[Federal Register Volume 79, Number 214 (Wednesday, November 5, 2014)]
[Notices]
[Pages 65751-65756]
[FR Doc No: 2014-26229]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-73471; File No. SR-NASDAQ-2014-080]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Order
Granting Approval of a Proposed Rule Change, as Modified by Amendment
No. 1 Thereto, Relating to the Listing and Trading of the Shares of the
PowerShares DB Optimum Yield Diversified Commodity Strategy Portfolio,
PowerShares Agriculture Commodity Strategy Portfolio, PowerShares
Precious Metals Commodity Strategy Portfolio, PowerShares Energy
Commodity Strategy Portfolio, PowerShares Base Metals Commodity
Strategy Portfolio and PowerShares Bloomberg Commodity Strategy
Portfolio, Each a Series of PowerShares Actively Managed Exchange-
Traded Commodity Fund Trust

October 30, 2014.

I. Introduction

    On August 29, 2014, The NASDAQ Stock Market LLC (``Nasdaq'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to list and trade the shares (``Shares'') of the
PowerShares DB Optimum Yield Diversified Commodity Strategy Portfolio,
PowerShares Agriculture Commodity Strategy Portfolio, PowerShares
Precious Metals Commodity Strategy Portfolio, PowerShares Energy
Commodity Strategy Portfolio, PowerShares Base Metals Commodity
Strategy Portfolio, and PowerShares Bloomberg Commodity Strategy
Portfolio (individually, ``Fund,'' and collectively, ``Funds''), each a
series of PowerShares Actively Managed Exchange-Traded Commodity Fund
Trust (``Trust''). On September 8, 2014, the Exchange filed Amendment
No. 1 to the proposed rule change.\3\ The proposed rule change, as
modified by Amendment No. 1 thereto, was published for comment in the
Federal Register on September 17, 2014.\4\ The Commission received no
comments on the proposed rule change. This order grants approval of the
proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ In Amendment No. 1, the Exchange changed the name of the
``PowerShares Diversified Commodity Strategy Portfolio'' to
``PowerShares DB Optimum Yield Diversified Commodity Strategy
Portfolio,'' and changed the name of the ``PowerShares Balanced
Commodity Strategy Portfolio'' to ``PowerShares Bloomberg Commodity
Strategy Portfolio.''
    \4\ See Securities Exchange Act Release No. 73078 (Sept. 11,
2014), 79 FR 55851 (``Notice'').
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II. Description of Proposed Rule Change

    The Exchange proposes to list and trade the Shares of each Fund
under Nasdaq Rule 5735, which governs the listing and trading of
Managed Fund Shares on the Exchange. Each Fund will be an actively
managed exchange-traded fund (``ETF''). Each Fund's Shares will be
offered by the Trust, which was established as a Delaware statutory
trust on December 23, 2013.\5\ Each Fund is a series of the Trust.
Invesco PowerShares Capital Management LLC will be the investment
adviser (``Adviser'') to the Funds.\6\ Invesco Distributors, Inc.
(``Distributor'') will be the principal underwriter and distributor of
each Fund's Shares. The Bank of New York Mellon will act as the
administrator, accounting agent, custodian, and transfer agent to the
Funds.
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    \5\ According to the Exchange, the Trust is registered with the
Commission as an investment company and has filed a registration
statement on Form N-1A (``Registration Statement'') with the
Commission. See Registration Statement on Form N-1A for the Trust,
dated May 20, 2014 (File Nos. 333-193135 and 811-22927). The
Exchange states that the Commission has issued an order granting
certain exemptive relief to affiliates of the Trust, and which
extends to the Trust, under the Investment Company Act of 1940
(``1940 Act''). See Investment Company Act Release No. 30029 (Apr.
10, 2012) (File No. 812-13795).
    \6\ The Exchange states that, although the Adviser is not a
broker-dealer, the Adviser is affiliated with the Distributor, which
is a broker-dealer. The Exchange represents that the Adviser has
implemented a fire wall with respect to its broker-dealer affiliate
regarding access to information concerning the composition and/or
changes to a Fund's portfolio (including the portfolio of a
Subsidiary, as defined herein). Nasdaq Rule 5735(g) requires that
personnel who make decisions on the open-end fund's portfolio
composition must be subject to procedures designed to prevent the
use and dissemination of material non-public information regarding
the open-end fund's portfolio (including the portfolio of a
Subsidiary, as defined herein). In addition, the Exchange represents
that in the event (a) the Adviser registers as a broker-dealer or
becomes newly affiliated with a broker-dealer, or (b) any new
adviser or sub-adviser is a registered broker-dealer or becomes
affiliated with a broker-dealer, the Adviser will implement a fire
wall with respect to its relevant personnel or such broker-dealer
affiliate, as applicable, regarding access to information concerning
the composition and changes to the portfolio, and the Adviser will
be subject to procedures designed to prevent the use and
dissemination of material non-public information regarding such
portfolio. The Exchange also states that the Funds do not currently
intend to use a sub-adviser.
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    The Exchange has made the following representations and statements
in describing the Funds and their principal investments (including
those of the Subsidiaries, as defined herein), other investments, and
investment restrictions.\7\
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    \7\ The Commission notes that additional information regarding
the Trust, the Funds, and the Shares, including investment
strategies, risks, creation and redemption procedures, calculation
of net asset value (``NAV''), fees, portfolio holdings disclosure
policies, distributions, and taxes, among other things, can be found
in the Notice and Registration Statement, as applicable. See supra
notes 4 and 5, respectively.
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Principal Investment Strategies Applicable to Each Fund

    Each Fund's investment objective will be to seek long term capital
appreciation. Each Fund will be an actively managed ETF that will seek
to achieve its investment objective by investing, under normal
circumstances,\8\ in a combination of securities and futures contracts,
either directly or through each Fund's own wholly-owned subsidiary
controlled by such Fund and organized under the laws of the Cayman
Islands (individually, ``Subsidiary,'' and collectively,
``Subsidiaries'').\9\ Each Fund will invest in: (i) Its respective
Subsidiary; (ii) exchange-traded

products or exchange-traded commodity pools; \10\ and (iii) U.S.
Treasury Securities,\11\ money market mutual funds, high quality
commercial paper, and similar instruments, as described more fully
below. Each respective Subsidiary will invest in exchange-traded
commodity futures contracts (``Commodities''). The Commodities
generally will be components of certain benchmark indices, as set forth
below for each Fund, but each Subsidiary also may invest in Commodities
that are outside of those benchmark indices.\12\
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    \8\ The term ``under normal circumstances'' includes, but is not
limited to, the absence of extreme volatility or trading halts in
the equity, commodities and futures markets or the financial markets
generally; operational issues causing dissemination of inaccurate
market information; or force majeure type events such as systems
failure, natural or man-made disaster, act of God, armed conflict,
act of terrorism, riot or labor disruption, or any similar
intervening circumstance.
    \9\ According to the Exchange, all of the exchange-traded
securities held by a Fund will be traded in a principal trading
market that is a member of the Intermarket Surveillance Group
(``ISG'') or a market with which the Exchange has a comprehensive
surveillance sharing agreement. The Exchange states that with
respect to futures contracts held indirectly through a Subsidiary,
not more than 10% of the weight of such futures contracts in the
aggregate shall consist of instruments whose principal trading
market is not a member of the ISG or a market with which the
Exchange does not have a comprehensive surveillance sharing
agreement.
    \10\ Specifically, the Funds will invest in: (1) ETFs that
provide exposure to commodities as would be listed under Nasdaq
Rules 5705 and 5735; (2) exchange-traded notes (``ETNs'') that
provide exposure to commodities as would be listed under Nasdaq Rule
5710; or (3) exchange-traded pooled investment vehicles that invest
primarily in commodities and commodity-linked instruments as would
be listed under Nasdaq Rules 5711(b), (d), (f), (g), (h), (i), and
(j) (``Commodity Pool'' or ``Commodity Pools'').
    \11\ U.S. Treasury obligations are backed by the ``full faith
and credit'' of the U.S. government.
    \12\ In addition, each Subsidiary may, for administrative
convenience, also invest in U.S. Treasury Securities, money market
mutual funds, high quality commercial paper, and similar
instruments, as discussed more fully below, for purposes of
collateralizing investments in Commodities. Although each Fund's
Subsidiary generally will hold many of the Commodities that are
components of that Fund's respective benchmark index
(``Benchmark''), each Subsidiary (and its respective parent Fund)
will be actively managed by the Adviser and will not be obligated to
invest in all of (or limit its investments solely to) the component
Commodities within its respective Benchmark. Each Subsidiary (and
its respective parent Fund) also will not be obligated to invest in
the same amount or proportion as its respective Benchmark, or be
obligated to track the performance of a Benchmark or of any index.
Rather, the Adviser will determine the weightings of these
investments by using a rules-based approach that is designed to
ensure that the relative weight of each investment within a Fund's
Subsidiary reflects the Adviser's view of the economic significance
and market liquidity of the corresponding, underlying physical
commodities.
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    Each Fund's investments will include investments directly in other
ETFs,\13\ to the extent permitted under the 1940 Act,\14\ or ETNs that
provide exposure to the relevant Commodities. Each Fund also may invest
in a Commodity Pool that is designed to track the performance of the
applicable Benchmark through investments in Commodities.
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    \13\ An ETF is an investment company registered under the 1940
Act that holds a portfolio of securities. Many ETFs are designed to
track the performance of a securities index, including industry,
sector, country and region indexes. ETFs included in a Fund will be
listed and traded in the U.S. on registered exchanges. Each Fund may
invest in the securities of other ETFs in excess of the limits
imposed under the 1940 Act pursuant to exemptive relief obtained by
an affiliate of the Trust that also applies to the Trust. The ETFs
in which a Fund may invest include Index Fund Shares (as described
in Nasdaq Rule 5705), Portfolio Depositary Receipts (as described in
Nasdaq Rule 5705), and Managed Fund Shares (as described in Nasdaq
Rule 5735).
    \14\ The shares of ETFs in which a Fund may invest will be
limited to securities that trade in markets that are members of the
ISG, which includes all U.S. national securities exchanges, or are
parties to a comprehensive surveillance sharing agreement with the
Exchange.
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    The Exchange notes that no Fund will invest directly in
Commodities. However, each Fund expects to gain significant exposure to
Commodities indirectly by investing directly in the applicable
Subsidiary. Each Fund's investment in its applicable Subsidiary may not
exceed 25% of such Fund's total assets at each quarter end of such
Fund's fiscal year. In addition, the Exchange states that no Fund or
Subsidiary will invest directly in physical commodities. The remainder
of a Fund's assets that are not invested in ETFs, ETNs, Commodity
Pools, or its Subsidiary will be invested in U.S. government
securities,\15\ money market instruments,\16\ cash and cash equivalents
(e.g., corporate commercial paper).\17\ Each Fund will use these assets
to provide liquidity and to collateralize the Subsidiary's investments
in the applicable Commodities.
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    \15\ Such securities will include securities that are issued or
guaranteed by the U.S. Treasury, by various agencies of the U.S.
government, or by various instrumentalities, which have been
established or sponsored by the U.S. government. U.S. Treasury
obligations are backed by the ``full faith and credit'' of the U.S.
government. Securities issued or guaranteed by federal agencies and
U.S. government-sponsored instrumentalities may or may not be backed
by the full faith and credit of the U.S. government.
    \16\ For a Fund's purposes, money market instruments will
include: Short-term, high quality securities issued or guaranteed by
non-U.S. governments, agencies, and instrumentalities; non-
convertible corporate debt securities with remaining maturities of
not more than 397 days that satisfy ratings requirements under Rule
2a-7 of the 1940 Act; money market mutual funds; and deposits and
other obligations of U.S. and non-U.S. banks and financial
institutions.
    \17\ The remainder of a Subsidiary's assets, if any, may be
invested (like its respective Fund's assets) in these assets to
serve as margin or collateral or otherwise support the Subsidiary's
positions in Commodities.
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Principal Investments for Each Fund

PowerShares DB Optimum Yield Diversified Commodity Strategy Portfolio

    According to the Exchange, this Fund will seek to achieve its
investment objective through indirect investments that provide exposure
to a diverse group of the most heavily traded physical commodities in
the world. The Fund's indirect investments in commodities primarily
will include futures contracts contained in DBIQ Optimum Yield
Diversified Commodity Index Excess Return (which the Exchange states is
the Fund's Benchmark), an index composed of futures contracts on 14
heavily traded commodities in the energy, precious metals, industrial
metals, and agriculture sectors.

PowerShares Agriculture Strategy Portfolio

    The Exchange states that this Fund will seek to achieve its
investment objective through indirect investments that provide exposure
to physical commodities within the agriculture sector. The Fund's
indirect investments in commodities primarily will include futures
contracts contained in DBIQ Diversified Agriculture Index Excess Return
(which the Exchange states is the Fund's Benchmark), an index composed
of futures contracts on 11 of the most liquid and widely traded
agricultural commodities, including corn, soybeans, wheat, Kansas City
wheat, sugar, cocoa, coffee, cotton, live cattle, feeder cattle, and
lean hogs.

PowerShares Precious Metals Strategy Portfolio

    According to the Exchange, this Fund will seek to achieve its
investment objective through indirect investments that provide exposure
to two of the most important precious metals--gold and silver. The
Fund's indirect investments in commodities primarily will include
futures contracts contained in DBIQ Optimum Yield Precious Metals Index
Excess Return (which the Exchange states is the Fund's Benchmark), an
index composed of futures contracts on gold and silver.

PowerShares Energy Strategy Portfolio

    The Exchanges states that this Fund will seek to achieve its
investment objective through indirect investments that provide exposure
to physical commodities within the energy sector. The Fund's indirect
investments in commodities primarily will include futures contracts
contained in DBIQ Optimum Yield Energy Index Excess Return (which the
Exchange states is the Fund's Benchmark), an index composed of futures
contracts on heavily traded energy commodities, including light sweet
crude oil (WTI), heating oil, Brent crude oil, RBOB gasoline, and
natural gas.

PowerShares Base Metals Strategy Portfolio

    The Exchange states that this Fund will seek to achieve its
investment objective through indirect investments that provide exposure
to the most widely used physical commodities within the base metals
sector. The Fund's indirect investments in

commodities primarily will include futures contracts contained in DBIQ
Optimum Yield Industrial Metals Index Excess Return (which the Exchange
states is the Fund's Benchmark), an index composed of futures contracts
on physical commodities in the base metals sector, including aluminum,
zinc, and Grade A copper.

PowerShares Bloomberg Commodity Strategy Portfolio

    According to the Exchange, this Fund will seek to achieve its
investment objective through indirect investments that provide exposure
to a broadly diversified representation of the commodity markets. The
Fund's indirect investments in commodities primarily will include
futures contracts contained in the Bloomberg Commodity Total Return
Index (which the Exchange states is the Fund's Benchmark), a
diversified index composed of futures contracts on various physical
commodities across seven industry sectors. Historically, the Benchmark
has included futures contracts on the following: aluminum, Brent Crude
oil, coffee, copper, corn, cotton, gold, heating oil, Kansas wheat,
lean hogs, live cattle, natural gas, nickel, silver, soybeans, soybean
meal, soybean oil, sugar, unleaded gasoline, wheat, West Texas
Intermediate crude oil, and zinc.

Investments of the Subsidiaries

    According to the Exchange, each Subsidiary will be wholly-owned and
controlled by the applicable Fund, and its investments will be
consolidated into such Fund's financial statements. A Fund's investment
in its Subsidiary will be designed to help such Fund achieve exposure
to Commodities returns in a manner consistent with the federal tax
requirements applicable to regulated investment companies, such as the
Funds, which limit the ability of investment companies to invest
directly in the derivative instruments.
    Each Subsidiary will invest in Commodities. The remainder of a
Subsidiary's assets, if any, may be invested (like its respective
Fund's assets) in U.S. government securities, money market instruments,
cash, and cash equivalents intended to serve as margin or collateral or
otherwise support the Subsidiary's positions in Commodities. The
Exchange states that each respective Subsidiary will therefore be
subject to the same general investment policies and restrictions as the
applicable Fund, except that unlike such Fund, which must invest in
assets in compliance with the requirements of Subchapter M of the
Internal Revenue Code, a Subsidiary may invest without limitation in
Commodities. References to the investment strategies and risks of each
Fund include the investment strategies and risks of the applicable
Subsidiary. Each Subsidiary will be advised by the Adviser.\18\
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    \18\ The Exchange states that the Subsidiaries will not be
registered under the 1940 Act, and that, as an investor in a
Subsidiary, a Fund, as that Subsidiary's sole shareholder, will not
have the protections offered to investors in registered investment
companies. However, because each Fund will wholly own and control
its respective Subsidiary, and each Fund and its respective
Subsidiary will be managed by the Adviser, no Subsidiary will take
action contrary to the interests of its Fund or its Fund's
shareholders. The Trust's Board (``Board'') will have oversight
responsibility for the investment activities of each Fund, including
its expected investments in its Subsidiary, and that Fund's role as
the sole shareholder of such Subsidiary. The Adviser will receive no
additional compensation for managing the assets of each Subsidiary.
Also, in managing a Subsidiary's portfolio, the Adviser will be
subject to the same investment restrictions and operational
guidelines that apply to the management of a Fund. Each Subsidiary
also will enter into separate contracts for the provision of
custody, transfer agency, and accounting agent services with the
same or with affiliates of the same service providers that provide
those services to the applicable Fund.
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    As a result of the instruments that each Fund will hold indirectly,
the Funds and the Subsidiaries are subject to regulation by the
Commodity Futures Trading Commission and the National Futures
Association (``NFA''), as well as additional disclosure, reporting, and
recordkeeping rules imposed upon commodity pools.\19\
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    \19\ The Exchange represents that the Adviser has previously
registered as a commodity pool operator and is also a member of the
NFA.
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Other Investments

    Each Fund may invest (either directly or through its Subsidiary) in
U.S. government securities, money market instruments, cash and cash
equivalents (e.g., corporate commercial paper) to provide liquidity and
to collateralize the Subsidiary's investments in Commodities. The
instruments in which each Fund, or its respective Subsidiary, can
invest include any one or more of the following: (i) Short-term
obligations issued by the U.S. government; \20\ (ii) short term
negotiable obligations of commercial banks, fixed time deposits and
bankers' acceptances of U.S. banks and similar institutions; \21\ (iii)
commercial paper rated at the date of purchase ``Prime-1'' by Moody's
Investors Service, Inc. or ``A-1+'' or ``A-1'' by Standard & Poor's or,
if unrated, of comparable quality, as the Adviser to the Funds
determines; and (iv) money market mutual funds, including affiliated
money market mutual funds.
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    \20\ Each Fund may invest in U.S. government obligations.
Obligations issued or guaranteed by the U.S. government, its
agencies and instrumentalities include bills, notes and bonds issued
by the U.S. Treasury, as well as ``stripped'' or ``zero coupon''
U.S. Treasury obligations representing future interest or principal
payments on U.S. Treasury notes or bonds. See supra note 11.
    \21\ Time deposits are non-negotiable deposits maintained in
banking institutions for specified periods of time at stated
interest rates. Banker's acceptances are time drafts drawn on
commercial banks by borrowers, usually in connection with
international transactions.
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    In addition, according to the Exchange, each Fund's investment in
securities of other investment companies (including money market funds)
may exceed the limits permitted under the 1940 Act, in accordance with
certain terms and conditions set forth in a Commission exemptive order
issued to an affiliate of the Trust (which applies equally to the
Trust) pursuant to Section 12(d)(1)(J) of the 1940 Act. The Exchange
states that no Fund, or its respective Subsidiary, anticipates
investing in options, swaps, or forwards.

Investment Restrictions

    Each Fund may not concentrate its investments (i.e., invest more
than 25% of the value of its net assets) in securities of issuers in
any one industry or group of industries. This restriction will not
apply to obligations issued or guaranteed by the U.S. government, its
agencies or instrumentalities.
    Each Subsidiary's shares will be offered only to the applicable
Fund and such Fund will not sell shares of that Subsidiary to other
investors. Each Fund and the applicable Subsidiary will not invest in
any non-U.S. equity securities (other than shares of the Subsidiary).
    Each Fund may hold up to an aggregate amount of 15% of its net
assets in illiquid securities and other illiquid assets (calculated at
the time of investment). Each Fund will monitor its portfolio liquidity
on an ongoing basis to determine whether, in light of current
circumstances, an adequate level of liquidity is being maintained, and
will consider taking appropriate steps in order to maintain adequate
liquidity if, through a change in values, net assets, or other
circumstances, more than 15% of a Fund's net assets are held in
illiquid securities or other illiquid assets.\22\
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    \22\ Illiquid securities and other illiquid assets include
securities subject to contractual or other restrictions on resale
and other instruments that lack readily available markets as
determined in accordance with Commission staff guidance.
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    Each Fund intends to qualify for and to elect to be treated as a
separate regulated investment company under Subchapter M of the
Internal Revenue Code.
    Each Fund's and its respective Subsidiary's investments will be
consistent with that Fund's investment

objective. In pursuing its investment objective, a Fund may utilize
instruments that have a leveraging effect on that Fund. This effective
leverage occurs when a Fund's market exposure exceeds the amounts
actually invested. The Exchange represents that any instance of
effective leverage will be covered in accordance with guidance
promulgated by the Commission and its staff. According to the Exchange,
each Fund does not presently intend to engage in any form of borrowing
for investment purposes, and will not be operated as ``leveraged
ETFs,'' i.e., it will not be operated in a manner designed to seek a
multiple of the performance of an underlying reference index.

III. Discussion and Commission Findings

    After careful review, the Commission finds that the Exchange's
proposal to list and trade the Shares is consistent with the Act and
the rules and regulations thereunder applicable to a national
securities exchange.\23\ In particular, the Commission finds that the
proposed rule change is consistent with Section 6(b)(5) of the Act,\24\
which requires, among other things, that the Exchange's rules be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in facilitating transactions in
securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general, to
protect investors and the public interest. The Commission notes that
the Funds and the Shares must comply with the requirements of Nasdaq
Rule 5735 to be listed and traded on the Exchange.
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    \23\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \24\ 15 U.S.C. 78f(b)(5).
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    The Commission finds that the proposal to list and trade the Shares
on the Exchange is consistent with Section 11A(a)(1)(C)(iii) of the
Act,\25\ which sets forth Congress' finding that it is in the public
interest and appropriate for the protection of investors and the
maintenance of fair and orderly markets to assure the availability to
brokers, dealers, and investors of information with respect to
quotations for, and transactions in, securities. Quotation and last-
sale information for the Shares will be available via Nasdaq
proprietary quote and trade services, as well as in accordance with the
Unlisted Trading Privileges and the Consolidated Tape Association plans
for the Shares. In addition, for each Fund, an estimated value, defined
in Nasdaq Rule 5735(c)(3) as the ``Intraday Indicative Value,'' \26\
will be available on the NASDAQ OMX Information LLC proprietary index
data service,\27\ and will be updated and widely disseminated by one or
more major market data vendors and broadly displayed at least every 15
seconds during the Regular Market Session.\28\ On each business day,
before commencement of trading in Shares in the Regular Market Session
on the Exchange, each Fund will disclose on its Web site the Disclosed
Portfolio, as defined in Nasdaq Rule 5735(c)(2), that will form the
basis for each Fund's calculation of NAV at the end of the business
day.\29\
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    \25\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
    \26\ According to the Exchange, the Intraday Indicative Value
for each Fund will reflect an estimated intraday value of such
Fund's portfolio (including the Subsidiary's portfolio) and will be
based upon the current value for the components of a Disclosed
Portfolio.
    \27\ Currently, the NASDAQ OMX Global Index Data Service
(``GIDS'') is the NASDAQ OMX global index data feed service. The
Exchange represents that GIDS offers real-time updates, daily
summary messages, and access to widely followed indexes and Intraday
Indicative Values for ETFs, and that GIDS provides investment
professionals with the daily information needed to track or trade
NASDAQ OMX indexes, listed ETFs, or third-party partner indexes and
ETFs
    \28\ See Nasdaq Rule 4120(b)(4) (describing the three trading
sessions on the Exchange: (1) Pre-Market Session from 4:00 a.m. to
9:30 a.m., Eastern Time; (2) Regular Market Session from 9:30 a.m.
to 4:00 p.m. or 4:15 p.m., Eastern Time; and (3) Post-Market Session
from 4:00 p.m. or 4:15 p.m. to 8:00 p.m., Eastern Time).
    \29\ The Disclosed Portfolio will include, as applicable, the
names, quantity, percentage weighting and market value of securities
and other assets held by a Fund and the Subsidiary and the
characteristics of such assets. The Web site and information will be
publicly available at no charge.
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    The Funds' administrator will calculate each Fund's NAV as of the
close of trading (normally 4:00 p.m., Eastern Time) on each day Nasdaq
is open for business.\30\ Information regarding market price and
trading volume of the Shares will be continually available on a real-
time basis throughout the day on brokers' computer screens and other
electronic services. Information regarding the previous day's closing
price and trading volume information for the Shares will be published
daily in the financial section of newspapers. Quotation and last-sale
information for any underlying exchange-traded instruments (including
ETFs, ETNs, and Commodity Pools) will also be available via the quote
and trade service of their respective primary exchanges, as well as in
accordance with the Unlisted Trading Privileges and the Consolidated
Tape Association plans. Quotation and last-sale information for any
underlying Commodities will be available via the quote and trade
service of their respective primary exchanges. Pricing information
related to U.S. government securities, money market mutual funds,
commercial paper, and other short-term investments held by a Fund or
its Subsidiary will be available through publicly available quotation
services, such as Bloomberg, Markit, and Thomson Reuters. The Funds'
Web site (www.invescopowershares.com), which will be publicly available
prior to the public offering of Shares, will include a form of the
prospectus for each Fund and additional data relating to NAV and other
applicable quantitative information.\31\
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    \30\ NAV per Share will be calculated for a Fund by taking the
market price of such Fund's total assets, including interest or
dividends accrued but not yet collected, less all liabilities,
dividing such amount by the total number of Shares outstanding,
rounded to the nearest cent (although creations and redemptions will
be processed using a price denominated to the fifth decimal point,
meaning that rounding to the nearest cent may result in different
prices in certain circumstances). All valuations will be subject to
review by the Board or its delegate. Expenses will be accrued and
applied daily and securities and other assets for which market
quotations are readily available will be valued at market value.
Securities listed or traded on an exchange generally will be valued
at the last sales price or official closing price that day as of the
close of the exchange where the security primarily is traded.
Commodities will be valued at the closing price in the market where
such contracts are principally traded. Investment company shares
will be valued at net asset value, unless the shares are exchange-
traded, in which case they will be valued at the last sale or
official closing price on the market on which they primarily trade.
ETNs will be valued at the last sale or official closing price on
the market on which they primarily trade. Commodity Pools will be
valued at the last sale or official closing price on the market on
which they primarily trade. U.S. government securities will be
valued at the mean price provided by a third party vendor for U.S.
government securities. Short term money market instruments, cash and
cash equivalents (including corporate commercial paper, negotiable
obligations of commercial banks, fixed time deposits, bankers
acceptances and similar securities) will be valued in accordance
with the Trust's valuation policies and procedures approved by the
Board. A Fund's investment in its Subsidiary will be valued by
aggregating the value of the Subsidiary's underlying holdings, and
they, in turn, will be valued as discussed above.
    \31\ The Funds' Web site will include the Share's ticker, CUSIP
and exchange information along with additional quantitative
information updated on a daily basis, including, for each Fund: (1)
Daily trading volume, the prior business day's reported NAV and
closing price, 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 and discount of the Bid/Ask Price against the NAV; and
(2) data in chart format displaying the frequency distribution of
discounts and premiums of the daily Bid/Ask Price against the NAV,
within appropriate ranges, for each of the four previous calendar
quarters.
---------------------------------------------------------------------------

    The Commission further believes that the proposal to list and trade
the Shares

is reasonably designed to promote fair disclosure of information that
may be necessary to price the Shares appropriately and to prevent
trading when a reasonable degree of transparency cannot be assured. The
Exchange will obtain a representation from the issuer of the Shares
that the NAV per Share will be calculated daily and that the NAV and
the Disclosed Portfolio will be made available to all market
participants at the same time. Nasdaq will halt trading in the Shares
under the conditions specified in Nasdaq Rules 4120 and 4121, including
the trading pause provisions under Nasdaq Rules 4120(a)(11) and (12).
Trading in the Shares may be halted because of market conditions or for
reasons that, in the view of the Exchange, make trading in a Fund's
Shares inadvisable,\32\ and trading in the Shares will be subject to
Nasdaq Rule 5735(d)(2)(D), which sets forth additional circumstances
under which trading in Shares of a Fund may be halted. The Exchange
states that it has a general policy prohibiting the distribution of
material, non-public information by its employees. Further, the
Commission notes that the Reporting Authority, as defined in Nasdaq
Rule 5735(c)(4), that provides the Disclosed Portfolio must implement
and maintain, or be subject to, procedures designed to prevent the use
and dissemination of material, non-public information regarding the
actual components of the portfolio.\33\ In addition, the Exchange
states that, while the Adviser is not registered as a broker-dealer,
the Adviser is affiliated with a broker-dealer and has implemented a
fire wall with respect to that broker-dealer regarding access to
information concerning the composition of, or changes to, the
portfolio, and that personnel who make decisions on each Fund's
portfolio composition will be subject to procedures designed to prevent
the use and dissemination of material non-public information regarding
each Fund's portfolio.\34\
---------------------------------------------------------------------------

    \32\ These reasons may include: (1) The extent to which trading
is not occurring in the securities and other assets constituting the
Disclosed Portfolio of a Fund and the applicable Subsidiary; or (2)
whether other unusual conditions or circumstances detrimental to the
maintenance of a fair and orderly market are present. With respect
to trading halts, the Exchange may consider all relevant factors in
exercising its discretion to halt or suspend trading in the Shares
of a Fund.
    \33\ See Nasdaq Rule 5735(d)(2)(B)(ii).
    \34\ See supra note 6. The Exchange states that an investment
adviser to an open-end fund is required to be registered under the
Investment Advisers Act of 1940 (``Advisers Act''). As a result, the
Adviser and its related personnel are subject to the provisions of
Rule 204A-1 under the Advisers Act relating to codes of ethics. This
Rule requires investment advisers to adopt a code of ethics that
reflects the fiduciary nature of the relationship to clients, as
well as compliance with other applicable securities laws.
Accordingly, procedures designed to prevent the communication and
misuse of non-public information by an investment adviser must be
consistent with Rule 204A-1 under the Advisers Act. In addition,
Rule 206(4)-7 under the Advisers Act makes it unlawful for an
investment adviser to provide investment advice to clients unless
such investment adviser has (i) adopted and implemented written
policies and procedures reasonably designed to prevent violation, by
the investment adviser and its supervised persons, of the Advisers
Act and the Commission rules adopted thereunder; (ii) implemented,
at a minimum, an annual review regarding the adequacy of the
policies and procedures established pursuant to subparagraph (i)
above and the effectiveness of their implementation; and (iii)
designated an individual (who is a supervised person) responsible
for administering the policies and procedures adopted under
subparagraph (i) above.
---------------------------------------------------------------------------

    The Exchange represents that trading in the Shares will be subject
to the existing trading surveillances, administered by both Nasdaq and
the Financial Industry Regulatory Authority (``FINRA'') on behalf of
the Exchange, which are designed to detect violations of Exchange rules
and applicable federal securities laws.\35\ In addition, the Exchange
may obtain information from the Trade Reporting and Compliance Engine
(``TRACE''), which is the FINRA-developed vehicle that facilitates
mandatory reporting of over-the-counter secondary market transactions
in eligible fixed income securities. Prior to the commencement of
trading, the Exchange states that it will inform its members in an
Information Circular of the special characteristics and risks
associated with trading the Shares.
---------------------------------------------------------------------------

    \35\ The Exchange states that FINRA surveils trading on the
Exchange pursuant to a regulatory services agreement and that the
Exchange is responsible for FINRA's performance under this
regulatory services agreement.
---------------------------------------------------------------------------

    The Exchange represents that the Shares are deemed to be equity
securities, thus rendering trading in the Shares subject to the
Exchange's existing rules governing the trading of equity securities.
In support of this proposal, the Exchange has made the following
representations:
    (1) The Shares will conform to the initial and continued listing
criteria applicable to Managed Fund Shares, as set forth under Rule
5735.
    (2) The Exchange has appropriate rules to facilitate transactions
in the Shares during all trading sessions.
    (3) Trading in the Shares will be subject to the existing trading
surveillances, administered by both Nasdaq and FINRA, on behalf of the
Exchange, which are designed to detect violations of Exchange rules and
applicable federal securities laws, and that these procedures are
adequate to properly monitor Exchange trading of the Shares in all
trading sessions and to deter and detect violations of Exchange rules
and applicable federal securities laws. FINRA, on behalf of the
Exchange, will communicate as needed regarding trading in the Shares,
Commodities, ETFs, ETNs, and Commodity Pools held by a Fund or a Fund's
Subsidiary, as applicable, with other markets and other entities that
are members of the ISG,\36\ and FINRA may obtain trading information
regarding trading in the Shares, Commodities, ETFs, ETNs, and Commodity
Pool held by such Fund, or its Subsidiary, as applicable, from such
markets and other entities. In addition, the Exchange may obtain
information regarding trading in the Shares, Commodities, ETFs, ETNs,
and Commodity Pools held by a Fund or its respective Subsidiary from
markets and other entities that are members of ISG, which includes
securities and futures exchanges, or with which the Exchange has in
place a comprehensive surveillance sharing agreement. FINRA, on behalf
of the Exchange, is also able to access, as needed, trade information
for certain fixed income securities held by a Fund reported to FINRA's
TRACE.
---------------------------------------------------------------------------

    \36\ For a list of the current members of ISG, see
www.isgportal.org. The Exchange notes that not all components of the
Disclosed Portfolio may trade on markets that are members of ISG or
with which the Exchange has in place a comprehensive surveillance
sharing agreement.
---------------------------------------------------------------------------

    (4) All of the exchange-traded securities held by a Fund will be
traded in a principal trading market that is a member of ISG or a
market with which the Exchange has a comprehensive surveillance sharing
agreement. With respect to Commodities held indirectly through a
Subsidiary, not more than 10% of the weight of such Commodities, in the
aggregate, shall consist of instruments whose principal trading market
is not a member of ISG or a market with which the Exchange does not
have a comprehensive surveillance sharing agreement.
    (5) Prior to the commencement of trading, the Exchange will inform
its members in an Information Circular of the special characteristics
and risks associated with trading the Shares. Specifically, the
Information Circular will discuss the following: (a) The procedures for
purchases and redemptions of Shares in creation units (and that Shares
are not individually redeemable); (b) Nasdaq Rule 2111A, which imposes
suitability obligations on Nasdaq members with respect to recommending
transactions in the Shares to customers; (c) how and by whom
information regarding the Intraday Indicative Value and Disclosed
Portfolio is disseminated, including

how it is made available and by whom; (d) the risks involved in trading
the Shares during the Pre-Market and Post-Market Sessions when an
updated Intraday Indicative Value will not be calculated or publicly
disseminated; (e) the requirement that members deliver a prospectus to
investors purchasing newly issued Shares prior to or concurrently with
the confirmation of a transaction; and (f) trading information.
    (6) For initial and continued listing, each Fund and its respective
Subsidiary must be in compliance with Rule 10A-3 under the Act.\37\
---------------------------------------------------------------------------

    \37\ See 17 CFR 240.10A-3.
---------------------------------------------------------------------------

    (7) Each Fund may hold up to an aggregate amount of 15% of its net
assets in illiquid assets (calculated at the time of investment). Each
Fund will monitor its portfolio liquidity on an ongoing basis to
determine whether, in light of current circumstances, an adequate level
of liquidity is being maintained, and will consider taking appropriate
steps in order to maintain adequate liquidity if, through a change in
values, net assets, or other circumstances, more than 15% of a Fund's
net assets are held in illiquid assets.
    (8) No Fund will invest directly in Commodities. However, each Fund
expects to gain significant exposure to Commodities indirectly by
investing directly in the applicable Subsidiary. Each Fund's investment
in its applicable Subsidiary may not exceed 25% of such Fund's total
assets at each quarter end of such Fund's fiscal year. Each Fund and
the applicable Subsidiary will not invest in any non-U.S. equity
securities (other than shares of the Subsidiary).
    (9) No Fund or Subsidiary will invest directly in physical
commodities.
    (10) Each Fund's Subsidiary will invest in Commodities. The
Commodities generally will be components of the Benchmark for each
Fund, but each Subsidiary also may invest in Commodities that are
outside of the Benchmark.
    (11) Each Fund's and its respective Subsidiary's investments will
be consistent with that Fund's investment objectives. In pursuing its
investment objective, a Fund may utilize instruments that have a
leveraging effect on that Fund. Any instance of effective leverage will
be covered in accordance with guidance promulgated by the Commission
and its staff. Each Fund does not presently intend to engage in any
form of borrowing for investment purposes, and will not be operated as
``leveraged ETFs, i.e., it will not be operated in a manner designed to
seek a multiple of the performance of an underlying reference index.
    (12) A minimum of 100,000 Shares of each Fund will be outstanding
at the commencement of trading on the Exchange.
    This approval order is based on all of the Exchange's
representations, including those set forth above and in the Notice, and
the Exchange's description of the Funds.
    For the foregoing reasons, the Commission finds that the proposed
rule change is consistent with Section 6(b)(5) of the Act \38\ and the
rules and regulations thereunder applicable to a national securities
exchange.
---------------------------------------------------------------------------

    \38\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\39\ that the proposed rule change (SR-NASDAQ-2014-080), as
modified by Amendment No. 1 thereto, be, and it hereby is, approved.
---------------------------------------------------------------------------

    \39\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\40\
---------------------------------------------------------------------------

    \40\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Brent J. Fields,
Secretary.
[FR Doc. 2014-26229 Filed 11-4-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 159 (Monday, August 17, 2020)]
[Notices]
[Page 50019]
[FR Doc No: 2020-17917]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP20-479-000]

Northern Natural Gas Company; Notice of Schedule for
Environmental Review of The 2021 Auburn A-Line Abandonment and Capacity
Replacement Project

    On June 11, 2020, Northern Natural Gas Company (Northern) filed an
application in Docket No. CP20-479-000 requesting abandonment
authorization and a Certificate of Public Convenience and Necessity
pursuant to Section 7(b) and 7(c) of the Natural Gas Act to abandon,
construct, and operate certain natural gas pipeline facilities in
Lancaster, Otoe, Johnson, and Nemaha counties, Nebraska. The proposed
project is known as the 2021 Auburn A-Line Abandonment and Capacity
Replacement Project (Project), and Northern states it would modernize
Northern's pipeline system, improve reliability, and enable safer long-
term operation of the system.
    On June 25, 2020, the Federal Energy Regulatory Commission
(Commission or FERC) issued its Notice of Application for the Project.
Among other things, that notice alerted agencies issuing federal
authorizations of the requirement to complete all necessary reviews and
to reach a final decision on a request for a federal authorization
within 90 days of the date of issuance of the Commission staff's
Environmental Assessment (EA) for the Project. This instant notice
identifies the FERC staff's planned schedule for the completion of the
EA for the Project.

Schedule for Environmental Review

Issuance of EA December 11, 2020
90-day Federal Authorization Decision Deadline March 11, 2021

    If a schedule change becomes necessary, additional notice will be
provided so that the relevant agencies are kept informed of the
Project's progress.

Project Description

    Northern proposes to abandon in-place 31.7 miles of 4- to 6-inch-
diameter A-line in Lancaster, Otoe, Johnson, and Nemaha counties,
Nebraska. In addition, Northern proposes to construct and operate about
4.4 miles of new 8-inch-diameter pipeline and install a launcher and a
regulation station in Lancaster and Otoe counties, Nebraska.

Background

    On July 24, 2020, the Commission issued a Notice of Intent to
Prepare an Environmental Assessment for the Proposed 2021 Auburn A-Line
Abandonment and Capacity Replacement Project and Request for Comments
on Environmental Issues (NOI). The NOI was sent to affected landowners;
federal, state, and local government agencies; elected officials;
environmental and public interest groups; Native American tribes; other
interested parties; and local libraries and newspapers. All substantive
comments will be addressed in the EA.

Additional Information

    In order to receive notification of the issuance of the EA and to
keep track of all formal issuances and submittals in specific dockets,
the Commission offers a free service called eSubscription. This can
reduce the amount of time you spend researching proceedings by
automatically providing you with notification of these filings,
document summaries, and direct links to the documents. Go to https://www.ferc.gov/ferc-online/overview to register for eSubscription.
    Additional information about the Project is available from the
Commission's Office of External Affairs at (866) 208-FERC or on the
FERC website (www.ferc.gov). Using the eLibrary link, select General
Search from the eLibrary menu, enter the selected date range and Docket
Number excluding the last three digits (i.e., CP20-479), and follow the
instructions. For assistance with access to eLibrary, the helpline can
be reached at<PHONE_NUMBER>, TTY<PHONE_NUMBER>, or at
<EMAIL_ADDRESS>The eLibrary link on the FERC website also
provides access to the texts of formal documents issued by the
Commission, such as orders, notices, and rule makings.

    Dated: August 11, 2020.
Kimberly D. Bose,
Secretary.

[FR Doc. 2020-17917 Filed 8-14-20; 8:45 am]
BILLING CODE 6717-01-P


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[Federal Register: October 14, 2008 (Volume 73, Number 199)]
[Notices]
[Page 60683-60684]
[DOCID:fr14oc08-42]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings, 1

October 03, 2008.
    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC02-91-003, EL02-105-003.
    Applicants: UBS AG.
    Description: Request for Clarification of UBS AG.
    Filed Date: 06/30/2008.
    Accession Number: 20080630-5158.
    Comment Date: 5 p.m. Eastern Time on Tuesday, October 14, 2008.
    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER08-1522-000.
    Applicants: WG Energy, LLC.
    Description: WG Energy, LLC submits petition for acceptance of
initial tariff, waivers and blanket authority and requests acceptance
of FERC Electric Tariff, Original Volume 1.
    Filed Date: 09/30/2008.
    Accession Number: 20081003-0101.
    Comment Date: 5 p.m. Eastern Time on Tuesday, October 21, 2008.

    Docket Numbers: ER08-1542-000.
    Applicants: U.S. Gas and Electric, Inc.
    Description: U.S. Gas and Electric, Inc. submits a motion to
withdraw filing.
    Filed Date: 10/02/2008.
    Accession Number: 20081003-0219.
    Comment Date: 5 p.m. Eastern Time on Thursday, October 23, 2008.

    Docket Numbers: ER08-1584-001.
    Applicants: Black Hills Power, Inc.
    Description: Black Hills Power, Inc. submits a supplement to their
September 29th filing to submit affidavits from Alan C. Heintz and
William E. Avera verifying their respective testimonies.
    Filed Date: 10/01/2008.
    Accession Number: 20081003-0048.
    Comment Date: 5 p.m. Eastern Time on Wednesday, October 22, 2008.

    Docket Numbers: ER09-1-000.
    Applicants: Majestic Wind Power LLC.
    Description: Majestic Wind Power LLC requesting that the FERC
accept for filing Applicant's FERC Electric Tariff, Original Volume 1
etc.
    Filed Date: 10/01/2008.
    Accession Number: 20081003-0104.
    Comment Date: 5 p.m. Eastern Time on Wednesday, October 22, 2008.

    Docket Numbers: ER09-2-000.
    Applicants: Butler Ridge, LLC.
    Description: Butler Ridge, LLC requests FERC accept for filing
their FERC Electric Tariff, Original Volume 1 etc.
    Filed Date: 10/01/2008.
    Accession Number: 20081003-0105.
    Comment Date: 5 p.m. Eastern Time on Wednesday, October 22, 2008.

    Docket Numbers: ER09-3-000.
    Applicants: Wessington Wind I LLC.
    Description: Wessington Wind I LLC submits an application for FERC
Electric Tariff, Original Volume No. 1 etc.
    Filed Date: 10/01/2008.
    Accession Number: 20081003-0102.
    Comment Date: 5 p.m. Eastern Time on Wednesday, October 22, 2008.

    Docket Numbers: ER09-4-000.
    Applicants: Krayn Wind LLC.
    Description: Petition of Krayn Wind LLC for a Order Accepting
Market-Based Rate Tariff for Filing and Granting Waivers and Blanket
Approvals, effective 11/1/08.
    Filed Date: 10/01/2008.
    Accession Number: 20081003-0103.
    Comment Date: 5 p.m. Eastern Time on Wednesday, October 22, 2008.

    Docket Numbers: ER09-6-000.
    Applicants: Wisconsin Power and Light Company.
    Description: Wisconsin Power and Light Co submits proposed
additions to their book depreciation rates to reflect new wind electric
generation production plant.
    Filed Date: 10/01/2008.
    Accession Number: 20081003-0106.
    Comment Date: 5 p.m. Eastern Time on Wednesday, October 22, 2008.

    Docket Numbers: ER09-7-000.
    Applicants: Southwest Power Pool, Inc.

    Description: Southwest Power Pool, Inc submits two executed Service
Agreements for Resale, Reassignment or Transfer etc.
    Filed Date: 10/01/2008.
    Accession Number: 20081003-0107.
    Comment Date: 5 p.m. Eastern Time on Wednesday, October 22, 2008.

    Docket Numbers: ER09-8-000.
    Applicants: Southern Company Services, Inc.
    Description: Alabama Power Co et al submit an Informational Filing
in order to update the cost components under their Open Access
Transmission Tariff (FERC Electric Tariff, Fourth Revised Volume 5).
    Filed Date: 10/01/2008.
    Accession Number: 20081003-0108.
    Comment Date: 5 p.m. Eastern Time on Wednesday, October 22, 2008.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. 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. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St. NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>
or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
 [FR Doc. E8-24246 Filed 10-10-08; 8:45 am]

BILLING CODE 6717-01-P


6/8/07 DRAFT

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

HUMAN STUDIES REVIEW BOARD (HSRB)

JUNE 27-29, 2007 *

PUBLIC MEETING

Wednesday, June 27, 2007

Environmental Protection Agency

Conference Center - Lobby Level

One Potomac Yard (South Bldg.)

2777 S. Crystal Drive

 Arlington, VA 22202

HSRB WEB SITE   http://www.epa.gov/osa/hsrb/

Docket Telephone:<PHONE_NUMBER>

Docket Number: EPA-HQ-ORD-2007-0403

( 8:30 AM	Convene Meeting and Identification of Board Members – Celia
Fisher, Ph.D. (HSRB Chair)

( 8:45 AM	Welcome – George Gray, Ph.D. (EPA Science Advisor)

( 8:55 AM	Opening Remarks – Debbie Edwards, Ph.D. (Director, Office of
Pesticide Programs, [OPP])

( 9:05 AM	Meeting Administrative Procedures - Paul Lewis, Ph.D.
(Designated Federal Officer [DFO], HSRB, OSA, EPA)

( 9:10 AM	Meeting Process – Celia Fisher, Ph.D. (HSRB Chair)

( 9:20 AM	EPA Follow-up on HSRB Recommendations – Mr. William Jordan
(EPA, OPP)

Review of Draft April 18-20, 2007 HSRB Report

( 9:40 AM	Board Discussion and Decision on Report – Celia Fisher,
Ph.D. (HSRB Chair)

Completed Repellent Efficacy Studies: IR3535 Aerosol (EMD-003.3 and
EMD-004.3)

Carroll-Loye Mosquito Repellent Efficacy Protocol WPC-001

Research Conducted After April 7, 2006: Meaning of “Substantial
Compliance” with 40 CFR Part 26

	Completed Patch Test Studies

Framework for Developing Best Practices for Subject Recruitment for
Handler Exposure Research

Follow-up on AHETF and AEATF Protocols

( 11:00 AM	Break

( 11:15 AM	Public Comments

( 11:30 AM	Summary and Next Steps - Celia Fisher, Ph.D. (HSRB Chair) and
Paul Lewis, Ph.D. (Designated Federal Officer, HSRB, EPA)

Carroll-Loye Picaridin Mosquito Repellency Protocol LNX-001

( 11:40 AM	Science and Ethics of Carroll-Loye Protocol –Mr. Kevin
Sweeney (OPP, EPA) and Mr. John Carley (OPP, EPA)

( 12:20 PM	Lunch

( 1:30 PM	Public Comments

( 2:00 PM	Board Discussion

a. 	If the proposed research described in Protocol LNX-001 from
Carroll-Loye Biological Research is revised as suggested in EPA’s
review, does the research appear likely to generate scientifically
reliable data, useful for assessing the efficacy of the test substances
for repelling mosquitoes?

b. 	If the proposed research described in Protocol LNX-001 from
Carroll-Loye Biological Research is revised as suggested in EPA’s
review, does the research appear to meet the applicable requirements of
40 CFR part 26, subparts K and L?

ICR Picaridin Mosquito Repellency Protocol

( 2:45 PM	Science and Ethics of ICR Protocol –Mr. Kevin Sweeney. (OPP,
EPA) and Mr. John Carley (OPP, EPA)

( 3:45 PM	Public Comments

( 4:15 PM	Break

( 4:30 PM	Board Discussion

a. 	If the proposed research described in ICR’s proposed picaridin
protocol is revised as suggested in EPA’s review, does the research
appear likely to generate scientifically reliable data, useful for
assessing the efficacy of the test substances for repelling mosquitoes?

b. 	If the proposed research described in ICR’s proposed picaridin
protocol is revised as suggested in EPA’s review, does the research
appear to meet the applicable requirements of 40 CFR part 26, subparts K
and L?

( 5:30 PM	Adjournment

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

HUMAN STUDIES REVIEW BOARD (HSRB)

JUNE 27-29, 2007 *

PUBLIC MEETING

Thursday, June 28, 2007

Environmental Protection Agency

Conference Center - Lobby Level

One Potomac Yard (South Bldg.)

2777 S. Crystal Drive

 Arlington, VA 22202

( 8:30 AM	Convene Meeting – Celia Fisher, Ph.D. (HSRB Chair)

( 8:40 AM	Follow-up From Previous Day’s Discussion – Mr. William
Jordan (OPP, EPA)

Acrolein

( 8:50 AM	Acrolein – Abdallah Khasawinah, Ph.D. (OPP, EPA) and Mr.
John Carley (OPP, EPA)

( 9:45 AM	Public Comments

( 10:15 AM	Break

( 10:30 AM	Board Discussion

a.  	The Agency has concluded that this study contains information
sufficient for assessing human risk resulting from potential acute
inhalation exposure.  Please comment on whether the study is
sufficiently sound, from a scientific perspective, to be used to
estimate a safe level of acute inhalation exposure to acrolein.

b. Please comment on the following:

(1) Is there clear and convincing evidence that the conduct of the study
was fundamentally unethical?

(2) Is there clear and convincing evidence that the conduct of the study
was significantly deficient relative to the ethical standards prevailing
at the time the research was conducted?

4-Amino Pyridine

( 11:30 AM	4-Amino Pyridine – Abdallah Khasawinah, Ph.D. (OPP, EPA)
and Mr. John Carley (OPP, EPA)

( 12:15 PM	Public Comments

( 12:30 PM	Lunch

( 1:30 PM	Board Discussion

a.The Agency’s weight-of-evidence (WOE) document for 4-aminopyridine
describes the study design and results of three clinical trials
(Grijalva et al. 2003, Segal et al. 1999, and Van Diemen et al. 1993).
The WOE document also discusses the Agency’s conclusion that these
studies provide sufficient information to establish a point of departure
for the assessment of the risk to humans resulting from all potential
durations of exposure to 4-AP.  Please comment on whether the studies
are sufficiently sound, from a scientific perspective, to be used to
derive a point of departure for estimating risk to humans from exposure
to 4-AP.

b.	Please comment on the following:

(1) Is there clear and convincing evidence that the conduct of any of
the clinical studies was fundamentally unethical?

(2) Is there clear and convincing evidence that the conduct of any of
the clinical studies was significantly deficient relative to the ethical
standards prevailing at the time the research was conducted?

( 2:30 PM	Break

AEATF and AHETF Research Programs

	Introduction

( 2:45 PM	EPA Presentation - William Jordan (EPA, OPP)

	Overview / Risks and Benefits of Handler Research

( 2:50 PM	EPA Presentation –  Mr. John Carley (OPP, EPA)

( 3:30 PM	Public Comments

( 3:45 PM	Board Discussion

Risks and Benefits of Handler Research

1). Will the Task Forces’ Governing Documents considered in
conjunction with the additional study- and scenario-specific information
specified above provide an adequate basis for assessing whether the
risks of conducting a particular study are justified by the expected
benefits of the proposed research?  If not, what additional information
should be provided for an IRB, EPA, and the HSRB?

	Addressing Potential Sources of Underestimation Bias/QA and QC Controls

( 5:00 PM	EPA Presentation – Mr. Jeff Dawson (OPP, EPA)

( 5:30 PM	Public Comments

( 5:45 PM	Adjournment

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

HUMAN STUDIES REVIEW BOARD (HSRB)

JUNE 27-29, 2007 *

PUBLIC MEETING

Friday, June 29, 2007

Environmental Protection Agency

Conference Center - Lobby Level

One Potomac Yard (South Bldg.)

2777 S. Crystal Drive

 Arlington, VA 22202

( 8:30 AM	Convene Meeting – Celia Fisher, Ph.D. (HSRB Chair)

( 8:40 AM	Follow-up From Previous Day’s Discussion – Mr. William
Jordan (OPP, EPA)

AEATF and AHETF Research Programs:

	Addressing Potential Sources of Underestimation Bias; QA and QC
Controls (continued)

( 8:50 AM	Board Discussion

Addressing Potential Sources of Underestimation Bias

1) Has EPA appropriately characterized the limitations on the scientific
usefulness of a handler database that does not include data
characterizing the efficiency of residue removal procedures?  If not,
what limitations have been overlooked?

2) Has EPA identified the relevant scientific and practical
considerations affecting the choice to include biomonitoring, and has
EPA appropriately characterized the limitations on the scientific
usefulness of the resulting data if no biomonitoring is conducted?  If
not, what other considerations should bear on a decision to conduct
biomonitoring in addition to WBD?

	QA/QC Controls

1) Do the Task Forces’ Standard Operating Procedures appear adequate
to ensure that the data resulting from the proposed research will be of
high quality?  If not, what other Quality Assurance or Quality Control
procedures need to be addressed?

( 10:00 AM	Break

	Design of Scenario-Level Sampling; Statistical Justification of Number
of Clusters; and Monitoring Units and Within Worker Variability

( 10:15 AM	EPA Presentation – Mr. David Miller (OPP, EPA)

( 11:00 AM	Public Comments

( 11:15 AM	Board Discussion

Design of Scenario-Level Sampling

With regard to the AHETF and AEATF plans to conduct their proposed
handler research using purposive diversity sampling strategies:

1) Has EPA identified the relevant scientific and practical
considerations affecting the choice of a strategy for sample selection?
If not, what other considerations should bear on the choice?

2) Does the HSRB agree with EPA that the Task Forces should provide
scenario-specific information about the availability of data to identify
significant variables (other than AaiH) potentially influencing exposure
and about the feasibility of developing a sampling strategy to address
those variables quantitatively?   If not, what additional information is
needed?

3) Has EPA appropriately characterized the limitations on the scientific
usefulness of the resulting data attributable to the choice of the
sampling strategy?  If not, what has EPA

overlooked?

Statistical Justification of Number of Clusters

What additional information, if any, would the HSRB need to assess the
adequacy of the justification for the number of clusters and number of
MUs in specific AHETF and AEATF study proposals?

Within-Worker Variability

1. Has EPA appropriately characterized the limitations on the scientific
usefulness of a database that does not include repeated measures?  If
not, what limitations has EPA overlooked?

( 12:15 PM	Lunch

	Subject Recruitment and Enrollment Issues

( 1:15 PM	EPA Presentation - Mr. John Carley (OPP, EPA)

( 1:45 PM	Public Comments

( 2:00 PM	Board Discussion

1. Does the Board agree that the Governing Documents and associated SOPs
of the AHETF and AEATF research programs include comprehensive and
appropriate protections for human subjects of the research?  If not,
what has been overlooked?

2. In singling out the handling of language differences as an area
requiring further refinement, has EPA overlooked other areas in need of
revision?  If so, what?

( 3:00 PM	Adjournment

Please be advised that agenda times are approximate and subject to
change. For further information, please contact the Designated Federal
Officer for this meeting, Paul Lewis via telephone:<PHONE_NUMBER> or
email:   HYPERLINK<EMAIL_ADDRESS><EMAIL_ADDRESS>

  PAGE  1  of   NUMPAGES  7


[Federal Register: January 22, 2009 (Volume 74, Number 13)]
[Rules and Regulations]
[Page 3963-3965]
[DOCID:fr22ja09-1]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.

========================================================================

DEPARTMENT OF TRANSPORTATION

14 CFR Part 97

[Docket No. 30646; Amdt. No. 3303]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This rule establishes, amends, suspends, or revokes Standard
Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums
and Obstacle Departure Procedures for operations at certain airports.
These regulatory actions are needed because of the adoption of new or
revised criteria, or because of changes occurring in the National
Airspace System, such as the commissioning of new navigational
facilities, adding new obstacles, or changing air traffic requirements.
These changes are designed to provide safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective January 22, 2009. The compliance date for
each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of January 22, 2009.

ADDRESSES: Availability of matter incorporated by reference in the
amendment is as follows:
    For Examination-
    1. FAA Rules Docket, FAA Headquarters Building, 800 Independence
Avenue, SW., Washington, DC 20591;
    2. The FAA Regional Office of the region in which the affected
airport is located;
    3. The National Flight Procedures Office, 6500 South MacArthur
Blvd., Oklahoma City, OK 73169, or
    4. The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to:http://www.archives.gov/federal_register/code_of_
federal_regulations/ibr_locations.html.
    Availability-All SIAPs are available online free of charge. Visit
nfdc.faa.gov to register. Additionally, individual SIAP and Takeoff
Minimums and ODP copies may be obtained from:
    1. FAA Public Inquiry Center (APA-200), FAA Headquarters Building,
800 Independence Avenue, SW., Washington, DC 20591; or
    2. The FAA Regional Office of the region in which the affected
airport is located.

FOR FURTHER INFORMATION CONTACT: Harry J. Hodges, Flight Procedure
Standards Branch (AFS-420) Flight Technologies and Programs Division,
Flight Standards Service, Federal Aviation Administration, Mike
Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma
City, OK 73169 (Mail Address: P.O. Box 25082, Oklahoma City, OK 73125)
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends Title 14, Code of Federal
Regulations, part 97 (14 CFR part 97) by amending the referenced SIAPs.
The complete regulatory description of each SIAP is listed on the
appropriate FAA Form 8260, as modified by the National Flight Data
Center (FDC)/Permanent Notice to Airmen (P-NOTAM), and is incorporated
by reference in the amendment under 5 U.S.C. 552(a), 1 CFR part 51, and
Sec.  97.20 of Title 14 of the Code of Federal Regulations.
    The large number of SIAPs, their complex nature, and the need for a
special format make their verbatim publication in the Federal Register
expensive and impractical. Further, airmen do not use the regulatory
text of the SIAPs, but refer to their graphic depiction on charts
printed by publishers of aeronautical materials. Thus, the advantages
of incorporation by reference are realized and publication of the
complete description of each SIAP contained in FAA form documents is
unnecessary. This amendment provides the affected CFR sections and
specifies the types of SIAP and the corresponding effective dates. This
amendment also identifies the airport and its location, the procedure
and the amendment number.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP as amended in the transmittal. For safety and
timeliness of change considerations, this amendment incorporates only
specific changes contained for each SIAP as modified by FDC/P-NOTAMs.
    The SIAPs, as modified by FDC P-NOTAM, and contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these changes to
SIAPs, the TERPS criteria were applied only to specific conditions
existing at the affected airports. All SIAP amendments in this rule
have been previously issued by the FAA in a FDC NOTAM as an emergency
action of immediate flight safety relating directly to published
aeronautical charts. The circumstances which created the need for all
these SIAP amendments requires making them effective in less than 30
days.
    Because of the close and immediate relationship between these SIAPs
and safety in air commerce, I find that notice and public procedure
before adopting these SIAPs are impracticable and contrary to the
public interest and, where applicable, that good cause exists for
making these SIAPs effective in less than 30 days.

Conclusion

    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. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities

under the criteria of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air Traffic Control, Airports, Incorporation by reference, and
Navigation (Air).

    Issued in Washington, DC, on December 26, 2008.
John M. Allen,
Deputy Director, Flight Standards Service.

Adoption of the Amendment

0
Accordingly, pursuant to the authority delegated to me, Title 14, Code
of Federal regulations, part 97, 14 CFR part 97, is amended by amending
Standard Instrument Approach Procedures, effective at 0901 UTC on the
dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120,
44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:
    By amending: Sec.  97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or
TACAN; Sec.  97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; Sec.
97.27 NDB, NDB/DME; Sec.  97.29 ILS, ILS/DME, ISMLS, MLS/DME, MLS/RNAV;
Sec.  97.31 RADAR SIAPs; Sec.  97.33 RNAV SIAPs; and Sec.  97.35 COPTER
SIAPs, Identified as follows:

* * * EFFECTIVE UPON PUBLICATION

--------------------------------------------------------------------------------------------------------------------------------------------------------
        FDC date               State                 City                   Airport           FDC No.                        Subject
--------------------------------------------------------------------------------------------------------------------------------------------------------
12/15/08...............  FM                 KOSRAE ISLAND.........  KOSRAE................       8/4085  TKOF MINS AND OBSTACLE DP, ORIG
12/15/08...............  FM                 KOSRAE ISLAND.........  KOSRAE................       8/4086  NDB/DME-A, ORIG-A
12/15/08...............  FM                 KOSRAE ISLAND.........  KOSRAE................       8/4087  RNAV (GPS) RWY 23, ORIG-A
12/15/08...............  FM                 KOSRAE ISLAND.........  KOSRAE................       8/4088  RNAV (GPS) RWY 5, ORIG-A
12/15/08...............  MH                 MAJURO ATOLL..........  MARSHALL ISLANDS INTL.       8/4089  RNAV (GPS) RWY 7, ORIG-A
12/15/08...............  MH                 MAJURO ATOLL..........  MARSHALL ISLANDS INTL.       8/4093  RNAV (GPS) RWY 25, ORIG-A
12/15/08...............  MH                 MAJURO ATOLL..........  MARSHALL ISLANDS INTL.       8/4095  NDB RWY 25, ORIG-A
12/15/08...............  MH                 MAJURO ATOLL..........  MARSHALL ISLANDS INTL.       8/4096  NDB RWY 7, ORIG-A
12/15/08...............  IN                 MADISON...............  MADISON MUNI..........       8/4113  RNAV (GPS) RWY 3, AMDT 1
12/15/08...............  CQ                 ROTA ISLAND...........  ROTA INTERNATIONAL....       8/4189  TKOF MINS AND OBSTACLE DP, AMDT 1
12/15/08...............  CQ                 ROTA ISLAND...........  ROTA INTERNATIONAL....       8/4190  NDB RWY 9, AMDT 3A
12/15/08...............  CQ                 ROTA ISLAND...........  ROTA INTERNATIONAL....       8/4193  GPS RWY 9, ORIG-B
12/15/08...............  CQ                 ROTA ISLAND...........  ROTA INTERNATIONAL....       8/4194  GPS RWY 27, ORIG-B
12/15/08...............  CQ                 ROTA ISLAND...........  ROTA INTERNATIONAL....       8/4197  NDB RWY 27, AMDT 3B
12/16/08...............  CO                 GUNNISON..............  GUNNISON-CRESTED BUTTE       8/4291  ILS OR LOC/DME RWY 6, AMDT 4
                                                                     REGIONAL.
12/16/08...............  MP                 SAIPAN ISLAND.........  FRANCISCO C. ADA/            8/4297  ILS/DME RWY 7, AMDT 5
                                                                     SAIPAN INTL.
12/16/08...............  MP                 SAIPAN ISLAND.........  FRANCISCO C. ADA/            8/4298  NDB/DME RWY 7, AMDT 3
                                                                     SAIPAN INTL.
12/16/08...............  MP                 SAIPAN ISLAND.........  FRANCISCO C. ADA/            8/4299  TKOF MINS AND OBSTACLE DP, ORIG
                                                                     SAIPAN INTL.
12/16/08...............  MP                 SAIPAN ISLAND.........  FRANCISCO C. ADA/            8/4300  GPS RWY 7, ORIG-A
                                                                     SAIPAN INTL.
12/16/08...............  MP                 SAIPAN ISLAND.........  FRANCISCO C. ADA/            8/4301  GPS RWY 25, AMDT 1A
                                                                     SAIPAN INTL.
12/16/08...............  MP                 SAIPAN ISLAND.........  FRANCISCO C. ADA/            8/4302  NDB/DME RWY 25, AMDT 2
                                                                     SAIPAN INTL.
12/16/08...............  MP                 SAIPAN ISLAND.........  FRANCISCO C. ADA/            8/4303  NDB RWY 7, AMDT 4
                                                                     SAIPAN INTL.
12/16/08...............  GU                 AGANA.................  GUAM INTL.............       8/4323  NDB/DME RWY 24R, ORIG-A
12/16/08...............  GU                 AGANA.................  GUAM INTL.............       8/4324  VOR-A, ORIG-C
12/16/08...............  GU                 AGANA.................  GUAM INTL.............       8/4325  VOR/DME OR TACAN RWY 6L, ORIG-C
12/16/08...............  GU                 AGANA.................  GUAM INTL.............       8/4326  RNAV (RNP) Z RWY 6R, ORIG
12/16/08...............  GU                 AGANA.................  GUAM INTL.............       8/4328  RNAV (GPS) Y RWY 6L, AMDT 1
12/16/08...............  GU                 AGANA.................  GUAM INTL.............       8/4329  RNAV (GPS) Y RWY 24R, AMDT 1
12/16/08...............  GU                 AGANA.................  GUAM INTL.............       8/4330  RNAV (GPS) Y RWY 6R, AMDT 1
12/16/08...............  GU                 AGANA.................  GUAM INTL.............       8/4331  RNAV (RNP) Z RWY 24R, ORIG
12/16/08...............  GU                 AGANA.................  GUAM INTL.............       8/4332  RNAV (RNP) Z RWY 24L, ORIG-A
12/16/08...............  GU                 AGANA.................  GUAM INTL.............       8/4333  ILS OR LOC RWY 6R, ORIG-A
12/16/08...............  GU                 AGANA.................  GUAM INTL.............       8/4334  RNAV (RNP) Z RWY 6L, ORIG-A
12/16/08...............  GU                 AGANA.................  GUAM INTL.............       8/4335  ILS OR LOC RWY 6L, AMDT 3C
12/16/08...............  GU                 AGANA.................  GUAM INTL.............       8/4338  TKOF MINS AND OBSTACLE DP, ORIG
12/16/08...............  GU                 AGANA.................  GUAM INTL.............       8/4339  TACAN RWY 24R, ORIG-A
12/16/08...............  GU                 AGANA.................  GUAM INTL.............       8/4340  RNAV (GPS) Y RWY 24L, AMDT 1
12/17/08...............  CO                 DENVER................  DENVER INTERNATIONAL..       8/4536  ILS RWY 7, AMDT 2
12/18/08...............  CO                 PUEBLO................  PUEBLO MEMORIAL.......       8/4717  ILS RWY 26R, AMDT 13A
12/18/08...............  CO                 PUEBLO................  PUEBLO MEMORIAL.......       8/4718  GPS RWY 17, ORIG-A
12/18/08...............  CO                 PUEBLO................  PUEBLO MEMORIAL.......       8/4719  VOR OR TACAN RWY 26R, AMDT 27
12/18/08...............  CO                 PUEBLO................  PUEBLO MEMORIAL.......       8/4720  ILS RWY 8L, AMDT 22B

12/18/08...............  CA                 SANTA MARIA...........  SANTA MARIA PUB/CAPT G       8/4721  RNAV (GPS) RWY 12, ORIG
                                                                     ALLAN HANCOCK FLD.
12/18/08...............  CA                 SANTA MARIA...........  SANTA MARIA PUB/CAPT G       8/4722  VOR RWY 12, AMDT 14
                                                                     ALLAN HANCOCK FLD.
12/18/08...............  CA                 SANTA MARIA...........  SANTA MARIA PUB/CAPT G       8/4723  LOC/DME BC A, AMDT 10B
                                                                     ALLAN HANCOCK FLD.
12/18/08...............  CO                 PUEBLO................  PUEBLO MEMORIAL.......       8/4724  RNAV (GPS) RWY 26R, AMDT 1A
12/19/08...............  CO                 DURANGO...............  DURANGO-LA PLATA             8/4932  VOR/DME RWY 2, AMDT 4B
                                                                     COUNTY.
12/24/08...............  AK                 HOOPER BAY............  HOOPER BAY............       8/5207  TKOF MINS AND OBSTACLE DP, ORIG
12/24/08...............  AK                 HOOPER BAY............  HOOPER BAY............       8/5208  RNAV (GPS) RWY 31, ORIG-A
12/24/08...............  AK                 HOOPER BAY............  HOOPER BAY............       8/5209  VOR/DME RWY 31, ORIG-A.
12/23/08...............  WA                 SEATTLE...............  SEATTLE-TACOMA INTL...       8/5273  RNAV (GPS) RWY 16C, AMDT 1
12/23/08...............  WA                 SEATTLE...............  SEATTLE-TACOMA INTL...       8/5274  VOR/DME RWY 16L/C, AMDT 14
12/23/08...............  WA                 SEATTLE...............  SEATTLE-TACOMA INTL...       8/5275  RNAV (GPS) RWY 34R, AMDT 1
12/23/08...............  WA                 SEATTLE...............  SEATTLE-TACOMA INTL...       8/5276  RNAV (GPS) RWY 34L, ORIG
12/23/08...............  WA                 SEATTLE...............  SEATTLE-TACOMA INTL...       8/5277  RNAV (GPS) RWY 34C, AMDT 1
12/23/08...............  WA                 SEATTLE...............  SEATTLE-TACOMA INTL...       8/5278  RNAV (GPS) RWY 16R, ORIG
12/23/08...............  WA                 SEATTLE...............  SEATTLE-TACOMA INTL...       8/5279  ILS OR LOC RWY 34R, AMDT 1
12/23/08...............  WA                 SEATTLE...............  SEATTLE-TACOMA INTL...       8/5280  RNAV (GPS) RWY 16L, AMDT 2
12/23/08...............  WA                 SEATTLE...............  SEATTLE-TACOMA INTL...       8/5283  ILS OR LOC RWY 34C, AMDT 2 * * * ILS RWY 34C,
                                                                                (CAT II), AMDT 2
12/23/08...............  WA                 SEATTLE...............  SEATTLE-TACOMA INTL...       8/5284  VOR/DME RWY 34C, AMDT 1
12/23/08...............  WA                 SEATTLE...............  SEATTLE-TACOMA INTL...       8/5285  ILS OR LOC RWY 16R, ORIG * * * ILS RWY 16R,
                                                                                (CAT II), ORIG * * * ILS RWY 16R, (CAT III),
                                                                                ORIG
12/23/08...............  MS                 GULFPORT..............  GULFPORT-BILOXI INTL..       8/5290  RADAR-1, AMDT 6
12/23/08...............  MS                 GULFPORT..............  GULFPORT-BILOXI INTL..       8/5291  VOR/DME OR TACAN RWY 32, AMDT 4
12/23/08...............  MS                 GULFPORT..............  GULFPORT-BILOXI INTL..       8/5293  VOR RWY 32, AMDT 21
12/23/08...............  MS                 GULFPORT..............  GULFPORT-BILOXI INTL..       8/5294  ILS OR LOC/DME RWY 32, AMDT 4
12/23/08...............  MS                 GULFPORT..............  GULFPORT-BILOXI INTL..       8/5295  RNAV (GPS) RWY 32, ORIG
10/24/08...............  NE                 ALLIANCE..............  ALLIANCE MUNI.........       8/6004  RNAV (GPS) RWY 30, ORIG-A
10/24/08...............  NE                 ALLIANCE..............  ALLIANCE MUNI.........       8/6015  LOC/DME RWY 30, ORIG-A
10/24/08...............  NE                 GRANT.................  GRANT MUNI............       8/6020  VOR/DME RWY 15, ORIG-A
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. E9-327 Filed 1-21-09; 8:45 am]

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