                 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                            REGION IX AIR DIVISION

                          Technical Support Document
                                      for
                              EPA's Rulemaking
                                    for the
                     California State Implementation Plan

           Butte County Air Quality Management District's Rule 300
            Open Burning Requirements, Prohibitions and Exemptions

                            Prepared by: Kevin Gong
                                 June 20, 2016

RULE IDENTIFICATION
Agency
Butte County Air Quality Management District (BCAQMD)

SIP Approved Rule
Rule 300  -  Open Burning Requirements, Prohibitions and Exemptions
Amended  -  February 24, 2011
Submitted - September 21, 2012
EPA Action- Limited Approval and Limited Disapproval, July 8, 2015 (80 FR 38966)

Subject of this TSD
Rule 300  -  Open Burning Requirements, Prohibitions and Exemptions
Amended  -  August 27, 2015
Submitted - March 11, 2016

Completeness Finding
Determination of Completeness letter: April 19, 2016

RULE SUMMARY
Rule 300 is designed to minimize the impacts of smoke and other air pollutants generated by open burning conducted within Butte County and to assure that it is managed consistent with state and federal law. Rule 300 allows open burning on permissive burn days, provided a permit is obtained; details the types of open burning that can be authorized; sets burn hours, drying-time, and ignition requirements; establishes burn plan requirements for prescribed burns; limits burn acreage for agricultural burning; and lists exemptions to rule requirements.

Changes from the approved SIP rule include the following:

1.	Expand the definition of "Open Burning" to also include Open Outdoor Fires or Open Fires as used in this rule at 5.31.

2.	Remove the definition for "Variance" at 5.53 and renumber subsequent terms accordingly.

3.	Remove the option to burn garbage under a variance at 6.5.

4.	Remove the option for the APCO to waive drying times at 8.24.

EVALUATION CRITERIA
The following criteria were used to evaluate the submitted rule.

1.	Enforceability: The Bluebook (Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations, EPA, May 25, 1988) and the Little Bluebook (Guidance Document for Correcting Common VOC & Other Rule Deficiencies, EPA Region 9, August 21, 2001) were used to help evaluate compliance with the CAA §110(a)(2)(A) requirement for enforceability.

      2.	Stringency: Open burning emits particulate matter (PM), including particulate matter of ten microns or less (PM10) and particulate matter of 2.5 microns or less (PM2.5) directly, as well as volatile organic compounds (VOCs) and oxides of nitrogen (NOx), which are precursors to ozone and PM2.5.

      	BCAQMD regulates an ozone nonattainment area, which is classified as Marginal under the 1997 and 2008 National Ambient Air Quality Standards (NAAQS) for ozone (40 CFR § 81.305). CAA §182(a) exempts ozone nonattainment areas classified as marginal from the requirement to submit an attainment demonstration. Because EPA interprets the reasonably available control measures (RACM) requirement of CAA §172(c)(1) in the context of the requirement to demonstrate attainment as expeditiously as practicable, EPA does not require marginal areas to meet the RACM test (77 FR 28438; 78 FR 34196). Therefore, BCAQMD is not required to implement RACM for ozone.

      	BCAQMD is currently designated attainment for PM10 (40 CFR § 81.305). Accordingly, BCAQMD is not subject to the requirement to implement RACM or Best Available Control Measures (BACM) for PM10 and PM10 precursors in CAA§ 189(b) and (e). Therefore, we are not evaluating Rule 300 for compliance with RACM or BACM requirements with respect to PM10.

      	Effective December 14, 2009, EPA designated the Chico nonattainment area, in Butte County, which is under BCAQMD jurisdiction, as nonattainment for the 2006 24-hour PM2.5 NAAQS (74 FR 58688, November 13, 2009). As a result, the area was required to implement RACM for PM2.5. On September 10, 2013 (78 FR 55225), EPA issued a determination that the area had attained the 2006 24-hour PM2.5 standard based on complete, quality-assured, and certified ambient air monitoring data for the 2010 - 2012 monitoring period. Under EPA's Clean Data Policy and the regulations that embody it (40 CFR 51.1004(c) for PM2.5), an EPA determination that an area is attaining the relevant standard suspends the area's obligations to submit RACM for as long as the area continues to attain. Therefore, BCAQMD is not currently required to implement RACM for PM2.5. If the Chico nonattainment area is redesignated to attainment, RACM requirements for PM2.5 will no longer apply.

      3.	SIP Relaxation: CAA §110(l) prohibits EPA from approving any SIP revision that would interfere with any applicable requirement concerning attainment and reasonable further progress (RFP) or any other applicable requirement of the CAA. In addition, CAA §193 prohibits the modification of any SIP-approved control requirement in effect before November 15, 1990, in a nonattainment area.

EPA EVALUATION
A summary of our evaluation of the three criteria follows.

      1. 	EPA finalized a limited approval and limited disapproval of the current SIP-approved version of Rule 300 at 80 FR 38966. EPA finalized the limited approval because we found that most of the provisions and requirements of the rule were sufficiently enforceable. However, two instances of Air Pollution Control Officer (APCO) discretion (allowing the burning of garbage under discretionary variance at 6.5, and allowing discretion to waive drying times at 8.24) did not meet enforceability criteria, and precluded full approval of the rule. These provisions allowed the APCO to independently interpret the SIP without explicit and replicable procedures within the rule to define how the discretion is exercised in order to assure equivalent emission reductions, and without explicit approval of such discretion provisions by the EPA. As a result, EPA also finalized a limited disapproval which triggered sanctions and Federal Implementation Plan (FIP) clocks.

      	BCAQMD's new submittal was submitted in response to these EPA-identified deficiencies. The new rule language removes these instances of APCO discretion, resolving the previous enforceability concerns. As a result, Rule 300's requirements and applicability now ensure that sources and regulators can evaluate and determine compliance consistently.

      2. 	As noted above, BCAQMD is not currently required to implement RACM for PM2.5. EPA's Technical Support Document (TSD) assessing the previous version of this rule found that this rule was generally as stringent as other California District rules for this category, but that "some areas were implementing more stringent requirements that may be technologically and economically feasible for implementation in Butte County." We recommend reviewing the other recommendations made in that TSD for implementation in the next revision of this rule.

      3. 	We propose to determine that our approval of the submittal would comply with CAA §§110(l) and 193 because (1) the proposed SIP revision would not interfere with the on-going process for ensuring that requirements for RFP and attainment of the NAAQS are met, and (2) the emission limits in the submitted rule are more stringent than the existing SIP-approved control requirements that they would replace.

EPA ACTION
The submitted Rule 300 strengthens the SIP by resolving previously identified deficiencies. The rule largely fulfils the relevant CAA §110 and part D requirements. Therefore, EPA staff recommends approval of Rule 300 pursuant to CAA §110(k)(3) and §301(a). EPA's approval of this submittal would terminate the FIP and sanctions clocks started in our previous final action at 80 FR 38966.

REFERENCES

 "Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations," (a.k.a., Bluebook) EPA OAQPS, May 25, 1988.
 "Guidance Document for Correcting Common VOC & Other Rule Deficiencies," (a.k.a., Little Bluebook), EPA Region 9, August 21, 2001.
 "Technical Support Document for EPA's Notice of Proposed Rulemaking for the California State Implementation Plan, Butte County Air Quality Management District Rule 300, Open Burning, Prohibitions and Exemptions," Prepared by Rynda Kay, October 2014.


[Federal Register Volume 82, Number 58 (Tuesday, March 28, 2017)]
[Proposed Rules]
[Pages 15310-15311]
[FR Doc No: 2017-06120]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 50 and 51

[EPA-HQ-OAR-2016-0596; FRL-9960-38-OAR]
RIN 2060-AT22

Response to December 9, 2013, Clean Air Act Section 176A Petition
From Connecticut, Delaware, Maryland, Massachusetts, New Hampshire, New
York, Pennsylvania, Rhode Island and Vermont

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of public hearing and extension of comment period.

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SUMMARY: Due to inclement weather in the Washington, DC, area, the
Environmental Protection Agency (EPA) is announcing it has rescheduled
the hearing date and extended the public comment period for the
proposed action titled, ``Response to December 9, 2013, Clean Air Act
Section 176A Petition from Connecticut, Delaware, Maryland,
Massachusetts, New Hampshire, New York, Pennsylvania, Rhode Island and
Vermont,'' published in the Federal Register on January 19, 2017. In
response to requests for a public hearing, the EPA published a notice
of public hearing and extension of public comment period on February
15, 2017, announcing that a public hearing would be held on March 14,
2017, in Washington, DC, and the public comment period extended to
April 13, 2017. Due to inclement weather, the EPA has rescheduled the
hearing to April 13, 2017. In addition, in order to allow sufficient
time after the public hearing for submission of comments, the EPA is
announcing the extension of the comment period for the proposed action
to May 15, 2017.

DATES: Comments. Comments must be received on or before May 15, 2017.
Public Hearing. The public hearing will be held on April 13, 2017, in
Washington, DC. Please refer to SUPPLEMENTARY INFORMATION section for
additional information on the public hearing.

ADDRESSES: Public Hearing. The April 13, 2017, public hearing will be
held at the EPA, William Jefferson Clinton East Building, Room 1153,
1201 Constitution Avenue NW., Washington, DC 20004. Identification is
required. If your driver's license is issued by Kentucky, Maine,
Minnesota, Missouri, Montana, Oklahoma, Pennsylvania, South Carolina or
the state of Washington, you must present an additional form of
identification to enter (see SUPPLEMENTARY INFORMATION section for
additional information on this location). Comments. Submit your
comments, identified by Docket ID No. EPA-HQ-OAR-2016-0596, at: http://www.regulations.gov. Follow the online instructions for submitting
comments. 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 http://www2.epa.gov/dockets/comments.html.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at EPA Docket Center
Reading Room, William Jefferson Clinton West Building, 1301
Constitution Avenue NW., Washington, DC 20004. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays. The phone number for the Public Reading Room is (202)
566-1744.

FOR FURTHER INFORMATION CONTACT: If you would like to speak at the
public hearing, please contact Ms. Pamela Long, U.S. Environmental
Protection Agency, Office of Air Quality Planning and Standards
(OAQPS), Air Quality Planning Division (C504-01), Research Triangle
Park, NC 27711, telephone<PHONE_NUMBER>, fax number<PHONE_NUMBER>,
email address<EMAIL_ADDRESS>no later than April 11, 2017. If you
have any questions relating to the public

hearing, please contact Ms. Long at the above number.
    If you have questions concerning the January 19, 2017, proposed
action, please contact Ms. Gobeail McKinley, U.S. Environmental
Protection Agency, Office of Air Quality Planning and Standards
(OAQPS), Air Quality Planning Division (C539-01), Research Triangle
Park, NC 27711, telephone<PHONE_NUMBER>, email address
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The proposal for which the EPA is holding
the public hearing was published in the Federal Register on January 19,
2017 (82 FR 6509), and is available at: http://www.epa.gov/ozone-pollution/2008-ozone-national-ambient-air-quality-standards-naaqs-section-176a-petitions and also in Docket ID No. EPA-HQ-OAR-2016-0596.
The public hearing will provide interested parties the opportunity to
present data, views, or arguments concerning the proposal. The EPA may
ask clarifying questions during the oral presentations, but will not
respond to presentations at that time. Written statements and
supporting information that are submitted during the comment period
will be considered with the same weight as any oral comments and
supporting information presented at the public hearing. Written
comments must be postmarked by the last day of the comment period.
    The public hearing will convene at 9:00 a.m. and end at 6:00 p.m.
Eastern Time (ET) or at least 2 hours after the last registered speaker
has spoken. The EPA will make every effort to accommodate all
individuals interested in providing oral testimony. A lunch break is
scheduled from 12:00 p.m. until 1:00 p.m. Please note that this hearing
will be held at a U.S. government facility. Individuals planning to
attend the hearing should be prepared to show valid picture
identification to the security staff in order to gain access to the
meeting room. The REAL ID Act, passed by Congress in 2005, established
new requirements for entering federal facilities. These requirements
took effect on July 21, 2014. If your driver's license is issued by
Kentucky, Maine, Minnesota, Missouri, Montana, Oklahoma, Pennsylvania,
South Carolina or the state of Washington, you must present an
additional form of identification to enter the federal building where
the public hearing will be held. Acceptable alternative forms of
identification include: Federal employee badges, passports, enhanced
driver's licenses and military identification cards. For additional
information for the status of your state regarding REAL ID, go to
http://www.dhs.gov/real-id-enforcement-brief. In addition, you will
need to obtain a property pass for any personal belongings you bring
with you. Upon leaving the building, you will be required to return
this property pass to the security desk. No large signs will be allowed
in the building, cameras may only be used outside of the building, and
demonstrations will not be allowed on federal property for security
reasons.
    If you would like to present oral testimony at the hearing, please
notify Ms. Pamela Long, U.S. Environmental Protection Agency, Office of
Air Quality Planning and Standards (OAQPS), Air Quality Planning
Division (C504-01), Research Triangle Park, NC 27711, telephone (919)
541-0641, fax number<PHONE_NUMBER>, email address<EMAIL_ADDRESS>no
later than 4:00 p.m. ET on April 11, 2017. Ms. Long will arrange a
general time slot for you to speak. The EPA will make every effort to
follow the schedule as closely as possible on the day of the hearing.
    Oral testimony will be limited to 5 minutes for each commenter. The
EPA encourages commenters to provide the EPA with a copy of their oral
testimony electronically (via email) or in hard copy form. The EPA will
not provide audiovisual equipment for presentations unless we receive
special requests in advance. Commenters should notify Ms. Long if they
will need specific equipment. Commenters should also notify Ms. Long if
they need specific translation services for non-English speaking
commenters.
    Prior to the hearing, the hearing schedule, including the list of
speakers, will be posted on the EPA's Web site at: http://www.epa.gov/ozone-pollution/2008-ozone-national-ambient-air-quality-standards-naaqs-section-176a-petitions. Verbatim transcripts of the hearing and
written statements will be included in the docket for the action.

How can I get copies of this document and other related information?

    The EPA has established a docket for the proposed action ``Response
to December 9, 2013, Clean Air Act Section 176A Petition from
Connecticut, Delaware, Maryland, Massachusetts, New Hampshire, New
York, Pennsylvania, Rhode Island and Vermont'' under Docket ID No. EPA-
HQ-OAR-2016-0596 (available at: http://www.regulations.gov). The EPA
has made available information related to the proposed action on the
EPA's Web site at: http://www.epa.gov/ozone-pollution/2008-ozone-national-ambient-air-quality-standards-naaqs-section-176a-petitions.

    Dated: March 16, 2017.
Stephen Page,
Director, Office of Air Quality Planning and Standards.
[FR Doc. 2017-06120 Filed 3-27-17; 8:45 am]
 BILLING CODE 6560-50-P


From:
"STARKWEATHER, DIANA M."<EMAIL_ADDRESS>Sent:
Sat, 24 Dec 2022 06:43:14
To:
"Jones; DonnaLee"<EMAIL_ADDRESS>"BATTEN; KATIE M"<EMAIL_ADDRESS><EMAIL_ADDRESS><EMAIL_ADDRESS>Cc:
<EMAIL_ADDRESS>Subject:
Jewell Coke Co. ICR Enclosure 1 Parts A IV-V, Questions 25 -35 - due Dec 24, 2022

Good morning Donna Lee -

We are submitting the attached non-confidential information for Jewell Coke Co. in response to Enclosure 1 Part A, IV-V.  We will submit a confidential version of the ICR spreadsheet that includes the CBI data to the Office of Air Quality Planning and Standards via email as required.

Thanks!

Diana Starkweather
Corporate Environmental, Health & Safety Compliance Manager
SunCoke Energy

2446 Gallia Pike
Franklin Furnace, OH 45629
Office:<PHONE_NUMBER>
Cell:<PHONE_NUMBER>

*Please excuse any formatting errors caused by the Office web app.

<<SunCoke ICR Jewell Enclosure 1 Parts A-I thru A-V and A-IX Responses Non-Confidential.xlsx>>


[Federal Register Volume 80, Number 189 (Wednesday, September 30, 2015)]
[Notices]
[Pages 58799-58803]
[FR Doc No: 2015-24714]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75975; File No. SR-NASDAQ-2015-089]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Order
Granting Approval of Proposed Rule Change Relating to the Listing and
Trading of the 1-3 Month Enhanced Short Duration ETF, a Series of Plus
Trust

September 24, 2015.

I. Introduction

    On July 29, 2015, The NASDAQ Stock Market LLC (``Exchange'' or
``NASDAQ''), filed with the Securities and Exchange Commission
(``Commission''), pursuant to section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to list and trade shares (``Shares'') of the 1-3
Month Enhanced Short Duration ETF (``Fund''), a series of Plus Trust
(``Trust''). The proposed rule change was published for comment in the
Federal Register on August 19, 2015.\3\ The Commission received no
comments on the proposed rule change. This order grants approval of the
proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 75694 (August 13,
2015), 80 FR 50358 (``Notice'').
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II. Description of the Proposed Rule Change

    The Exchange proposes to list and trade Shares of the Fund, an
actively managed exchange-traded fund (``ETF''), under NASDAQ Rule
5735, which governs the listing and trading of ``Managed Fund Shares''
on the Exchange. The Shares will be offered by the Trust, which was
established as a Delaware statutory trust on December 10, 2014.\4\ The
Exchange states that the Trust is registered with the Commission as an
investment company and has filed a registration statement on Form N-1A
(``Registration Statement'') with the Commission.\5\ New York Alaska
ETF Management, LLC will be the investment adviser (``Adviser'') to the
Fund.\6\ Foreside Fund Services, LLC will be the principal underwriter
and distributor of the Fund's Shares. The Bank of New York Mellon
(``BNY Mellon'') will act as the administrator, accounting agent,
custodian, and transfer agent to the Fund. The Exchange has made the
following representations and statements in describing the Fund and its
investment strategy, including the Fund's portfolio holdings and
investment restrictions.\7\
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    \4\ The Exchange represents that the Trust has obtained certain
exemptive relief under the Investment Company Act of 1940 (``1940
Act''). See Investment Company Act Release No. 31709 (July 8, 2015).
The Exchange further represents that the Trust's application for
exemptive relief under the 1940 Act states that the Fund will comply
with the federal securities laws in accepting securities for
deposits and satisfying redemptions with redemption 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.
    \5\ See Registration Statement on Form N-1A for the Trust filed
on January 23, 2015 (File Nos. 333-201658 and 811-23019).
    \6\ The Exchange represents that the Adviser is not registered
as a broker-dealer and is not affiliated with a broker-dealer. In
the event (a) the Adviser becomes newly affiliated with a broker-
dealer or registers as a broker-dealer, or (b) any new adviser or
sub-adviser is a registered broker-dealer or becomes affiliated with
a broker-dealer, it will implement a fire wall with respect to its
relevant personnel and/or such broker-dealer affiliate, if
applicable, 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.
    \7\ The Commission notes that additional information regarding
the Fund, the Trust, 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 the Notice and the Registration Statement, as
applicable. See Notice and Registration Statement, supra notes 3 and
5, respectively.
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A. Exchange's Description of the Fund's Principal Investments

    The Fund's investment objective is to seek current income
consistent with preservation of capital and daily liquidity. Under
normal market conditions,\8\ the Fund will invest substantially all of
its net assets (exclusive of collateral with respect to securities
lending, repurchase, and reverse repurchase agreement transactions) in
U.S. Treasury securities, which include bills, notes, and bonds issued
by the U.S. Treasury, that have remaining maturities of greater than or
equal to one month and less than three months.\9\ U.S. Treasury bills,
notes, and bonds are direct obligations of the U.S. Treasury. U.S.
Treasury bills have initial maturities of one year or less, U.S.
Treasury notes have initial maturities from two to 10 years, and U.S.
Treasury bonds have initial maturities of more than 10 years. While
U.S. Treasury securities are supported by the full faith and credit of
the U.S. government, such securities are nonetheless subject to credit
risk, albeit minimal (i.e., the risk that the U.S. government may be,
or may be perceived to be, unable to make interest and principal
payments).
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    \8\ The term ``under normal market conditions'' includes, but is
not limited to, the absence of extreme volatility or trading halts
in the fixed income markets or the financial markets generally;
operational issues causing dissemination of inaccurate market
information; or force majeure type events such as systems failure,
natural or man-made disaster, act of God, armed conflict, act of
terrorism, riot or labor disruption, or any similar intervening
circumstance. In response to adverse market, economic, political, or
other conditions, the Fund reserves the right to invest in cash,
without limitation, as determined by the Adviser. In the event the
Fund engages in these temporary defensive strategies that are
inconsistent with its investment strategies, the Fund's ability to
achieve its investment objectives may be limited.
    \9\ The U.S. Treasury securities in which the Fund may invest
will include variable rate U.S. Treasury securities, whose rates are
adjusted daily (or at such other increment as may later be
determined by the Department of the U.S. Treasury) to correspond
with the rate paid on one-month or three-month U.S. Treasury
securities, as applicable.
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    In order to enhance income, the Fund intends to enter into
securities lending, repurchase agreement, and/or reverse

repurchase agreement \10\ transactions in an amount equal to not more
than 33% of the Fund's total assets, consistent with the requirements
of the 1940 Act.\11\ The Fund may lend its portfolio of securities to
broker/dealers, institutional investors, banks, and insurance and/or
reinsurance companies located in the member countries of The
Organization for Economic Co-operation and Development (``OECD'').\12\
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    \10\ A ``repurchase agreement'' (also known as a repo) is the
purchase of securities with the agreement to sell the securities
back at a higher price at a specific future date. A ``reverse
repurchase agreement'' (also known as a reverse repo) is the sale of
securities with the agreement to buy them back at a higher price at
a specific future date. For the party that is selling the security
and agreeing to repurchase it in the future, it is a reverse repo;
for the party on the other end of the transaction that is buying the
security and agreeing to sell in the future, it is a repurchase
agreement.
    \11\ The Exchange represents that securities lending by funds
may implicate certain sections of the 1940 Act. For example, the
transfer of a fund's portfolio securities to a borrower implicates
section 17(f) of the 1940 Act, which generally requires that a
fund's portfolio securities be held by an eligible custodian. In
addition, a fund's obligation to return collateral at the
termination of a loan implicates Section 18 of the 1940 Act, which
governs the extent to which a fund may incur indebtedness.
    \12\ A list of OECD members is available at: http://www.oecd.org/about/membersandpartners/list-oecd-member-countries.htm.
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    Securities lending allows the Fund to retain ownership of the
securities loaned and, at the same time, to earn additional income.
Loans will be made only to parties who have been reviewed and deemed
satisfactory by the Adviser, pursuant to guidelines adopted by the
Trust's Board of Trustees, and which provide collateral under master
agreements issued by SIFMA (The Securities Industry and Financial
Markets Association) or ISLA (International Securities Lending
Association), which is either (i) 102% cash, or (ii) 102%-115% U.S.
Treasury securities of the market value of the loaned securities. The
collateral is marked-to-market daily. When the Fund lends portfolio
securities, its investment performance will continue to reflect changes
in the value of the securities loaned, and the Fund will also receive a
fee or interest on the collateral.
    The Fund also may enter into repurchase and reverse repurchase
agreements with broker/dealers, institutional investors, banks, and
insurance and/or reinsurance companies located in the member countries
of the OECD. Repurchase transactions involve the purchase of securities
with an agreement to resell the securities at an agreed-upon price,
date, and interest payment. Reverse repurchase transactions involve the
sale of securities with an agreement to repurchase the securities at an
agreed-upon price, date, and interest payment, and have the
characteristics of borrowing. With respect to repurchase agreements and
reverse repurchase agreements, proceeds (collateral) received under
master agreements issued by SIFMA or ICMA (International Capital
Markets Association) must be equal to or greater than the market value
of the sold securities and (i) cash, (ii) U.S Treasury securities, or
(iii) debt securities secured by U.S. Treasury securities (such debt
securities typically will be issued pursuant to Rule 144A and will be
secured by a pledge to the note holder of U.S. Treasury securities with
a market value equal to or greater than the face value of the debt
security). All collateral will have a maturity of three months or less.
The collateral is marked-to-market daily and valued in accordance with
the Fund's valuation procedures. The price paid to repurchase the
security reflects interest accrued during the term of the agreement.

B. Exchange's Description of the Fund's Other Investments

    In order to seek its investment objective, the Fund will not employ
other strategies outside of the above-described ``Principal
Investments.'' The Exchange represents that the Fund will not use
derivative instruments, including options, swaps, forwards, and futures
contracts, both listed and over-the-counter. The Fund will not invest
in leveraged, inverse, or leveraged inverse exchange-traded products
and will not be operated as a ``leveraged ETF'' designed to seek a
multiple of the performance of an underlying reference asset.
    In addition, according to the Exchange, the Fund's securities
lending and reverse repurchase agreement transactions will be made in
accordance with the 1940 Act and consistent with the Fund's investment
objectives and policies, and will not be used to multiply the risks and
returns of income producing assets. The Fund will comply with the
regulatory requirements of the Commission to maintain assets as
``cover,'' and maintain segregated accounts as needed. With respect to
the reverse repurchase agreements entered into by the Fund that involve
obligations to make future payments to third parties, the Fund, in
accordance with applicable federal securities laws, rules, and
interpretations thereof, will ``set aside'' liquid assets, or engage in
other measures to ``cover'' open positions with respect to such
transactions. These procedures will be adopted consistent with section
18 of the 1940 Act and related Commission guidance. In addition, the
Fund will include appropriate risk disclosure in its offering
documents, including leveraging risk. Leveraging risk is the risk that
certain transactions of the Fund, including the Fund's use of reverse
repurchase agreements, may give rise to leverage, causing the Fund's
Shares to be more volatile than if they had not been leveraged.

C. Exchange's Description of the Fund's Investment Restrictions

    Under normal market conditions, the Fund will invest substantially
all, but not less than, 80% of its net assets (exclusive of collateral
with respect to securities lending, repurchase, and reverse repurchase
agreement transactions), plus any borrowings for investment purposes,
in U.S. Treasury securities, which include bills, notes, and bonds
issued by the U.S. Treasury, that have remaining maturities of greater
than or equal to one month and less than three months.
    The Fund may hold up to an aggregate amount of 15% of its net
assets in illiquid securities, including repurchase and reverse
repurchase agreements maturing in more than seven days, and other
illiquid assets (calculated at the time of investment). 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 securities or other illiquid assets.
Illiquid securities and other illiquid assets include securities
subject to contractual or other restrictions on resale and other
instruments that lack readily available markets, as determined in
accordance with Commission staff guidance.
    The Fund intends to qualify for, and to elect to be treated as, a
regulated investment company under subchapter M of the Internal Revenue
Code of 1986.

III. Discussion and Commission's Findings

    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of section 6 of the Act \13\
and the rules and regulations thereunder applicable to a national
securities exchange.\14\ In

particular, the Commission finds that the proposal is consistent with
section 6(b)(5) of the Act,\15\ which requires, among other things,
that the Exchange's rules be designed 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.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78f.
    \14\ 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).
    \15\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    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 Act,\16\ 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. Quotation and last-
sale information for the Shares will be available via NASDAQ
proprietary quote and trade services, as well in accordance with the
Unlisted Trading Privileges and the Consolidated Tape Association
plans, as applicable. In addition, the Intraday Indicative Value,\17\
as defined in Nasdaq Rule 5735(c)(3), will be available on the NASDAQ
OMX Information LLC proprietary index data service and will be widely
disseminated by one or more major market data vendors at least every 15
seconds during the Regular Market Session.\18\ On each business day,
before commencement of trading in Shares in the Regular Market Session
\19\ on the Exchange, the Fund will disclose on its Web site the
identities and quantities of the portfolio of securities and other
assets (``Disclosed Portfolio,'' as defined in Nasdaq Rule 5735(c)(2))
held by the Fund that will form the basis for the Fund's calculation of
NAV at the end of the business day.\20\ On a daily basis, the Disclosed
Portfolio will include, as applicable, each portfolio security and
other financial instruments of the Fund with the following information
on the Fund's Web site: Ticker symbol, CUSIP number or other
identifier, if any; a description of the holding (including the type of
holding); the identity of the security or other asset or instrument
underlying the holding, if any; quantity held (as measured by, for
example, par value; maturity date, if any; coupon rate, if any;
effective date, if any; market value of the holding; and the percentage
weighting of the holdings in the Fund's portfolio). The Web site
information will be publicly available at no charge. In addition, the
Fund's disclosure of securities lending transactions and repurchase and
reverse repurchase agreements will include information regarding the
income being accrued on such instruments/transactions expressed in a
percentage relative to the NAV published by the Fund.
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    \16\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
    \17\ The Intraday Indicative Value will be based upon the
current value for the components of the Disclosed Portfolio, as
defined below.
    \18\ Currently, the NASDAQ OMX Global Index Data Service
(``GIDS'') is the NASDAQ OMX global index data feed service,
offering real-time updates, daily summary messages, and access to
widely followed indexes and ETFs. GIDS provides investment
professionals with the daily and historical information needed to
track or trade NASDAQ OMX indexes, listed ETFs or third-party
partner indexes and ETFs.
    \19\ See Nasdaq Rule 4120(b)(4) (describing the three trading
sessions on the Exchange: (1) Pre-Market Session from 4 a.m. to 9:30
a.m. Eastern Time (``E.T.''); (2) Regular Market Session from 9:30
a.m. to 4 p.m. or 4:15 p.m. E.T.; and (3) Post-Market Session from 4
p.m. or 4:15 p.m. to 8 p.m. E.T.).
    \20\ Under accounting procedures to be followed by the Fund,
trades made on the prior business day (``T'') will be booked and
reflected in NAV on the current business day (``T+1'').
Notwithstanding the foregoing, portfolio trades that are executed
prior to the opening of the Exchange on any business day may be
booked and reflected in NAV on such business day. Accordingly, the
Fund will be able to disclose at the beginning of the business day
the portfolio that will form the basis for the NAV calculation at
the end of the business day.
---------------------------------------------------------------------------

    A basket composition file, which will include the security names
and quantities of securities and other assets required to be delivered
in exchange for Shares, if applicable, together with estimates and
actual cash components, will be publicly disseminated prior to the
opening of the Exchange via the National Securities Clearing
Corporation. The basket will represent one ``Creation Unit'' of the
Fund. The NAV will be determined on each business day as of the close
of trading (ordinarily 4:00 p.m. E.T.) on the New York Stock Exchange,
now under the umbrella of the Intercontinental Exchange.\21\
Information regarding market price and trading volume of the Shares
will be continually available on a real-time basis throughout the day
on brokers' computer screens and other electronic services. The
previous day's closing price and trading volume information for the
Shares will be published daily in the financial section of newspapers.
Intra-day, executable price quotations on U.S. Treasury securities are
available through subscription services such as Bloomberg, TradeWeb, E-
Speed, Tullett Prebon, the U.S. Treasury Department, and/or Interactive
Brokers, which can be accessed by Authorized Participants \22\ and
other investors. In addition, the Fund's Web site will include a form
of the prospectus for the Fund and additional data relating to NAV and
other applicable quantitative information.
---------------------------------------------------------------------------

    \21\ NAV will be calculated for the Fund by taking the market
price of the Fund's total assets, including interest or dividends
accrued but not yet collected, less all liabilities, and dividing
this amount by the total number of Shares outstanding. According to
the Exchange, with respect to U.S. Treasury securities, which
include bills, notes, and bonds issued by the U.S. Treasury, the
Fund will value such securities at the price listed at the following
sources: Bloomberg, TradeWeb, E-Speed, Tullett Prebon, the U.S.
Treasury Department, and/or Interactive Brokers, with the hierarchy
of such sources generally in the order listed. Securities lending
transactions, repurchase agreements, and reverse repurchase
agreements transactions will be valued at the combined value of (i)
the value of the underlying Fund asset utilized in the transaction,
and (ii) the relative realized profit value, added daily.
    \22\ To be eligible to place orders to create a Creation Unit of
the Fund, an entity must be a Depository Trust Company (``DTC'')
participant, such as a broker-dealer, bank, trust company, clearing
corporation, or certain other organization (``DTC Participant'').
DTC acts as a securities depositary for the Shares. The DTC
Participant must have executed an agreement with respect to
creations and redemptions of Creation Units (``Participant
Agreement''). A DTC Participant that has executed a Participant
Agreement is referred to as an ``Authorized Participant.''
---------------------------------------------------------------------------

    The Commission further believes that the proposal to list and trade
the Shares is reasonably designed to promote fair disclosure of
information that may be necessary to price the Shares appropriately and
to prevent trading when a reasonable degree of transparency cannot be
assured. The Exchange states that the Adviser is not registered as a
broker-dealer and is not affiliated with a broker-dealer.\23\ 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. Trading in the Shares will be halted under the conditions
specified in Nasdaq Rules 4120 and 4121, including the trading pause
provisions under Nasdaq Rules 4120(a)(11) and (12). Trading in the
Shares may be halted because of market conditions or for reasons that,
in the view of the Exchange, make trading in the Shares
inadvisable,\24\ and trading in the Shares will be subject to Nasdaq
Rule 5735(d)(2)(D), which sets forth circumstances under which trading
in the Shares may be halted. The Exchange states that it has a general
policy prohibiting the distribution of material, non-public information
by its employees. Further, the Commission notes that the Reporting
Authority \25\ that provides the Disclosed Portfolio must implement and
maintain, or be subject to, procedures designed to prevent the use and
dissemination of material, non-public information regarding the actual
components of the portfolio.\26\ The Exchange represents that trading
in the Shares will be subject to the existing trading surveillances,
administered by both Nasdaq and also FINRA on behalf of the Exchange,
which are designed to detect violations of Exchange rules and
applicable federal securities laws.\27\ The Exchange further 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.
Moreover, prior to the commencement of trading, the Exchange states
that it will inform its members in an Information Circular of the
special characteristics and risks associated with trading the Shares.
---------------------------------------------------------------------------

    \23\ See supra note 6. 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, the Adviser and its related personnel are subject to the
provisions of Rule 204A-1 under the Advisers Act, which requires
investment advisers to adopt a code of ethics that reflects the
fiduciary nature of their relationship with their clients as well as
compliance with other applicable securities laws. Accordingly,
investment advisers must have procedures designed to prevent the
communication and misuse of non-public information, 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.
    \24\ These reasons may include: (1) The extent to which trading
is not occurring in the securities and/or the other assets
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. With respect
to trading halts, the Exchange may consider all relevant factors in
exercising its discretion to halt or suspend trading in the Shares.
    \25\ Nasdaq Rule 5730(c)(4) defines ``Reporting Authority.''
    \26\ See Nasdaq Rule 5735(d)(2)(B)(ii).
    \27\ The Exchange states that FINRA surveils trading on the
Exchange pursuant to a regulatory services agreement and that the
Exchange is responsible for FINRA's performance under this
regulatory services agreement.
---------------------------------------------------------------------------

    The Exchange represents that the Shares are deemed to be equity
securities, thus rendering trading in the Shares subject to the
Exchange's existing rules governing the trading of equity securities.
In support of this proposal, the Exchange has made representations,
including the following:
    (1) The Shares will be subject to Rule 5735, which sets forth the
initial and continued listing criteria applicable to Managed Fund
Shares.
    (2) The Exchange has appropriate rules to facilitate transactions
in the Shares during all trading sessions.
    (3) FINRA, on behalf of the Exchange, will communicate as needed
regarding trading in the Shares with other markets and other entities
that are members of the Intermarket Surveillance Group (``ISG''),\28\
and FINRA may obtain trading information regarding trading in the
Shares and other exchange-traded securities and instruments held by the
Fund from such markets and other entities. In addition, the Exchange,
if applicable, may obtain information regarding trading in the Shares
from markets and other entities that are members of ISG, or with which
the Exchange has in place a comprehensive surveillance sharing
agreement.
---------------------------------------------------------------------------

    \28\ For a list of the current members of ISG, see
www.isgportal.org. The Exchange notes that not all components of the
Disclosed Portfolio may trade on markets that are members of ISG or
with which the Exchange has in place a comprehensive surveillance
sharing agreement.
---------------------------------------------------------------------------

    (4) Prior to the commencement of trading, the Exchange will inform
its members in an Information Circular of the special characteristics
and risks associated with trading the Shares. Specifically, the
Information Circular will discuss the following: (a) The procedures for
purchases and redemptions of Shares in creation units (and that Shares
are not individually redeemable); (b) Nasdaq Rule 2111A, which imposes
suitability obligations on Nasdaq members with respect to recommending
transactions in the Shares to customers; (c) how information regarding
the Intraday Indicative Value and the Disclosed Portfolio is
disseminated; (d) the risks involved in trading the Shares during the
Pre-Market and Post-Market Sessions when an updated Intraday Indicative
Value will not be calculated or publicly disseminated; (e) the
requirement that members deliver a prospectus to investors purchasing
newly issued Shares prior to or concurrently with the confirmation of a
transaction; and (f) trading information.
    (5) For initial and continued listing, the Fund must be in
compliance with Rule 10A-3 under the Act.\29\
---------------------------------------------------------------------------

    \29\ See 17 CFR 240.10A-3.
---------------------------------------------------------------------------

    (6) Under normal market conditions, the Fund will invest
substantially all, but in any event not less than 80%, of its net
assets (exclusive of collateral with respect to securities lending,
repurchase, and reverse repurchase agreement transactions) in U.S.
Treasury securities, which include bills, notes, and bonds issued by
the U.S. Treasury, that have remaining maturities of greater than or
equal to one month and less than three months. In order to seek its
investment objective, the Fund will not employ other strategies outside
of the above-described ``Principal Investments.''
    (7) The Fund may hold up to an aggregate amount of 15% of its net
assets in illiquid securities, including repurchase and reverse
repurchase agreements maturing in more than seven days, and other
illiquid assets (calculated at the time of investment). 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 securities or other illiquid assets.
    (8) Loans will be made only to parties who have been reviewed and
deemed satisfactory by the Adviser, pursuant to guidelines adopted by
the Trust's Board of Trustees, and which provide collateral under
master agreements issued by SIFMA or ISLA, which is either (i) 102%
cash, or (ii) 102%-115% U.S. Treasury securities of the market value of
the loaned securities. With respect to repurchase agreements and
reverse repurchase agreements, proceeds (collateral) received under
master agreements issued by SIFMA or ICMA must be equal to or greater
than the market value of the sold securities and (i) cash, (ii) U.S
Treasury securities, or (iii) debt securities secured by U.S. Treasury
securities. All collateral will have a maturity of three months or
less.
    (9) The Fund may enter into securities lending, repurchase
agreement, and/or reverse repurchase agreement transactions in an
amount equal to not more than 33% of the Fund's total assets,
consistent with the requirements of the 1940 Act.
    (10) The Fund's investments will be consistent with its investment
objective. The Fund will not use derivative instruments, including
options, swaps, forwards, and futures contracts, both listed and over-
the-counter. The Fund will not invest in leveraged, inverse, or
leveraged inverse exchange-traded products and will not be operated as
a ``leveraged ETF'' designed to seek a multiple of the performance of
an underlying reference asset.

    (11) The Fund's securities lending and reverse repurchase agreement
transactions will be made in accordance with the 1940 Act and
consistent with the Fund's investment objectives and policies, and will
not be used to multiply the risks and returns of income producing
assets. The Fund will comply with the regulatory requirements of the
Commission to maintain assets as ``cover,'' and maintain segregated
accounts as needed. With respect to the reverse repurchase agreements
entered into by the Fund that involve obligations to make future
payments to third parties, the Fund, in accordance with applicable
federal securities laws, rules, and interpretations thereof, will ``set
aside'' liquid assets, or engage in other measures to ``cover'' open
positions with respect to such transactions. These procedures will be
adopted consistent with Section 18 of the 1940 Act and related
Commission guidance. In addition, the Fund will include appropriate
risk disclosure in its offering documents, including leveraging risk.
Leveraging risk is the risk that certain transactions of the Fund,
including the Fund's use of reverse repurchase agreements, may give
rise to leverage, causing the Fund's Shares to be more volatile than if
they had not been leveraged.
    (12) A minimum of 50,000 Shares will be outstanding at the
commencement of trading on the Exchange.
    This approval order is based on all of the Exchange's
representations, including those set forth above and in the Notice, and
the Exchange's description of the Fund. The Commission notes that the
Fund and the Shares must comply with the initial and continued listing
criteria in Nasdaq Rule 5735 for the Shares to be listed and traded on
the Exchange.
    For the foregoing reasons, the Commission finds that the proposed
rule change is consistent with section 6(b)(5) of the Act \30\ and the
rules and regulations thereunder applicable to a national securities
exchange.
---------------------------------------------------------------------------

    \30\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered, pursuant to section 19(b)(2) of the
Act,\31\ that the proposed rule change (SR-NASDAQ-2015-089), be, and it
hereby is, approved.
---------------------------------------------------------------------------

    \31\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\32\
---------------------------------------------------------------------------

    \32\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-24714 Filed 9-29-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 251 (Friday, December 30, 2011)]
[Rules and Regulations]
[Pages 82111-82113]
[FR Doc No: 2011-32678]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0996; Directorate Identifier 2011-NM-068-AD;
Amendment 39-16899; AD 2011-26-09]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for all The
Boeing Company Model 737-600, -700, -700C, -800, -900, and -900ER
series airplanes. This AD was prompted by reports of excessive in-
service wear damage of the thumbnail fairing edge seal, and of the
panel rub strip and skin assembly of the fan cowl. This AD requires
replacement of the thumbnail fairing edge seals on both sides of the
engines with Nitronic 60 stainless steel alloy seals. We are issuing
this AD to prevent failure of the fire seal, which could allow a fire
in the fan compartment to spread beyond the firewall and reach the
flammable fluid leakage zones, resulting in an uncontrolled fire.

DATES: This AD is effective February 3, 2012.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of February 3,
2012.

ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone
(206) 544-5000, extension 1; fax<PHONE_NUMBER>; email
<EMAIL_ADDRESS>Internet https:[sol][sol]www.myboeingfleet.com.
You may review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601

Lind Avenue SW., Renton, Washington. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at
http:[sol][sol]www.regulations.gov; or in person at the Docket
Management Facility between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this AD, the regulatory
evaluation, any comments received, and other information. The address
for the Docket Office (phone:<PHONE_NUMBER>) is Document Management
Facility, U.S. Department of Transportation, Docket Operations, M-30,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Chris Parker, Aerospace Engineer,
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification Office
(ACO), 1601 Lind Avenue SW., Renton, Washington 98057-3356; phone:
(425) 917-6496; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on October 5, 2011 (76
FR 61643). That NPRM proposed to require replacement of the thumbnail
fairing edge seals on both sides of the engines with Nitronic 60
stainless steel alloy seals.

Comments

    We gave the public the opportunity to participate in developing
this AD. We have considered the comment received. Boeing supports the
NPRM (76 FR 61643, October 5, 2011).

Conclusion

    We reviewed the relevant data, considered the comment received, and
determined that air safety and the public interest require adopting the
AD as proposed.

Costs of Compliance

    We estimate that this AD affects 989 airplanes of U.S. registry. We
estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Replace thumbnail faring edge seals.  6 work-hours x $85 per           $2,032           $2,542       $2,514,038
                                       hour = $510.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

    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,
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2011-26-09: The Boeing Company: Amendment 39-16899; Docket No. FAA-
2011-0996; Directorate Identifier 2011-NM-068-AD.

(a) Effective Date

    This AD is effective February 3, 2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 737-600, -700, -
700C, -800, -900, and -900ER series airplanes, certificated in any
category, as identified in Boeing Special Attention Service Bulletin
737-54-1046, dated February 16, 2011.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 54: Nacelles/Pylons.

(e) Unsafe Condition

    This AD was prompted by reports of excessive in-service wear
damage of the thumbnail fairing edge seal, and of the panel rub
strip and skin assembly of the fan cowl. We are issuing this AD to
prevent failure of the fire seal, which could allow a fire in the
fan compartment to spread beyond the firewall and reach the
flammable fluid leakage zones, resulting in an uncontrolled fire.

(f) Compliance

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

(g) Replace the Thumbnail Fairing Edge Seals

    Within 60 months after the effective date of this AD, replace
the thumbnail fairing edge seals, on both the left side and the
right side of engine 1 and engine 2, with new Nitronic 60 stainless
steel alloy seals, in accordance

with the Accomplishment Instructions of Boeing Special Attention
Service Bulletin 737-54-1046, dated February 16, 2011.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO),
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 ACO, send it to the
attention of the person identified in the Related Information
section 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.

(i) Related Information

    For more information about this AD, contact Chris Parker,
Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle
Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton,
Washington 98057-3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
(j) Material Incorporated by Reference

    (1) You must use the following service information to do the
actions required by this AD, unless the AD specifies otherwise. The
Director of the Federal Register approved the incorporation by
reference (IBR) under 5 U.S.C. 552(a) and 1 CFR part 51 of the
following service information on the date specified:
    (i) Boeing Special Attention Service Bulletin 737-54-1046, dated
February 16, 2011.
    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P. O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone
(206) 544-5000, extension 1; fax<PHONE_NUMBER>; email
<EMAIL_ADDRESS>Internet https://www.myboeingfleet.com.
    (3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton,
Washington 98057-3356. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.
    (4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at an NARA facility, call<PHONE_NUMBER>, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html

    Issued in Renton, Washington, on December 13, 2011.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-32678 Filed 12-29-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 227 (Tuesday, November 30, 2021)]
[Notices]
[Pages 67947-67948]
[FR Doc No: 2021-25962]

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

[EPA-HQ-OAR-2021-0329; FRL-9314-01-OMS]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; Certification and Compliance Requirements
for Nonroad Spark-Ignition Engines (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) has submitted an
information collection request (ICR), Certification and Compliance
Requirements for Nonroad Spark-Ignition Engines (EPA ICR Number
1695.14, OMB Control Number 2060-0338), to the Office of Management and
Budget (OMB) for review and approval in accordance with the Paperwork
Reduction Act. This is a proposed extension of the Nonroad Spark-
Ignition Engines ICR, which is currently approved through January 31,
2022. Public comments were previously requested via the Federal
Register on June 2, 2021 during a 60-day comment period. This notice
allows for an additional 30 days for public comments. A fuller
description of the ICR is given below, including its estimated burden
and cost to the public. An agency may not conduct or sponsor and a
person is not required to respond to a collection of information unless
it displays a currently valid OMB control number.

DATES: Additional comments may be submitted on or December 30, 2021.

ADDRESSES: Submit your comments to EPA, referencing the Docket ID No.
EPA-HQ-OAR-2021-0329, online using www.regulations.gov (our preferred
method), or by mail to: EPA Docket Center, Environmental Protection
Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW, Washington, DC
20460.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.
    Submit written comments and recommendations to OMB for the proposed
information collection within 30 days of publication of this notice to
www.reginfo.gov/public/do/PRAMain. Find this particular information
collection by selecting ``Currently under 30-day Review--Open for
Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Julian Davis, Attorney Adviser,
Compliance Division, Office of Transportation and Air Quality, U.S.
Environmental Protection Agency, 2000 Traverwood, Ann Arbor, Michigan
48105; telephone number:<PHONE_NUMBER>; fax number<PHONE_NUMBER>; email
address: [email protected].

SUPPLEMENTARY INFORMATION: Supporting documents, which explain in
detail the information that the EPA will be collecting, will be
available in the public docket, EPA-HQ-OAR-2021-0329, for this ICR. The
docket can be viewed online at www.regulations.gov or in person at the
EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave. NW,
Washington, DC. The telephone number for the Docket Center is 202-566-
1744. For additional information about EPA's public docket, visit
http://www.epa.gov/dockets.
    Abstract: This information collection is requested under the
authority of Title II of the Clean Air Act (42 U.S.C. 7521 et seq.)
Under this Title, EPA is charged with issuing certificates of
conformity for those engines which comply with applicable emission
standards. Such a certificate must be issued before engines may be
legally introduced into commerce. To apply for a certificate of
conformity, manufacturers are required to submit descriptions of their
planned production line, including detailed descriptions of the
emission control system, and test data. This information is organized
by ``engine family'' groups expected to have similar emission
characteristics. The emission values achieved during certification
testing may also be used in the Averaging, Banking, and Trading (ABT)
Program. The program allows manufacturers to bank credits for engine
families that emit below the standard and use the credits for families
that emit above the standard. They may also trade banked credits with
other manufacturers. Participation in the ABT program is voluntary.
Different categories of spark-ignition engines may also be required to
comply with production-line testing (PLT) and in-use testing. All
manufacturers must comply with recordkeeping requirements for
certification and testing and follow the applicable labelling
provisions for production and introduction into U.S. commerce. All the
above information is collected electronically by the Gasoline Engine
Compliance Center (GECC), Compliance Division, Office of Transportation
and Air Quality (OTAQ), Office of Air and Radiation of the U.S.
Environmental Protection Agency.
    Form Numbers: 5900-450, 5900-451, 5900-452, 5900-90, 5900-133,
5900-131, 5900-453, 5900-454, 5900-455, 5900-134, 5900-456, 5900-457,
5900-458, 5900-459, 5900-92, 5900-91, 5900-130, 5900-93, 5900-93, 5900-
460, 5900-463, 5900-464, 5900-465, 5900-466, 5900-467.
    Respondents/affected entities: Respondents are manufacturers of
nonroad engines within the following North American Industry
Classification System (NAICS) code: 333618, 336312, 336999, 336991,
333112, 335312.
    Estimated number of respondents: 430 (total).
    Frequency of response: Yearly for certification, production, ABT,
and warranty reports.
    Total estimated burden: 738,603 hours. Burden is defined at 5 CFR
1320.3(b).
    Total estimated cost: $95,360,655 (per year), includes
$30,243,492.65 annualized capital or operation & maintenance costs.
    Changes in Estimates: This ICR incorporates Emissions Defect
Information Report (EDIR) and Voluntary Emissions Recall Report (VERR)
obligations within this ICR. The EDIR and VERR have been segregated
from 2060-0048 for nonroad spark-ignition engines and vehicles and
incorporated into our computations for reporting and notice purposes in
this ICR. Our previous computation and renewal request failed to
provide estimates of Defect, Recall, Evaporative Components, and
compliance testing, as differentiated from certification testing. In
addition, the California Air Resources Board has adopted a new fuel
standard for spark-ignition engines, that has taken affect.
Manufacturers must conduct new testing to satisfy the new fuel
requirement and durability demonstration, which has increased the
number of manufacturers that must conduct new testing at the time of
certification. These increases in testing, more detailed compliance
testing and reporting requirements, consolidation of additional
regulatory programs applicable to NRSI engines and vehicles, has
increased the burden now assessed to comply across all these

industries for these regulatory requirements.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2021-25962 Filed 11-29-21; 8:45 am]
BILLING CODE 6560-50-P