[Federal Register Volume 83, Number 66 (Thursday, April 5, 2018)]
[Notices]
[Pages 14698-14703]
[FR Doc No: 2018-06914]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82973; File No. SR-NYSEArca-2017-99]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
of Amendment No. 3 and Order Granting Accelerated Approval of a
Proposed Rule Change, as Modified by Amendment No. 3, To List and Trade
Shares of the Hartford Schroders Tax-Aware Bond ETF Under NYSE Arca
Rule 8.600-E

March 30, 2018.

I. Introduction

    On October 11, 2017, NYSE Arca, Inc. (``Exchange'' or ``NYSE
Arca'') 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 shares (``Shares'') of the
Hartford Schroders Tax-Aware Bond ETF (``Fund'') under NYSE Arca Rule
8.600-E. The proposed

rule change was published for comment in the Federal Register on
October 31, 2017.\3\ On November 21, 2017, the Exchange filed Amendment
No. 1 to the proposed rule change, which replaced and superseded the
proposed rule change as originally filed. On December 14, 2017,
pursuant to Section 19(b)(2) of the Act,\4\ the Commission designated a
longer period within which to approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether to disapprove the proposed rule change.\5\ On January
18, 2018, the Exchange filed Amendment No. 2 to the proposed rule
change, which replaced and superseded the proposed rule change as
modified by Amendment No. 1.\6\ On January 26, 2018, the Commission
published notice of Amendment No. 2 and instituted proceedings under
Section 19(b)(2)(B) of the Act \7\ to determine whether to approve or
disapprove the proposed rule change, as modified by Amendment No. 2.\8\
Thereafter, on January 26, 2018, the Exchange filed Amendment No. 3 to
the proposed rule change, which replaced and superseded the proposed
rule change as modified by Amendment Nos. 1 and 2.\9\ The Commission
has received no comments on the proposed rule change. The Commission is
publishing this notice to solicit comments on Amendment No. 3 from
interested persons, and is approving the proposed rule change, as
modified by Amendment No. 3, on an accelerated basis.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 81944 (October 25,
2017), 82 FR 50461.
    \4\ 15 U.S.C. 78s(b)(2).
    \5\ See Securities Exchange Act Release No. 82323, 82 FR 60455
(December 20, 2017). The Commission designated January 29, 2018 as
the date by which the Commission shall either approve or disapprove,
or institute proceedings to determine whether to disapprove, the
proposed rule change.
    \6\ In Amendment No. 2, the Exchange: (1) Stated that State
Street Bank and Trust Company will serve as transfer agent and
custodian for the Fund; (2) removed certain conditions on the
definition of the ``fire wall'' between the Sub-Adviser and its
broker-dealer subsidiary; (3) represented that personnel who make
decisions on the Fund's portfolio composition must be subject to
procedures designed to prevent the use and dissemination of
material, non-public information regarding the Fund's portfolio; (4)
clarified that cash and cash equivalents are included in the Fund's
principal investments and specified that for purposes of this
filing, cash equivalents are the short-term instruments enumerated
in Commentary .01(c) to NYSE Arca Rule 8.600-E; (5) provided
additional information regarding the Fund's non-principal
investments; (6) specified that restricted securities are included
in the Fund's non-principal investments; (7) added an explanation
regarding the Manager's belief that the creation and redemption
cutoff time (1:00 p.m. Eastern Time) will not have a material impact
on an authorized participant's arbitrage opportunities with respect
to the Fund; (8) added a statement that the Manager represents that,
to the extent the Trust effects the creation or redemption of Shares
wholly or partially in cash, such transactions will be effected in
the same manner for all authorized participants; (9) specified
additional quantitative information relating to the Shares that will
be included on the Fund's website; (10) supplemented the description
of the availability of information for the Fund's investments; (11)
defined the term ``periods of high cash inflows or outflows'' as
used in this filing; (12) added a statement that the Manager
represents that the fixed income weight of the Fund's portfolio,
other than holdings in Municipal Securities, will meet the generic
listing requirements of Commentary .01(b) to NYSE Arca Rule 8.600-E;
(13) stated that the Manager will be the ``Reporting Authority'' for
purposes of NYSE Arca Rule 8.600-E(d)(2)(B)(ii); and (14) made other
clarifications, corrections, and technical changes. Amendment No. 2
is available at https://www.sec.gov/comments/sr-nysearca-2017-99/nysearca201799-2935844-161848.pdf.
    \7\ 15 U.S.C. 78s(b)(2)(B).
    \8\ See Securities Exchange Act Release No. 82592, 83 FR 4704
(February 1, 2018).
    \9\ Amendment No. 3 includes the changes made by Amendment No.
2. In addition, in Amendment No. 3, the Exchange: (1) Removed as
permitted investments of the Fund non-exchange-traded securities of
other registered investment companies (i.e., mutual funds), as well
as convertible and non-convertible preferred stocks traded over-the-
counter (``OTC'') or on U.S. and non-U.S. exchanges; (2) clarified
that the Fund may hold fixed income restricted securities as part of
its non-principal investments; (3) supplemented the description of
the surveillance relating to the Shares; and (4) made other
clarifications, corrections, and technical changes. Amendment No. 3
is available at https://www.sec.gov/comments/sr-nysearca-2017-99/nysearca201799-2965793-161858.pdf.
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II. Description of the Proposal, as Modified by Amendment No. 3 \10\
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    \10\ For more information regarding the Fund and the Shares, see
Amendment No. 3, supra note 9.
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    The Exchange proposes to list and trade Shares of the Fund under
NYSE Arca Rule 8.600-E, which governs the listing and trading of
Managed Fund Shares. The Fund is a series of the Hartford Funds
Exchange-Traded Trust (``Trust''), which is registered with the
Commission as an open-end management investment company.\11\
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    \11\ The Trust is registered under the Investment Company Act of
1940 (``1940 Act''). The Exchange states that on June 26, 2017, the
Trust filed with the Commission its registration statement on Form
N-1A under the Securities Act of 1933 and under the 1940 Act
relating to the Fund (File Nos. 333-215165 and 811-23222). In
addition, the Exchange states that the Commission has issued an
order granting certain exemptive relief to the Trust under the 1940
Act. See Investment Company Act Release No. 32454 (January 27, 2017)
(File No. 812-13828-01).
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    Hartford Funds Management Company, LLC (``Manager'') will be the
investment manager to the Fund, and Schroder Investment Management
North America Inc. (``Sub-Adviser'') will be the sub-adviser to the
Fund and perform the daily investment of the assets for the Fund.\12\
ALPS Distributors, Inc. will be the principal underwriter to the Fund.
State Street Bank and Trust Company will serve as transfer agent and
custodian for the Fund.
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    \12\ According to the Exchange, neither the Manager nor the Sub-
Adviser is registered as a broker-dealer, but each is affiliated
with a broker-dealer. The Exchange states that the Manager and Sub-
Adviser each has implemented and will maintain a ``fire wall'' with
respect to such broker-dealer affiliate regarding access to
information concerning the composition of and/or changes to the
Fund's portfolio. In addition, personnel who make decisions on the
Fund's portfolio composition must be subject to procedures designed
to prevent the use and dissemination of material, non-public
information regarding the Fund's portfolio. In the event (a) the
Manager or Sub-Adviser becomes registered as a broker-dealer or
newly affiliated with a broker-dealer, or (b) any new adviser or
sub-adviser to the Fund is a registered broker-dealer or becomes
affiliated with a broker-dealer, the applicable adviser or sub-
adviser will implement and maintain a fire wall with respect to its
relevant personnel or broker-dealer affiliate regarding access to
information concerning the composition of and/or changes to the
Fund's portfolio, and will be subject to procedures designed to
prevent the use and dissemination of material, non-public
information regarding such portfolio.
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    According to the Exchange, the Fund will seek total return on an
after-tax basis and will seek to achieve its investment objective by
investing in a diversified portfolio of fixed income debt instruments
of varying maturities.\13\
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    \13\ In seeking to achieve the Fund's investment objective, the
Sub-Adviser will employ a tax-aware investing strategy that attempts
to realize total return for shareholders, primarily in the form of
current income and price appreciation, by balancing investment
considerations and tax considerations.
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A. Principal Investments

    Under normal market conditions,\14\ the Fund will invest
principally (that is, more than 50% of its assets) in the U.S. dollar-
denominated fixed income debt instruments described below, and in cash
and cash equivalents.\15\
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    \14\ The term ``normal market conditions'' is defined in NYSE
Arca Rule 8.600-E(c)(5).
    \15\ For purposes of the filing, cash equivalents are the short-
term instruments enumerated in Commentary .01(c) to NYSE Arca Rule
8.600-E.
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    The fixed income debt instruments in which the Fund may invest as
part of its principal investment strategy are securities issued or
guaranteed by the U.S. government and its agencies, government-
sponsored enterprise securities, corporate bonds, agency mortgage-
backed securities (including ``to be announced'' or ``TBA''
transactions), agency asset-backed securities (``ABS''), ``Municipal
Securities'' (as described below), sovereign debt, and debt securities
issued by supranational organizations. They may pay fixed, variable, or
floating interest rates.
    The Fund may invest in the following Municipal Securities: General
obligation bonds, revenue (or limited obligation) bonds, private
activity (or industrial development) bonds, bonds that are
collateralized with agency and/or

treasury securities, municipal notes, municipal lease obligations, and
municipal inverse floaters.

B. Other Investments

    While the Fund, under normal market conditions, will invest
principally in the securities and financial instruments described
above, the Fund may invest its remaining assets in the securities and
financial instruments described below.
    The Fund may invest in U.S. and foreign non-agency ABS, which are
securities backed by a pool of some underlying asset, including but not
limited to home equity loans, installment sale contracts, credit card
receivables, or other assets.
    The Fund may invest in U.S. and foreign non-agency mortgage-related
securities. Mortgage-related securities may be composed of one or more
classes and may be structured either as pass-through securities or
collateralized debt obligations (which include collateralized bond
obligations and collateralized loan obligations).
    The Fund may invest in U.S. exchange-traded closed-end funds and
exchange-traded funds (``ETFs'').\16\
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    \16\ For purposes of the filing, ETFs include Investment Company
Units (as described in NYSE Arca Rule 5.2-E(j)(3)); Portfolio
Depositary Receipts (as described in NYSE Arca Rule 8.100-E); and
Managed Fund Shares (as described in NYSE Arca Rule 8.600-E). The
ETFs all will be listed and traded in the U.S. on registered
exchanges. The Fund will not invest in inverse or leveraged (e.g.,
+2x, -2x) index ETFs.
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    The Fund may engage actively in transactions in derivatives
(futures, options, swaps, and forward rate agreements) as described
below. The Fund will normally use derivatives to supplement the
effective management of its duration profile, to gain exposure to
particular securities or markets, in connection with hedging
transactions, or for purposes of efficient portfolio management,
including managing cash flows or as part of the Fund's risk management
process.
    The Fund may invest in U.S. and foreign exchange-traded and OTC put
and call options. The Fund may engage in options transactions on any
security, index, or instrument in which it may invest.
    The Fund may invest in U.S. and foreign exchange-traded and OTC
currency options.
    The Fund may invest in U.S. and foreign exchange-traded futures
contracts and options on futures contracts with respect to equity and
debt securities, foreign currencies, aggregates of equity and debt
securities (aggregates are composites of equity or debt securities that
are not tied to a commonly known index), interest rates, indices,
commodities, and other financial instruments.
    The Fund may enter into the following U.S. exchange-traded, foreign
exchange-traded, and OTC swaps: Commodity swaps; total return swaps;
currency swaps; credit default swaps (``CDS''); CDS index swaps
(``CDX''); asset swaps; inflation swaps; event-linked swaps; interest
rate swaps; swaps on specific securities or indices; and swaps on rates
(such as mortgage prepayment rates). The Fund may invest in U.S.
exchange-traded and OTC municipal derivatives (i.e., municipal credit
default swaps, municipal market data derivatives, rate locks, caps,
collars, and floors). The Fund may also enter into options on swap
agreements (``swaptions'').\17\
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    \17\ Options on swaps are traded OTC. In the event that there
are exchange-traded options on swaps, the Fund may invest in these
instruments.
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    The Fund may enter into forward rate agreements.
    The Fund may invest in inflation-protected debt securities.
    The Fund may hold fixed income restricted securities, which are
securities that cannot be offered for public resale unless registered
under the applicable securities laws or that have a contractual
restriction that prohibits or limits their resale.\18\
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    \18\ Restricted securities include private placement securities
that have not been registered under the applicable securities laws,
such as Rule 144A securities, and securities of U.S. and non-U.S.
issuers that are issued pursuant to Regulation S.
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    With respect to any of the Fund's investments, the Fund may invest
in when-issued and delayed delivery securities and forward commitments.

C. Investment Restrictions

    The Exchange represents that the Fund's investments will be
consistent with its investment goal and will not be used to provide
multiple returns of a benchmark or to produce leveraged returns.
    With respect to the Fund's investments in Municipal Securities,
under normal market conditions, except for periods of high cash inflows
or outflows,\19\ the Fund will satisfy the following criteria:
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    \19\ ``Periods of high cash inflows or outflows'' as used in the
filing means rolling periods of seven calendar days during which
inflows or outflows of cash, in the aggregate, exceed 10% of the
Fund's net assets as of the opening of business on the first day of
such periods. During such periods, the Fund may depart from its
principal investment strategies; for example, it may hold a higher
than normal proportion of its assets in cash.
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    1. The Fund will have a minimum of 20 non-affiliated issuers;
    2. No single Municipal Securities issuer will account for more than
10% of the weight of the Fund's portfolio;
    3. No individual bond will account for more than 5% of the weight
of the Fund's portfolio;
    4. The Fund will limit its investments in Municipal Securities of
any one state or U.S. territory to 25% of the Fund's total assets,
except that up to and including 40% of the Fund's total assets may be
invested in Municipal Securities of issuers in each of California, New
York, and Texas;
    5. The Fund's investments in Municipal Securities will be
diversified among issuers in at least 10 states and U.S. territories;
and
    6. The Fund will be diversified among a minimum of five different
sectors of the Municipal Securities market.\20\
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    \20\ The Fund's investments in Municipal Securities will include
investments in state and local (e.g., county, city, town) Municipal
Securities relating to such sectors as the following: Airports,
bridges and highways, hospitals, housing, jails, mass
transportation, nursing homes, parks, public buildings, recreational
facilities, school facilities, streets, and water and sewer works.
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    The Exchange states that pre-refunded bonds will be excluded from
the above limits given that they have a high level of credit quality
and liquidity.\21\
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    \21\ The Exchange states that pre-refunded bonds (also known as
refunded or escrow-secured bonds) have a high level of credit
quality and liquidity because the issuer ``pre-refunds'' the bond by
setting aside in advance all or a portion of the amount to be paid
to the bondholders when the bond is called. Generally, an issuer
uses the proceeds from a new bond issue to buy high grade, interest
bearing debt securities, including direct obligations of the U.S.
government, which are then deposited in an irrevocable escrow
account held by a trustee bank to secure all future payments of
principal and interest on the pre-refunded bonds.
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D. Application of Generic Listing Requirements

    The Exchange proposes to list and trade the Shares under NYSE Arca
Rule 8.600-E, which includes generic listing requirements for Managed
Fund Shares. According to the Exchange, the Fund's portfolio will not
meet all of the generic listing requirements of Commentary .01 to NYSE
Arca Rule 8.600-E. Specifically, the Exchange states that the Fund's
portfolio will meet all such requirements except for those set forth in
Commentary .01(b)(1) with respect to Municipal Securities.
    Commentary .01(b)(1) to NYSE Arca Rule 8.600-E requires that, on
both an initial and continuing basis, components that in the aggregate
account for at least 75% of the fixed income weight of the portfolio
each have a minimum original principal amount outstanding of $100
million or more. The Exchange states that the Fund would not meet this
requirement, as a

result principally of the Fund's investments in Municipal Securities.
The Exchange represents that the Fund's investments in Municipal
Securities would be subject to the requirements described in Section
II.C. above.
    The Exchange represents that, other than Commentary .01(b)(1) with
respect to Municipal Securities, the Fund's portfolio will meet all
other requirements of NYSE Arca Rule 8.600-E.

III. Discussion and Commission's Findings

    After careful review, the Commission finds that the proposed rule
change, as modified by Amendment No. 3, is consistent with the Act and
the rules and regulations thereunder applicable to a national
securities exchange.\22\ In particular, the Commission finds that the
proposed rule change, as modified by Amendment No. 3, is consistent
with Section 6(b)(5) of the Act,\23\ 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 remove impediments to and perfect the mechanism
of a free and open market and a national market system, and, in
general, to protect investors and the public interest.
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    \22\ 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).
    \23\ 15 U.S.C. 78f(b)(5).
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    As noted above, the Fund's investments in Municipal Securities
would not comply with Commentary .01(b)(1) to NYSE Arca Rule 8.600-E.
The Exchange represents that the Fund would invest in various types of
fixed income debt instruments, including Municipal Securities.
According to the Exchange, permitting the Shares to be listed and
traded on the Exchange, notwithstanding that, as a result principally
of the Fund's investments in Municipal Securities, the Fund would not
comply with Commentary .01(b)(1), would provide the Fund with greater
ability to select from a broad range of fixed income securities that
would support the Fund's investment goal.
    The Commission notes that, as proposed, under normal market
conditions, except for periods of high cash inflows or outflows, the
Fund will satisfy the following criteria with respect to Municipal
Securities: (1) The Fund will have a minimum of 20 non-affiliated
issuers; (2) no single Municipal Securities issuer will account for
more than 10% of the weight of the Fund's portfolio; (3) no individual
bond will account for more than 5% of the weight of the Fund's
portfolio; (4) the Fund will limit its investments in Municipal
Securities of any one state or U.S. territory to 25% of the Fund's
total assets, except that up to and including 40% of the Fund's total
assets may be invested in Municipal Securities of issuers in each of
California, New York, and Texas; (5) the Fund's investments in
Municipal Securities will be diversified among issuers in at least 10
states and U.S. territories; and (6) the Fund will be diversified among
a minimum of five different sectors of the Municipal Securities
market.\24\ The Commission also notes that, other than Commentary
.01(b)(1) with respect to Municipal Securities, the Fund will meet all
the requirements of NYSE Arca Rule 8.600-E. The Commission believes
that these proposed initial and continued listing requirements,
including the requirements with respect to Municipal Securities, are
designed to mitigate the potential for manipulation of the Shares.
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    \24\ The Exchange states that pre-refunded bonds will be
excluded from the above limits given that they have a high level of
credit quality and liquidity.
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    The Commission also finds that the proposal is consistent with
Section 11A(a)(1)(C)(iii) of the Act,\25\ which sets forth Congress's
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 the Consolidated Tape Association (``CTA'') high-speed
line. The iNAV (which is the Portfolio Indicative Value, as defined in
NYSE Arca Rule 8.600-E(c)(3)), will be widely disseminated by one or
more major market data vendors at least every 15 seconds during the
Exchange's Core Trading Session.\26\ 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
publicly available and will be published daily in the financial section
of newspapers.
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    \25\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
    \26\ Currently, it is the Exchange's understanding that several
major market data vendors display and/or make widely available
Portfolio Indicative Values taken from the CTA or other data feeds.
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    Quotation and last sale information for ETFs will be available via
the CTA high-speed line, and from the national securities exchanges on
which they are listed. U.S. exchange-traded options quotation and last
sale information is available via the Options Price Reporting
Authority. Foreign exchange-traded options, U.S. and foreign exchange-
traded futures contracts and options on futures contracts, U.S. and
foreign exchange-traded swaps (if applicable), and exchange-traded
municipal derivatives price information is available from the
applicable U.S. or foreign exchange and major market data vendors.
Quotation information from brokers and dealers or pricing services will
be available for Municipal Securities. Price information for money
market funds and other investment company securities (other than ETFs)
will be available from the applicable investment company's website and
from market data vendors. Pricing information regarding fixed income
debt instruments, cash equivalents, OTC options, OTC swaps, swaptions,
restricted securities, non-agency ABS, non-agency mortgage-related
securities, forward rate agreements, OTC municipal derivatives, CDX,
and inflation-protected debt securities will generally be available
through nationally recognized data service providers through
subscription agreements. One source of price information for municipal
securities is the Electronic Municipal Market Access, which is
administered by the Municipal Securities Rulemaking Board.
    In addition, the Fund's website will include the Fund's prospectus
and additional data relating to net asset value (``NAV'') and other
applicable quantitative information.
    The Commission also believes that the proposal 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 (as defined in NYSE Arca Rule 8.600-E(c)(2)) will be made
available to all market participants at the same time. Trading in the
Shares will be halted if the circuit-breaker parameters in NYSE Arca
Rule 7.12-E have been reached. Trading also may be halted because of
market conditions or for reasons that, in the view of the Exchange,
make trading in the Shares inadvisable. Moreover, trading in the Shares
will be subject to NYSE Arca Rule 8.600-E(d)(2)(D), which sets forth
circumstances under which the Shares may be halted.

    The Exchange states that it has a general policy prohibiting the
distribution of material, non-public information by its employees. The
Exchange states that neither the Manager nor the Sub-Adviser is
registered as a broker-dealer, but each is affiliated with a broker-
dealer. The Exchange states that the Manager and Sub-Adviser each has
implemented and will maintain a fire wall with respect to such broker-
dealer affiliate regarding access to information concerning the
composition of and/or changes to the Fund's portfolio.\27\ Further, the
Exchange states that, consistent with NYSE Arca Rule 8.600-
E(d)(2)(B)(ii), the Manager will 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
Fund's portfolio.\28\
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    \27\ The Exchange also represents that an investment adviser to
an open-end fund is required to be registered under the Investment
Advisers Act of 1940.
    \28\ The Exchange states that the Manager will be the Reporting
Authority for purposes of NYSE Arca Rule 8.600-E(d)(2)(B)(ii).
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    The Exchange deems the Shares to be equity securities, thus
rendering trading in the Shares subject to the Exchange's existing
rules governing the trading of equity securities. In support of this
proposal, the Exchange represents that:
    (1) Other than Commentary .01(b)(1) with respect to Municipal
Securities, the Fund will meet all the requirements of NYSE Arca Rule
8.600-E. The Fund's investments in Municipal Securities will be subject
to the requirements described in Section II.C. above.
    (2) A minimum of 100,000 Shares will be outstanding at the
commencement of trading on the Exchange.
    (3) Trading in the Shares will be subject to the existing trading
surveillances, administered by the Financial Industry Regulatory
Authority (``FINRA'') on behalf of the Exchange, or by regulatory staff
of the Exchange, and these procedures are adequate to properly monitor
Exchange trading of the Shares in all trading sessions and to deter and
detect violations of Exchange rules and federal securities laws
applicable to trading on the Exchange.\29\
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    \29\ The Exchange states that FINRA conducts cross-market
surveillances on behalf of the Exchange pursuant to a regulatory
services agreement, and that the Exchange is responsible for FINRA's
performance under this regulatory services agreement.
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    (4) The Exchange or FINRA, on behalf of the Exchange, or both, will
communicate as needed regarding trading in the Shares, ETFs, exchange-
traded closed-end funds, exchange-traded municipal derivatives, certain
exchange-traded options, and certain exchange-traded futures with other
markets and other entities that are members of the Intermarket
Surveillance Group, and the Exchange or FINRA, on behalf of the
Exchange, or both, may obtain trading information regarding trading in
the Shares, ETFs, exchange-traded closed-end funds, exchange-traded
municipal derivatives, certain exchange-traded options, and certain
exchange-traded futures from such markets and other entities. In
addition, the Exchange may obtain information regarding trading in the
Shares, ETFs, exchange-traded closed-end funds, exchange-traded
municipal derivatives, certain exchange-traded options, and certain
exchange-traded futures from markets and other entities with which the
Exchange has in place a comprehensive surveillance sharing agreement.
FINRA, on behalf of the Exchange, is able to access, as needed, trade
information for certain fixed income securities held by the Fund
reported to FINRA's Trade Reporting and Compliance Engine. FINRA also
can access data obtained from the Municipal Securities Rulemaking Board
relating to municipal bond trading activity for surveillance purposes
in connection with trading in the Shares.
    (5) Prior to the commencement of trading, the Exchange will inform
its Equity Trading Permit Holders in an Information Bulletin of the
special characteristics and risks associated with trading the Shares.
Specifically, the Information Bulletin will discuss: (a) The procedures
for purchases and redemptions of Shares in creation unit aggregations
(and that Shares are not individually redeemable); (b) NYSE Arca Rule
9.2-E(a), which imposes a duty of due diligence on its Equity Trading
Permit Holders to learn the essential facts relating to every customer
prior to trading the Shares; (c) the risks involved in trading the
Shares during the Early and Late Trading Sessions when an updated iNAV
will not be calculated or publicly disseminated; (d) how information
regarding the iNAV and the Disclosed Portfolio is disseminated; (e) the
requirement that Equity Trading Permit Holders deliver a prospectus to
investors purchasing newly issued Shares prior to or concurrently with
the confirmation of a transaction; and (f) trading information.
    (6) The Exchange has appropriate rules to facilitate transactions
in the Shares during all trading sessions.
    (7) For initial and continued listing, the Fund will be in
compliance with Rule 10A-3 under the Act.\30\
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    \30\ See 17 CFR 240.10A-3.
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    (8) The Fund's investments will be consistent with its investment
goal and will not be used to provide multiple returns of a benchmark or
to produce leveraged returns.
    The Exchange represents that all statements and representations
made in the filing regarding: (1) The description of the portfolio or
reference asset; (2) limitations on portfolio holdings or reference
assets; or (3) the applicability of Exchange listing rules specified in
the rule filing constitute continued listing requirements for listing
the Shares on the Exchange. In addition, the issuer must notify the
Exchange of any failure by the Fund to comply with the continued
listing requirements and, pursuant to its obligations under Section
19(g)(1) of the Act, the Exchange will monitor \31\ for compliance with
the continued listing requirements. If the Fund is not in compliance
with the applicable listing requirements, the Exchange will commence
delisting procedures under NYSE Arca Rule 5.5-E(m).
---------------------------------------------------------------------------

    \31\ The Commission notes that certain proposals for the listing
and trading of exchange-traded products include a representation
that the exchange will ``surveil'' for compliance with the continued
listing requirements. See, e.g., Securities Exchange Act Release No.
77499 (April 1, 2016), 81 FR 20428, 20432 (April 7, 2016) (SR-BATS-
2016-04). In the context of this representation, it is the
Commission's view that ``monitor'' and ``surveil'' both mean ongoing
oversight of compliance with the continued listing requirements.
Therefore, the Commission does not view ``monitor'' as a more or
less stringent obligation than ``surveil'' with respect to the
continued listing requirements.
---------------------------------------------------------------------------

    This approval order is based on all of the Exchange's statements
and representations, including those set forth above and in Amendment
No. 3.
    For the foregoing reasons, the Commission finds that the proposed
rule change, as modified by Amendment No. 3, is consistent with Section
6(b)(5) of the Act \32\ and Section 11A(a)(1)(C)(iii) of the Act \33\
and the rules and regulations thereunder applicable to a national
securities exchange.
---------------------------------------------------------------------------

    \32\ 15 U.S.C. 78f(b)(5).
    \33\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
---------------------------------------------------------------------------

IV. Solicitation of Comments on Amendment No. 3 to the Proposed Rule
Change

    Interested persons are invited to submit written data, views, and
arguments concerning whether Amendment No. 3 is consistent with the
Act. Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or

     Send an email to [email protected]. Please include
File Number SR-NYSEArca-2017-99 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2017-99. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSEArca-2017-99, and should be
submitted on or before April 26, 2018.

V. Accelerated Approval of Proposed Rule Change, as Modified by
Amendment No. 3

    The Commission finds good cause to approve the proposed rule
change, as modified by Amendment No. 3, prior to the thirtieth day
after the date of publication of notice of the filing of Amendment No.
3 in the Federal Register. The Commission notes that Amendment No. 3
clarified the application of NYSE Arca Rule 8.600-E to the Fund's
investments. Amendment No. 3 also provided other clarifications and
additional information to the proposed rule change. The changes and
additional information in Amendment No. 3 assisted the Commission in
finding that the proposal is consistent with the Act. Accordingly, the
Commission finds good cause, pursuant to Section 19(b)(2) of the
Act,\34\ to approve the proposed rule change, as modified by Amendment
No. 3, on an accelerated basis.
---------------------------------------------------------------------------

    \34\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

VI. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\35\ that the proposed rule change (SR-NYSEArca-2017-99), as
modified by Amendment No. 3 be, and hereby is, approved on an
accelerated basis.
---------------------------------------------------------------------------

    \35\ Id.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\36\
---------------------------------------------------------------------------

    \36\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo Aleman,
Assistant Secretary.
[FR Doc. 2018-06914 Filed 4-4-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 233 (Monday, December 5, 2016)]
[Notices]
[Pages 87553-87555]
[FR Doc No: 2016-29108]

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

[EPA-HQ-OW-2016-0439; FRL-9955-83-OW]

Peer Review of EPA's Biologically Based Dose-Response (BBDR)
Model for Perchlorate in Drinking Water--Final List of Peer Reviewers,
Notice of the Public Peer Review Meeting and Final Peer Review Charge
Questions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final peer reviewer selection, public peer review
meeting and final peer review charge questions.

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SUMMARY: The U.S. Environmental Protection Agency (EPA) is announcing

the final peer reviewers assembled by Versar, Inc., an EPA contractor,
for the external peer review of EPA's draft Biologically Based Dose-
Response (BBDR) Model for perchlorate in drinking water and an
accompanying draft model report. The draft model report is entitled
``Biologically Based Dose-Response Models for the Effect of Perchlorate
on Thyroid Hormones in the Infant, Breast Feeding Mother, Pregnant
Mother, and Fetus: Model Development, Revision, and Preliminary Dose-
Response Analyses.'' EPA is also announcing availability of the final
peer review charge. The charge provides the purpose and context for the
assessment and will guide the peer review experts by identifying the
key scientific issues associated with the review of the model and
report. EPA is also announcing that Versar, Inc., will organize and
conduct the public peer review meeting for the draft BBDR model and
draft model report on January 10 and 11, 2017, in Arlington, Virginia.
The meeting will be devoted to discussion and deliberation of major
issues identified by the peer reviewers regarding EPA's draft BBDR
model and draft model report and will be guided by the final charge
questions. Versar, Inc., invites the public to register to attend this
two-day meeting as observers, either in-person or via teleconference.
Time will be set aside at the meeting for brief oral statements from
the public regarding the draft BBDR model and model report.

DATES: The public peer review meeting will be held on January 10 and
11, 2017. The meeting will be held from approximately 8:30 a.m. to 5
p.m., eastern time, on January 10; and from approximately 8:30 a.m. to
2 p.m., eastern time, on January 11. The registration deadline to
attend the meeting in-person or via teleconference, and to request to
make a brief oral statement at the meeting, is January 3, 2017. See the
SUPPLEMENTARY INFORMATION section for instructions of how to register.

ADDRESSES: The public peer review meeting will be held at the Crystal
City Marriott at Reagan National Airport, located at 1999 Jefferson
Davis Highway, Arlington, Virginia. The phone number for the
teleconference line will be provided to registered observers prior to
the meeting.

FOR FURTHER INFORMATION CONTACT: Questions regarding logistics or
registration for the external peer review meeting should be directed to
Versar, Inc., at 6850 Versar Center, Springfield, VA 22151; by email:
<EMAIL_ADDRESS>(subject line: Perchlorate Peer Review); or by
phone:<PHONE_NUMBER> (ask for Tracey Cowen). For additional
information concerning the draft BBDR model and the draft report,
please contact Russ Perkinson at the U.S. Environmental Protection
Agency, Office of Ground Water and Drinking Water, Standards and Risk
Management Division (Mail Code 4607M), 1200 Pennsylvania Avenue NW.,
Washington, DC 20460; telephone:<PHONE_NUMBER>; or email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Registration Instructions

    To attend the peer review meeting as an observer, either in-person
or via teleconference, register no later than January 3, 2017. You may
register by sending an email to<EMAIL_ADDRESS>(Subject line:
Perchlorate Peer Review Registration; and include your name, title,
affiliation, full address, email and phone number); calling Versar at
(301) 304-3121 (ask for Tracey Cowen); or sending a facsimile to (703)
642-6809, ATTN: Perchlorate Peer Review Registration (include your
name, title, affiliation, full address, email and phone number). Please
indicate which day(s) you plan to attend the meeting and whether you
plan to attend via teleconference or in-person. Space is limited, and
registrations will be accepted on a first-come, first-served basis.
There will be a limited amount of time for oral statements from the
public near the beginning of the peer review meeting on the first day.
If you wish to make an oral statement during the meeting, you must
notify Versar of your request to speak no later than January 3, 2017.
Versar will notify speakers of specific time limits for their oral
statements. Versar will accept requests to make oral statements on a
first-come, first-served basis, and may limit the amount of time for
each speaker as well as the number of speakers due to time constraints.

II. Information on EPA's Biologically Based Dose-Response (BBDR) Model
for Perchlorate in Drinking Water

    EPA announced the release of the draft BBDR model for perchlorate
in drinking water and accompanying draft model report for purposes of
public comment (scientific views) and peer review on September 30,
2016, in the Federal Register (81 FR 67350). The original 45-day public
comment period ended on November 14, 2016, but the public comment
period was extended until November 25, 2016. EPA will consider peer
reviewer and public comments when finalizing the BBDR model and model
report. The draft model and draft model report and public comments
submitted during the public comment period may be viewed at http://www.regulations.gov (Docket ID No. EPA-HQ-OW-2016-0438). The Agency
will seek peer review of a second report that evaluates methods to
apply the final BBDR model to develop a maximum contaminant level goal
for perchlorate in drinking water in a future Federal Register notice.

III. Information on Final Peer Review Charge Questions

    EPA announced the release of the draft peer review charge questions
on September 30, 2016, in the Federal Register (81 FR 67347). The 21-
day public comment period ended on October 21, 2016. EPA considered the
public comments when finalizing the charge questions. The final peer
review charge questions are available through the docket at http://www.regulations.gov (Docket ID No. EPA-HQ-OW-2016-0439).

IV. Information About the Peer Reviewers

    Consistent with guidelines for the peer review of highly
influential scientific assessments, EPA tasked a contractor (Versar,
Inc.) to assemble a panel of experts to evaluate the draft BBDR model
and draft model report. Versar, Inc., evaluated 35 candidates who were
either nominated during two previous public comment periods (March 1 to
31, 2016, and June 3 to July 5, 2016) or were identified by Versar to
augment the list of publically-nominated candidates. Versar narrowed
the list of potential reviewers to 19 candidates and solicited public
comments on the interim list on September 30, 2016, in the Federal
Register (81 FR 67347). Using the selection criteria described in
Federal Register notices dated March 1, 2016, (81 FR 10617) and June 3,
2016, (81 FR 35760), Versar selected eight final peer reviewers who,
collectively, best provide expertise spanning the multiple subject
matter areas covered by the draft model and model report, and to the
extent feasible, best provide a balance of perspectives. The final list
of the eight selected peer reviewers is provided below.

Name of Nominee, Degree--Place of Employment
    1. Hugh A. Barton, Ph.D.--Pfizer, Inc.
    2. Claude Emond, Ph.D.--University of Montreal
    3. Dale Hattis, Ph.D.--George Perkins Marsh Institute, Clark
University
    4. Angela M. Leung, M.D., M.Sc.--UCLA David Geffen School of
Medicine
    5. Michael H. Lumpkin, Ph.D., DABT--Center for Toxicology and

Environmental Health, LLC
    6. Elizabeth N. Pearce, M.D., M.Sc.--Boston Medical Center/Boston
University School of Medicine
    7. Stephen M. Roberts, Ph.D.--University of Florida
    8. Joanne F. Rovet, Ph.D.--The Hospital for Sick Children (Toronto)

    EPA requests that no individual or organization contact in any way
the peer reviewers regarding the subject of the peer review meeting,
send them written materials regarding the subject of the meeting, or
make any offers or requests to any of them that appear to be linked to
their participation in the peer review. The contractor (Versar, Inc.)
will direct the reviewers to report any such contacts to the contractor
(Versar, Inc.), who will take appropriate action in consultation with
EPA to ensure the independence and impartiality of the peer review.

V. Information About the Peer Review Meeting

    EPA has charged the peer reviewers with evaluating and preparing
written comments on the draft BBDR model and draft model report.
Specifically, reviewers will provide general comments, their overall
impressions of the draft model and draft model report and responses to
the charge questions. Reviewers will also consider the appropriateness
of the quality, accuracy and relevance of the data in the documents.
Versar will provide a summary of comments (along with the full text of
the comments) submitted to EPA's public docket (Docket ID No. EPA-HQ-
OW-2016-0438) during the 56-day public comment period on the draft
model and draft model report to the peer reviewers ahead of the meeting
for their consideration.
    Peer reviewers will participate in the two-day, public peer review
meeting to discuss the scientific basis supporting EPA's draft BBDR
model and model report. Following the peer review meeting, Versar will
provide a peer review summary report to EPA containing the comments and
recommendations from the peer reviewers. EPA will make the final peer
review report available to the public.
    In preparing the final BBDR model and model report, EPA will
consider Versar's report of the comments and recommendations from the
external peer review meeting, as well as written public comments
received through the official public docket during the previous 56-day
comment period on the draft model and draft model report.

    Dated: November 22, 2016.
Joel Beauvais,
Deputy Assistant Administrator, Office of Water.
[FR Doc. 2016-29108 Filed 12-2-16; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 73 (Monday, April 16, 2018)]
[Notices]
[Pages 16428-16430]
[FR Doc No: 2018-07827]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2016-0140; Notice 2]

General Motors, LLC, Grant of Petition for Decision of
Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Grant of petition.

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

SUMMARY: General Motors, LLC (GM), has determined that certain model
year (MY) 2014-2016 GM motor vehicles do not fully comply with Federal
Motor Vehicle Safety Standard (FMVSS) No. 110, Tire Selection and Rims
and Motor Home/Recreation Vehicle Trailer Load Carrying Capacity
Information for Motor Vehicles with a GVWR of 4,536 kilograms (10,000
pounds)or Less. GM filed a noncompliance Report dated December 6, 2016,
and then amended their report on April 7, 2017. GM subsequently
petitioned NHTSA on January 5, 2017, and later revised it on April 7,
2017, for a decision that the subject noncompliance is inconsequential
as it relates to motor vehicle safety.

FOR FURTHER INFORMATION CONTACT: Kerrin Bressant, Office of Vehicle
Safety Compliance, NHTSA, telephone<PHONE_NUMBER>, facsimile (202)
366-5930.

SUPPLEMENTARY INFORMATION:
    I. Overview: GM has determined that certain MY 2014-2016 GM motor
vehicles do not fully comply with paragraph S4.4.2(e) of FMVSS No. 110,
Tire Selection and Rims and Motor Home/Recreation Vehicle Trailer Load
Carrying Capacity Information for Motor Vehicles with a GVWR of 4,536
kilograms (10,000 pounds)or Less (49 CFR 571.110). GM filed a
noncompliance report dated December 6, 2016, and then amended their
report on April 7, 2017, pursuant to 49 CFR part 573, Defect and
Noncompliance Responsibility and Reports. GM subsequently petitioned
NHTSA on January 5, 2017, and later revised it on April 7, 2017,
pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 556, for an
exemption from the notification and remedy requirements of 49 U.S.C.
Chapter 301 on the basis that this noncompliance is inconsequential as
it relates to motor vehicle safety.
    Notice of receipt of the petition was published, with a 30-day
public comment period on May 11, 2017, in the Federal Register (82 FR
22058). No comments were received. To view the petition and all
supporting documents log onto the Federal Docket Management System
(FDMS) web page at: http://www.regulations.gov/. Then follow the online
search instruction to locate docket number ``NHTSA-2016-0140.''
    II. Vehicles Involved: Approximately 130,088 of the following MY
2014-2016 GM motor vehicles manufactured between August 7, 2014, and
June 15, 2015, are potentially involved:

 2015-2016 Cadillac Escalade
 2015-2016 Cadillac Escalade ESV
 2015 Cadillac SRX
 2015-2016 Chevrolet Tahoe
 2015-2016 GMC Yukon
 2015-2016 GMC Yukon XL
 2014-2015 GMC Sierra
 2014-2015 Chevrolet Silverado
 2015-2016 Chevrolet Suburban

    III. Noncompliance: GM explains that the noncompliance is that the
subject vehicles are equipped with wheels supplied by Citic Dicastal
Co. LTD (Dicastal) that are marked with unregistered date of
manufacture marks that were not previously disclosed to NHTSA and
therefore, do not comply with paragraph S4.4.2(e) of FMVSS No. 110.
    IV. Rule Requirements: Paragraph S4.4.2(e) of FMVSS No. 110 titled
``Rim Markings for Vehicles Other than Passenger Cars'' includes the
requirements relevant to this petition:
     Each rim or, at the option of the manufacturer in the case
of a single-

piece wheel, each wheel disc shall be marked with the information
listed in paragraphs S4.4.2 (a) through (e), in lettering not less than
3 millimeters in height, impressed to a depth or, at the option of the
manufacturer, embossed to a height of not less than 0.125 millimeters.
     The month, day and year or the month and year of
manufacture, expressed either numerically or by use of a symbol, at the
option of the manufacturer. For example: ``September 4, 2001'' may be
expressed numerically as: ``90401'', ``904, 01'' or ``01, 904'';
``September 2001'' may be expressed as: ``901'', ``9, 01'' or ``01,
9''.
     Any manufacturer that elects to express the date of
manufacture by means of a symbol shall notify NHTSA in writing of the
full names and addresses of all manufacturers and brand name owners
utilizing that symbol and the name and address of the trademark owner
of that symbol, if any.
     The notification shall describe in narrative form and in
detail how the month, day, and year or the month and year are depicted
by the symbol. Such description shall include an actual size graphic
depiction of the symbol, showing and/or explaining the
interrelationship of the component parts of the symbol as they will
appear on the rim or single piece of wheel disc, including dimensional
specifications, and where the symbol will be located on the rim or
single piece wheel disc.
     The notification shall be received by NHTSA not less than
60 calendar days before the first use of the symbol.
    V. Summary of GM's Petition: GM described the subject noncompliance
and stated its belief that the noncompliance is inconsequential as it
relates to motor vehicle safety.
    In support of its petition, GM submitted the following reasons:
    (a) This is not a safety issue: Neither the marking method nor the
timely disclosure of it to NHTSA have any effect on the operation,
performance, or safety of the affected vehicles. For example, the
required date marks do not serve any safety purpose and do not provide
any safety benefit. The purpose of the date mark is traceability in the
event a future wheel defect is discovered. For example, if it were
discovered that Dicastal wheels manufactured in January 2015 had a
defect (e.g., high porosity in the casting) a dealer could use the date
marking to determine if a given wheel was in the suspect population.
    The affected wheels on GM's vehicles have accurate date markings
and can be traced in the event of a defect. Except for a small
percentage of affected wheels, the markings have all been disclosed to
NHTSA. Disclosed or not, however, GM and its dealers can still trace
the wheels because the unregistered date marks contain sufficient
information to clearly identify the month and year of manufacture.
Therefore, the issue is more of a procedural one, and the fact that
these date marks were not registered with NHTSA in a timely manner
presents no substantive safety issue and is inconsequential to motor
vehicle safety.
    (b) NHTSA has granted similar requests: Granting this petition
would be consistent with NHTSA's past decisions involving wheel
markings required by FMVSS No. 110. For example, NHTSA recently granted
a petition for inconsequential treatment related to a noncompliance
with FMVSS No. 110's requirement that the source of the published
nominal dimensions be marked on the rims. In that case, NHTSA agreed
that the incorrect rim marking had no effect on the performance and
safety of the tire/rim combination. Here, the connection to safety is
even more attenuated because the markings on the wheels are correct,
they were just not disclosed to NHTSA in a timely manner. For at least
the same reasons NHTSA found incorrect rim markings inconsequential to
vehicle safety, GM requests that NHTSA come to the same conclusion
regarding the correct, but unregistered, markings in this case as being
inconsequential to motor vehicle safety.
    (c) The issue has been corrected: Dicastal corrected the issue in
production on April 25, 2015, when it stopped using unregistered date
marks. Since then, the manufacture date marks on GM's Dicastal wheels
have been properly disclosed to NHTSA and comply with FMVSS No. 110.
    GM concluded by expressing the belief that the subject
noncompliance is inconsequential as it relates to motor vehicle safety,
and that its petition to be exempted from providing notification of the
noncompliance, as required by 49 U.S.C. 30118, and a remedy for the
noncompliance, as required by 49 U.S.C. 30120, should be granted.
    GM's complete petition and all supporting documents are available
by logging onto the Federal Docket Management System (FDMS) website at:
https://www.regulations.gov and following the online search
instructions to locate the docket number listed in the title of this
petition.

NHTSA Decision

    NHTSA Analysis: FMVSS No. 110, paragraph S4.4.2(e), requires that a
manufacturer using a symbol to identify the date of manufacture on its
rims provide a detailed narrative to NHTSA of how the month, day and
year, or month and year, are depicted by the symbol, and notify NHTSA
not less than 60 calendar days before the first use of the symbol. In
this case, GM did not properly submit the symbol information or notify
NHTSA before first use.
    GM pointed out that the actual marking method nor the timely
disclosure of the method to NHTSA would have any effect on the
operation, performance, or safety of the affected vehicles and that the
main reason for date codes on rims is for traceability in the event of
a recall. NHTSA would agree that date of manufacture stamped on the
rim, if correct, is essential for identifying production scope in the
event of a recall, but the marking itself does not affect the
performance and safety of the rims. Since this issue was brought to the
attention of the agency, GM has submitted the required notification and
details of the date symbols used on the impacted vehicle rims, and the
agency confirmed that the symbols used provide the month and year
information required.
    GM concluded by noting the fact that the issue was corrected in
production on April 25, 2015. Dicastal subsequently registered the
marking method(s) by filing the required submission with NHTSA on May
13, 2015.
    NHTSA's Decision: In consideration of the foregoing, NHTSA has
decided that GM has met its burden of persuasion that the subject FMVSS
No. 110 noncompliance is inconsequential to motor vehicle safety.
Accordingly, GM's petition is hereby granted and GM is exempted from
the obligation of providing notification of, and a remedy for, that
noncompliance under 49 U.S.C. 30118 and 30120.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to file petitions for a
determination of inconsequentiality allow NHTSA to exempt manufacturers
only from the duties found in sections 30118 and 30120, respectively,
to notify owners, purchasers, and dealers of a defect or noncompliance
and to remedy the defect or noncompliance. Therefore, this decision
only applies to the subject vehicles that GM no longer controlled at
the time it determined that the noncompliance existed. However,
granting of this petition does not relieve vehicle distributors and
dealers of the prohibitions on the sale, offer for sale, or
introduction or delivery for introduction into interstate commerce of
the noncompliant vehicles under their

control after GM notified them that the subject noncompliance existed.

    Authority:  49 U.S.C. 30118, 30120: delegations of authority at
49 CFR 1.95 and 501.8.

Claudia W. Covell,
Acting Director, Office of Vehicle Safety Compliance.
[FR Doc. 2018-07827 Filed 4-13-18; 8:45 am]
 BILLING CODE 4910-59-P


[Federal Register Volume 83, Number 176 (Tuesday, September 11, 2018)]
[Notices]
[Pages 45927-45928]
[FR Doc No: 2018-19763]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2008-0150; FRL-9983-56-OW]

Proposed Information Collection Request; Comment Request;
Establishing No-Discharge Zones (NDZs) Under Clean Water Act Section
312 (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency plans to submit an
information collection request (ICR), ``Establishing No-Discharge Zones
(NDZs) Under Clean Water Act section 312 (Renewal)'' (EPA ICR No.
1791.08, OMB Control No. 2040-0187) to the Office of Management and
Budget (OMB) for review and approval in accordance with the Paperwork
Reduction Act (PRA). Before doing so, the EPA solicits public comments
on specific aspects of the proposed information collection as described
below. This is a proposed extension of the ICR, which is currently
approved through March 31, 2019. An Agency may not conduct or sponsor,
and a person is not required to respond to a collection of information
unless it displays a currently valid OMB control number.

DATES: Comments must be submitted on or before November 13, 2018.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OW-
2008-0150, online using www.regulations.gov (our preferred method), by
email to [email protected], or by mail to: EPA Docket Center,
Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania
Ave. NW, Washington, DC 20460.
    All comments received will be included in the public docket without
change including any personal information provided, unless the comment
includes profanity, threats, information claimed to be Confidential
Business Information, or other information whose disclosure is
restricted by statute.

FOR FURTHER INFORMATION CONTACT: Virginia Fox-Norse, Oceans, Wetlands
and Communities Division, Office of Wetlands, Oceans and Watersheds,
(4504T), Environmental Protection Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax number: 202-
566-1337; email address: [email protected].

SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information that the EPA will be collecting are available in the
public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about the EPA's public docket, visit http://www.epa.gov/dockets.
    Pursuant to section 3506(c)(2)(A) of the PRA, the EPA solicits
comments and information to enable it to: (i) Evaluate whether the
proposed collection of information is necessary for the proper
performance of the functions of the Agency, including whether the
information will have practical utility; (ii) evaluate the accuracy of
the Agency's estimate of the burden of the proposed collection of
information, including the validity of the methodology and assumptions
used; (iii) enhance the quality, utility, and clarity of the
information to be collected; and, (iv) minimize the burden of the
collection of information on those who are to respond, including
through the use of appropriate automated electronic, mechanical, or
other technological collection techniques or other forms of information
technology (e.g., permitting electronic submission of responses). The
EPA will consider the comments received and amend the ICR as
appropriate. The final ICR package will then be submitted to OMB for
review and approval. At that time, the EPA will issue another Federal
Register notice to announce the submission of the ICR to OMB and the
opportunity to submit additional comments to OMB.
    Abstract: (A) Sewage No-Discharge Zones: CWA section 312(f) and the
implementing regulations in 40 CFR part 140 provide that information
must be submitted to the EPA to establish a no-discharge zone (NDZ) for
vessel sewage in state waters. No-discharge zones can be established to
provide greater environmental protection of specified state waters from
treated and untreated vessel sewage. This ICR addresses the information
requirements associated with the establishment of NDZs for vessel
sewage. The information collection activities discussed in this ICR do
not require the submission of any confidential information.
    (B) Uniform National Discharge Standards (UNDS) No-Discharge Zones
and Discharge Determination or Standard Review: CWA section 312(n)(7)
and the implementing regulations in 40 CFR part 1700 provide that
information should be submitted to the EPA to establish a no-discharge
zone in state waters for a particular discharge from a vessel of the
Armed Forces. In addition, CWA section 312(n)(5) provides that that the
Governor of any state may petition the EPA and the DoD to review any
discharge determination or standard promulgated under CWA section 312
for vessels of the Armed forces if there is significant new information
that could reasonably result in a change to the discharge determination
or standard. This ICR addresses the information requirements associated
with the establishment of an UNDS NDZ for a particular discharge from a
vessel of the Armed Forces in addition to the information requirements
associated with a request to the EPA and DoD to review a discharge
determination or standard. UNDS NDZs for a particular discharge from a
vessel of the Armed Forces cannot be requested or established until
after the EPA and DoD promulgate vessel discharge performance standards
for marine pollution control devices for that particular discharge and
DoD

promulgates the corresponding regulations governing the design,
construction, installation and use of marine pollution control devices
for that particular discharge. The information collection activities
discussed in this ICR do not require the submission of any confidential
information.
    Form numbers: None.
    Respondents/affected entities: States.
    Respondent's obligation to respond: The responses to this
collection of information are required to obtain the benefit of a
sewage NDZ (CWA section 312(f)). The responses to this collection of
information are required to obtain the benefit of an UNDS NDZ or a
review of an UNDS discharge determination or standard (CWA section
312(n)).
    Estimated number of respondents: 16 (total).
    Frequency of response: One time.
    Total estimated burden: 1,083 hours (per year). Burden is defined
at 5 CFR 1320.03(b).
    Total estimated cost: $54,938 (per year), includes $998 annualized
capital or operation & maintenance costs.
    Changes in estimates: It is anticipated that the burden hours will
stay the same as the current estimate or decrease due to changes in
respondent universe when we revise them for this ICR extension. Cost
estimates will likely remain the same or rise at the time of revision
because of changes in the state and federal labor costs.

    Dated: August 31, 2018.
 John Goodin,
Acting Director, Office of Wetlands, Oceans and Watersheds.
[FR Doc. 2018-19763 Filed 9-10-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 19 (Tuesday, January 29, 2013)]
[Notices]
[Pages 6094-6095]
[FR Doc No: 2013-01798]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2006-0407; FRL 9526-6]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; EPA's ENERGY STAR Program in the Commercial
and Industrial Sectors (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency has submitted an
information collection request (ICR), ``EPA's ENERGY STAR Program in
the Commercial and Industrial Sectors'' (EPA ICR No. 1772.06, OMB
Control No. 2060-0347) to the Office of Management and Budget (OMB) for
review and approval in accordance with the Paperwork Reduction Act (44
U.S.C. 3501 et seq.). This is a proposed extension of the ICR, which is
currently approved through January 31, 2013. Public comments were
previously requested via the Federal Register (77 FR 46089) on August
2, 2012 during a 60-day comment period. This notice allows for an
additional 30 days for public comments. A fuller description of the ICR
is given below, including its estimated burden and cost to the public.
An Agency may not conduct or sponsor and a person is not required to
respond to a collection of information unless it displays a currently
valid OMB control number.

DATES: Additional comments may be submitted on or before February 28,
2013.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OAR-2006-0407, to (1) EPA online using www.regulations.gov (our
preferred method), by email to<EMAIL_ADDRESS>or by mail to:
EPA Docket Center, Environmental Protection Agency, Mail Code 28221T,
1200 Pennsylvania Ave. NW., Washington, DC 20460, and (2) OMB via email
to<EMAIL_ADDRESS>Address comments to OMB Desk Officer
for EPA.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Alexandra Sullivan, Climate Protection
Partnerships Division, Mail Code: 6202J, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone
number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information that EPA will be collecting are available in the public
docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, EPA West,
Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Abstract: EPA created ENERGY STAR as a voluntary program to help
businesses and individuals protect the environment through superior
energy efficiency. The program focuses on reducing utility-generated
emissions by reducing the demand for energy. In 1991, EPA launched the
Green Lights Program to encourage corporations, State and local
governments, colleges and universities, and other organizations to
adopt energy-efficient lighting as a profitable means of preventing
pollution and improving lighting quality. Since then, EPA has rolled
Green Lights into ENERGY STAR and expanded ENERGY STAR to encompass
organization-wide energy performance improvement, such as building
technology upgrades, product purchasing initiatives, and employee
training. At the same time, EPA has streamlined the reporting
requirements of ENERGY STAR and focused on providing incentives for
improvements (e.g., ENERGY STAR Awards Program). EPA also makes tools
and other resources available on the Web to help the public overcome
the barriers to evaluating their energy performance and investing in
profitable improvements.
    To join ENERGY STAR, organizations are asked to complete a
Partnership Letter or Agreement that establishes their commitment to
energy efficiency. Partners agree to undertake efforts such as
measuring, tracking, and benchmarking their organization's energy
performance by using tools such as those offered by ENERGY STAR;
developing and implementing a plan to improve energy performance in
their facilities and operations by adopting a strategy provided by
ENERGY STAR; and educating staff and the public about their Partnership
with ENERGY STAR, and highlighting achievements with the ENERGY STAR,
where available.
    Partners also may be asked to periodically submit information to
EPA as needed to assist in program implementation.
    Partnership in ENERGY STAR is voluntary and can be terminated by
Partners or EPA at any time. EPA does not expect organizations to join
the program unless they expect participation to be cost-effective and
otherwise beneficial for them.
    In addition, Partners and any other interested party can seek
recognition and help EPA promote energy-efficient technologies by
evaluating the efficiency of their buildings using EPA's on-line tools
(e.g., Portfolio Manager) and applying for recognition. EPA does not
expect to deem any information collected under ENERGY STAR to be
Confidential Business Information (CBI).

Form Numbers:
     Attachment to Partnership Letter for

C&I Partners (5900-19)
     Partnership Agreement for EEPs (5900-33)
     ENERGY STAR Building Certification Application (5900-197)
     ENERGY STAR Leaders--Eligible Facilities List (5900-20)
     ENERGY STAR Leaders--Facility Summary Report (5900-20)
     ENERGY STAR Leaders--Ineligible Facilities List (5900-20)
     ENERGY STAR Leaders--Leaders Story (5900-20)
     Service and Product Provider (SPP) Partnership Application
Data Form (5900-195)
     Small Business Network (5900-21)
     Statement of Energy Design Intent (5900-22)
     Statement of Energy Improvement (5900-198)
     Statement of Energy Performance--Plants (5900-89)
     Challenge for Industry Registration Form (5900-263)
     Challenge for Industry Online Recognition Application
(5900-262)
     EPI Application Letter (5900-264)
     EPI Award Specification Sheet (5900-265)

    Respondents/affected entities: Entities potentially affected by
this action are participants in EPA's ENERGY STAR Program in the
Commercial and Industrial Sectors.
    Respondent's obligation to respond: Voluntary.
    Estimated number of respondents: 15,000 (total).
    Frequency of response: One-time, annually, or on occasion.
    Total estimated burden: 194,509 hours (per year). Burden is defined
at 5 CFR 1320.03(b).
    Total estimated cost: $24,408,276 (per year), including $10,318,180
in annualized capital or operation & maintenance costs and $14,090,096
in annualized labor costs.
    Changes in the Estimates: There is an increase of 69,486 hours in
the total estimated respondent burden compared with the ICR currently
approved by OMB. This 69,486-hour increase includes an 18-hour decrease
due to program changes and a 69,504-hour increase due to adjustments
resulting from program growth. This 69,504-hour increase due to
adjustments resulted primarily from the fact that EPA has significantly
increased its estimate of the number of respondents using the on-line
tool Portfolio Manager and applying for ENERGY STAR Certification.
There are several reasons for this increase. A primary reason is that
State and local governments are increasingly leveraging ENERGY STAR as
a way for the public to respond to rising energy costs and global
warming. In addition, associations, utilities, and third-party
providers are voluntarily communicating ENERGY STAR messages and
promoting the use of ENERGY STAR tools and strategies in an effort to
help companies reduce their energy consumption and find more
environmentally friendly ways to conduct business. Finally, the public
has demonstrated an increasing desire to earn recognition under the
ENERGY STAR Program.

John Moses,
Director, Collection Strategies Division.
[FR Doc. 2013-01798 Filed 1-28-13; 8:45 am]
BILLING CODE 6560-50-P