J-21-00020-0025 Sanitized Support Documents Index:
 J-21-0020 Sanitized Biotech Form (linked)
 J-21-0021 Sanitized Biotech Form (linked)
 J-21-0022 Sanitized Biotech Form (linked)
 J-21-0023 Sanitized Biotech Form (linked)
 J-21-0024 Sanitized Biotech Form (linked)
 J-21-0025 Sanitized Biotech Form (linked)
 J-21-0020 Sanitized Determination Document (linked)
 J-21-0021 Sanitized Determination Document (linked)
 J-21-0022 Sanitized Determination Document (linked)
 J-21-0023 Sanitized Determination Document (linked)
 J-21-0024 Sanitized Determination Document (linked)
 J-21-0025 Sanitized Determination Document (linked)
 J-21-00020-0025 Sanitized Risk Assessment Report (attached)


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

	       Issued by the Department of Transportation on February 3, 2003

NOTICE OF ACTION TAKEN DISMISSING APPLICATIONS -- VARIOUS DOCKETS

________________________________________________________________________
____________________________________________________________

This serves as notice to the public of the actions described below,
taken on the date shown above by the Department

official indicated (no additional confirming order will be issued in
this matter).

The carriers listed below have applied for various forms of authority or
relief under Title 49 of the United States Code in order to perform the
air transportation activities described.  Each application has either
been withdrawn by the applicant or otherwise become moot.   Therefore,
we find that these applications should be dismissed, under authority
assigned by the Department in its Regulations, 14 CFR § 385.3 and
385.13.

Docket			Description of Application

OST-95-350		Air Afrique, filed August 26, 1997.  Renew exemption from 49
U.S.C. 41301 to serve Bamako,

			Mali, as an intermediate point.  Information available to the
Department indicates that the

			applicant has no plans to prosecute the application.

OST-2000-7280	Air Namibia (Pty) Ltd., filed April 21, 2000.  Exemption
from 49 U.S.C. 41301 and foreign air

OST-2000-7281	carrier permit purusant to 49 U.S.C. 41302 to conduct
foreign air transportation between Namibia

			and the United States.  Information available to the Department
indicates that the applicant has no

			plans to prosecute the application.

OST-2000-6783	Bellview Airlines Ltd., filed January 11, 2000.  Exemption
from 49 U.S.C. 41301 and foreign air

OST-2000-6784	carrier permit purusant to 49 U.S.C. 41302 to conduct
foreign air transportation between Lagos,

			Nigeria and New York.  Information available to the Department
indicates that the applicant has

			no plans to prosecute the application.

OST-96-1238		Midas Commuter Airlines, C.A., filed April 4, 1996 and
November 4, 1994.  Exemption from 49872			49 U.S.C. 41301 and foreign
air carrier permit purusant to 49 U.S.C. 41302 to conduct foreign air

			transportation between Venezuela and the United States.  Information
available to the Department

			indicates that the applicant has no plans to prosecute the
application.

OST-98-4434		Pan Airlines Cargo Ltd., filed September 9, 1998.
Exemption from 49 U.S.C. 41301 to conduct

			foreign air transportation between Colombia and the United States.
Information available to the

			Department indicates that the applicant has no plans to prosecute the
application.

OST-96-992		Servicios Avensa S.A. (Servivensa), filed January 5, 1996
and January 14, 1997.  Renew

OST-96-998		exemptions from 49 U.S.C. 41301 to conduct foreign air
transportation between Venezuela and

			the United States.  Information available to the Department indicates
that the applicant has no

			plans to prosecute the application.

OST-99-6377		Sky Unlimited Ltd., filed October 18, 1999.  Exemption from
49 U.S.C. 41301 and foreign air

OST-99-6378		carrier permit purusant to 49 U.S.C. 41302 to conduct
foreign air transportation between

			Bahamas and the United States.  Information available to the
Department indicates that the

			applicant has no plans to prosecute the application.

Disposition

Action:  We dismiss the applications described above.

Action taken by:	Paul L. Gretch, Director

			Office of International Aviation

________________________________________________________________________
______________________________________________________________

Persons entitled to petition the Department for review of the actions
set forth in this Notice under the Department’s Regulations, 14 CFR §
385.30, may file their petitions within seven (7) days after the date of
issuance of this Notice.  The actions set forth in this Notice shall be
effective and become the actions of the Department of Transportation
upon expiration of the above period unless within such period a petition
for Department review is filed or the Department gives notice that it
will review one or more actions on its own motion.  The filing of a
petition for review with respect to one of the dismissed items will not
alter the effectiveness of this Notice with respect to the others.

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov//reports/reports_aviation.asp


[Federal Register Volume 86, Number 150 (Monday, August 9, 2021)]
[Rules and Regulations]
[Pages 43406-43409]
[FR Doc No: 2021-17024]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0619; Project Identifier AD-2021-00789-R;
Amendment 39-21678; AD 2021-15-51]
RIN 2120-AA64

Airworthiness Directives; Bell Textron Inc. (Type Certificate
Previously Held by Bell Helicopter Textron Inc.) Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Bell Textron Inc. (type certificate previously held by Bell
Helicopter Textron Inc.) Model 204B, 205A, 205A-1, 205B, and 212
helicopters. This AD was prompted by a fatal accident in which an
outboard main rotor hub strap pin (pin) sheared off during flight,
resulting in the main rotor blade and the main rotor head detaching
from the helicopter. This AD requires removing the pins from service
before further flight and prohibits installing them on any helicopter.
The FAA previously sent an emergency AD to all known U.S. owners and
operators of these helicopters and is now issuing this AD to address
the unsafe condition on these products.

DATES: This AD is effective August 24, 2021. Emergency AD 2021-15-51,
issued on July 6, 2021, which contained the requirements of this
amendment, was effective with actual notice.
    The FAA must receive comments on this AD by September 23, 2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this final rule, contact Bell
Textron, Inc., P.O. Box 482, Fort Worth, TX 76101; telephone (450) 437-
2862 or<PHONE_NUMBER>; fax<PHONE_NUMBER>; email
<EMAIL_ADDRESS>or at https://www.bellflight.com/support/contact-support. You may view this service information at the
FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood
Pkwy., Room 6N-321, Fort Worth, TX 76177. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA 2021-0619; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this final rule, any
comments received, and other information. The street address for Docket
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: David Wilson, Aerospace Engineer, DSCO
Branch, Compliance & Airworthiness Division, FAA, 10101 Hillwood Pkwy.,
Fort Worth, TX 76177; telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    On July 6, 2021, the FAA issued Emergency AD 2021-15-51 (Emergency
AD 2021-15-51), which requires, before further flight, removing from
service all part number (P/N) 204-012-104-005 pins with a serial number
(S/N) prefix ``FNFS''. Emergency AD 2021-15-51 also prohibits
installing the pin on any helicopter as of the emergency AD's effective
date. The FAA sent Emergency AD 2021-15-51 to all known U.S. owners and
operators of these helicopters.
    Emergency AD 2021-15-51 was prompted by a fatal accident on a Bell
Textron Inc. Model 212 helicopter in which a pin P/N 204-012-104-005
with an S/N prefix ``FNFS'' sheared off during flight, which resulted
in the main rotor blade and the main rotor head detaching from the
helicopter. The pin had accumulated only 20 total hours time-in-service
(TIS). An inspection of a different Model 212 helicopter revealed that
another pin installed, and made by the same manufacturer and with the
same S/N prefix, was deformed; this pin had accumulated only 29 total
hours TIS. Failure of the pin could result in the main rotor blade
detaching from the helicopter and subsequent loss of control of the
helicopter.
    Prior to the FAA issuing Emergency AD 2021-15-51, Transport Canada,
which is the aviation authority for Canada, issued Canadian Emergency
AD CF-2021-23, dated July 5, 2021 (Transport Canada Emergency AD CF-
2021-23), to correct an unsafe condition for the following Bell
Helicopter Textron Inc., helicopters:
     Model 204B helicopters, S/Ns 2001 through 2070 and 2196
through 2199;
     Model 205A-1 helicopters, S/Ns 30001 through 30065, 30067
through 30165, 30167 through 30187, 30189 through 30296, and 30298
through 30332;
     Model 205B helicopters, S/Ns 30066, 30166, 30188, and
30297; and
     Model 212 helicopters, S/Ns 30501 through 30999, 31101
through 31311, 32101 through 32142, and 35001 through 35103.
    Transport Canada advises that during an investigation of a Bell
Textron Inc., Model 212 fatal accident in Canada, it was discovered
that a pin P/N 204-012-104-005 with an S/N prefix ``FNFS'', sheared off
during flight, leading to detachment of the main rotor blade and the
main rotor head. The pin had accumulated only 20 hours of service, and
inspection of another Canadian Bell Textron Inc., Model 212 helicopter
found a pin of the same P/N, made by the same manufacturer, with the
same S/N prefix ``FNFS'', to be deformed after only approximately 29
hours in service. According to Transport Canada, failure of a main
rotor hub strap pin will result in detachment of the main rotor blade
and loss of control of the helicopter.
    Transport Canada also advises that, although the defective pins
were only reported on Bell Textron Inc., Model 212 helicopters, pins of
the same P/N can also be installed on Bell Textron Inc., Model 204B,
205A-1, and 205B helicopters. While the cause of failure has not been
determined, as a precautionary measure and to address the risk of
detachment of main rotor hub strap pins in flight, Bell has issued
Alert Service Bulletins to require replacing all pins with P/N 204-012-
104-005 that have S/N prefix ``FNFS''. Accordingly, Transport Canada
Emergency AD CF-2021-23 mandates replacement of affected pins.
Transport Canada considers its emergency AD an interim action and
states that further AD action may follow.

FAA's Determination

    The FAA is issuing this AD after evaluating all the relevant
information and determining that the unsafe condition described
previously is likely to exist or develop in other products of these
same type designs.

Related Service Information

    The FAA reviewed the following Bell Alert Service Bulletins (ASBs),
each dated July 5, 2021:
     ASB 204B-21-74 for Bell Textron Inc., Model 204B
helicopters, S/Ns 2001 through 2070 and 2196 through 2199;
     ASB 205-21-117 for Bell Textron Inc., Model 205A and 205A-
1 helicopters, S/Ns 30001 through 30065, 30067 through 30165, 30167
through 30187, 30189 through 30296, and 30298 through 30332;
     ASB 205B-21-71 for Bell Textron Inc., Model 205B
helicopters, S/Ns30066, 30166, 30188 and 30297; and
     ASB 212-21-165 for Bell Textron Inc., Model 212
helicopters, S/Ns 30501 through 30999, 31101 through 31311, 32101
through 32142, and 35001 through 35103.
    The ASBs specify removing all P/N 204-012-104-005 pins with an S/N
prefix ``FNFS'' before further flight. The ASBs also specify that,
although the investigation is still in progress, removing these pins
from service is required. The ASBs state that these pins may not have
been manufactured in accordance with the engineering design
requirements and may therefore shear as a result of this
nonconformance.

AD Requirements

    This AD requires removing from service all P/N 204-012-104-005 pins
with an S/N prefix ``FNFS'' before further flight. This AD also
prohibits installing this pin on any helicopter as of the effective
date of this AD.

Interim Action

    The FAA considers this AD to be an interim action. If final action
is later identified, the FAA might consider further rulemaking.

Justification for Immediate Adoption and Determination of the Effective
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
    An unsafe condition exists that required the immediate adoption of
Emergency AD 2021-15-51, issued on July 6, 2021, to all known U.S.
owners and operators of these helicopters. The FAA found that the risk
to the flying public justified waiving notice and comment prior to
adoption of this rule because an urgent unsafe condition existed and
corrective action was required before further flight. This condition
still exists, therefore, notice and opportunity for prior public
comment are impracticable and contrary to the public interest pursuant
to 5 U.S.C. 553(b)(3)(B).
    In addition, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days,
for the same reasons the FAA found good cause to forego notice and
comment.

Comments Invited

    The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include the docket number FAA 2021-0619 and Project
Identifier AD-2021-00789-R at the beginning of your comments. The most
helpful comments reference a specific portion of the final rule,
explain the reason for any recommended change, and include supporting
data. The FAA will consider all comments received by the closing

date and may amend this final rule because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this final rule.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this AD contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this AD, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this AD. Submissions containing CBI should be sent to David
Wilson, Aerospace Engineer, DSCO Branch, Compliance & Airworthiness
Division, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone
(817) 222-5786; email<EMAIL_ADDRESS>Any commentary that the FAA
receives which is not specifically designated as CBI will be placed in
the public docket for this rulemaking.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt
a rule without prior notice and comment. Because the FAA has determined
that it has good cause to adopt this rule without prior notice and
comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 160 helicopters of U.S.
registry. Labor rates are estimated at $85 per work-hour. Based on
these numbers, the FAA estimates the following costs to comply with
this AD.
    Replacing up to four pins takes about 20 work-hours and parts cost
about $1,756 for four pins for an estimated cost of up to $3,456 per
helicopter.

Authority for This Rulemaking

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

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866, and
    (2) Will not affect intrastate aviation in Alaska.

List of Subjects in 14 CFR Part 39

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

The Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive:
2021-15-51 Bell Textron Inc. (Type Certificate Previously Held by
Bell Helicopter Textron Inc.): Amendment 39-21678; Docket No. FAA
2021-0619; Project Identifier AD-2021-00789-R.

(a) Effective Date

    This airworthiness directive (AD) is effective without actual
notice on August 24, 2021. Emergency AD 2021-15-51, issued on July
6, 2021, which contained the requirements of this amendment, was
effective with actual notice.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bell Textron Inc. (type certificate
previously held by Bell Helicopter Textron Inc.) Model 204B, 205A,
205A-1, 205B, and 212 helicopters, certificated in any category,
with an outboard main rotor hub strap pin (pin) part number 204-012-
104-005 with a serial number prefix ``FNFS'' installed.

(d) Subject

    Joint Aircraft System Component (JASC) Code/Air Transport
Association (ATA) of America Code: 6200, Main rotor system.

(e) Unsafe Condition

    This AD was prompted by a fatal accident in which a pin sheared
off during flight, resulting in the main rotor blade and the main
rotor head detaching from the helicopter. The FAA is issuing this AD
to address this unsafe condition and prevent loss of control of the
helicopter.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Required Actions

    (1) Before further flight, remove from service any pin that is
identified in paragraph (c) of this AD.
    (2) As of the effective date of this AD, do not install any pin
that is identified in paragraph (c) of this AD on any helicopter.

(h) Special Flight Permits

    Special flight permits are prohibited.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, DSCO Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or local Flight Standards District Office, as
appropriate. If sending information directly to the manager of the
certification office, send it to the attention of the person
identified in in paragraph (j)(1) of this AD. Information may be
emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(j) Related Information

    (1) For more information about this AD, contact David Wilson,
Aerospace Engineer, DSCO Branch, Compliance & Airworthiness
Division, FAA, 10101 Hillwood Pkwy., Fort

Worth, TX 76177; telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>    (2) The subject of this AD is addressed in Transport Canada
Emergency AD CF-2021-23, dated July 5, 2021.

    Issued on July 30, 2021.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-17024 Filed 8-5-21; 4:15 pm]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 139 (Tuesday, July 21, 2015)]
[Rules and Regulations]
[Pages 43012-43015]
[FR Doc No: 2015-17966]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 91 and 119

[Docket No. FAA-FAA-2015-0517]

Policy Regarding Living History Flight Experience Exemptions for
Passenger Carrying Operations Conducted for Compensation and Hire in
Other Than Standard Category Aircraft

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of policy statement.

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

SUMMARY: With this document, the Federal Aviation Administration (FAA)
cancels all previous agency policies pertaining to the carriage of
passengers for compensation on Living History Flight Experience (LHFE)
flights. This policy statement announces the end of FAA moratorium on
new petitions for exemption, or amendments to exemptions from certain
sections of Title 14, Code of Federal Regulations (14 CFR) for the
purpose of carrying passengers for compensation or hire on LHFE
Flights.

DATES: The moratorium will end on July 21, 2015.

FOR FURTHER INFORMATION CONTACT: General Aviation and Commercial
Division, General Aviation Operations Branch (AFS-830), Flight
Standards Service, FAA, 800 Independence Avenue SW., Washington, DC
20591; telephone<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    The FAA has historically found the preservation of U.S. aviation
history to be in the public interest, including preservation of certain
former military

aircraft transferred to private individuals or organizations for the
purpose of restoring and operating these aircraft. In 1996, the FAA
received exemption requests from not-for-profit organizations to permit
the carriage of persons for compensation in both Limited and
Experimental category, former-military, historically-significant
aircraft. These requests offered to provide a short in-flight
experience to these aircraft in exchange for compensation, leading to
the term Nostalgia Flights, then later Living History Flight Experience
(LHFE), and provided a means for private civilian owners to offset the
considerable restoration, maintenance and operational costs. The FAA
determined that, in certain cases, operators could conduct LHFE flights
at an acceptable level of safety and in the public interest, in
accordance with appropriate conditions and limitations.
    These original requests involved large, crew-served, piston-
powered, multi-engine World War II (WWII) vintage aircraft. In order to
maintain safe operations of these aircraft, the FAA required flight
crewmembers to meet certain qualifications and training requirements
that included FAA-approved training, maintaining training records, and
reporting procedures. As the public availability of purchase for former
military aircraft increased, along with an increase in public interest
for maintaining and operating these aircraft, so grew the requests for
LHFE relief.
    In 2004, to address a range of new aircraft requests and clarify
the FAA's position, the FAA published a notice of policy statement
(FAA-2004-17648). The policy limited LHFE relief to slower, piston-
powered, multi-engine airplanes of WWII or earlier vintage, citing the
unique opportunity to experience flight in aircraft such as the B-17
Flying Fortress and B-24 Liberator which could still be operated
safely, considering limited parts and specialty-fuel supplies. In
addition, qualifying aircraft would have no similar standard
airworthiness counterpart that could allow a similar experience without
the need for regulatory relief. The FAA also determined supersonic jets
would not be considered because their operational speeds made it likely
that any in-flight emergency may result in serious injuries or
fatalities. The policy detailed that, in permitting the carriage of
passengers, flight crewmembers were required to meet more stringent
pilot qualifications as well as training requirements that included an
FAA-approved training program, maintenance of training records, and
reporting procedures.
    In the years that followed, the FAA received petitions to operate a
broad range of aircraft, including large turbojet-powered aircraft,
foreign-manufactured aircraft and aircraft models that remained in
military service, or were readily available in the open market. The
petitions raised significant concerns within the FAA, and led to a
reexamination and refinement of the criteria for issuing exemptions
pertaining to LHFE flights.
    In 2007, after requesting and receiving public comment on the
matter, the FAA published an updated policy statement (72 FR 57196)
that provided consideration for any aircraft on a case-by-case basis,
so long as the petitioner demonstrates that (1) there is an overriding
public interest in providing a financial means for a non-profit
organization to continue to preserve and operate these historic
aircraft, and (2) adequate measures, including all conditions and
limitations stipulated in the exemption, will be taken to ensure
safety. Additionally, the FAA refined and expanded its previous list of
criteria, requiring numerous aircraft-operation components, including
crew qualification and training, aircraft maintenance and inspection,
passenger safety and training, safety of the non-participating public,
as well as manufacturing criteria, and a petitioner's non-profit
status. The FAA also included consideration for the number of existing
operational aircraft and petitioners available to provide the historic
service to the public.
    The evolution of LHFE operations in the private sector, along with
the availability of newer and more capable former military aircraft,
raised new public safety and public policy concerns. The FAA
accommodated several requests to operate more modern military jet
aircraft. Conditions and limitations for operations grew in number, and
were, in some cases, misinterpreted as permitting operations that the
FAA did not contemplate or intend. Examples included cases of
passengers manipulating the aircraft flight controls to proposals of
LHFE flights performing aerobatic maneuvers, simulating aerial combat
in the interest of ``historical experience.''
    Consequently, in 2011, the FAA published a new policy statement
announcing a moratorium on LHFE exemptions for new operators and the
addition of aircraft to existing LHFE exemptions. The moratorium
permitted existing exemption holders to continue operations, and to
renew their exemptions, but stated that the FAA would add clarifying
limitations to all LHFE petitions renewed or extended during that time.
    In June of 2012, the FAA held public meetings to gather additional
technical input. Discussion addressed 35 questions posed by the FAA and
included as part of the meeting notice. In addition to statements
provided by the public meeting attendees, over 500 comments were
received in the docket (Docket No. FAA-2012-0374) established for
public input. The meeting was focused to address industry comments
related to the LHFE policy notices of 2004 and 2007 and areas of
concern based on safety recommendations, FAA internal discussions, and
post 2007 developments. Small work groups were formed to discuss
general policy, exemption issuance, limitations, weather minimums,
pilot qualification and currency, and maintenance and inspection. The
area of interest that generated the most discussion was regarding
limitations placed on LHFE operations--specifically, passengers
occupying crew seats or positions, aerobatics, and requirements for
arresting gear for high performance jets. The largest general policy
topic discussed was regarding whether the FAA planned on excluding
turbojets or supersonic aircraft in the policy. The work groups also
explored criteria for determining historical significance, replicas,
operational control and responsible persons, manuals, compliance
history, and training requirements.
    The majority of the 519 written comments were either in favor of
keeping the existing exemption policy or expanding on its provisions.
Fifty-nine (11%) comment submissions desired no changes to the current
LHFE policy. Eight commenters provided detailed comments to each of the
questions posed within the FAA's areas of interest. In regards to
training, safety and operational control, a commenter stated his belief
that the employees/pilots/crew of the aircraft for hire have annual
training and that the aircraft should be on an FAA/manufacturer
approved inspection program, and that this training and adherence to
the required and recommended inspections/maintenance provides a
reasonable level of government protection to the flying and non-flying
public. Eight commenters suggested a more restrictive LHFE Exemption
policy, and one commenter supported the use of drug testing for LHFE
flight crews. One commenter suggested that good guidance already exists
in the A008 Operations Specification of Part 135 certificate holders,
and that much of

that guidance can be reasonably applied to LHFE. The FAA concurs and
finds good reason to include certain elements found in part 135;
specifically those related to operational control and document
structure. 516 (99%) written comments expressed support for LHFE
exemptions, while three (1%) were opposed.
    The FAA also held meetings with curators at the Smithsonian
National Air and Space Museum and reviewed the United States General
Accounting Office (GAO) report on Preserving DOD Aircraft Significant
to Aviation History to understand how other organizations determine
``historical significance'' as part of determining criteria to satisfy
``public interest''.
    Also during the moratorium, two accidents involving LHFE operators
occurred which led the FAA to further research and develop safety
mitigations to operational and maintenance issues highlighted by the
investigations. The need to develop a safety and risk management system
as part of the new policy was evident, and supported by comments
received. One such comment stated, in part that it is important to try
and mitigate some of the risks and to inform the public about the risks
of the activity.
    Therefore, based on FAA research, comments and transcripts of the
public meeting, as well as an evaluation of public safety risks, the
FAA finds good reason to publish a new policy. While the FAA is lifting
the 2011 moratorium with this policy, we are also setting forth
specific criteria that the FAA will use in considering any LHFE
petition for exemption, or petition to extend or amend an existing
exemption.

FAA Policy

    The FAA announces the end of the FAA-imposed moratorium on new
petitions for exemption, or amendments to existing exemptions, from
certain sections of 14 CFR for the purpose of carrying passengers for
compensation or hire on LHFE flights. The FAA is also cancelling all
previously issued LHFE policy statements. The FAA will now consider new
petitions for exemption, or requests for extensions or amendments to
current exemptions in accordance with the following criteria.

A. Aircraft Must Be ``Historically Significant''

    Each aircraft must be ``historically significant'' according to the
following criteria:
    1. U.S. operated: The aircraft must meet a documented set of U.S.
military standards for its airworthiness and operations in U.S.
military service.
    2. Not in service: Aircraft currently operated by the U.S. military
or in civilian service will not be considered. This exclusion includes
variants of those aircraft.
    3. Fragile: The aircraft must be ``fragile.'' Accepted practices in
the collection of aircraft include ``fragility'' as a factor that
necessitates preservation. If there are hundreds of models of a
particular aircraft still flying, that aircraft's existence would not
be considered ``fragile.'' If, on the other hand, there are few
remaining aircraft and the model could become ``extinct'' without
preservation efforts, that aircraft would be considered ``fragile.''
Each aircraft request will be reviewed for ``fragility'' on a case-by-
case basis.
    4. Age: The original type design must be at least 50 years old.
This requirement is consistent with the policy used by the National
Register of Historical Places to determine historical significance
(Reference: National Register Bulletin: Guidelines for Evaluating and
Documenting Historic Aviation Properties. US Department of Interior,
1998, p. 34-35).
    5. No Available Standard Category Aircraft: Aircraft for which a
standard category civilian model is available will not be considered.
(e.g., the T-28A achieved certification as a standard aircraft, while
the other versions, T-28B/C, etc. were strictly military variants and
not eligible for certification in the standard category).
    Replicas will not be considered. This element relates to the
``integrity'' of the structure or object as defined by the National
Register of Historical Places, as described in the GAO report on
Aircraft Preservation (Reference: Aircraft Preservation: Preserving DOD
Aircraft Significant to Aviation History, GAO/NSIAD-8-170BR, May 1988,
Appendix III, p. 13).

B. Designation of a Responsible Person and Operational Control
Structure

    The FAA will review each petition to identify a responsible party,
and an operational control structure or chain of command within the
manual system for pilots, maintenance, and support personnel.
Consequently, each petition should designate a responsible person whom
the FAA can contact for both operations and maintenance functions.

C. Safety & Risk Analysis

    The FAA will use Safety Risk Management (SRM) and Equal Level of
Safety (ELoS) principles to guide its safety review in connection with
any future LHFE exemption petition or request. This safety review will
include, but will not be limited to, an analysis of whether hazards and
risks have been identified and responded to through appropriate
mitigating strategies. As such, each petitioner should be guided by the
following criteria:
     An understanding and use of Safety Risk Management (SRM)
principles.
     A plan to mitigate risks as they become known, or to
correct an unsafe condition or practice. This includes, but is not
limited to, risks in design, manufacturing, maintenance and operations.
     A detailed explanation of all supporting and historical
safety-related data, such as: Maintenance history, airworthiness
status, conformity to the Type Certificate Data Sheet (TCDS--for
Limited category airworthiness certificates), operational failure
modes, aging aircraft factors, and civilian and military accident
rates. For example, the FAA will consider:
    [cir] Operator history, including accidents and incidents,
regulatory compliance and FAA surveillance history.
    [cir] Maintenance records, including modifications.
    [cir] Training records.
    [cir] The aircraft's operational history, including the operator's
proposed mitigation of known risks.
    [cir] Operating limitations to enhance safety, clarify, and
remediate differences in like aircraft.
    [cir] The FAA will assess and, if necessary, require changes to
passenger safety in terms of configuration, seats, crashworthiness, and
emergency egress, etc.
     The operator should be able to demonstrate to the FAA,
upon request, the passenger's ability to egress each aircraft in the
event of an emergency in which the crewmember(s) is unable to assist.

D. Manual System

    LHFE operators should be able to demonstrate the existence of a
manual system similar in terms of intent and scope of those in 14 CFR
part 135. The FAA will evaluate the operator's manuals, including:
     Operations Manual (General Operations Manual-GOM).
     Pilot Training Manual and Qualifications.
     Maintenance and Line Support Training Manuals.
     Maintenance Manual (AIP) including, but not limited to:
    [cir] Review of previously approved AIPs as provided by 14 CFR
91.415
    [cir] Maintenance training elements.
    [cir] Replacement plan for time-limited parts or development of an
on-condition inspection program for such parts.

    [cir] Aging aircraft inspection program.
    [cir] Corrosion inspection program.
    [cir] Continued Operational Safety (COS).
     SMS Manual.

E. Other Considerations

    LHFE operations, as it applies to the passenger(s) experience, is
limited to the sole purpose of being onboard the aircraft during
flight. The FAA will not consider expanded operations such as flight
training, aerobatics, and passenger manipulation of the flight
controls.
    The FAA will always consider whether a request benefits the public
as a whole and how the request would provide a level of safety at least
equal to that provided by the rule in accordance with 14 CFR 11.81.
Moreover, the FAA may impose additional conditions and limitations or
deny petitions regardless of this policy statement to adequately
mitigate safety concerns and risk factors as they become known.

Filing a Petition for Exemption or To Request an Amendment or Extension
to an Existing Exemption

    To submit a petition for exemption or to request an amendment or
extension to an existing exemption, all petitioners must follow the
procedures set forth in part 11 of title 14 of the Code of Federal
Regulations.

    Issued in Washington, DC, on July 10, 2015.
John S. Duncan,
Director, Flight Standards Service.
[FR Doc. 2015-17966 Filed 7-20-15; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 211 (Thursday, November 2, 2017)]
[Notices]
[Pages 50912-50916]
[FR Doc No: 2017-23830]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81973; File No. SR-NASDAQ-2017-090]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Order
Granting Approval of Proposed Rule Change, as Modified by Amendment No.
1, To List and Trade Shares of the Eaton Vance Oaktree Diversified
Credit NextSharesTM Under Nasdaq Rule 5745

October 27, 2017.

I. Introduction

    On August 30, 2017, 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 common shares (``Shares'') of
the Eaton Vance Oaktree Diversified Credit NextSharesTM
(``Fund'') under Nasdaq Rule 5745. The proposed rule change was
published for comment in the Federal Register on September 15, 2017.\3\
On September 27, 2017, the Exchange filed Amendment No. 1 to the
proposed rule change.\4\ The Commission

received no comments on the proposed rule change. This order grants
approval of the proposed rule change, as modified by Amendment No. 1.
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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. 81574 (September 11,
2017), 82 FR 43423 (``Notice'').
    \4\ Amendment No. 1 to the proposed rule change replaces and
supersedes the original filing in its entirety. In Amendment No. 1,
the Exchange, among other things: (i) Clarified that each of the
Adviser (as defined below) and the Sub-Adviser (as defined below) is
affiliated with a broker-dealer and each has implemented and will
maintain a fire wall with respect to its affiliated broker-dealer
regarding access to information concerning the composition and/or
changes to the Fund's portfolio and 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 open-end fund's
portfolio; (ii) stated that the credit-related investments that the
Fund will invest in will include mortgage-backed securities and
mortgage-related securities; (iii) clarified that the Financial
Industry Regulatory Authority, Inc. (``FINRA''), on behalf of the
Exchange, will communicate as needed with, and may obtain
information from, other markets and entities that are members of the
Intermarket Surveillance Group (``ISG'') regarding trading in the
Shares and in exchange-traded securities and instruments held by the
Fund (to the extent those exchange-traded securities and instruments
are known through the publication of the Composition File (as
referenced herein) and periodic public disclosures of the Fund's
portfolio holdings), and the Exchange may obtain such trading
information from markets and other entities that are members of ISG
or with which the Exchange has in place a comprehensive surveillance
sharing agreement; (iv) clarified that the Exchange will obtain a
representation from the issuer of the Shares that the net asset
value (``NAV'') per Share will be calculated daily (on each day the
New York Stock Exchange is open for trading) and provided to Nasdaq
via the Mutual Fund Quotation Service (``MFQS'') by the Fund
accounting agent and that as soon as the NAV is entered into the
MFQS, Nasdaq will disseminate the NAV to market participants and
market data vendors via the Mutual Fund Dissemination Service
(``MFDS'') so all firms will receive the NAV per Share at the same
time; and (v) corrected typos and removed redundant information.
Amendment No. 1 is available at: https://www.sec.gov/comments/sr-nasdaq-2017-090/nasdaq2017090-2605293-161141.pdf. Because Amendment
No. 1 to the proposed rule change does not materially alter the
substance of the proposed rule change or raise unique or novel
regulatory issues, Amendment No. 1 is not subject to notice and
comment.
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II. Exchange's Description of the Proposed Rule Change

    The Exchange proposes to list and trade the Shares of the Fund
under Nasdaq Rule 5745, which governs the listing and trading of
Exchange-Traded Managed Fund Shares, as defined in Nasdaq Rule
5745(c)(1). The Fund is a series of the Eaton Vance NextShares Trust II
(``Trust''). The Exchange represents that the Trust is registered with
the Commission as an open-end investment company and that it has filed
a registration statement on Form N-1A (``Registration Statement'') with
the Commission with respect to the Fund.\5\ Eaton Vance Management
(``Adviser'') will be the Adviser to the Fund.\6\ Oaktree Capital
Management, L.P. (``Sub-Adviser'') will be the Sub-Adviser to the Fund.
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    \5\ See Post-Effective Amendment No. 3 to the Registration
Statement on Form N-1A for the Trust dated August 8, 2017 (File Nos.
333-197734 and 811-22983).
    \6\ According to the Exchange, the Commission has issued an
order granting the Adviser, Eaton Vance NextShares Trust, and the
Trust and certain affiliates exemptive relief under the Investment
Company Act of 1940 (``1940 Act''). See Investment Company Act
Release No. 31361 (December 2, 2014) (File No. 812-14139)
(``Order''). In compliance with Nasdaq Rule 5745(b)(5), which
applies to Shares based on an international or global portfolio, the
application for the Order states that the Fund will comply with the
federal securities laws in accepting securities for deposits and
satisfying redemptions with securities, including that the
securities accepted for deposits and the securities used to satisfy
redemption requests are sold in transactions that would be exempt
from registration under the Securities Act of 1933, as amended.
---------------------------------------------------------------------------

    Foreside Fund Services, LLC will be the principal underwriter and
distributor of the Fund's Shares. State Street Bank and Trust Company
will act as the accounting agent, custodian, and transfer agent to the
Fund. ICE Data Services will be the intraday indicative value
calculator to the Fund.
    The Exchange has made the following representations and statements
in describing the Fund.\7\ According to the Exchange, the Fund will be
actively managed and will pursue the principal investment strategies
described below.\8\
---------------------------------------------------------------------------

    \7\ The Commission notes that additional information regarding
the Trust, the Fund, and the Shares, including investment
strategies, risks, creation and redemption procedures, calculation
of NAV, fees, distributions, and taxes, among other things, can be
found in Amendment No. 1 and the Registration Statement, as
applicable. See supra notes 4 and 5, respectively, and accompanying
text.
    \8\ According to the Exchange, additional information regarding
the Fund will be available on a free public Web site for the Fund
(www.eatonvance.com and/or www.nextshares.com) and in the
Registration Statement for the Fund.
---------------------------------------------------------------------------

A. Principal Investment Strategies

    The investment objective of the Fund is total return. The Fund will
invest at least 80% of its net assets (plus any borrowings for
investment purposes) in credit-related investments (the ``80%
Policy''). For purposes of the 80% Policy, ``credit-related
investments'' are fixed-income, variable rate, and floating-rate
securities, as well as derivatives that provide exposure to such
investments. Credit-related investments are corporate debt, senior
loans, structured credit investments, emerging market debt, real estate
debt,\9\ and convertible securities.
---------------------------------------------------------------------------

    \9\ Real estate debt includes mortgage-backed securities and
mortgage-related securities.
---------------------------------------------------------------------------

B. Portfolio Disclosure and Composition File

    Consistent with the disclosure requirements that apply to
traditional open-end investment companies, a complete list of the
Fund's current portfolio positions will be made available at least once
each calendar quarter, with a reporting lag of not more than 60 days.
The Fund may provide more frequent disclosures of portfolio positions
at its discretion.
    As defined in Nasdaq Rule 5745(c)(3), the ``Composition File'' is
the specified portfolio of securities and/or cash that the Fund will
accept as a deposit in issuing a creation unit of Shares, and the
specified portfolio of securities and/or cash that the Fund will
deliver in a redemption of a creation unit of Shares. The Composition
File will be disseminated through the National Securities Clearing
Corporation once each business day before the open of trading in Shares
on that day and also will be made available to the public each day on a
free Web site.\10\ Because the Fund seeks to preserve the
confidentiality of its current portfolio trading program, the Fund's
Composition File generally will not be a pro rata reflection of the
Fund's investment positions. Each security included in the Composition
File will be a current holding of the Fund, but the Composition File
generally will not include all of the securities in the Fund's
portfolio or match the weightings of the included securities in the
portfolio. Securities that the Adviser is in the process of acquiring
for the Fund generally will not be represented in the Fund's
Composition File until the purchase has been completed. Similarly,
securities that are held in the Fund's portfolio but are in the process
of being sold may not be removed from its Composition File until the
sale is substantially completed. When creating and redeeming Shares in-
kind, the Fund will use cash amounts to supplement the in-kind
transactions to the extent necessary to ensure that creation units are
purchased and redeemed at NAV. The Composition File also may consist
entirely of cash, in which case it will not include any of the
securities in the Fund's portfolio.\11\
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    \10\ The Exchange represents that the free public Web site
containing the Composition File will be at www.eatonvance.com and/or
www.nextshares.com.
    \11\ In determining whether the Fund will issue or redeem
creation units entirely on a cash basis, the key consideration will
be the benefit that would accrue to the Fund and its investors.
---------------------------------------------------------------------------

C. Intraday Indicative Value

    An estimated value of an individual Share, defined in Nasdaq Rule
5745(c)(2) as the ``Intraday Indicative Value'' (``IIV''), will be
calculated and disseminated at intervals of not more than 15 minutes
throughout the Regular Market Session \12\ when Shares trade on the
Exchange. The Exchange will obtain a representation from the issuer of
the Shares that the IIV will be calculated on an intraday basis and
provided to Nasdaq for dissemination via the Nasdaq Global Index
Service. The IIV will be based on current information regarding the
value of the securities and other assets held by the Fund.\13\ The
purpose of the IIV is to enable investors to estimate the next-
determined NAV so they can determine the number of Shares to buy or
sell if they want to transact in an approximate dollar amount.\14\
---------------------------------------------------------------------------

    \12\ 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 (``E.T.''); (2) Regular Market Session from
9:30 a.m. to 4:00 p.m. or 4:15 p.m. E.T.; and (3) Post-Market
Session from 4:00 p.m. or 4:15 p.m. to 8:00 p.m. E.T.).
    \13\ The IIV disseminated throughout each trading day would be
based on the same portfolio as used to calculate that day's NAV. The
Fund will reflect purchases and sales of portfolio positions in its
NAV the next business day after trades are executed.
    \14\ In NAV-Based Trading (as referenced herin), prices of
executed trades are not determined until the reference NAV is
calculated, so buyers and sellers of Shares during the trading day
will not know the final value of their purchases and sales until the
end of the trading day. The Exchange represents that the
Registration Statement, Web site, and any advertising or marketing
materials will include prominent disclosure of this fact. The
Exchange states that although the IIV may provide useful estimates
of the value of intraday trades, they cannot be used to calculate
with precision the dollar value of the Shares to be bought or sold.

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

D. NAV-Based Trading

    Because Shares will be listed and traded on the Exchange, Shares
will be available for purchase and sale on an intraday basis. Shares
will be purchased and sold in the secondary market at prices directly
linked to the Fund's next-determined NAV using a trading protocol
called ``NAV-Based Trading.'' All bids, offers, and execution prices of
Shares will be expressed as a premium/discount (which may be zero) to
the Fund's next-determined NAV (e.g., NAV-$0.01, NAV+$0.01).\15\ The
Fund's NAV will be determined each business day, normally as of 4:00
p.m. E.T. Trade executions will be binding at the time orders are
matched on Nasdaq's facilities, with the transaction prices contingent
upon the determination of NAV. Nasdaq represents that all Shares listed
on the Exchange will have a unique identifier associated with their
ticker symbol, which will indicate that the Shares are traded using
NAV-Based Trading.
---------------------------------------------------------------------------

    \15\ According to the Exchange, the premium or discount to NAV
at which Share prices are quoted and transactions are executed will
vary depending on market factors, including the balance of supply
and demand for Shares among investors, transaction fees, and other
costs in connection with creating and redeeming creation units of
Shares, the cost and availability of borrowing Shares, competition
among market makers, the Share inventory positions and inventory
strategies of market makers, the profitability requirements and
business objectives of market makers, and the volume of Share
trading.
---------------------------------------------------------------------------

    According to the Exchange, member firms will utilize certain
existing order types and interfaces to transmit Share bids and offers
to Nasdaq, which will process Share trades like trades in shares of
other listed securities.\16\ In the systems used to transmit and
process transactions in Shares, the Fund's next-determined NAV will be
represented by a proxy price (e.g., 100.00) and a premium/discount of a
stated amount to the next-determined NAV to be represented by the same
increment/decrement from the proxy price used to denote NAV (e.g., NAV-
$0.01 would be represented as 99.99; NAV+$0.01 as 100.01).
---------------------------------------------------------------------------

    \16\ According to the Exchange, all orders to buy or sell Shares
that are not executed on the day the order is submitted will be
automatically cancelled as of the close of trading on that day.
Prior to the commencement of trading in the Fund, the Exchange will
inform its members in an information circular (``Information
Circular'') of the effect of this characteristic on existing order
types.
---------------------------------------------------------------------------

    To avoid potential investor confusion, Nasdaq represents that it
will work with member firms and providers of market data services to
seek to ensure that representations of intraday bids, offers, and
execution prices of Shares that are made available to the investing
public follow the ``NAV-$0.01/NAV+$0.01'' (or similar) display format.
Specifically, the Exchange will use the NASDAQ Basic and NASDAQ Last
Sale data feeds to disseminate intraday price and quote data for Shares
in real time in the ``NAV-$0.01/NAV+$0.01'' (or similar) display
format. Member firms may use the NASDAQ Basic and NASDAQ Last Sale data
feeds to source intraday Share prices for presentation to the investing
public in the ``NAV-$0.01/NAV+$0.01'' (or similar) display format.
    Alternatively, member firms may source intraday Share prices in
proxy price format from the Consolidated Tape and other Nasdaq data
feeds (e.g., Nasdaq TotalView and Nasdaq Level 2) and use a simple
algorithm to convert prices into the ``NAV-$0.01/NAV+$0.01'' (or
similar) display format. Prior to the commencement of trading in the
Fund, the Exchange will inform its members in an Information Circular
of the identities of the specific Nasdaq data feeds from which intraday
Share prices in proxy price format may be obtained.

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.\17\ In particular, the Commission finds that the
proposed rule change, as modified by Amendment No. 1, is consistent
with Section 6(b)(5) of the Act,\18\ 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.
---------------------------------------------------------------------------

    \17\ 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).
    \18\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Shares will be subject to Nasdaq Rule 5745, which sets forth
the initial and continued listing criteria applicable to Exchange-
Traded Managed Fund Shares. A minimum of 50,000 Shares and no less than
two creation units of the Fund will be outstanding at the commencement
of trading on the Exchange.
    Nasdaq deems the Shares to be equity securities, thus rendering
trading in the Shares subject to Nasdaq's existing rules governing the
trading of equity securities. Every order to trade Shares of the Fund
is subject to the proxy price protection threshold of plus/minus $1.00,
which determines the lower and upper thresholds for the life of the
order and provides that the order will be cancelled at any point if it
exceeds $101.00 or falls below $99.00.\19\ With certain exceptions,
each order also must contain the applicable order attributes, including
routing instructions and time-in-force information, as described in
Nasdaq Rule 4703.\20\
---------------------------------------------------------------------------

    \19\ See Nasdaq Rule 5745(h).
    \20\ See Nasdaq Rule 5745(b)(6).
---------------------------------------------------------------------------

    Nasdaq also represents that 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.\21\ The Exchange represents that these surveillance procedures
are adequate to properly monitor trading of Shares on the Exchange and
to deter and detect violations of Exchange rules and applicable federal
securities laws. FINRA, on behalf of the Exchange, will communicate as
needed with, and may obtain information from, other markets and
entities that are members of the ISG regarding trading in the Shares,
and in exchange-traded securities and instruments held by the Fund (to
the extent those exchange-traded securities and instruments are known
through the publication of the Composition File and periodic public
disclosures of the Fund's portfolio holdings). In addition, the
Exchange may obtain information regarding trading in the Shares, and in
exchange-traded securities and instruments held by the Fund (to the
extent those exchange-traded securities and instruments are known
through the publication of the Composition File and periodic public
disclosures of the Fund's portfolio holdings), from markets and other
entities that are members of ISG or with which the Exchange has in
place a comprehensive surveillance sharing agreement. Moreover, FINRA,
on behalf of the Exchange, will be 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.
---------------------------------------------------------------------------

    \21\ The Exchange states that FINRA provides surveillance of
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.
---------------------------------------------------------------------------

    Prior to the commencement of trading in the Fund, 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 information regarding the IIV and Composition File is
disseminated; (d) the requirement that members deliver a prospectus to
investors purchasing Shares prior to or concurrently with the
confirmation of a transaction; and (e) information regarding NAV-Based
Trading protocols.
    The Information Circular also will identify the specific Nasdaq
data feeds from which intraday Share prices in proxy price format may
be obtained. As noted above, all orders to buy or sell Shares that are
not executed on the day the order is submitted will be automatically
cancelled as of the close of trading on that day, and the Information
Circular will discuss the effect of this characteristic on existing
order types. In addition, Nasdaq intends to provide its members with a
detailed explanation of NAV-Based Trading through a Trading Alert
issued prior to the commencement of trading in Shares on the Exchange.
    Nasdaq states that each of the Adviser and the Sub-Adviser is not a
registered broker-dealer; however, each is affiliated with a broker-
dealer. Nasdaq further states that each of the Adviser and the Sub-
Adviser has implemented and will maintain a fire wall with respect to
its affiliated broker-dealer regarding access to information concerning
the composition of, and/or changes to, the Fund's portfolio.\22\ 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
open-end fund's portfolio. The Reporting Authority \23\ will implement
and maintain, or ensure that the Composition File will be subject to,
procedures designed to prevent the use and dissemination of material
non-public information regarding the Fund's portfolio positions and
changes in the positions. In the event that (a) the Adviser or the Sub-
Adviser registers as a broker-dealer or becomes 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, it
will implement and maintain a fire wall with respect to its relevant
personnel and/or such broker-dealer affiliate, as the case may be,
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 the portfolio.
---------------------------------------------------------------------------

    \22\ See Amendment No. 1, supra note 4. The Exchange further
represents 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, each of the Adviser and the Sub-
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.
    \23\ See Nasdaq Rule 5745(c)(4).
---------------------------------------------------------------------------

    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,\24\ 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. Information regarding
NAV-Based Trading prices, best bids and offers for Shares, and volume
of Shares traded will be continuously available on a real-time basis
throughout each trading day on brokers' computer screens and other
electronic services. All bids and offers for Shares and all Share trade
executions will be reported intraday in real time by the Exchange to
the Consolidated Tape \25\ and separately disseminated to member firms
and market data services through the Exchange data feeds.
---------------------------------------------------------------------------

    \24\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
    \25\ Due to systems limitations, the Consolidated Tape will
report intraday execution prices and quotes for Shares using a proxy
price format. Nasdaq has represented that it will separately report
real-time execution prices and quotes to member firms and providers
of market data services in the ``NAV-$0.01/NAV+$0.01'' (or similar)
display format, and will otherwise seek to ensure that
representations of intraday bids, offers and execution prices for
Shares that are made available to the investing public follow the
same display format.
---------------------------------------------------------------------------

    The Commission notes that once a Fund's daily NAV has been
calculated and disseminated, Nasdaq will price each Share trade entered
into during the day at the Fund's NAV plus/minus the trade's executed
premium/discount. Using the final trade price, each executed Share
trade will then be disseminated to member firms and market data
services via a File Transfer Protocol (``FTP'') file \26\ that will be
created for exchange-traded managed funds and will be confirmed to the
member firms participating in the trade to supplement the previously
provided information with final pricing.
---------------------------------------------------------------------------

    \26\ According to Nasdaq, FTP is a standard network protocol
used to transfer computer files on the Internet. Nasdaq will arrange
for the daily dissemination of an FTP file with executed Share
trades to member firms and market data services.
---------------------------------------------------------------------------

    The Exchange will obtain a representation from the issuer of the
Shares that the NAV per Share will be calculated daily (on each day
that the New York Stock Exchange is open for trading) and provided to
Nasdaq via the MFQS by the Fund accounting agent. As soon as the NAV is
entered into the MFQS, Nasdaq will disseminate the NAV to market
participants and market data vendors via the MFDS so that all firms
will receive the NAV per share at the same time.
    The Exchange further represents that it may consider all relevant
factors in exercising its discretion to halt or suspend trading in the
Shares. The Exchange will halt trading in the Shares under the
conditions specified in Nasdaq Rule 4120 and in Nasdaq Rule
5745(d)(2)(C). Additionally, the Exchange may cease trading the Shares
if other unusual conditions or circumstances exist that, in the opinion
of the Exchange, make further dealings on the Exchange detrimental to
the maintenance of a fair and orderly market. To manage the risk of a
non-regulatory Share trading halt, Nasdaq has in place back-up
processes and procedures to ensure orderly trading. Prior to the
commencement of market trading in the Shares, the Fund will be required
to establish and maintain a

public Web site through which its current prospectus may be
downloaded.\27\ The Web site will include additional information
concerning the Fund updated on a daily basis, including the prior
business day's NAV, and the following trading information for that
business day expressed as premiums/discounts to NAV: (a) Intraday high,
low, average, and closing prices of Shares in Exchange trading; (b) the
midpoint of the highest bid and lowest offer prices as of the close of
Exchange trading, expressed as a premium/discount to NAV (``Closing
Bid/Ask Midpoint''); and (c) the spread between highest bid and lowest
offer prices as of the close of Exchange trading (``Closing Bid/Ask
Spread.''). The Web site will also contain charts showing the frequency
distribution and range of values of trading prices, Closing Bid/Ask
Midpoints, and Closing Bid/Ask Spreads over time.
---------------------------------------------------------------------------

    \27\ The Exchange represents that the Web site containing this
information will be at www.eatonvance.com and/or www.nextshares.com.
---------------------------------------------------------------------------

    The Exchange represents that all statements and representations
made in the filing regarding: (a) The description of the portfolio or
reference assets, (b) limitations on portfolio holdings or reference
assets, (c) dissemination and availability of the reference asset or
IIV, or (d) the applicability of Exchange listing rules shall
constitute continued listing requirements for listing the Shares on the
Exchange. The issuer has represented to the Exchange that it will
advise the Exchange of any failure by the Fund to comply with the
continued listing requirements, and, pursuant to its obligations under
Section 19(g)(1) of the Act, the Exchange will monitor for compliance
with the continued listing requirements.\28\ If the Fund is not in
compliance with the applicable listing requirements, the Exchange will
commence delisting procedures for the Fund under the Nasdaq 5800
Series.
---------------------------------------------------------------------------

    \28\ The Commission notes that certain other proposals for the
listing and trading of Managed Fund Shares include a representation
that the exchange will ``surveil'' for compliance with the continued
listing requirements. See, e.g., Securities Exchange Act Release No.
78005 (Jun. 7, 2016), 81 FR 38247 (Jun. 13, 2016) (SR-BATS-2015-
100). In the context of this representation, it is the Commission's
view that ``monitor'' and ``surveil'' both mean ongoing oversight of
a fund's 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
representations, including those set forth above and in Amendment No.
1.\29\ In particular, the Commission notes that, although the Shares
will be available for purchase and sale on an intraday basis, the
Shares will be purchased and sold at prices directly linked to the
Fund's next-determined NAV. The Commission notes that the Fund and the
Shares must comply with the requirements of Nasdaq Rule 5745 and the
conditions set forth in this proposed rule change to be listed and
traded on the Exchange on an initial and continuing basis.
---------------------------------------------------------------------------

    \29\ See supra note 4.
---------------------------------------------------------------------------

    For the foregoing reasons, the Commission finds that the proposed
rule change, as modified by Amendment No. 1, is consistent with Section
6(b)(5) \30\ and Section 11A(a)(1)(C)(iii) of the Act,\31\ and the
rules and regulations thereunder applicable to a national securities
exchange.
---------------------------------------------------------------------------

    \30\ 15 U.S.C. 78f(b)(5).
    \31\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\32\ that the proposed rule change (SR-NASDAQ-2017-090), as
modified by Amendment No. 1, be, and it hereby is, approved.
---------------------------------------------------------------------------

    \32\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\33\
---------------------------------------------------------------------------

    \33\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-23830 Filed 11-1-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 93 (Tuesday, May 14, 2013)]
[Rules and Regulations]
[Pages 28135-28137]
[FR Doc No: 2013-11327]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 30898; Amdt. No. 3533]

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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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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 May 14, 2013. 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 May 14, 2013.

ADDRESSES: Availability of matters 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 and Takeoff Minimums and ODPs are available
online free of charge. Visit http://www.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: Richard A. Dunham III, Flight
Procedure Standards Branch (AFS-420), Flight Technologies and Programs
Divisions, 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 of the Code of
Federal Regulations, part 97 (14 CFR part 97), by establishing,
amending, suspending, or revoking SIAPS, Takeoff Minimums and/or ODPS.
The complete regulators description of each SIAP and its associated
Takeoff Minimums or ODP for an identified airport is listed on FAA form
documents which are incorporated by reference in this amendment under 5
U.S.C. 552(a), 1 CFR part 51, and 14 CFR part 97.20. The applicable FAA
Forms are FAA Forms 8260-3, 8260-4, 8260-5, 8260-15A, and 8260-15B when
required by an entry on 8260-15A.
    The large number of SIAPs, Takeoff Minimums and ODPs, in addition
to their complex nature and the need for a special format make
publication in the Federal Register expensive and

impractical. Furthermore, airmen do not use the regulatory text of the
SIAPs, Takeoff Minimums or ODPs, but instead refer to their depiction
on charts printed by publishers of aeronautical materials. The
advantages of incorporation by reference are realized and publication
of the complete description of each SIAP, Takeoff Minimums and ODP
listed on FAA forms is unnecessary. This amendment provides the
affected CFR sections and specifies the types of SIAPs and the
effective dates of the, associated Takeoff Minimums and ODPs. 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, Takeoff Minimums and ODP as contained in the
transmittal. Some SIAP and Takeoff Minimums and textual ODP amendments
may have been issued previously by the FAA in a Flight Data Center
(FDC) Notice to Airmen (NOTAM) as an emergency action of immediate
flight safety relating directly to published aeronautical charts. The
circumstances which created the need for some SIAP and Takeoff Minimums
and ODP amendments may require making them effective in less than 30
days. For the remaining SIAPS and Takeoff Minimums and ODPS, an
effective date at least 30 days after publication is provided.
    Further, the SIAPs and Takeoff Minimums and ODPS contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these SIAPS and
Takeoff Minimums and ODPs, the TERPS criteria were applied to the
conditions existing or anticipated at the affected airports. Because of
the close and immediate relationship between these SIAPs, Takeoff
Minimums and ODPs, and safety in air commerce, I find that notice and
public procedures before adopting these SIAPS, Takeoff Minimums and
ODPs are impracticable and contrary to the public interest and, where
applicable, that good cause exists for making some 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 April 26, 2013.
John M. Allen,
Director, Flight Standards Service.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, Title 14,
Code of Federal Regulations, part 97 (14 CFR part 97) is amended by
establishing, amending, suspending, or revoking Standard Instrument
Approach Procedures and/or Takeoff Minimums and/or Obstacle Departure
Procedures effective at 0902 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:

* * * Effective 30 MAY 2013

Orlando, FL, Orlando Sanford Intl, ILS OR LOC RWY 9L, Amdt 4
Orlando, FL, Orlando Sanford Intl, ILS OR LOC RWY 9R, Amdt 1
Orlando, FL, Orlando Sanford Intl, ILS OR LOC RWY 27R, Amdt 3
Orlando, FL, Orlando Sanford Intl, RNAV (GPS) RWY 9L, Amdt 3
Orlando, FL, Orlando Sanford Intl, RNAV (GPS) RWY 9R, Amdt 1
Orlando, FL, Orlando Sanford Intl, RNAV (GPS) RWY 27R, Amdt 3
Sebring, FL, Sebring Rgnl, RNAV (RNP) RWY 19, Amdt 1
Zephyrhills, FL, Zephyrhills Muni, RNAV (GPS) RWY 4, Orig-B
Atlanta, GA, Hartsfield--Jackson Atlanta Intl, RNAV (RNP) Z RWY 8R,
Amdt 1
Atlanta, GA, Hartsfield--Jackson Atlanta Intl, RNAV (RNP) Z RWY 9L,
Amdt 1
Atlanta, GA, Hartsfield--Jackson Atlanta Intl, RNAV (RNP) Z RWY 9R,
Amdt 1
Atlanta, GA, Hartsfield--Jackson Atlanta Intl, RNAV (RNP) Z RWY 10,
Amdt 2
Atlanta, GA, Hartsfield--Jackson Atlanta Intl, RNAV (RNP) Z RWY 26L,
Amdt 1
Atlanta, GA, Hartsfield--Jackson Atlanta Intl, RNAV (RNP) Z RWY 26R,
Amdt 1
Atlanta, GA, Hartsfield--Jackson Atlanta Intl, RNAV (RNP) Z RWY 27L,
Amdt 2
Atlanta, GA, Hartsfield--Jackson Atlanta Intl, RNAV (RNP) Z RWY 27R,
Amdt 1
Camilla, GA, Camilla-Mitchell County, RNAV (GPS) RWY 26, Amdt 1A
Chicago/West Chicago, IL, Dupage, RNAV (GPS) RWY 10, Orig-B
Chicago/West Chicago, IL, Dupage, RNAV (GPS) RWY 20L, Orig-A
Frankfort, KY, Capital City, RNAV (GPS) RWY 7, Amdt 2
Frankfort, KY, Capital City, RNAV (GPS) RWY 25, Amdt 2
Lafayette, LA, Lafayette Rgnl, ILS OR LOC/DME RWY 4R, Amdt 2
Kaiser Lake Ozark, MO, Lee C Fine Memorial, RNAV (GPS) RWY 4, Amdt 1
Kaiser Lake Ozark, MO, Lee C Fine Memorial, RNAV (GPS) RWY 22, Amdt
1
Kaiser Lake Ozark, MO, Lee C Fine Memorial, Takeoff Minimums and
Obstacle DP, Amdt 2
Dallas, TX, Dallas Love Field, ILS OR LOC RWY 31R, ILS RWY 31R (SA
CAT I), Amdt 5B

* * * Effective 27 JUNE 2013

Gustavus, AK, Gustavus, VOR/DME RWY 29, Amdt 2
Klawock, AK, Klawock, GPS RWY 2, Orig, CANCELED
Klawock, AK, Klawock, KLAWOCK ONE, Graphic DP
Klawock, AK, Klawock, NDB/DME RWY 2, Amdt 1
Klawock, AK, Klawock, Takeoff Minimums and Obstacle DP, Amdt 4
Petersburg, AK, Petersburg James A Johnson, LDA/DME-D, Amdt 7
Petersburg, AK, Petersburg James A Johnson, PETERSBURG ONE, Graphic
DP
Petersburg, AK, Petersburg James A Johnson, RNAV (GPS)-B, Amdt 1
Petersburg, AK, Petersburg James A Johnson, Takeoff Minimums and
Obstacle DP, Amdt 6
Petersburg, AK, Petersburg James A Johnson, ZARUT ONE, Graphic DP,
CANCELED
Wrangell, AK, Wrangell, LDA/DME-C, Amdt 8
Wrangell, AK, Wrangell, LDA/DME-D, Amdt 7
Wrangell, AK, Wrangell, LEVEL ISLAND TWO, Graphic DP
Wrangell, AK, Wrangell, RNAV (GPS) RWY 10, Orig
Wrangell, AK, Wrangell, RNAV (GPS)-A, Orig, CANCELED
Dothan, AL, Dothan Rgnl, COPTER VOR RWY 36, Amdt 1
Miami, FL, Miami Intl, ILS OR LOC RWY 9, Amdt 10
Miami, FL, Miami Intl, RNAV (GPS) RWY 9, Amdt 1
Mayfield, KY, Mayfield Graves County, RNAV (GPS) RWY 19, Amdt 1
Mayfield, KY, Mayfield Graves County, RNAV (GPS) Y RWY 1, Amdt 1
Mayfield, KY, Mayfield Graves County, RNAV (GPS) Z RWY 1, Orig
Mayfield, KY, Mayfield Graves County, Takeoff Minimums and Obstacle
DP, Amdt 3

Cape Girardeau, MO, Cape Girardeau Rgnl, RNAV (GPS) RWY 2, Orig
Cape Girardeau, MO, Cape Girardeau Rgnl, RNAV (GPS) RWY 10, Amdt 1
Cape Girardeau, MO, Cape Girardeau Rgnl, RNAV (GPS) RWY 20, Orig
Cape Girardeau, MO, Cape Girardeau Rgnl, RNAV (GPS) RWY 28, Amdt 1
Clinton, MO, Clinton Memorial, NDB RWY 4, Amdt 7
Clinton, MO, Clinton Memorial, NDB RWY 22, Amdt 8
Clinton, MO, Clinton Memorial, RNAV (GPS) RWY 4, Orig
Clinton, MO, Clinton Memorial, RNAV (GPS) RWY 22, Orig
Clinton, MO, Clinton Memorial, Takeoff Minimums and Obstacle DP,
Orig
Mountain View, MO, Mountain View, NDB OR GPS RWY 28, Amdt 3,
CANCELED
Mountain View, MO, Mountain View, RNAV (GPS) RWY 10, Orig
Mountain View, MO, Mountain View, RNAV (GPS) RWY 28, Orig
Tecumseh, NE, Tecumseh Muni, RNAV (GPS) RWY 15, Orig
Tecumseh, NE, Tecumseh Muni, RNAV (GPS) RWY 33, Orig
Tecumseh, NE, Tecumseh Muni, Takeoff Minimums and Obstacle DP, Orig
Gettysburg, SD, Gettysburg Muni, RNAV (GPS) RWY 13, Amdt 2
Gettysburg, SD, Gettysburg Muni, RNAV (GPS) RWY 31, Amdt 2
Vermillion, SD, Harold Davidson Field, RNAV (GPS) RWY 30, Amdt 1
Memphis, TN, Memphis Intl, RNAV (RNP) Y RWY 18C, Orig-C
Smithville, TN, Smithville Muni, RNAV (GPS) RWY 6, Amdt 3
Smithville, TN, Smithville Muni, RNAV (GPS) RWY 24, Amdt 3
Cleburne, TX, Cleburne Rgnl, RNAV (GPS) RWY 15, Amdt 1
Cleburne, TX, Cleburne Rgnl, RNAV (GPS) RWY 33, Amdt 1
Cleburne, TX, Cleburne Rgnl, Takeoff Minimums and Obstacle DP, Orig-
A
Mineral Wells, TX, Mineral Wells, Takeoff Minimums and Obstacle DP,
Amdt 2
San Marcos, TX, San Marcos Muni, RNAV (GPS) RWY 8, Orig
San Marcos, TX, San Marcos Muni, RNAV (GPS) RWY 13, Amdt 2
San Marcos, TX, San Marcos Muni, RNAV (GPS) RWY 17, Orig
San Marcos, TX, San Marcos Muni, RNAV (GPS) RWY 26, Orig
San Marcos, TX, San Marcos Muni, RNAV (GPS) RWY 31, Orig
San Marcos, TX, San Marcos Muni, RNAV (GPS) RWY 35, Orig

[FR Doc. 2013-11327 Filed 5-13-13; 8:45 am]
BILLING CODE 4910-13-P