharides (DCBFA3)
Laboratory of Mucosal Pathogens and Cellular Immunology (DCBFA4)
Division of Viral Products (DCBFB)
Laboratory of Pediatric and Respiratory Viral Diseases (DCBFB1)
Laboratory of Hepatitis Viruses (DCBFB2)
Laboratory of Retroviruses (DCBFB3)
Laboratory of DNA Viruses (DCBFB4)
Laboratory of Vector Borne Diseases (DCBFB5)
Laboratory of Method Development (DCBFB6)
Laboratory of Immunoregulation (DCBFB7)
Division of Vaccines and Related Products Applications (DCBFC)
CMC Review Branch 1 (DCBFC1)
CMC Review Branch 2 (DCBFC2)
CMC Review Branch 3 (DCBFC3)
Clinical Review Branch 1 (DCBFC4)
Clinical Review Branch 2 (DCBFC5)
Review Management Support Branch (DCBFC6)
Office of Tissues and Advanced Therapies (DCBG)
Division of Cellular and Gene Therapies (DCBGA)
Cellular Therapies Branch (DCBGA1)
Gene Therapies Branch 1 (DCBGA2)
Gene Transfer and Immunogenicity Branch (DCBGA3)
Tumor Vaccine and Biotechnology Branch (DCBGA4)
Cellular and Tissue Therapy Branch (DCBGA5)
Gene Therapies Branch 2 (DCBGA6)
Tissue Engineering Branch (DCBGA7)
Division of Clinical Evaluation and Pharmacological/Toxicology (DCBGB)
General Medicine Branch 1 (DCBGB1)
Pharmacology/Toxicology Branch 1 (DCBGB2)
Oncology Branch (DCBGB3)
General Medicine Branch 2 (DCBGB4)
Pharmacology/Toxicology Branch 2 (DCBGB5)
Malignant Hematology Branch (DCBGB6)
General Medicine Branch 3 (DCBGB7)
Benign Hematology Branch (DCBGB8)
Division of Human Tissues (DCBGC)
Division of Plasma Protein Therapeutics (DCBGD)
Hemostasis Branch (DCBGD1)
Plasma Derivatives Branch (DCBGD2)
Division of Regulatory Project Management (DCBGE)
Regulatory Project Management Branch 1 (DCBGE1)
Regulatory Project Management Branch 2 (DCBGE2)
Regulatory Project Management Branch 3 (DCBGE3)
Regulatory Project Management Branch 4 (DCBGE4)
Office of Communication, Outreach, and Development (DCBH)
Division of Disclosure and Oversight Management (DCBHA)
Congressional and Oversight Branch (DCBHA1)
Access Litigation and Freedom of Information Branch (DCBHA2)
Electronic Disclosure Branch (DCBHA3)
Division of Manufacturers Assistance and Training (DCBHB)
Career Development and Directed Training Branch (DCBHB1)
Manufacturers Assistance & Technical Training Branch (DCBHB2)
Division of Communication and Consumer Affairs (DCBHC)
Communication Technology Branch (DCBHC1)
Consumer Affairs Branch (DCBHC2)
Office of Regulatory Operations (DCBI)
Division of Informatics and Information Technology (DCBIA)
Data Standards Branch (DCBIA1)
Information Technology Branch (DCBIA2)
Records Management Branch (DCBIA3)
Regulatory Information Branch (DCBIA4)
Division of Regulatory Operations and Programs (DCBIB)
Regulatory Affairs and Business Operations Branch (DCBIB1)
Regulatory Programs Branch (DCBIB2)

    DCDH. Organization. The Center for Drug Evaluation and Research's
Office of Medical Policy is headed by the Director, Office of Medical
Policy and includes the following:

Office of Medical Policy (DCDH)
Office of Prescription Drug Promotion (DCDHA)
Division of Advertising and Promotion Review I (DCDHAA)
Division of Advertising and Promotion Review II (DCDHAB)
Division of Promotion Policy, Research, and Operations (DCDHAC)
Office of Medical Policy Initiatives (DCDHB)
Division of Medical Policy Development (DCDHBA)
Division of Medical Policy Programs (DCDHBB)
Division of Clinical Trial Quality (DCDHBC)

    DCCF. Organization. The Center for Devices and Radiological
Health's Office of Product Evaluation and Quality is headed by the
Director, Office Product Evaluation and Quality and includes the
follow:

Office of Product Evaluation and Quality (DCCF)
Quality and Analytics Staff (DCCF1)
Clinical and Scientific Policy Staff (DCCF2)
Strategic Initiatives Staff (DCCF3)
Regulation, Policy and Guidance Staff (DCCF4)
Office of Regulatory Programs (DCCFA)
Division of Regulatory Programs I (DCCFAA)
Division of Regulatory Programs II (DCCFAB)
Division of Regulatory Programs III (DCCFAC)
Division of Regulatory Programs IV (DCCFAD)
Office of Clinical Evidence and Analysis (DCCFB)
Division of Clinical Evidence and Analysis I (DCCFBA)
Division of Clinical Evidence and Analysis II (DCCFBB)
Office of Health Technology I (DCCFC)
Division of Health Technology I A (DCCFCA)
Division of Health Technology I B (DCCFCB)
Division of Health Technology I C (DCCFCC)
Office of Health Technology II (DCCFD)
Division of Health Technology II A (DCCFDA)
Division of Health Technology II B (DCCFDB)
Division of Health Technology II C (DCCFDC)
Office of Health Technology III (DCCFE)
Division of Health Technology III A (DCCFEA)
Division of Health Technology III B (DCCFEB)
Division of Health Technology III C (DCCFEC)
Office of Health Technology IV (DCCFF)
Division of Health Technology IV A (DCCFFA)
Division of Health Technology IV B (DCCFFB)
Office of Health Technology V (DCCFG)
Division of Health Technology V A (DCCFGA)

Division of Health Technology V B (DCCFGB)
Office of Health Technology VI (DCCFH)
Division of Health Technology VI A (DCCFHA)
Division of Health Technology VI B (DCCFHB)
Division of Health Technology VI C (DCCFHC)
Office of Health Technology VII (DCCFI)
Division of Chemistry and Toxicology (DCCFIA)
Division of Immunology and Hematology (DCCFIB)
Division of Microbiology (DCCFIC)
Division of Program Management and Operations (DCCFIE)
Division of Molecular Genetics and Pathology (DCCFIG)
Office of Health Technology VIII (DCCFJ)
Division of Health Technology VIII A (DCCFJA)
Division of Health Technology VIII B (DCCFJB)
Division of Health Technology VIII C (DCCFJC)

    DCFF. Organization. The Center for tobacco Product's Office of
Compliance and Enforcement is headed by the Director, Office of
Compliance and Enforcement and includes the following:

Division of Enforcement and Manufacturing (DCFFA)
Division of Promotion, Advertising, and Labeling (DCFFB)
Division of State Programs (DCFFC)
Division of Business Operations (DCFFD)
Division of External Programs and Resource Management (DCFFE)
Division of Product Compliance (DCFFF)

    DCFD. Organization. The Center for tobacco Product's Office of
Science is headed by the Director, Office of Science and includes the
following:

Division of Regulatory Project Management (DCFDA)
Division of Regulatory Science Informatics (DCFDB)
Division of Product Science (DCFDC)
Division of Individual Health Science (DCFDD)
Division of Population Health Science (DCFDE)
Division of Non-Clinical Sciences (DCFDF)
Division of Research and Knowledge Integration (DCFDG)

II. Delegations of Authority

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

III. Electronic Access

    This reorganization is reflected in FDA's Staff Manual Guide (SMG).
Persons interested in seeing the complete Staff Manual Guide can find
it on FDA's website at: https://www.fda.gov/AboutFDA/ReportsManualsForms/StaffManualGuides/default.htm.
    Authority: 44 U.S.C. 3101.

    Dated: October 22, 2021.
Andrea Palm,
Deputy Secretary of Health and Human Services.
[FR Doc. 2021-28386 Filed 12-30-21; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 86, Number 183 (Friday, September 24, 2021)]
[Notices]
[Pages 53048-53049]
[FR Doc No: 2021-20774]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC21-38-000]

Commission Information Collection Activities; (FERC-920, Electric
Quarterly Report); Comment Request; Extension

AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Notice of information collection and request for comments.

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SUMMARY: In compliance with the requirements of the Paperwork Reduction
Act of 1995 (PRA), the Federal Energy Regulatory Commission (Commission
or FERC) is soliciting public comment on the currently approved
information collection, FERC-920 (Electric Quarterly Report (EQR)),
which will be submitted to the Office of Management and Budget (OMB)
for a review of the information collection requirements.

DATES: Comments on the collection of information are due November 23,
2021.

ADDRESSES: You may submit copies of your comments (identified by Docket
No. IC21-38-000 and the specific FERC collection number (FERC-920) by
one of the following methods:
    Electronic filing through http://www.ferc.gov is preferred.
     Electronic Filing: Documents must be filed in acceptable
native applications and print-to-PDF, but not in scanned or picture
format.
     For those unable to file electronically, comments may be
filed by USPS mail or by hand (including courier) delivery:
    [cir] Mail via U.S. Postal Service Only: Addressed to: Federal
Energy Regulatory Commission, Secretary of the Commission, 888 First
Street NE, Washington, DC 20426.
    [cir] Hand (including courier) delivery to: Federal Energy
Regulatory Commission, 12225 Wilkins Avenue, Rockville, MD 20852.
    Instructions: All submissions must be formatted and filed in
accordance with submission guidelines at: http://www.ferc.gov. For user
assistance, contact FERC Online Support by email at
<EMAIL_ADDRESS>or by phone at<PHONE_NUMBER> (toll-free).
    Docket: Users interested in receiving automatic notification of
activity in this docket or in viewing/downloading comments and
issuances in this docket may do so at http://www.ferc.gov.

FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email at
<EMAIL_ADDRESS>and telephone at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Title: FERC-920, (Electric Quarterly Reports
(EQR)).
    OMB Control No.: 1902-0255.
    Type of Respondent: Public utilities, and non-public utilities with
more than a de minimis market presence.
    Type of Request: Three-year extension of the FERC-920 information
collection with no changes to the current reporting requirements.\1\
---------------------------------------------------------------------------

    \1\ This Notice in Docket No. IC21-38 is separate from, and does
not address, the activities in Docket No. AD21-8-000.
---------------------------------------------------------------------------

    Abstract: The Commission originally set forth the EQR filing
requirements in Order No. 2001 (Docket No. RM01-8-000) which required
public utilities to electronically file EQRs summarizing transaction
information for short-term and long-term cost-based sales and market-
based rate sales and the contractual terms and conditions in their
agreements for all jurisdictional services.\2\ The Commission
established the EQR reporting requirements to help ensure the
collection of information needed to perform its regulatory functions
over transmission and sales, while making data more useful to the
public and allowing public utilities to better fulfill their
responsibility under Federal Power Act (FPA) section 205(c) \3\ to have
rates on file in a convenient form and place. As noted in Order No.
2001, the EQR data is designed to ``provide greater price transparency,
promote competition, enhance confidence in the fairness of the markets,
and provide a better means to detect and discourage discriminatory
practices.''
---------------------------------------------------------------------------

    \2\ Revised Public Utility Filing Requirements, Order No. 2001,
67 FR 31043 (May 8, 2002), FERC Stats. & Regs. ] 31,127, reh'g
denied, Order No. 2001-A, 100 FERC ] 61,074, reh'g denied, Order No.
2001-B, 100 FERC ] 61,342, order directing filing, Order No. 2001-C,
101 FERC ] 61,314 (2002), order directing filing, Order No. 2001-D,
102 FERC ] 61,334, order refining filing requirements, Order No.
2001-E, 105 FERC ] 61,352 (2003), order on clarification, Order No.
2001-F, 106 FERC ] 61,060 (2004), order revising filing
requirements, Order No. 2001-G, 72 FR 56735 (Oct. 4, 2007), 120 FERC
] 61,270, order on reh'g and clarification, Order No. 2001-H, 73 FR
1876 (Jan. 10, 2008), 121 FERC ] 61,289 (2007), order revising
filing requirements, Order No. 2001-I, 73 FR 65526 (Nov. 4, 2008),
125 FERC ] 61,103 (2008).
    \3\ 16 U.S.C. 824d(c).
---------------------------------------------------------------------------

    Since issuing Order No. 2001, the Commission has provided guidance
and refined the reporting requirements, as necessary, to reflect
changes in the Commission's rules and regulations.\4\ The Commission
also adopted an Electric Quarterly Report Data Dictionary, which
provides in one document the definitions of certain terms and values
used in filing EQR data.\5\
---------------------------------------------------------------------------

    \4\ See, e.g., Revised Public Utility Filing Requirements for
Electric Quarterly Reports, 124 FERC ] 61,244 (2008) (providing
guidance on the filing of information on transmission capacity
reassignments in EQRs).
    \5\ Order No. 2001-G, 120 FERC ] 61,270 (2007).
---------------------------------------------------------------------------

    To increase transparency broadly across all wholesale markets
subject to the Commission's jurisdiction, the Commission issued Order
No. 768 in 2012.\6\ Order No. 768 required market participants that are
excluded from the Commission's jurisdiction under the FPA section 205
(non-public utilities) and have more than a de minimis market presence
to file EQRs with the Commission. In addition, Order No. 768 revised
the EQR filing requirements to build upon the Commission's prior
improvements to the reporting requirements and further enhance the
goals of providing greater price transparency, promoting competition,
instilling confidence in the fairness of the markets, and providing a
better means to detect and discourage anti-competitive, discriminatory,
and manipulative practices.
---------------------------------------------------------------------------

    \6\ Order No. 768, 77 FR 61896 (Oct. 11, 2012), FERC Stats. &
Regs. ] 31,336 (2012).
---------------------------------------------------------------------------

    EQR information allows the public to assess supply and demand
fundamentals and to price interstate wholesale market transactions.
This, in turn, results in greater market confidence, lower transaction
costs, and

ultimately supports competitive markets. In addition, the data filed in
the EQR strengthens the Commission's ability to exercise its wholesale
electric rate and electric power transmission oversight and enforcement
responsibilities in accordance with the Federal Power Act. Without this
information, the Commission would lack some of the data it needs to
support its regulatory function over transmission and sales.
    Type of Respondent: Public utilities, and non-public utilities with
more than a de minimis market presence.
    Estimate of Annual Burden and Cost: \7\ The Commission estimates
the annual public reporting burden \8\ for the information collection
as:
---------------------------------------------------------------------------

    \7\ The cost is based on FERC's 2021 Commission-wide average
salary cost (salary plus benefits) of $87.00/hour. The Commission
staff believes the FERC FTE (full-time equivalent) average cost for
wages plus benefits is representative of the corresponding cost for
the industry respondents.
    \8\ Burden is defined as the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. For
further explanation of what is included in the information
collection burden, refer to 5 Code of Federal Regulations 1320.3.

                                                        FERC-920: Electric Quarterly Report (EQR)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       Average annual                                              Total average annual
                                          Number of       number of     Total number     Average annual burden     burden hours & total      Cost per
             Requirements                respondents    responses per   of responses      hrs. & cost ($) per        annual cost ($)      respondent ($)
                                                         respondent                       response (rounded)            (rounded)            (rounded)
                                                    1               2     (1) * (2) =  4.......................  (3) * (4) = (5)........       (5) / (1)
                                                                                (3)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Electric Quarterly Report............           2,929               4          11,716  18.1 hrs.; $1,575.......  212,060 hrs.;                    $6,300
                                                                                $18,452,700.
                                      ------------------------------------------------------------------------------------------------------------------
    Total............................  ..............  ..............          11,716  ........................  212,060 hrs.;                    $6,300
                                                                                $18,452,700.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Comments: Comments are invited on: (1) Whether the collection of
information is necessary for the proper performance of the functions of
the Commission, including whether the information will have practical
utility; (2) the accuracy of the agency's estimate of the burden and
cost of the collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility and clarity of the information collection; and (4) ways to
minimize the burden of the collection of information on those who are
to respond, including the use of automated collection techniques or
other forms of information technology.

    Dated: September 20, 2021.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2021-20774 Filed 9-23-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: August 2, 2006 (Volume 71, Number 148)]
[Notices]
[Page 43725]
[DOCID:fr02au06-50]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[ Docket No. ID-4242-001]

Rajter, Leo C.; Notice of Filing

July 26, 2006.
    Take notice that on July 21, 2006, Leo C. Rajter filed an
application for authorization to hold interlocking positions pursuant
to section 305(b) of the Federal Power Act, 16 U.S.C. 825(b), 18 CFR
part 45 of the Commission's Rules of Practice and Procedure and Order
No. 664.
    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 online 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 August 21, 2006.
Magalie R. Salas,
Secretary.
 [FR Doc. E6-12377 Filed 8-1-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: October 29, 2008 (Volume 73, Number 210)]
[Proposed Rules]
[Page 64294-64295]
[DOCID:fr29oc08-31]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 271 and 272

[EPA-R06-RCRA-2008; FRL-8727-4]

Texas: Final Authorization of State-Initiated Changes and
Incorporation by Reference of State Hazardous Waste Management Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: During a review of Texas' regulations, EPA identified a
variety of State-initiated changes to Texas' hazardous waste program
under the Resource Conservation and Recovery Act, as amended (RCRA),
for which the State had not previously sought authorization. EPA
proposes to authorize the State for the program changes. In addition,
EPA proposes to codify in the regulations entitled ``Approved State
Hazardous Waste Management Programs'', Texas' authorized hazardous
waste program. EPA will incorporate by reference into the Code of
Federal Regulations (CFR) those provisions of the State regulations
that are authorized and that EPA will enforce under RCRA. In the
``Rules and Regulations'' section of this Federal Register, the EPA is
authorizing the changes to the Texas program, and codifying and
incorporating by reference the State's hazardous waste program as an
immediate final rule. EPA did not make a proposal prior to the
immediate final rule because we believe these actions are not
controversial and do not expect comments that oppose them. We have
explained the reasons for this authorization and incorporation by
reference in the preamble to the immediate final rule. Unless we get
written comments which oppose this authorization and incorporation by
reference during the comment period, the immediate final rule will
become effective on the date it establishes, and we will not take
further action on this proposal. If we get comments that oppose these
actions, we will withdraw the immediate final rule and it will not take
effect. We will then respond to public comments in a later final rule
based on this proposal. You may not have another opportunity for
comment. If you want to comment on this action, you must do so at this
time.

DATES: Send written comments by November 28, 2008.

ADDRESSES: Send written comments to Alima Patterson, Region 6, Regional
Authorization Coordinator, or Julia Banks, Codification Coordinator,
(6PD-O), Multimedia Planning and Permitting Division at the address
shown below. You can examine copies of the materials that form the
basis for this authorization and incorporation by reference during
normal business hours at the following location: EPA Region 6, 1445
Ross Avenue, Dallas, Texas 75202-2733, phone number<PHONE_NUMBER> or
(214) 665-8178. Comments may also be submitted electronically or
through hand delivery/courier; please follow the detailed instructions
in the ADDRESSES section of the immediate final rule which is located
in the Rules section of this Federal Register.

FOR FURTHER INFORMATION CONTACT: Alima Patterson,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: For additional information, please see the
immediate final rule published in the

``Rules and Regulations'' section of this Federal Register.

    Dated: September 17, 2008.
Richard E. Greene,
Regional Administrator, EPA Region 6.
[FR Doc. E8-25587 Filed 10-28-08; 8:45 am]

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