[Federal Register Volume 88, Number 96 (Thursday, May 18, 2023)]
[Notices]
[Page 31747]
[FR Doc No: 2023-10617]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas & Oil Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP23-768-000.
    Applicants: Texas Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Clarifications and Alignment
Filing to be effective 6/12/2023.
    Filed Date: 5/12/23.
    Accession Number: 20230512-5018.
    Comment Date: 5 p.m. ET 5/24/23.

    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.

Filings in Existing Proceedings

    Docket Numbers: RP21-1188-004.
    Applicants: Texas Eastern Transmission, LP.
    Description: Refund Report: TETLP Base Rate Refund Report--RP21-
1001-000 and RP21-1188-004 to be effective N/A.
    Filed Date: 5/12/23.
    Accession Number: 20230512-5071.
    Comment Date: 5 p.m. ET 5/24/23.

    Any person desiring to protest in any the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR 385.211) on or before 5:00 p.m. Eastern time on the specified
comment date.
    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: May 12, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-10617 Filed 5-17-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 72 (Friday, April 16, 2021)]
[Notices]
[Page 20142]
[FR Doc No: 2021-07824]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER21-1638-000]

Daylight I, LLC, Edwards Solar Line I, LLC, and Sanborn Solar
Line I, LLC; Supplemental Notice That Filing Includes Request for
Blanket Section 204 Authorization

    This is a supplemental notice in the above-referenced proceeding of
Daylight I, LLC, Edwards Solar Line I, LLC, and Sanborn Solar Line I,
LLC, LLC's filing includes a request for blanket authorization, under
18 CFR part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is April 29, 2021.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at<EMAIL_ADDRESS>or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.

    Dated: April 9, 2021.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2021-07824 Filed 4-15-21; 8:45 am]
BILLING CODE 6717-01-P


Tulsa, OK Austin, TX Denver, CO Farmington, NM Greensboro, NC Nashville, TN Oklahoma, OK Greenville, SC Longview Tyler, TX Beaufort, SC

Augusta Aiken, GA SC Memphis, TN AR MS Sumter, SC Knoxville, TN San Antonio, TX Columbia, SC Charleston, SC Asheville, NC Myrtle Beach, SC Shreveport, LA Florence, SC Anderson, SC Hickory, NC Johnson City, TN Chattanooga, TN GA Charlotte ( Catawba), SC ( NC Counties Not Included)

Roanoke, VA Fayetteville, NC Martinsburg, WV ( Washington CMSA)

Putnam Co ( Cookeville), TN Winchester, VA ( Frederick Co,

Adjacent to Wash)

Lawrence Co, TN Adjacent to Florence AL Haywood Co, TN Washington Co, MD ( Washington CMSA)

Early Action Compact Areas January 2003 EAC Area County in C/ MSA But Not in EAC Dade Co, GA Not Included Denver, CO and Tulsa, OK  A portion of some of the counties are excluded from the EAC


[Federal Register Volume 83, Number 249 (Monday, December 31, 2018)]
[Rules and Regulations]
[Pages 67683-67684]
[FR Doc No: 2018-28345]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2018-0578; Airspace Docket No. 18-AAL-10]
RIN 2120-AA66

Amendment of Class E Airspace; Badami, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action modifies Class E airspace extending upward from
1,200 feet above the surface at Badami Airport, AK, and adds
exclusionary language to the legal description of the airport to ensure
the safety and management of aircraft within the National Airspace
System. Also, the geographic coordinates of the airport are updated.

DATES: Effective 0901 UTC, February 28, 2019. The Director of the
Federal Register approves this incorporation by reference action under
Title 1 Code of Federal Regulations part 51, subject to the annual
revision of FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11C, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call<PHONE_NUMBER>, or go to
https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Bonnie Malgarini, Federal Aviation
Administration, Operations Support Group, Western Service Center, 2200
S. 216th Street, Des Moines, WA 98198; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends Class E airspace extending upward from 1,200 feet above
the surface at Badami Airport, AK, to support IFR operations in
standard instrument approach and departure procedures at the airport.

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (83 FR 46435; September 13, 2018) for Docket No. FAA-2018-0578
to modify Class E airspace extending upward from 1,200 feet above the
surface at Badami Airport, Badami, AK. Interested parties were invited
to participate in this rulemaking effort by submitting written comments
on the proposal to the FAA. No comments were received.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.11C, dated August 13, 2018, and effective September 15,
2018, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designation listed in this document will be published
subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11C, Airspace Designations and
Reporting Points, dated August 13, 2018, and effective September 15,
2018. FAA Order 7400.11C is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11C lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    The FAA is amending Title 14 Code of Federal Regulations (14 CFR)
part 71 by modifying Class E airspace extending upward from 1,200 feet
above the surface at Badami Airport, Badami, AK. This action also adds
language to the legal description of the airport to exclude that
airspace extending beyond 12 miles of the shoreline. This action is
necessary to support IFR operations in standard instrument approach and
departure procedures at the airport.

    Additionally, an editorial change made to the airport's geographic
coordinates to brings them up to date with the FAA's aeronautical
database.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a Regulatory Evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that only affects air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.

Environmental Review

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

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

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

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

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

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

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11C,
Airspace Designations and Reporting Points, dated August 13, 2018, and
effective September 15, 2018, is amended as follows:

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

* * * * *

AAL AK E5 Badami, AK [Amended]

Badami Airport, AK
    (Lat. 70[deg]08'15'' N, long. 147[deg]01'50'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of Badami Airport, AK; and that airspace
extending upward from 1,200 feet above the surface within a 73-mile
radius of Badami Airport, AK, excluding that airspace extending
beyond 12 miles of the shoreline.

    Issued in Seattle, Washington, on December 19, 2018.
Byron Chew,
Acting Group Manager, Operations Support Group, Western Service Center.
[FR Doc. 2018-28345 Filed 12-28-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 128 (Thursday, July 6, 2017)]
[Rules and Regulations]
[Pages 31263-31267]
[FR Doc No: 2017-14112]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1986-0005; FRL 9964-03-Region 1]

National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List: Deletion of the Shpack Landfill Superfund
Site

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) Region 1 is
publishing a direct final Notice of Deletion of the Shpack Landfill
Superfund Site (Site), located on Union Rd. and Peckham Streets in
Norton and Attleboro, Massachusetts, from the National Priorities List
(NPL). The NPL, promulgated pursuant to section 105 of the
Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA) of 1980, as amended, is an appendix of the National Oil and
Hazardous Substances Pollution Contingency Plan (NCP). This direct
final deletion is being published by EPA with the concurrence of the
State of Massachusetts, through the Massachusetts Department of
Environmental Protection (MassDEP), because EPA has determined that all
appropriate response actions under CERCLA, other than operation,
maintenance, monitoring, and five-year reviews, have been completed.
However, this deletion does not preclude future actions under
Superfund.

DATES: This direct final deletion is effective September 5, 2017 unless
EPA receives adverse comments by August 7, 2017. If adverse comments
are received, EPA will publish a timely withdrawal of the direct final
deletion in the Federal Register informing the public that the deletion
will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-1986-0005 at http://www.regulations.gov. Follow the online
instructions for submitting comments. Comments may also be submitted by
email or mail to Elaine Stanley, Remedial Project Manager, Office of
Site Remediation and Restoration, Mail Code: OSRR07-4, U.S.
Environmental Protection Agency, Region 1, 5 Post Office Square, Suite
100, Boston, MA 02109-3912, email address<EMAIL_ADDRESS>or
Sarah White, Community Involvement Coordinator, Office of the Regional
Administrator, Mail Code: ORA01-1, US Environmental Protection Agency
at EPA--Region 1, 5 Post Office Square, Suite 100, Boston, MA 02109-
3912, telephone:<PHONE_NUMBER>, email<EMAIL_ADDRESS>Once
submitted, comments cannot be edited or removed from Regulations.gov.
The EPA may publish any comment received to its public docket. Do not
submit electronically any information you consider to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Multimedia submissions (audio, video, etc.) must
be accompanied by a written comment. The written comment is considered
the official comment and should include discussion of all points you
wish to make. The EPA will generally not consider comments or comment
contents located outside of the primary submission (i.e. on the web,
cloud, or other file sharing system). For additional submission
methods, the full EPA public comment policy, information about CBI or
multimedia submissions, and general guidance on making effective
comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets. Publicly available docket materials are available either
electronically through http://www.regulations.gov or in hard copy at
the site information repositories.
    Locations, contacts, phone numbers and viewing hours are:
     U.S. EPA Region I, Superfund Records Center, 5 Post Office
Square, Suite 100, Boston, MA 02109, Phone:

617-918-1440, Monday-Friday: 9:00 a.m.-5:00 p.m., Saturday and Sunday--
Closed and
     The Norton Public Library, 68 East Main Street, Norton, MA
02766, Phone:<PHONE_NUMBER>, Monday, Tuesday, and Thursday: 10:00 a.m.-
7: pm, Wednesday: 10am-3 p.m., Friday: 10am-2 p.m., Saturday: Closed
until 9/10 Sunday--Closed

FOR FURTHER INFORMATION CONTACT: Elaine Stanley, Remedial Project
Manager, Office of Site Remediation and Restoration, Mail Code: OSRR07-
4, U.S. Environmental Protection Agency, Region 1, 5 Post Office
Square, Suite 100, Boston, MA 02109-3912, telephone number: 617-918-
1332, fax number:<PHONE_NUMBER>, email address<EMAIL_ADDRESS>or Sarah White, Community Involvement Coordinator, Office of the
Regional Administrator, Mail Code: ORA01-1, US Environmental Protection
Agency at EPA--Region 1, 5 Post Office Square, Suite 100, Mail Code
ORA01-1, Boston, MA 02109-3912, telephone:<PHONE_NUMBER>, fax number:
617-918-0026, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Site Deletion
V. Deletion Action

I. Introduction

    EPA Region 1 is publishing this direct final Notice of Deletion of
the Shpack Landfill Site, from the National Priorities List (NPL). The
NPL constitutes Appendix B of 40 CFR part 300, which is the National
Oil and Hazardous Substances Pollution Contingency Plan (NCP), which
EPA promulgated pursuant to section 105 of the Comprehensive
Environmental Response, Compensation and Liability Act (CERCLA) of
1980, as amended. EPA maintains the NPL as the list of sites that
appear to present a significant risk to public health, welfare, or the
environment. Sites on the NPL may be the subject of remedial actions
financed by the Hazardous Substance Superfund (Fund). As described in
300.425(e) (3) of the NCP, sites deleted from the NPL remain eligible
for Fund-financed remedial actions if future conditions warrant such
actions.
    Section II of this document explains the criteria for deleting
sites from the NPL. Section III discusses procedures that EPA is using
for this action. Section IV discusses the Shpack Landfill Superfund
Site and demonstrates how it meets the deletion criteria. Section V
discusses EPA's action to delete the Site from the NPL unless adverse
comments are received during the public comment period.

II. NPL Deletion Criteria

    The NCP establishes the criteria that EPA uses to delete sites from
the NPL. In accordance with 40 CFR 300.425(e), sites may be deleted
from the NPL where no further response is appropriate. In making such a
determination pursuant to 40 CFR 300.425(e), EPA will consider, in
consultation with the state, whether any of the following criteria have
been met:
    i. Responsible parties or other persons have implemented all
appropriate response actions required;
    ii. all appropriate Fund-financed response under CERCLA has been
implemented, and no further response action by responsible parties is
appropriate; or
    iii. the remedial investigation has shown that the release poses no
significant threat to public health or the environment and, therefore,
the taking of remedial measures is not appropriate.
    Pursuant to CERCLA section 121 (c) and the NCP, EPA conducts five-
year reviews to ensure the continued protectiveness of remedial actions
where hazardous substances, pollutants, or contaminants remain at a
site above levels that allow for unlimited use and unrestricted
exposure. EPA conducts such five-year reviews even if a site is deleted
from the NPL. EPA may initiate further action to ensure continued
protectiveness at a deleted site if new information becomes available
that indicates it is appropriate. Whenever there is a significant
release from a site deleted from the NPL, the deleted site may be
restored to the NPL without application of the hazard ranking system.

III. Deletion Procedures

    The following procedures apply to deletion of the Site:
    (1) EPA consulted with the state of Massachusetts prior to
developing this direct final Notice of Deletion and the Notice of
Intent to Delete co- published today in the ``Proposed Rules'' section
of the Federal Register.
    (2) EPA has provided the state 30 working days for an opportunity
to review of this notice and the parallel Notice of Intent to Delete
prior to their publication today, and the state, through the
Massachusetts Department of Environmental Protection (MassDEP), has
concurred on the deletion of the Site from the NPL.
    (3) Concurrently with the publication of this direct final Notice
of Deletion, a notice of the availability of the parallel Notice of
Intent to Delete is being published in a major local newspaper, The Sun
Chronicle, Attleboro, MA. The newspaper notice announces the 30-day
public comment period concerning the Notice of Intent to Delete the
Site from the NPL.
    (4) The EPA placed copies of documents supporting the proposed
deletion in the deletion docket and made these items available for
public inspection and copying at the Site information repositories
identified above.
    (5) If adverse comments are received within the 30-day public
comment period on this deletion action, EPA will publish a timely
notice of withdrawal of this direct final Notice of Deletion before its
effective date and will prepare a response to comments and continue
with the deletion process on the basis of the Notice of Intent to
Delete and the comments already received.
    Deletion of a site from the NPL does not itself create, alter, or
revoke any individual's rights or obligations. Deletion of a site from
the NPL does not in any way alter EPA's right to take enforcement
actions, as appropriate. The NPL is designed primarily for
informational purposes and to assist EPA management. Section
300.425(e)(3) of the NCP states that the deletion of a site from the
NPL does not preclude eligibility for future response actions, should
future conditions warrant such actions.

IV. Basis for Site Deletion

    The following information provides EPA's rationale for deleting the
Site from the NPL:

Site Background and History

    The Shpack Landfill Superfund Site, CERCLIS ID No. MAD980503973, is
bordered to the north and northwest by Peckham Street (Attleboro) and
Union Road (Norton); to the west and southwest by an approximately 55-
acre municipal and industrial landfill owned by Attleboro Landfill Inc.
(ALI); and on the southeast, east, and northeast by the Chartley Swamp.
The Site covers approximately 9.4 acres and was operated as a landfill
from 1946 until the early 1970s, receiving domestic and industrial
waste, including low-level radioactive waste. In 1978, the Nuclear
Regulatory Commission (NRC) conducted radiological surveys at the Site,
detecting radium and uranium within the landfill after being contacted
by a concerned citizen who had detected elevated radiation levels in
the area. In 1980, the Site was added to the Department of Energy's
(DOE) Formerly

Utilized Sites Remedial Action Program (FUSRAP), which dealt with the
legacy of the nation's early atomic energy programs. Responsibility was
later transferred from DOE to the United States Army Corps of Engineers
(USACE). Municipal water supplies did not extend to the area around the
Site and there were 27 private wells located within 1-mile of the Site.
In 1984, EPA evaluated the Site to determine if it should be listed on
the National Priorities List (NPL) and found volatile organic compounds
(VOCs) and metals in groundwater. The site was proposed to the NPL on
October 15, 1984 (49 FR 40320). On June 14, 1986 (51 FR 21054), the
Site was added to the NPL.

Remedial Investigation and Feasibility Study (RI/FS)

    The RI/FS was completed in 2003. As part of the investigation,
soil, surface water, groundwater, sediments and air were evaluated.
Among the primary contaminants identified at the Site were radium and
uranium; volatile organic contaminants (VOCs); heavy metals such as
nickel, cadmium, copper, lead and mercury; dioxin, polychlorinated
biphenyls (PCBs) and per/cyclic aromatic hydrocarbons (PAHs). The RI
found that the primary risks at the Site were to residents exposed to
contaminants by using the groundwater as drinking water; recreational
visitors exposed to contaminated soil or sediment; workers on the Site;
and to wildlife from contaminated sediments in the wetland. The FS
evaluated alternatives with various degrees of excavation and off-site
disposal of contaminants, consolidation of remaining contaminated soil
and sediments under a multi-barrier cap and providing water line to
nearby residents.

Selected Remedy

    To address the risks presented by exposure to contaminants, EPA
issued a Record of Decision (ROD) for the cleanup of the Site in
September 2004. The ROD encompasses two response actions: One managed
by the USACE under FUSRAP and the other managed by EPA under CERCLA.
    The ROD identified the following remedial action objectives (RAOs):
    Source Control: Soil--prevent ingestion, direct contact and
inhalation with soil which contains contaminants in concentrations that
exceed Federal and State standards; prevent ingestion, direct contact
and inhalation with soil which have no enforceable Federal or State
standards but which pose an unacceptable human health risk, and prevent
exposure to contaminants in soil which present an unacceptable risk to
the environment. Sediment--prevent exposure to contaminants in sediment
which present an unacceptable risk to human health and/or environment.
Surface water--reduce migration of contamination from site to surface
water which present an unacceptable risk to human health and the
environment.
    Management of Migration: Prevent ingestion of water which contains
contaminants in concentrations that exceed Maximum Contaminants Levels
(MCLs), non-zero Maximum Contaminants Level Goals (MCLGs) and/or pose
an unacceptable human health risk and/or unacceptable risk to the
environment.
    In response to the RAOs, the remedy included the following major
components: Extension of the public water supply line; excavation and
off-site disposal of soil and sediment with contaminant concentrations
exceeding the cleanup levels specified in the ROD; placement of clean
fill in excavated areas to grade and/or wetlands restoration/
replication; relocation of existing power line structures, as needed,
and traffic control plan to implement necessary soil removal and
backfill actions; implementation of a surface water, sediment, and
groundwater monitoring program; implementation of institutional
controls necessary to restrict future use of property and groundwater,
and monitoring compliance with institutional controls.
    This remedy was based on the commitment by MassDEP to no longer
consider this portion of the aquifer as a current or future water
supply under the Massachusetts Contingency Plan once the remedial
action is implemented, the two private drinking water supply wells
abandoned, and Notices of Activity and Use Limitation (NAULs) were
placed on the properties prohibiting the future use of groundwater.
Since those conditions have been met, MassDEP revised its Groundwater
Use and Value Determination to a low use and value, and EPA considers
the groundwater not suitable as a drinking water source.

Response Actions

FUSRAP Remedial Action
    The FUSRAP Remedial Action was performed by USACE and required
excavation and disposal of contaminated materials within the Landfill
Interior portion of the Site. The action began in August 2005 and after
excavation began, it was determined that the horizontal and vertical
extent of radiological contamination was more extensive than estimated
in the ROD. The FUSRAP activities originally initiated in 2005 resumed
in June 2007 and were completed in October 2011. To manage groundwater,
all pumped water was infiltrated on-site after treatment utilizing
settling tanks, sand filtration vessels and bag filters.
    A total of 57,805 cubic yards of material was excavated, of which
50,908 cubic yards were transported off-site for disposal. All wastes
shipped off-site were ultimately transported by rail to the Energy
Solutions disposal facility in Clive, Utah, a facility licensed for
disposal of LLRW and/or mixed wastes. The USACE completed the Remedial
Action Completion Report--Radiological Contamination in May 2012
documenting all completed FUSRAP-related remedial action activities at
the site.
CERCLA Remedial Action
    The CERCLA Remedial Action was performed by the Performing
Defendants under a Remedial Design/Remedial Action Consent Decree
entered on January 27, 2009 in the U.S. District Court in Boston for
the remainder of the site cleanup. The public water supply line
extension was complete in October 2012, extending The City of Attleboro
public water supply line approximately 2,600 feet along Peckham Street,
to within 500 feet of the Site, prior to on-site remedial construction
activities. The on-site CERCLA Remedial Action began in June 2013.
CERCLA wastes requiring excavation and disposal were located within the
Tongue Area, Inner Rung, and ALI Debris Area (ALIDA) portions of the
Site. Management of extracted groundwater utilized a treatment system
for removal of entrained solids prior to on-site infiltration into site
soils. Initial wetland and upland plantings and seeding were completed
in November and December 2013. CERCLA remedial construction was
completed in December 2013. A total of 27,083 tons of waste material
was transported off-site for disposal. The material included the
following waste classifications: Special Nuclear Material (SNM) non-
hazardous; hazardous waste (leachable cadmium); non-hazardous waste;
asbestos in soil (AIS); and non-hazardous asbestos-containing building
materials. Overall, approximately 79 percent of the wastes removed from
the Site were transported by rail to the US Ecology disposal facility
in Grand View, Idaho. Most of the remaining wastes (approximately 20
percent of the total) were classified as non-hazardous and were
transported by truck to the Waste Management Turnkey Landfill in
Rochester, New Hampshire. The remaining wastes contained asbestos

and were shipped to a construction debris landfill licensed to accept
asbestos.

Cleanup Levels

FUSRAP Remedial Action
    In accordance with the requirements of the Multi-Agency Radiation
Survey and Site Investigation Manual, (MARSSIM), Revision 1 (August
2000), all excavated areas within the landfill interior required
independent verification to ensure that site-specific cleanup criteria
for radiological contaminants were met. The Final FSS Report, Shpack
FUSRAP Superfund Landfill Site, Norton/Attleboro, Massachusetts (which
included the Final Status Survey (FSS)) was issued in May 2012. The FSS
included collection of confirmation samples from excavation floors and
sidewalls prior to backfill of each excavation area. Excavations were
backfilled only after FSS sampling and on-site lab analytical results
confirmed that radiological contaminants were below cleanup criteria.
Further information can be found in the FSS Report listed above.
CERCLA Remedial Action
    The Inner Rung was a portion of Chartley Swamp that was slated for
remedial activities due to ecological risk. To address potential risk
to benthic organisms in the wetland ecosystem, the excavation removed
the top 2 feet of material throughout the area. The restoration of the
area included placement of a 1-foot thick layer of clean fill followed
by placement of a 1-foot-thick layer of wetland topsoil to meet the
pre-existing grades. Approximately 5,680 tons of waste material
generated from the Inner Rung activities were removed and disposed of
off Site. The Chemical-Only Soil Stockpile consisted of materials
excavated by the USACE as part of the FUSRAP response actions. Based on
information provided by the USACE, impacts to this material exceeded
the ROD chemical cleanup criteria, but did not exceed ROD radiological
criteria. The USACE secured the stockpile to protect it from the
elements following its demobilization from the Site. Approximately
3,580 tons of waste material from the Chemical-Only Soil Stockpile were
removed and disposed of off-Site. The ALI Debris Area (ALIDA) was a
portion of the Shpack Landfill Interior that was the location of a
reported slope failure from the ALI Landfill. The material in this area
consisted of ALI municipal landfill debris underlain by industrial
landfill debris associated with the Shpack Landfill. The USACE
excavated 17 test pits in the ALI Landfill Debris Area during the
FUSRAP activities in 2005. The USACE's test pit data indicated that
that material exceeded several of the ROD cleanup goals for chemical
compounds, but not the radioactive ones. Approximately 7,970 tons of
waste material from the ALIDA were removed down to native peat material
and disposed of off-Site. Waste and debris from a fire at an industrial
plastics manufacturing facility were reportedly disposed of in the
Tongue Area which extended from the Shpack Landfill Interior toward the
Inner Rung. Approximately 9,680 tons of waste material were removed
from the Tongue Area down to native peat material and disposed of off-
Site. The Remedial Action required disturbance of approximately 203,500
square feet of wetlands to remove waste materials and to restore the
wetlands impacted by the FUSRAP response actions. The final square
footage of wetlands restored and created on-site during the RA is
approximately 231,313 square feet.

Operation and Maintenance

    Initial wetland and upland plantings and seeding under CERCLA
Remedial Action were completed in November and December 2013. Routine
monitoring and maintenance of the wetland area is scheduled to continue
for seven years following completion of construction to ensure the
success of the restored wetland. Inspections, maintenance, and any
required plant replacement and re-seeding will occur during the first
year. The Final Operation and Maintenance Plan includes monitoring
criteria with specific wetland restoration and creation performance
goals keyed to a designated scheduled. Operation and Maintenance of the
Remedy will be conducted by the City of Attleboro in accordance with
the approved O&M Plan for the Site. The Performing Defendants have
agreed that the City of Attleboro will perform the O&M activities,
including: Compliance monitoring; enforcing the ICs as necessary, and
prepare and submit annual reports to EPA and MassDEP regarding the
status of the ICs, as outlined in the Operations and Maintenance Plan,
Revision #1, dated July 2015.
    Prior to completion of the Remedial Action, an interim set of
Institutional Controls (ICs) in the form of Easements, Restrictions,
and Non-interference Agreements (ERNA) were placed on four properties.
Following completion of the Remedial Action, a Notice of Activity and
Use Limitation (NAUL) was recorded in November 2016 for each of the
properties, except Union Road House 1 which was razed and the
residential well decommissioned in 2012 thus no longer requiring NAUL.
The NAUL prohibits activities and uses of the Site that may present an
unacceptable risk to human health as well as providing Site access to
the Performing Defendants for associated monitoring and O&M activities.

Five-Year Review

    Hazardous substances remain at this Site above levels which would
allow for unlimited use and unrestricted exposure requiring EPA to
conduct statutory five-year reviews. The first statutory Five-Year
Review Report will be completed prior to June 12, 2018, which is five
years from the initiation of construction of the CERCLA remedy.

Community Involvement

    Throughout the Site's history, EPA has kept the community and other
interested parties apprised of Site activities through informational
meetings, fact sheets, press releases, and public meetings. Local
residents formed the Citizen's Advisory Shpack Team (CAST) to monitor
Site activities. On numerous occasions during 2000-2004, EPA and MADEP
held informational meetings to update the community on the results of
the RI/FS, including a November 20, 2003, meeting to discuss the
results of the RI. On June 23, 2004, EPA held an informational meeting
to present the Agency's Proposed Plan. From June 24, 2004 to August 25,
2004, the Agency held a public comment period to accept public comment
on the alternatives presented in the FS and the Proposed Plan and the
September 28, 2004 ROD includes the Responsiveness Summary to comments
received during the public comment period.

Determination That the Site Meets the Criteria for Deletion in the NCP

    The remedial actions which have been implemented for the FUSRAP and
CERCLA achieve the clean-up objectives and cleanup goals identified in
the 2004 ROD for the Site. The remaining site related contaminants are
present at levels protective of both human health and the environment
and meet EPA's acceptable risk for all exposure pathways. All of the
selected remedial actions and the remedial action objectives and
associated cleanup goals are consistent with the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA), the
National Contingency Plan (NCP) and EPA policy and guidance.

    All Institutional Controls are in place and currently EPA expects
that no further Superfund response is needed to protect human health
and the environment, except future operations and maintenance,
monitoring, and Five Year Reviews.

V. Deletion Action

    The EPA, with concurrence of the State of Massachusetts through the
MassDEP, has determined that all appropriate response actions under
CERCLA, other than operation, maintenance, monitoring and five-year
reviews have been completed. Therefore, EPA is deleting the Site from
the NPL.
    Because EPA considers this action to be noncontroversial and
routine, EPA is taking it without prior publication. This action will
be effective September 5, 2017 unless EPA receives adverse comments by
August 7, 2017. If adverse comments are received within the 30-day
public comment period, EPA will publish a timely withdrawal of this
direct final notice of deletion before the effective date of the
deletion, and it will not take effect. EPA will prepare a response to
comments and continue with the deletion process on the basis of the
notice of intent to delete and the comments already received. There
will be no additional opportunity to comment.

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals,
Hazardous waste, Hazardous substances, Intergovernmental relations,
Penalties, Reporting and recordkeeping requirements, Superfund, Water
pollution control, Water supply.

    Dated: May 31, 2017.
Deborah A. Szaro,
Acting Regional Administrator Region 1.

    For the reasons set out in this document, 40 CFR part 300 is
amended as follows:

PART 300--NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION
CONTINGENCY PLAN

0
1. The authority citation for part 300 is revised to read as follows:

    Authority: 33 U.S.C. 1321(d); 42 U.S.C. 9601-9657; E.O. 13626,
77 FR 56749, 3 CFR, 2013 Comp., p. 306; E.O. 12777, 56 FR 54757, 3
CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 3 CFR, 1987 Comp.,
p. 193.

Appendix B to Part 300--[Amended]

0
 2. Table 1 of Appendix B to part 300 is amended by removing ``MA'',
``Shpack Landfill'', ``Norton/Attleboro''.

[FR Doc. 2017-14112 Filed 7-5-17; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 215 (Thursday, November 6, 2014)]
[Notices]
[Pages 66026-66027]
[FR Doc No: 2014-26400]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Agency Information Collection Activities: Requests for Comments;
Clearance of Renewed Approval of Information Collection: Malfunction or
Defect Report

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval for to renew an information
collection. The Federal Register Notice with a 60-day comment period
soliciting comments on the following collection of information was
published on September 3, 2014, vol. 79, no. 170, pages 52406-52407.
The information collected allows the FAA to evaluate its certification
standards, maintenance programs, and regulatory requirements. It is
also the basis for issuance of Airworthiness Directives designed to
prevent unsafe conditions and accidents.

DATES: Written comments should be submitted by December 8, 2014.

FOR FURTHER INFORMATION CONTACT: Kathy DePaepe at<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    OMB Control Number: 2120-0003
    Title: Malfunction or Defect Report
    Form Numbers: FAA Form 8010-4
    Type of Review: Renewal of an information collection.
    Background: Repair stations certificated under Part 145 and air
taxi operators certificated under Part 135 mandatorily submit
malfunction or defect reports on Federal Aviation Administration (FAA)
Form 8010-4. When defects are reported which are likely to exist on
other products of the same or similar design, the FAA may disseminate
safety information to a particular section of the aviation community.
The FAA also may adopt new regulations or issue Airworthiness
Directives (AD's) to address a specific problem.
    Respondents: Approximately 60,000 operators.
    Frequency: Information is collected on occasion.
    Estimated Average Burden per Response: 9 minutes.
    Estimated Total Annual Burden: 9,000 hours.

ADDRESSES: Interested persons are invited to submit written comments on
the proposed information collection to the Office of Information and
Regulatory Affairs, Office of Management and Budget. Comments should be
addressed to the attention of the Desk Officer, Department of
Transportation/FAA, and sent via electronic mail to
<EMAIL_ADDRESS>or faxed to<PHONE_NUMBER>, or mailed to
the Office of Information and Regulatory Affairs, Office of Management
and Budget, Docket Library, Room 10102, 725 17th Street NW.,
Washington, DC 20503.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.

    Issued in Washington, DC, on November 3, 2014.
Albert R. Spence,
FAA Assistant Information Collection Clearance Officer, IT Enterprises
Business Services Division, ASP-110.
[FR Doc. 2014-26400 Filed 11-5-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 105 (Wednesday, June 1, 2016)]
[Notices]
[Pages 35101-35105]
[FR Doc No: 2016-12770]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77904; File No. SR-NYSEArca-2016-17]

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
of Shares of the JPMorgan Diversified Alternative ETF Under NYSE Arca
Equities Rule 8.600

May 25, 2016.

I. Introduction

    On February 5, 2016, NYSE Arca, Inc. (``Exchange'') filed with the
Securities and Exchange Commission (``Commission''), pursuant to
Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'' or
``Exchange Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule
change to list and trade shares (``Shares'') of the JPMorgan
Diversified Alternative ETF (``Fund'') under NYSE Arca Equities Rule
8.600. The Commission published notice of the proposed rule change in
the Federal Register on February 25, 2016.\3\ On April 4, 2016, the
Exchange filed Amendment No. 1 to the proposed rule change, which
replaced the original filing in its entirety. Also on April 4, 2016,
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.\4\ On May 9, 2016, the Exchange filed Amendment No. 2 to the
proposed rule change, which replaced Amendment No. 1 and the original
filing in their entirety. On May 20, 2016, the Exchange filed Amendment
No. 3 to the proposed rule change, which replaced Amendment No. 2 and
the original filing in their entirety.\5\ The Commission received no
comments on the proposed rule change. The Commission is publishing this
notice to solicit comment on Amendment No. 3 to the proposed rule
change 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. 77179 (February 19,
2016), 81 FR 9521 (``Notice'').
    \4\ See Securities Exchange Act Release No. 77512 (April 4,
2016), 81 FR 20718 (April 8, 2016). The Commission determined that
it was appropriate to designate a longer period within which to take
action on the proposed rule change so that it has sufficient time to
consider the proposed rule change. Accordingly, the Commission
designated May 25, 2016 as the date by which it should approve,
disapprove, or institute proceedings to determine whether to
disapprove the proposed rule change.
    \5\ In Amendment No. 3, the Exchange modified the original
proposed rule change by, among other things: (1) Changing certain
permitted investments of the Fund; (2) representing that the Fund
would not invest in inverse exchange-traded funds (``ETFs''); (3)
describing where pricing information could be found for U.S.
government mortgage backed securities; (4) representing that not
more than 10% of the net assets of the Fund in the aggregate
invested in equity securities (other than non-exchange-traded
investment company securities) shall consist of equity securities
whose principal market is not a member of the Intermarket
Surveillance Group (``ISG'') or is a market with which the Exchange
does not have a comprehensive surveillance sharing agreement; and
(5) representing that all statements and representations made in the
filing regarding (a) the description of the portfolio, (b)
limitations on portfolio holdings or reference assets, or (c) the
applicability of Exchange rules and surveillance procedures shall
constitute continued listing requirements for listing the Shares on
the Exchange; (6) representing that, under normal market conditions,
the Fund will invest at least 75% of its corporate debt securities
in issuances that have at least $100,000,000 par amount outstanding
in developed countries or at least $200,000,000 par amount
outstanding in emerging market countries; and (7) modifying certain
surveillance representations. All of the amendments to the proposed
rule change, including Amendment No. 3, are available at: http://www.sec.gov/comments/sr-nysearca-2016-17/nysearca201617.shtml.
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II. The Exchange's Description of the Proposal 6
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    \6\ The Commission notes that additional information regarding
the Fund, the Trust (as defined below), and the Shares, including
investment strategies, risks, creation and redemption procedures,
fees, portfolio holdings, disclosure policies, calculation of net
asset value (``NAV''), distributions, and taxes, among other things,
can be found in Amendment No. 3 and the Registration Statement, as
applicable. See Amendment No. 3, supra note 5, and Registration
Statement, infra note 7.
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    The Exchange proposes to list and trade the Shares under NYSE Arca
Equities Rule 8.600, which governs the listing and trading of Managed
Fund Shares on the Exchange. The Shares will be offered by the J.P.
Morgan Exchange-Traded Fund Trust (``Trust''), a statutory trust
organized under the laws of the State of Delaware and registered with
the Commission as an open-end management investment company.\7\ J.P.
Morgan Investment Management Inc. (``Adviser'') will be the investment
advisor to the Fund.\8\ The Adviser is a wholly-owned subsidiary of
JPMorgan Asset Management Holdings Inc., which is a wholly-owned
subsidiary of JPMorgan Chase & Co., a bank holding company. JPMorgan
Funds Management, Inc. will serve as the administrator
(``Administrator''). SEI

Investments Distribution Co. will serve as the distributor of the
Shares.
---------------------------------------------------------------------------

    \7\ The Trust is registered under the 1940 Act. On December 14,
2015, the Trust filed with the Commission a registration statement
on Form N-1A under the Securities Act of 1933 (15 U.S.C. 77a)
(``Securities Act'') and the 1940 Act relating to the Fund (File
Nos. 333-192733 and 811-22917) (``Registration Statement''). The
Trust filed an Application for an Order under Section 6(c) of the
1940 Act for exemptions from various provisions of the 1940 Act and
rules thereunder (File No. 812-13761), initially filed March 10,
2010, and most recently amended on December 23, 2015 (``Exemptive
Application''). The Exemptive Application was published for notice
in IC Release No. 31956 on January 14, 2016. The Shares will not be
listed on the Exchange until an order (``Exemptive Order'') under
the 1940 Act has been issued by the Commission with respect to the
Exemptive Application. Investments made by the Fund will comply with
the conditions set forth in the Exemptive Order.
    \8\ The Adviser is not a registered broker-dealer but is
affiliated with a broker-dealer. The Adviser has implemented and
will maintain a firewall with respect to its broker-dealer affiliate
regarding access to information concerning the composition and/or
changes to a portfolio and will be subject to procedures designed to
prevent the use and dissemination of material non-public information
regarding such portfolio. In the event (a) the Adviser becomes
registered as a broker-dealer or newly affiliated with a broker-
dealer or (b) any new adviser or sub-adviser is a broker-dealer or
becomes affiliated with a broker-dealer, it will implement a fire
wall with respect to its personnel or such broker-dealer regarding
access to information concerning the composition and/or changes to
the 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 to provide long term,
total return. The Fund will seek to achieve its investment objective by
allocating assets across several different investment strategies,
including traditional and alternative investment strategies, such as
those utilized by certain hedge funds.

A. The Fund's Principal Investments \9\
---------------------------------------------------------------------------

    \9\ The Fund's permitted assets may be denominated in U.S.
dollars, major reserve currencies, and currencies of other countries
in which the Fund may invest.
---------------------------------------------------------------------------

    According to the Exchange, under normal market conditions, the Fund
will invest principally (i.e., more than 50% of the Fund's assets) in
the securities and financial instruments described below, which may be
represented by derivatives, as discussed below.
    The Fund may invest in exchange-listed common stocks, preferred
stocks, warrants and rights of U.S. and foreign corporations,
(including emerging market securities); and U.S. and non-U.S. real
estate investment trusts (``REITs'').\10\
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    \10\ Not more than 10% of the net assets of the Fund in the
aggregate invested in equity securities (other than non-exchange-
traded investment company securities) shall consist of equity
securities whose principal market is not a member of the ISG or is a
market with which the Exchange does not have a comprehensive
surveillance sharing agreement.
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    The Fund may invest in exchange-listed and over-the-counter
(``OTC'') Depositary Receipts.\11\
---------------------------------------------------------------------------

    \11\ Depositary Receipts include American Depositary Receipts
(``ADRs''), Global Depositary Receipts, and European Depositary
Receipts. No more than 10% of the net assets of the Fund will be
invested in ADRs that are not exchange-listed. See Amendment No. 3,
supra note 5, at 10, n.21.
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    The Fund may hold cash and the following cash equivalents: shares
of money market funds; bank obligations, commercial paper, repurchase
agreements, and short-term funding agreements.
    The Fund may invest in corporate debt.\12\
---------------------------------------------------------------------------

    \12\ Under normal market conditions, the Fund will invest at
least 75% of its corporate debt securities in issuances that have at
least $100,000,000 par amount outstanding in developed countries or
at least $200,000,000 par amount outstanding in emerging market
countries. See id. at 11, n.22. The debt securities in which the
Fund may invest may include both investment grade and high yield
debt securities.
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    The Fund may purchase and sell futures contracts on currencies and
fixed income securities, and futures contracts on indexes of
securities.\13\
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    \13\ Not more than 10% of the net assets of the Fund in the
aggregate invested in futures contracts or exchange-traded options
shall consist of futures contracts or exchange-traded options whose
principal market is not a member of ISG or is a market with which
the Exchange does not have a comprehensive surveillance sharing
agreement.
---------------------------------------------------------------------------

    The Fund may invest in OTC and exchange-traded call and put options
on equities, fixed income securities and currencies or options on
indexes of equities, fixed income securities and currencies.\14\
---------------------------------------------------------------------------

    \14\ See note 13, supra.
---------------------------------------------------------------------------

    In addition to money market funds referenced above, the Fund may
invest in shares of non-exchange-traded investment company securities
to the extent permitted by Section 12(d)(1) of the 1940 Act and the
rules thereunder and/or any applicable exemption or exemptive order
under the 1940 Act with respect to such investments. The Fund may also
invest in ETFs.\15\
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    \15\ All ETF shares will be listed and traded in the U.S. on
national securities exchanges. The Fund will not invest in inverse,
leveraged or inverse leveraged (e.g., -1X, 2X, -2X, 3X or -3X) ETFs.
---------------------------------------------------------------------------

    The Fund may invest in swaps as follows: credit default swaps,
interest rate swaps, currency swaps, and total return swaps on equity
securities, equity indexes, fixed income securities, and fixed income
futures.
    The Fund may invest in forward currency transactions--consisting
of: non-deliverable forwards, foreign forward currency contracts--and
spot currency transactions.
    The Fund may invest in U.S. Government obligations, which may
include direct obligations of the U.S. Treasury, including Treasury
bills, notes and bonds, all of which are backed as to principal and
interest payments by the full faith and credit of the United States,
and separately traded principal and interest component parts of such
obligations that are transferable through the Federal book-entry system
known as Separate Trading of Registered Interest and Principal of
Securities and Coupons Under Book Entry Safekeeping.
    The Fund may invest in U.S. government-sponsored mortgage-backed
securities.

B. The Fund's Other Investments

    While the Fund, under normal market conditions, will invest at
least fifty percent of its assets in the securities and financial
instruments described above, the Fund may invest its remaining assets
in other assets and financial instruments, as described below.
    The Fund will gain exposure to commodity markets indirectly by
investing up to 15% of its total assets in the Subsidiary, which also
will be advised by the Adviser. The Subsidiary will only invest in
commodity futures contracts\16\ and will also hold any necessary cash
or cash equivalents as collateral. The Fund will not invest in
commodity futures contracts directly.
---------------------------------------------------------------------------

    \16\ See note 13, supra.
---------------------------------------------------------------------------

    The Fund may invest in U.S. and non-U.S. convertible securities,
which are bonds that can convert to common stock. The Fund may invest
in inflation-linked debt securities, which include fixed and floating
rate debt securities of varying maturities issued by the U.S.
government and foreign governments.
    The Fund may invest in obligations of supranational agencies, which
are chartered to promote economic development and are supported by
various governments and governmental agencies.
    The Fund may invest in reverse repurchase agreements.
    The Fund may invest in sovereign obligations, which are investments
in debt obligations issued or guaranteed by a foreign sovereign
government or its agencies, authorities or political subdivisions.
    The Fund may invest in U.S. Government agency securities (excluding
U.S. government sponsored mortgage-backed securities, referenced
above), which are securities issued or guaranteed by agencies and
instrumentalities of the U.S. government. These include all types of
securities issued by the Government National Mortgage Association, the
Federal National Mortgage Association, and the Federal Home Loan
Mortgage Corporation, including funding notes, subordinated benchmark
notes, collateralized mortgage obligations, and real estate mortgage
investment conduits.
    The Fund may invest no more than 5% of its assets in equity and
debt securities that are restricted securities (Rule 144A securities),
excluding Rule 144A securities deemed illiquid by the Adviser.\17\
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    \17\ Those illiquid Rule 144A securities are subject to a
separate limit described below.
---------------------------------------------------------------------------

    Under normal market conditions, the Fund may invest no more than 5%
of its assets in OTC common stocks, preferred stocks, warrants, rights
and contingent value rights (``CVRs'') of U.S. and foreign corporations
(including emerging market securities).

C. The Fund's Investment Restrictions

    The Fund may hold up to an aggregate amount of 15% of its net
assets in illiquid assets (calculated at the time of investment),
including Rule 144A securities deemed illiquid by the Adviser,
consistent with Commission guidance. The Fund will monitor its
portfolio liquidity on an ongoing basis to determine whether, in light
of current

circumstances, an adequate level of liquidity is being maintained, and
will consider taking appropriate steps in order to maintain adequate
liquidity if, through a change in values, net assets, or other
circumstances, more than 15% of the Fund's net assets are held in
illiquid assets. Illiquid assets include securities subject to
contractual or other restrictions on resale and other instruments that
lack readily available markets as determined in accordance with
Commission staff guidance.
    The Fund's investments, including derivatives, will be consistent
with the Fund's investment objective and will not be used to enhance
leverage (although certain derivatives may result in leverage). That
is, while the Fund will be permitted to borrow as permitted under the
1940 Act, the Fund's (and the Subsidiary's) investments will not be
used to seek performance that is the multiple or inverse multiple
(i.e., 2Xs and 3Xs) of the Fund's primary broad-based securities
benchmark index (as defined in Form N-1A).

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 Exchange
Act and the rules and regulations thereunder applicable to a national
securities exchange.\18\ 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 Exchange Act,\19\ 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. The
Commission also finds that the proposal to list and trade the Shares on
the Exchange is consistent with Section 11A(a)(1)(C)(iii) of the
Exchange Act,\20\ which sets forth the finding of Congress 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.
---------------------------------------------------------------------------

    \18\ 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).
    \19\ 15 U.S.C. 78f(b)(5).
    \20\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
---------------------------------------------------------------------------

    Quotation and last-sale information for the Shares and for
portfolio holdings of the Fund that are U.S. exchange listed, including
common stocks, preferred stocks, warrants, rights, ETFs, REITs, and
U.S. exchange-traded ADRs will be available via the Consolidated Tape
Association (``CTA'') high speed line. Quotation and last-sale
information for such U.S. exchange-listed securities, as well as
futures will be available from the exchange on which they are listed.
Quotation and last-sale information for exchange-listed options cleared
via the Options Clearing Corporation will be available via the Options
Price Reporting Authority. Quotation and last-sale information for non-
U.S. equity securities will be available from the exchanges on which
they trade and from major market data vendors, as applicable. Price
information for OTC common stocks, preferred stocks, warrants, rights
and CVRs will be available from one or more major market data vendors
or from broker-dealers. Quotation information for OTC options, cash
equivalents, swaps, inflation-linked debt instruments, U.S. government
sponsored mortgage-backed securities, obligations of supranational
agencies, money market funds, non-exchange-listed investment company
securities (other than money market funds), Rule 144A securities, U.S.
Government obligations, U.S. Government agency obligations, sovereign
obligations, corporate debt, inflation-linked debt securities, and
reverse repurchase agreements may be obtained from brokers and dealers
who make markets in such securities or through nationally recognized
pricing services through subscription agreements. The U.S. dollar value
of foreign securities, instruments and currencies can be derived by
using foreign currency exchange rate quotations obtained from
nationally recognized pricing services. Forwards and spot currency
price information will be available from major market data vendors.
    In addition, the Portfolio Indicative Value, as defined in NYSE
Arca Equities Rule 8.600(c)(3), will be widely disseminated by one or
more major market data vendors at least every 15 seconds during the
Core Trading Session. On each business day, before commencement of
trading in Shares in the Core Trading Session on the Exchange, the Fund
will disclose on its Web site the Disclosed Portfolio, as defined in
NYSE Arca Equities Rule 8.600(c)(2), that will form the basis for the
Fund's calculation of NAV at the end of the business day.\21\
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    \21\ On a daily basis, the Fund will disclose on its Web site
the following information regarding each portfolio holding, as
applicable to the type of holding: ticker symbol, CUSIP number or
other identifier, if any; a description of the holding (including
the type of holding, such as type of swap); the identity of the
security, commodity, index or other asset or instrument underlying
the holding, if any; for options, the option strike price; quantity
held (as measured by, for example, par value, notional value or
number of shares, contracts or units); maturity date, if any; coupon
rate, if any; effective date, if any; market value of the holding;
and the percentage weighting of the holding in the Fund's portfolio.
The Web site information will be publicly available at no charge.
The Fund's disclosure of derivative positions in the Disclosed
Portfolio will include information that market participants can use
to value these positions intraday.
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    The NAV for the Shares will be calculated after 4:00 p.m. Eastern
Time each trading day. The Administrator, through the National
Securities Clearing Corporation, will make available on each business
day, immediately prior to the opening of business on the Exchange
(currently 9:30 a.m. Eastern time), the list of the names and the
required number of shares of each deposit instrument to be included in
the current portfolio deposit (based on information at the end of the
previous business day), as well as information regarding the cash
amount for the Fund. The Web site for the Fund will include a form of
the prospectus for the Fund and additional data relating to NAV and
other applicable quantitative information.
    The Commission believes that the proposal to list and trade the
Shares is reasonably designed to promote fair disclosure of information
that may be necessary to price the Shares appropriately and to prevent
trading when a reasonable degree of transparency cannot be assured. The
Commission notes that the Exchange will obtain a representation from
the issuer of the Shares that the NAV per Share will be calculated
daily and that the NAV and the Disclosed Portfolio will be made
available to all market participants at the same time.\22\ Trading in
Shares of the Fund will be halted if the circuit-breaker parameters in
NYSE Arca Equities Rule 7.12 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.\23\ Trading in
the Shares also

will be subject to NYSE Arca Equities Rule 8.600(d)(2)(D), which sets
forth circumstances under which trading in the Shares may be halted.
The Exchange represents that it has a general policy prohibiting the
distribution of material, non-public information by its employees. The
Adviser is not registered as a broker-dealer but is affiliated with a
broker-dealer and has implemented and will maintain a fire wall with
respect to such broker-dealer affiliate regarding access to information
concerning the composition and/or changes to the portfolio, and will be
subject to procedures designed to prevent the use and dissemination of
material non-public information regarding the portfolio.\24\ Further,
the Commission notes that the Reporting Authority that provides the
Disclosed Portfolio of the Fund must implement and maintain, or be
subject to, procedures designed to prevent the use and dissemination of
material, non-public information regarding the actual components of the
portfolio.\25\
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    \22\ See NYSE Arca Equities Rule 8.600(d)(1)(B).
    \23\ These may include: (1) The extent to which trading is not
occurring in the securities or the financial instruments
constituting the Disclosed Portfolio of the Fund; or (2) whether
other unusual conditions or circumstances detrimental to the
maintenance of a fair and orderly market are present.
    \24\ See supra note 8.
    \25\ See NYSE Arca Equities Rule 8.600(d)(2)(B)(ii).
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    Prior to the commencement of trading, the Exchange will inform its
Equity Trading Permit Holders (``ETP Holders'') in an Information
Bulletin (``Bulletin'') of the special characteristics and risks
associated with trading the Shares. The Exchange represents that
trading in the Shares will be subject to the existing trading
surveillances administered by the Exchange, as well as cross-market
surveillances administered by FINRA on behalf of the Exchange, which
are designed to detect violations of Exchange rules and applicable
federal securities laws.\26\ The Exchange represents that these
procedures are adequate to properly monitor Exchange trading of the
Shares in all trading sessions and to deter and detect violations of
Exchange rules and applicable federal securities laws.
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    \26\ FINRA conducts cross-market surveillances on behalf of the
Exchange pursuant to a regulatory services agreement. The Exchange
is responsible for FINRA's performance under this regulatory
services agreement. See Amendment No. 3, supra note 5, at 24, n.38.
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    The Exchange represents that it 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.
The Fund and the Shares must comply with the requirements of NYSE Arca
Equities Rule 8.600 to be initially and continuously listed and traded
on the Exchange. In support of this proposal, the Exchange has also
made the following representations:
    (1) The Exchange has appropriate rules to facilitate transactions
in the Shares during all trading sessions.
    (2) The Exchange has represented that all statements and
representations made in this filing regarding (a) the description of
the portfolio, (b) limitations on portfolio holdings or reference
assets, or (c) the applicability of Exchange rules and surveillance
procedures 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.\27\ If
the Fund is not in compliance with the applicable listing requirements,
the Exchange will commence delisting procedures under NYSE Arca
Equities Rule 5.5(m).\28\
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    \27\ 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.
77499 (April 1, 2016), 81 FR 20428, 20432 (April 7, 2016). In the
context of this representation, it is the Commission's view that
``monitor'' and ``surveil'' both mean ongoing oversight of the
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.
    \28\ See Amendment No. 3, supra note 5, at 25.
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    (3) The Exchange or FINRA, on behalf of the Exchange, or both, will
communicate as needed regarding trading in the Shares, certain
exchange-listed equity securities, certain futures, and certain
exchange-traded options with other markets and other entities that are
members of the ISG, and the Exchange or FINRA, on behalf of the
Exchange, or both, may obtain trading information regarding trading
such securities and financial instruments from such markets and other
entities. In addition, the Exchange may obtain information regarding
trading in such securities and financial instruments from markets and
other entities that are members of ISG or 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.\29\
---------------------------------------------------------------------------

    \29\ See id. at 24-25.
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    (4) Prior to the commencement of trading of the Shares, the
Exchange will inform its ETP Holders in a Bulletin of the special
characteristics and risks associated with trading the Shares. The
Bulletin will discuss the following: (a) The procedures for purchases
and redemptions of Shares in Creation Units (and that Shares are not
individually redeemable); (b) NYSE Arca Equities Rule 9.2(a), which
imposes a duty of due diligence on its ETP 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 Opening and
Late Trading Sessions when an updated PIV will not be calculated or
publicly disseminated; (d) how information regarding the PIV and the
Disclosed Portfolio is disseminated; (e) the requirement that ETP
Holders deliver a prospectus to investors purchasing newly issued
Shares prior to or concurrently with the confirmation of a transaction;
and (f) trading information.
    (5) For initial and continued listing, the Fund will be in
compliance with Rule 10A-3 under the Exchange Act,\30\ as provided by
NYSE Arca Equities Rule 5.3.
---------------------------------------------------------------------------

    \30\ 17 CFR 240.10A-3.
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    (6) A minimum of 100,000 Shares for the Fund will be outstanding at
the commencement of trading on the Exchange.
    (7) The Fund will not invest in inverse, leveraged or inverse
leveraged (e.g., -1X, 2X, -2X, 3X or -3X) ETFs.
    (8) No more than 10% of the net assets of the Fund will be invested
in ADRs that are not exchange-listed
    (9) Not more than 10% of the net assets of the Fund in the
aggregate invested in equity securities (other than non-exchange-traded
investment company securities) shall consist of equity securities whose
principal market is not a member of the ISG or is a market with which
the Exchange does not have a comprehensive surveillance sharing
agreement.
    (10) Not more than 10% of the net assets of the Fund in the
aggregate invested in futures contracts or exchange-traded options
shall consist of futures contracts or exchange-traded options whose
principal market is not a member of ISG or is a market with which the
Exchange does not have a comprehensive surveillance sharing agreement.
    (11) Under normal market conditions, the Fund will invest at least
75% of its corporate debt securities in issuances that have at least
$100,000,000 par amount outstanding in developed countries or at least
$200,000,000 par amount outstanding in emerging market countries.
    (12) The Fund may invest no more than 5% of its assets in equity
and debt securities that are restricted securities

(Rule 144A securities), excluding Rule 144A securities deemed illiquid
by the Adviser. The Fund may hold up to an aggregate amount of 15% of
its net assets in illiquid assets (calculated at the time of
investment), including Rule 144A securities deemed illiquid by the
Adviser, consistent with Commission guidance.

This approval order is based on all of the Exchange's representations,
including those set forth above and in Amendment No. 3.

IV. Solicitation of Comments on Amendment No. 3

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2016-17 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-2016-17. 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 Web site (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 Web site 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; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEArca-2016-17 and should
be submitted on or before June 22, 2016.

V. Accelerated Approval of the 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 Amendment No. 3 in the Federal
Register. Amendment No. 3 supplements the information provided in the
original proposed rule change by, among other things, clarifying
surveillances related to trading in the Shares and providing certain
representations that should help make the fund's portfolio less
susceptible to manipulation. This information assisted the Commission
in evaluating the susceptibility of the Shares to manipulation and the
Exchange's ability to detect and investigate possible manipulative
activity. Accordingly, the Commission finds good cause for approving
the proposed rule change, as modified by Amendment No. 3, on an
accelerated basis, pursuant to Section 19(b)(2) of the Act.\31\
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    \31\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

VI. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Exchange Act,\32\ that the proposed rule change (SR-NYSEArca-2016-17),
as modified by Amendment No. 3 thereto, be, and it hereby is, approved
on an accelerated basis.
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    \32\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\33\
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    \33\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2016-12770 Filed 5-31-16; 8:45 am]
 BILLING CODE 8011-01-P