[Federal Register Volume 86, Number 166 (Tuesday, August 31, 2021)]
[Rules and Regulations]
[Pages 48496-48497]
[FR Doc No: 2021-18708]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2021-0159; Airspace Docket No. 21-ACE-6]
RIN 2120-AA66

Amendment of Class E Airspace; Scott City, KS

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends the Class E airspace extending upward from
700 feet above the surface at Scott City Municipal Airport, Scott City,
KS. This action is the result of an airspace review due to the
decommissioning of the Scott City non-directional beacon (NDB). The
geographical coordinates of the airport are also updated to coincide
with the FAA's aeronautical database.

DATES: Effective 0901 UTC, October 7, 2021. The Director of the Federal
Register approves this incorporation by reference action under 1 CFR
part 51, subject to the annual revision of FAA Order 7400.11 and
publication of conforming amendments.

ADDRESSES: FAA Order 7400.11E, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at https://

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 FAA Order 7400.11E at NARA, email
<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Rebecca Shelby, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; 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 the Class E airspace extending upward from 700 feet above
the surface at Scott City Municipal Airport, Scott City, KS, to support
instrument flight rule operations at this airport.

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (86 FR 20100; April 16, 2021) for Docket No. FAA-2021-0159 to
amend the Class E airspace extending upward from 700 feet above the
surface at Scott City Municipal Airport, Scott City, KS. 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 7400.11E, dated July 21, 2020, and effective September 15,
2020, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designations 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 7400.11E, Airspace Designations and
Reporting Points, dated July 21, 2020, and effective September 15,
2020. FAA Order 7400.11E is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11E lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This amendment to 14 CFR part 71 amends the Class E airspace
extending upward from 700 feet above the surface within a 6.5-mile
(decreased from 6.9-mile) radius of Scott City Municipal Airport, Scott
City, KS, and updates geographical coordinates of the airport to
coincide with the FAA's aeronautical database.
    This action is the result of an airspace review due to the
decommissioning of the Scott City NDB which provided navigation
information for the instrument procedures at this airport.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

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, does 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 5-6.5.a. 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 7400.11E,
Airspace Designations and Reporting Points, dated July 21, 2020, and
effective September 15, 2020, is amended as follows:

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

* * * * *

ACE KS E5 Scott City, KS [Amended]

Scott City Municipal Airport, KS
    (Lat. 38[deg]28'30'' N, long. 100[deg]53'04'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of Scott City Municipal Airport.

    Issued in Fort Worth, Texas, on August 25, 2021.
Martin A. Skinner,
Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2021-18708 Filed 8-30-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 207 (Wednesday, October 26, 2016)]
[Notices]
[Pages 74425-74426]
[FR Doc No: 2016-25839]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14728-001]

Pyramid Lake Paiute Tribe; Notice of Intent To File License
Application, Filing of Pre-Application Document, Approving Use of the
Traditional Licensing Process

    a. Type of Filing: Notice of Intent to a File License Application
and Request to Use the Traditional Licensing Process.
    b. Project No.: 14728-001.
    c. Date Filed: August 29, 2016.
    d. Submitted By: Pyramid Lake Paiute Tribe.

    e. Name of Project: Boca Hydroelectric Project.
    f. Location: The project would be constructed at the existing Boca
Dam owned and operated by the U.S. Bureau of Reclamation in Nevada
County, California. The project would occupy approximately 3.36 acres
of federal land administered by the U.S. Forest Service, Tahoe National
Forest.
    g. Filed Pursuant to: 18 CFR 5.3 of the Commission's regulations.
    h. Potential Applicant Contact: Donna Noel, Director of Natural
Resources, Pyramid Lake Paiute Tribe, P.O. Box 256, Nixon, Nevada
89424;<PHONE_NUMBER><EMAIL_ADDRESS>    i. FERC Contact: Kyle Olcott at<PHONE_NUMBER>; or email at
<EMAIL_ADDRESS>    j. The Pyramid Lake Paiute Tribe filed its request to use the
Traditional Licensing Process on August 29, 2016. The Pyramid Lake
Paiute Tribe provided public notice of its request on August 26, 2016.
In a letter dated October 20, 2016, the Director of the Division of
Hydropower Licensing approved the Pyramid Lake Paiute Tribe's request
to use the Traditional Licensing Process.
    k. With this notice, we are initiating informal consultation with
the U.S. Fish and Wildlife Service and NOAA Fisheries under section 7
of the Endangered Species Act and the joint agency regulations
thereunder at 50 CFR, Part 402; and NOAA Fisheries under section 305(b)
of the Magnuson-Stevens Fishery Conservation and Management Act and
implementing regulations at 50 CFR 600.920. We are also initiating
consultation with the California State Historic Preservation Officer,
as required by section 106, National Historic Preservation Act, and the
implementing regulations of the Advisory Council on Historic
Preservation at 36 CFR 800.2.
    l. With this notice, we are designating the Pyramid Lake Paiute
Tribe as the Commission's non-federal representative for carrying out
informal consultation pursuant to section 7 of the Endangered Species
Act and section 305(b) of the Magnuson-Stevens Fishery Conservation and
Management Act; and consultation pursuant to section 106 of the
National Historic Preservation Act.
    m. The Pyramid Lake Paiute Tribe filed a Pre-Application Document
(PAD; including a proposed process plan and schedule) with the
Commission, pursuant to 18 CFR 5.6 of the Commission's regulations.
    n. A copy of the PAD is available for review at the Commission in
the Public Reference Room or may be viewed on the Commission's Web site
(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. For assistance, contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). A copy is also available for inspection and reproduction at
the address in paragraph h.
    o. Register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filing and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.

    Dated: October 20, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-25839 Filed 10-25-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 30 (Tuesday, February 14, 2012)]
[Notices]
[Page 8272]
[FR Doc No: 2012-3444]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2011-0024; OMB No. 1660-0087]

Agency Information Collection Activities: Submission for OMB
Review; Comment Request, PrepCAST.

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: The Federal Emergency Management Agency (FEMA) will submit the
information collection abstracted below to the Office of Management and
Budget for review and clearance in accordance with the requirements of
the Paperwork Reduction Act of 1995. The submission will describe the
nature of the information collection, the categories of respondents,
the estimated burden (i.e., the time, effort and resources used by
respondents to respond) and cost, and the actual data collection
instruments FEMA will use.

DATES: Comments must be submitted on or before March 15, 2012.

ADDRESSES: 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 Desk
Officer for the Department of Homeland Security, Federal Emergency
Management Agency, and sent via electronic mail to
<EMAIL_ADDRESS>or faxed to<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or
copies of the information collection should be made to Director,
Records Management Division, 1800 South Bell Street, Arlington, VA
20598-3005, facsimile number<PHONE_NUMBER>, or email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Collection of Information

    Title: PrepCAST.
    Type of information collection: Revision of a currently approved
information collection.
    OMB Number: 1660-0087.
    Form Titles and Numbers: None.
    Abstract: PrepCAST is a collection instrument that will collect
preparedness information at the State, Local and Tribal jurisdiction
level. It also collects National Incident Management System (NIMS)
compliance information. It is used to eliminate the redundant data
calls on National preparedness to reduce the burden on respondents.
This system will provide insight into the overall preparedness level of
the Nation.
    Affected Public: State, Local or Tribal Government.
    Estimated Number of Respondents: 56.
    Frequency of Response: Annually.
    Estimated Average Hour Burden per Respondent: 5 hours.
    Estimated Total Annual Burden Hours: 19,630.
    Estimated Cost: There is an annual reporting and recordkeeping cost
associated with this collection.

John G. Jenkins, Jr.,
Director, Records Management Division, Mission Support Bureau, Federal
Emergency Management Agency, Department of Homeland Security.
[FR Doc. 2012-3444 Filed 2-13-12; 8:45 am]
BILLING CODE 9111-46-P


[Federal Register Volume 77, Number 21 (Wednesday, February 1, 2012)]
[Notices]
[Page 5008]
[FR Doc No: 2012-2114]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER12-791-001]

Palmco Power IL, LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Palmco Power IL, LLC's application for market-based rate authority,
with an accompanying rate tariff, noting that such application 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 February 14, 2012.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive email notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please email<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: January 25, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-2114 Filed 1-31-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: September 10, 2008 (Volume 73, Number 176)]
[Notices]
[Page 52711-52717]
[DOCID:fr10se08-75]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58457; File No. SR-NYSEArca-2008-91]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Order Granting Accelerated Approval of Proposed Rule Change
Regarding the Listing of Fourteen Funds of the Commodities and Currency
Trust

September 3, 2008.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Exchange Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is
hereby given that, on August 21, 2008, NYSE Arca, Inc. (``NYSE Arca''
or ``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange. The
Commission is publishing this notice and order to solicit comments on
the proposed rule change from interested persons and to approve the
proposed rule change on an accelerated basis.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange, through its wholly-owned subsidiary NYSE Arca
Equities, Inc. (``NYSE Arca Equities''), proposes to list and trade
shares (``Shares'') of fourteen (14) funds (``Funds'') of the
Commodities and Currency Trust (``Trust'') based on several currencies,
commodities and commodities indexes.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of these statements may be examined at
the places specified in Item III below. The Exchange has prepared
summaries, set forth in sections A, B, and C below,

of the most significant parts of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to list and trade Shares of the Funds
pursuant to NYSE Arca Equities Rule 8.200, Commentary .02, which
permits the trading of Trust Issued Receipts (``TIRs'') either by
listing or pursuant to unlisted trading privileges (``UTP''). The
Shares have been approved by the Commission for listing on the American
Stock Exchange LLC (``Amex'') \3\ and for trading on the Exchange
pursuant to UTP.\4\ The issuer of the Shares has determined to list the
Shares on the Exchange. The Exchange represents that the Shares satisfy
the requirements of NYSE Arca Equities Rule 8.200 and thereby qualify
for listing on the Exchange.
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    \3\ See Securities Exchange Act Release No. 58161 (July 15,
2008), 73 FR 42380 [sic] (July 21, 2008) (SR-Amex-2008-39). Notice
of the Amex proposed rule change was published in Securities
Exchange Act Release No. 57932 (June 5, 2008), 73 FR 33467 (June 12,
2008) (``Amex Proposal'').
    \4\ See Securities Exchange Act Release No. 58162 (July 15,
2008), 73 FR 42391 (July 21, 2008) (SR-NYSEArca-2008-73).
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    Shares of each Fund will be generally subject to the rules that
apply to TIRs. The Shares represent common units of fractional
undivided beneficial interest in, and ownership of, each Fund. Each
Fund will invest the proceeds of its offering of Shares in various
Financial Instruments \5\ that will provide exposure to the Fund's
underlying currency, commodity or commodity index. In addition, the
Funds will also maintain cash positions in cash or money market
instruments for the purpose of collateralizing such positions taken in
the Financial Instruments.
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    \5\ Commentary .02(b)(4) to NYSE Arca Equities Rule 8.200
defines ``Financial Instruments'' as any combination of cash,
securities, options on securities and indices, futures contracts,
options on futures contracts, forward contracts, equity caps,
collars and floors and swap agreements.
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    Shares of seven (7) of the Funds of the Trust will be designated as
Ultra ProShares while the other seven (7) Funds of the Trust will be
designated as UltraShort ProShares. Each of the Funds will have a
distinct investment objective.\6\ The Funds will attempt, on a daily
basis, to achieve their investment objective by corresponding to a
specified multiple or an inverse multiple of the performance of a
particular benchmark commodities index, commodity or currency (each an
``Underlying Benchmark'' and collectively, the ``Underlying
Benchmarks'').
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    \6\ The Funds are the Ultra DJ-AIG Commodity ProShares,
UltraShort DJ-AIG Commodity ProShares, Ultra DJ-AIG Agriculture
ProShares, UltraShort DJ-AIG Agriculture ProShares, Ultra DJ-AIG
Crude Oil ProShares, UltraShort DJAIG Crude Oil ProShares, Ultra
Gold ProShares, UltraShort Gold ProShares, Ultra Silver ProShares,
UltraShort Silver ProShares, Ultra Euro ProShares, UltraShort Euro
ProShares, Ultra Yen ProShares and UltraShort Yen ProShares.
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    Six (6) Funds will be based on the following benchmark commodities
indexes: (i) The Dow Jones-AIG Commodity Index\SM\; (ii) the Dow Jones-
AIG Crude Oil Sub-Index\SM\; and (iii) the Dow Jones-AIG Agriculture
Sub-Index\SM\ (each, an ``Underlying Index'' and collectively, the
``Underlying Indexes''). Four (4) Funds will be based on the following
commodities: (i) Gold; and (ii) silver (each, an ``Underlying
Commodity'' and collectively, the ``Underlying Commodities''). Four (4)
Funds will be based on the following benchmark currencies versus the
U.S. dollar: (1) The Euro; and (2) the Japanese Yen (each, an
``Underlying Currency'' and collectively, the ``Underlying
Currencies''). The Exchange proposes to list and trade Shares of the
Funds that seek daily investment results, before fees and expenses,
that correspond to twice (200%) the daily performance of the Underlying
Benchmark (the ``Ultra Funds''). If a Fund is successful in meeting its
investment objective, the net asset value (``NAV'') \7\ of the Shares
of each Fund is expected to gain on a percentage basis, approximately
twice as much as each Fund's respective Underlying Benchmark when the
price of the Underlying Benchmark increases on a given day, and should
lose approximately twice as much when such price declines on a given
day, before fees and expenses.
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    \7\ ``Net asset value'' means the total assets of a Fund
including, but not limited to, all cash and cash equivalents or
other debt securities less total liabilities of such Fund, each
determined on the basis of generally accepted accounting principles
in the United States, consistently applied under the accrual method
of accounting. In particular, net asset value includes any
unrealized profit or loss on open swaps and futures contracts, and
any other credit or debit accruing to a Fund but unpaid or not
received by a Fund.
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    The Exchange also proposes to list and trade Shares of the Funds
that seek daily investment results, before fees and expenses that
correspond to twice the inverse (-200%) of the daily performance of the
Underlying Benchmark (the ``UltraShort Funds''). If each Fund is
successful in meeting its objective, the NAV of the Shares of each Fund
is expected to increase approximately twice as much, on a percentage
basis, as the respective Underlying Benchmark loses on a given day, or
should decrease approximately twice as much as the respective
Underlying Benchmark gains when the Underlying Benchmark rises on a
given day, before fees and expenses. The Exchange notes that the
Commission has permitted the listing and trading on the Exchange and
other national securities exchanges of securities linked to the
performance of underlying currencies and commodities.\8\ The

Commission also has approved for trading on the Exchange on a UTP basis
under NYSE Arca Equities Rule 5.2(j)(3) UltraFunds, Short Funds and
UltraShort Funds of the ProShares Trust.\9\
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    \8\ The Commission has previously approved issues of Commodity-
Based Trust Shares, Currency Trust Shares and Commodity Index Trust
Shares, which have certain characteristics similar to the proposed
TIRs, for exchange listing and trading. See, e.g., Securities
Exchange Act Release No. 50603 (October 28, 2004), 69 FR 64614
(November 5, 2004) (SR-NYSE-2004-22) (order approving listing on the
New York Stock Exchange (``NYSE'') of streetTRACKS Gold Trust);
Securities Exchange Act Release No. 51058 (January 19, 2005), 70 FR
3749 (January 26, 2005) (SR-Amex-2004-38) (order approving listing
on the American Stock Exchange (``Amex'') of the iShares COMEX Gold
Trust); Securities Exchange Act Release No. 53521 (March 20, 2006),
71 FR 14967 (March 24, 2006) (SR-Amex-2005-72) (order approving
listing on Amex of the iShares Silver Trust); Securities Exchange
Act Release No. 56041 (July 11, 2007), 72 FR 39114 (July 17, 2007)
(SR-NYSEArca-2007-43) (order granting accelerated approval to list
on NYSE Arca the iShares COMEX Gold Trust); Securities Exchange Act
Release No. 52843 (November 28, 2005), 70 FR 72486 (December 5,
2005) (SR-NYSE 2005-65) (order granting accelerated approval for
NYSE to list and trade shares of the CurrencyShares Euro Trust);
Securities Exchange Act Release No. 54020 (June 20, 2006), 71 FR
36579 (June 27, 2006) (SR-NYSE-2006-35) (order granting accelerated
approval for NYSE to list and trade shares of the CurrencyShares
Australian Dollar Trust, CurrencyShares British Pound Sterling
Trust, CurrencyShares Canadian Dollar Trust, CurrencyShares Mexican
Peso Trust, CurrencyShares Swedish Krona Trust and CurrencyShares
Swiss Franc Trust); Securities Exchange Act Release No. 55268
(February 9, 2007), 72 FR 7793 (February 20, 2007) (SR-NYSE-2007-03)
(order granting accelerated approval for NYSE to list and trade
shares of the CurrencyShares Japanese Yen Trust); Securities
Exchange Act Release No. 56131 (July 25, 2007), 72 FR 42212 (August
1, 2007) (SR-NYSEArca-2007-57) (order granting accelerated approval
for listing on NYSE Arca of CurrencyShares Trusts); Securities
Exchange Act Release No. 54013 (June 16, 2006), 71 FR 36372 (June
26, 2006) (SR-NYSE-2006-17) (approving listing on the NYSE of the
iShares GSCI Trust); Securities Exchange Act Release No. 55585
(April 5, 2007), 72 FR 18500 (April 12, 2007) (SR-NYSE-2006-75)
(approving for NYSE listing the iShares GS Commodity Light Energy
Indexed Trust; iShares GS Commodity Industrial Metals Indexed Trust;
iShares GS Commodity Livestock Indexed Trust and iShares GS
Commodity Non-Energy Indexed Trust); Securities Exchange Act Release
No. 56932 (December 7, 2007), 72 FR 71178 (December 14, 2007) (SR-
NYSEArca-2007-112) (order granting accelerated approval to list
iShares S&P GSCI Commodity-Indexed Trust); Securities Exchange Act
Release No. 57456 (March 7, 2008), 73 FR 13599 (March 13, 2008) (SR-
NYSEArca-2007-91) (order granting accelerated approval for NYSE Arca
listing the iShares S&P GSCI Energy Commodity-Indexed Trust; iShares
S&P GSCI Natural Gas Commodity-Indexed Trust; iShares S&P GSCI
Industrial Metals Commodity-Indexed Trust; iShares S&P GSCI Light
Energy Commodity-Indexed Trust; iShares S&P GSCI Livestock
Commodity-Indexed Trust; and iShares S&P GSCI Non-Energy Commodity-
Indexed Trust).
    \9\ See Securities Exchange Act Release No. 55125 (January 18,
2007), 72 FR 3462 (January 25, 2007) (SR-NYSEArca-2006-87);
Securities Exchange Act Release No. 57017 (December 20, 2007), 72 FR
73955 (December 28, 2007) (SR-NYSEArca-2007-108).
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    A description of each of the Underlying Indexes, commodities
Underlying Benchmarks and currency Underlying Benchmarks is set forth
in the Amex Proposal.\10\ In addition, information regarding the
structure and investment objective of the Funds, the portfolio
investment methodology, investment techniques, and creation and
redemption of Shares is provided in the respective Registration
Statements and in the Amex Proposal.
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    \10\ See note 3, supra.
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    Net Asset Value (NAV). The NAV of a Fund is total assets including,
but not limited to, all cash and cash equivalents or other debt
securities, less total liabilities, each determined on the basis of
generally accepted accounting principles. In particular, the NAV
includes any unrealized profit or loss on open Financial Instruments
and any other credit or debit accruing to a Fund, but unpaid or not
received.
    The NAV per Share of each Fund is computed by dividing the value of
the net assets of such Fund (i.e., the value of its total assets, less
total liabilities) by its total number of Shares outstanding. Expenses
and fees are accrued daily and taken into account for purposes of
determining NAV. The NAV of each Fund is calculated by the
Administrator and is determined each business day as described further
in the Amex Proposal.
    The Exchange represents that it will obtain a representation (prior
to listing the Shares of the Funds) from the Trust that the NAV per
Share will be calculated daily and made available to all market
participants at the same time.

Availability of Information Regarding the Shares

    The Web sites for the Funds and/or the Exchange, which are publicly
accessible at no charge, will contain the following information: (a)
The current NAV per Share daily and the prior business day's NAV per
Share and the reported closing price; (b) the mid-point of the bid-ask
price in relation to the NAV per Share as of the time it is calculated
(the ``Bid-Asked Price''); (c) calculation of the premium or discount
of such price against the NAV per Share; (d) data in chart form
displaying the frequency distribution of discounts and premiums of the
Bid-Ask Price against the NAV per Share, within appropriate ranges for
each of the four (4) previous calendar quarters; (e) the Prospectus;
and (f) other applicable quantitative information.
    The NAV per Share will be calculated and disseminated daily. The
Exchange will disseminate for the Funds on a daily basis by means of
CTA/CQ High Speed Lines information with respect to the corresponding
``Indicative Value'' (as discussed below), recent NAV per Share and
Shares outstanding. The Exchange will also make available on its Web
site (http://www.nyse.com) daily trading volume of the Shares, closing
prices of the Shares, and the NAV per Share. The closing price and
settlement prices of the futures contracts held by the Funds are also
readily available from the Chicago Mercantile Exchange (``CME''), New
York Mercantile Exchange (``NYMEX''), Chicago Board of Trade
(``CBOT''), Intercontinental Exchange/New York Board of Trade (``ICE/
NYBOT''), London Metal Exchange (``LME''), automated quotation systems,
published or other public sources, or on-line information services such
as Bloomberg or Reuters. Real-time dissemination of spot pricing for
gold, silver, euro and Japanese yen is available on a 24-hour basis
worldwide from various major market data vendors.

Portfolio Disclosure

    Each Fund's total portfolio composition will be disclosed on the
Web site of the Trust (http://www.proshares.com) or another relevant
Web site as determined by the Trust and/or the Exchange. The Trust will
provide Web site disclosure of portfolio holdings daily and will
include, as applicable, the names and number of Financial Instruments
and characteristics of such instruments, cash equivalents and amount of
cash held in the portfolio of each Fund. This public Web site
disclosure of the portfolio composition of each Fund will occur at the
same time as the disclosure by the Managing Owner of the portfolio
composition to Authorized Participants, so that all market participants
are provided portfolio composition information at the same time.
Therefore, the same portfolio information will be provided on the
public Web site as well as in electronic files provided to Authorized
Participants. Accordingly, each investor will have access to the
current portfolio composition of each Fund through the Trust's Web
site, at http://www.proshares.com, and/or at the Exchange's Web site.

Availability of Information About the Underlying Benchmarks

    The daily closing index value and the percentage change in the
daily closing index value for each Underlying Index will be publicly
available on various Web sites, e.g., http://www.ino.com and http://
www.finance.yahoo.com. Data regarding each Underlying Index is also
available from the respective index provider to subscribers. In
addition, data is available regarding the underlying component
commodities of each Underlying Index from those futures exchanges that
list and trade futures contracts on those commodities. Several
independent data vendors also package and disseminate index data in
various value-added formats (including vendors displaying both index
constituents and index levels and vendors displaying index levels
only).
    Data regarding spot pricing of the Underlying Commodities (gold and
silver) is publicly available on a 24-hour basis from various financial
information service providers, such as Reuters and Bloomberg. In
addition, the daily London fix for gold and silver is also disseminated
by various market data vendors and is available from the London Bullion
Market Association (``LBMA'') Web site at http://www.lbma.org.uk.
    Data regarding futures contracts and options on futures contracts
in connection with the Underlying Commodities is also available from
the NYMEX at http://nymex.com. There is considerable public price and
data information regarding the Underlying Currencies (euro and Japanese
yen). Spot pricing related to foreign exchange is available to
investors and market professionals on a 24-hour basis. A variety of
public Web sites and professional and subscription services provide
market and price information regarding the euro and the yen. Current
spot prices are also generally available from foreign exchange dealers.
    The value of each Underlying Benchmark will be updated intra-day on
a real time basis as its components change in price. The daily closing
index value and the percentage change in the daily closing index value
for each Underlying Index will be publicly available on various Web
sites, such as http://www.ino.com and http://www.finance.yahoo.com.
Data regarding each Underlying Index is also available from the
respective index provider to subscribers. In addition, data is also
available regarding the underlying component commodities of each

Underlying Index from those futures exchanges that list and trade
futures contracts on those commodities. Several independent data
vendors also package and disseminate index data in various value-added
formats (including vendors displaying both index constituents and index
levels and vendors displaying index levels only).
    Data regarding spot pricing of the Underlying Benchmark commodities
(gold and silver) is publicly available on a 24-hour basis from various
financial information service providers, such as Reuters and Bloomberg.
In addition, the daily London fix for gold and silver is also
disseminated by various market data vendors and is available from the
LBMA Web site at http://www.lbma.org.uk. Data regarding futures
contracts and options on futures contracts in connection with the
Underlying Benchmark commodities is also available from NYMEX at http:/
/www.nymex.com.
    There is considerable public price and data information regarding
the Underlying Benchmark currencies (euro and Japanese yen). Spot
pricing related to the foreign currency exchange is available to
investors and market professionals on a 24-hour basis. A variety of
public Web sites and professional and subscription services provide
market and price information regarding the euro and the yen. Current
spot prices are also generally available from foreign exchange dealers.

Dissemination of Net Asset Value and Indicative Value

    The Administrator calculates and disseminates, once each trading
day, the NAV per Share to market participants. The Exchange will obtain
a representation (prior to listing of the Funds) from the Trust that
the NAV per Share will be calculated daily and made available to all
market participants at the same time. In addition, the Administrator
causes to be made available on a daily basis the corresponding Cash
Deposit Amounts to be deposited in connection with the issuance of the
respective Shares.
    In order to provide updated information relating to the Fund for
use by investors, professionals and persons wishing to create or redeem
the Shares, the Exchange will disseminate an updated Indicative Value.
The Indicative Value will be disseminated on a per-Share basis at least
every 15 seconds during Exchange Core Trading Session trading hours of
9:30 a.m. to 4 p.m. ET. The Indicative Value will be calculated based
on the cash required for creations and redemptions for a Fund adjusted
to reflect the price changes of the Financial Instruments.
    Criteria for Initial and Continued Listing. The Funds will be
subject to the criteria in NYSE Arca Equity Rule 8.200(d) and
Commentary .02(d) to Rule 8.200 for initial and continued listing of
the Shares. The Funds will accept subscriptions for Shares in Creation
Units from Authorized Participants expected to be in a range from $20
to $70 per Share during an initial offering period, commencing with the
initial effective date of the prospectus and terminating no later than
the ninetieth (90) day following such date, unless (i) the subscription
minimum is reached before that date and the Managing Owner determines
to end the initial offering period early or (ii) that date is extended
by the Managing Owner for up to an additional 90 days.
    The anticipated minimum number of Shares for each Fund to be
outstanding at the start of trading will be 50,000 Shares. The Exchange
believes that this anticipated minimum number of Shares for each Fund
to be outstanding at the start of trading is sufficient to provide
adequate market liquidity and to further the objectives of the Funds.
The Exchange represents that, for the initial and continued listing of
the Shares, the Shares must be in compliance with NYSE Arca Equities
Rule 5.3 and Rule 10A-3 under the Exchange Act.

Trading Rules

    The Exchange deems the Shares to be equity securities, thus
rendering trading in the Shares subject to the Exchange's existing
rules governing the trading of equity securities. Trading in the Shares
on the Exchange will occur in accordance with NYSE Arca Equities Rule
7.34(a). The Exchange has appropriate rules to facilitate transactions
in the Shares during this time. The minimum trading increment for
Shares on the Exchange will be $0.01.
    Further, NYSE Arca Equities Rules 8.200, Commentary .02 sets forth
certain restrictions on equity trading permit holders (``ETP Holders'')
acting as registered Market Makers in Trust Issued Receipts to
facilitate surveillance. Rule 8.200, Commentary .02(e)(3) requires that
the ETP Holder acting as a registered Market Maker in the Shares
provide the Exchange with information relating to its trading in the
applicable physical asset or commodity, related futures or options on
futures, or any other related derivatives as may be requested. NYSE
Arca Equities Rule 8.200, Commentary .02(e)(4) prohibits the ETP Holder
acting as a registered Market Maker in the Shares from using any
material nonpublic information received from any person associated with
an ETP Holder or employee of such person regarding trading by such
person or employee in the applicable underlying physical asset or
commodity, related futures or options on futures, or any other related
derivative (including the TIRs). In addition, NYSE Arca Equities Rule
8.200, Commentary .02(e)(1) prohibits the ETP Holder acting as a
registered Market Maker in the Shares from being affiliated with a
market maker in the applicable physical asset or commodity, related
futures or any other related derivatives unless adequate information
barriers are in place, as provided in NYSE Arca Equities Rule 7.26.
    As a general matter, the Exchange has regulatory jurisdiction over
its ETP Holders and any person or entity controlling an ETP Holder. The
Exchange also has regulatory jurisdiction over a subsidiary or
affiliate of an ETP Holder that is in the securities business. A
subsidiary or affiliate of an ETP Holder that does business only in
commodities or futures contracts would not be subject to Exchange
jurisdiction, but the Exchange could obtain certain information
regarding the activities of such subsidiary or affiliate through
surveillance sharing agreements with regulatory organizations of which
such subsidiary or affiliate is a member.

Surveillance

    The Exchange intends to utilize its existing surveillance
procedures applicable to derivative products, including TIRs, to
monitor trading in the Shares. 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.
    The Exchange's current trading surveillances focus on detecting
securities trading outside their normal patterns. When such situations
are detected, surveillance analysis follows and investigations are
opened, where appropriate, to review the behavior of all relevant
parties for all relevant trading violations. The Exchange is able to
obtain information regarding trading in the Shares, and certain of the
Financial Instruments held by TIRs including securities, options on
securities and indices, commodities, futures contracts, and options on
futures contracts, through ETP Holders, in connection with such ETP
Holders' proprietary or customer trades which they effect on any
relevant market. The Exchange currently has in place

comprehensive surveillance sharing agreements with ICE, LME and NYMEX
for the purpose of providing information in connection with trading in
or related to futures contracts traded on their respective exchanges
comprising the Underlying Benchmarks. The Exchange also notes that
CBOT, CME and NYBOT are members of the Intermarket Surveillance Group
(``ISG'').

Information Bulletin

    Prior to the commencement of trading, the Exchange will inform its
ETP Holders in an Information Bulletin of the special characteristics
and risks associated with trading the Shares, including risks inherent
with trading the Shares during the Opening and Late Trading Sessions
when the updated Indicative Value is not calculated and disseminated
and suitability recommendation requirements.
    Specifically, the Information Bulletin will discuss the following:
(1) The procedures for purchases and redemptions of Shares in Baskets;
(2) NYSE Arca Equities Rule 9.2(a),\11\ 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; (3) how information
regarding the Indicative Value is disseminated; (4) 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 (5) trading information. For example, the Information
Bulletin will advise ETP Holders, prior to the commencement of trading,
of the prospectus delivery requirements applicable to the Trust. The
Exchange notes that investors purchasing Shares directly from the Funds
(by delivery of the Basket Amount) will receive a prospectus. ETP
Holders purchasing Shares from the Trust for resale to investors will
deliver a prospectus to such investors.
---------------------------------------------------------------------------

    \11\ NYSE Arca Equities Rule 9.2(a) (``Diligence as to
Accounts'') provides that an ETP Holder, before recommending a
transaction, must have reasonable grounds to believe that the
recommendation is suitable for the customer based on any facts
disclosed by the customer as to his other security holdings and as
to his financial situation and needs. Further, the proposed rule
amendment provides, with a limited exception, that prior to the
execution of a transaction recommended to a non-institutional
customer, the ETP Holder shall make reasonable efforts to obtain
information concerning the customer's financial status, tax status,
investment objectives, and any other information that the ETP Holder
believes would be useful to make a recommendation. See Securities
Exchange Act Release No. 54045 (June 26, 2006), 71 FR 37971 (July 3,
2006) (SR-PCX-2005-115).
---------------------------------------------------------------------------

    In addition, the Information Bulletin will reference that the Trust
is subject to various fees and expenses described in each Fund's
Registration Statement. The Information Bulletin will also reference
the fact that there is no regulated source of last sale information
regarding physical commodities, that the Commission has no jurisdiction
over the trading of physical commodities or the futures contracts on
which the value of the Shares is based.

Trading Halts

    The Exchange will halt trading if it becomes aware that a Fund's
NAV or disclosure of the portfolio composition is not being
disseminated or has not been disseminated to all market participants at
the same time.\12\ In addition, the Exchange will halt trading in the
Shares if the value of an Underlying Benchmark is no longer calculated
or available on at least a 15-second basis through one or more major
market data vendors during the time the Shares trade on the Exchange or
if an Indicative Fund Value [sic] per Share updated every 15 seconds is
no longer calculated or available.\13\
---------------------------------------------------------------------------

    \12\ Pursuant to NYSE Arca Equities Rule 7.34(a)(5), if the
Exchange becomes aware that the NAV is not being disseminated to all
market participants at the same time, it will halt trading in the
Shares until such time as the NAV is available to all market
participants.
    \13\ See NYSE Arca Equities Rule 7.12, Commentary .04. If the
value of the Underlying Benchmark or the Indicative Fund Value [sic]
is not being disseminated on at least a 15-second basis during the
hours the Shares trade on the Exchange, the Exchange may halt
trading during the day in which the interruption to the
dissemination of the value of the Underlying Benchmark or the
Indicative Fund Value [sic] occurs. If the interruption to the
dissemination the value of the Underlying Benchmark or the
Indicative Fund Value [sic] persists past the trading day in which
it occurred, the Exchange will halt trading no later than the
beginning of the trading day following the interruption.
---------------------------------------------------------------------------

    With respect to trading halts, the Exchange may consider all
relevant factors in exercising its discretion to halt or suspend
trading in the Shares. Trading may be halted because of market
conditions or for reasons that, in the view of the Exchange, make
trading in the Shares inadvisable. These may include: (1) The extent to
which trading is not occurring in the underlying securities; or (2)
whether other unusual conditions or circumstances detrimental to the
maintenance of a fair and orderly market are present.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) \14\ of
the Exchange Act in general and furthers the objectives of Section
6(b)(5) \15\ in particular in that it is designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in regulating, clearing, settling, processing
information with respect to, and facilitating transaction in
securities, and, in general to protect investors and the public
interest. The Exchange believes that the proposal will facilitate the
listing and trading of additional types of commodity and currency-based
investments that will enhance competition among market participants, to
the benefit of investors and the marketplace.
---------------------------------------------------------------------------

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

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Exchange Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants or Others

    No written comments were solicited or received with respect to the
proposed rule change.

III. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Exchange 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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2008-91 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-2008-91. This
file number should be included on the subject line if e-mail 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 inspection and copying in the
Commission's Public Reference Room, 100 F Street, NE., Washington, DC
20549, on official business days between the hours of 10 a.m. and 3
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-2008-91 and should be submitted
on or before October 1, 2008.

IV. Commission's Findings and Order Granting Accelerated Approval of
the Proposed Rule Change

    After careful consideration, the Commission finds that the proposed
rule change is consistent with the requirements of the Exchange Act and
the rules and regulations thereunder applicable to a national
securities exchange.\16\ In particular, the Commission believes that
the proposal is consistent with Section 6(b)(5) of the Exchange
Act,\17\ which requires, among other things, that the rules of a
national securities exchange 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. The Commission notes that
it has permitted the listing and trading of TIRs and other exchange-
traded fund-like products linked to the performance of underlying
currencies and commodities.\18\ The Commission further notes that the
shares of other UltraFunds and UltraShort Funds based on various
securities indexes have previously been approved by the Commission.\19\
---------------------------------------------------------------------------

    \16\ In approving this rule change, the Commission notes that it
has considered the proposed rule's impact on efficiency,
competition, and capital formation. See 15 U.S.C. 78c(f).
    \17\ 15 U.S.C. 78f(b)(5).
    \18\ See, e.g., Securities Exchange Act Release Nos. 55268
(February 9, 2007), 72 FR 7793 (February 20, 2007) (SR-NYSE-2007-03)
(approving the listing and trading of shares of the CurrencyShares
Japanese Yen Trust); 54020 (June 20, 2006), 71 FR 36579 (June 27,
2006) (SR-NYSE-2006-35) (approving the listing and trading of shares
of six CurrencyShares Trusts); and 52843 (November 28, 2005), 70 FR
72486 (December 5, 2005) (SR-NYSE-2005-65) (approving the listing
and trading of shares of the Euro Currency Trust, n/k/a the
CurrencyShares Euro Trust). See also, e.g., Securities Exchange Act
Release Nos. 56969 (December 14, 2007), 72 FR 72424 (December 20,
2007) (SR-Amex-2007-53) (approving the listing and trading of the
GreenHaven Continuous Commodity Index Fund); 55632 (April 13, 2007),
72 FR 19987 (April 20, 2007) (SR-Amex-2006-112) (approving the
listing and trading of the United States Natural Gas Fund, LP);
55292 (February 14, 2007), 72 FR 8406 (February 26, 2007) (SR-Amex
2006-86) (approving the listing and trading of the PowerShares DB
U.S. Dollar Index Bullish Fund and the PowerShares DB U.S. Dollar
Index Bearish Fund); 55029 (December 29, 2006), 72 FR 806 (January
8, 2007) (SR-Amex 2006-76) (approving the listing and trading of the
DB Multi-Sector Commodity Trust); 54450 (September 14, 2006), 71 FR
55230 (September 21, 2006) (SR-Amex 2006-44) (approving the listing
and trading of the DB Currency Index Value Fund); 53582 (March 31,
2006), 71 FR 17510 (April 6, 2006) (SR-Amex 2005-127) (approving the
listing and trading of the United States Oil Fund, LP); 53521 (March
20, 2006), 71 FR 14967 (March 24, 2006) (SR-Amex 2005-072)
(approving the listing and trading of the iShares Silver Trust);
53105 (January 11, 2006), 71 FR 3129 (January 19, 2006) (SR-Amex
2005-059) (approving the listing and trading of the DB Commodity
Index Tracking Fund); 53059 (January 5, 2006), 71 FR 2072 (January
12, 2006) (SR-Amex 2005-128) (approving the trading of the Euro
Currency Trust pursuant to UTP); 51058 (January 19, 2005), 70 FR
3749 (January 26, 2005) (SR-Amex 2004-38) (approving the listing and
trading of the iShares COMEX Gold Trust); and 51446 (March 29,
2005), 70 FR 17272 (April 5, 2005) (SR-Amex-2005-032) (approving the
trading of streetTRACKS Gold Shares pursuant to UTP).
    \19\ See, e.g., Securities Exchange Act Release Nos. 56998
(December 19, 2007), 72 FR 73404 (December 27, 2007) (SR-Amex-2007-
104) (approving the listing and trading of shares of the ProShares
Trust); 56592 (October 1, 2007), 72 FR 57364 (October 9, 2007) (SR-
Amex -2007-60) (approving the listing and trading of shares of the
ProShares Trust based on international equity indexes); 54040 (June
23, 2006), 71 FR 37629 (June 30, 2006) (SR-Amex-2006-41) (approving
the listing and trading of shares of the ProShares Trust); 55117
(January 17, 2007), 72 FR 3442 (January 25, 2007) (SR-Amex 2006-101)
(approving the listing and trading of shares of the ProShares
Trust); and 52553 (October 3, 2005), 70 FR 59100 (October 11, 2005)
(SR-Amex-2004-62) (approving the listing and trading of shares of
the xtraShares Trust).
---------------------------------------------------------------------------

    The Exchange proposes to list and trade the Shares pursuant to
Commentary .02 to NYSE Arca Equities Rule 8.200.\20\ NYSE Arca
represents that the Shares will conform to the existing initial and
continued listing criteria under such rule and must be in compliance
with NYSE Arca Equities Rule 5.3 and Rule 10A-3 under the Exchange Act.
---------------------------------------------------------------------------

    \20\ The Commission believes that the Exchange's existing rules
and procedures are adequate with respect to the Shares. However, the
Commission notes that other proposed series of TIRs may require
additional Exchange rules and procedures to govern their listing and
trading on the Exchange. For example, in the case of a proposed
series of TIRs that are based on a portfolio, at least in part, of
non-U.S. equity securities, rules relating to comprehensive
surveillance sharing agreements and quantitative initial and
continued listing standards may be required.
---------------------------------------------------------------------------

    The Commission believes 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,\21\ which sets forth Congress' finding that it is in
the public interest and appropriate for the protection of investors and
the maintenance of fair and orderly markets to assure the availability
to brokers, dealers, and investors of information with respect to
quotations for and transactions in securities. Quotations and last-sale
information for the Shares will be disseminated by means of CTA and
Consolidated Quotation High Speed Lines.\22\ In addition, the value of
each Underlying Benchmark will be updated intra-day on a real time
basis as its components change in price. The Indicative Value will be
disseminated at least every 15 seconds during the Exchange's Core
Trading Session (9:30 a.m. to 4 p.m. Eastern Time), and the NAV of each
Fund will be calculated by the Administrator and made available to all
market participants at the same time.
---------------------------------------------------------------------------

    \21\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
    \22\ E-mail from Tim Malinowski, Director, NYSE Euronext, to
Edward Cho and Christopher Chow, Special Counsels, Division of
Trading and Markets, Commission, dated September 3, 2008 (confirming
the means of dissemination of quotations and last-sale information
for the Shares).
---------------------------------------------------------------------------

    The Exchange has noted the wide availability of information
regarding the Underlying Benchmarks. For example, data regarding spot
pricing of the Underlying Benchmark commodities (gold and silver) is
publicly available on a 24-hour basis from various financial
information service providers, such as Reuters and Bloomberg. In
addition, the daily London fix for gold and silver is also disseminated
by various market data vendors and is available from the LBMA Web site
(http://www.lbma.org.uk). Data regarding futures contracts and options
on futures contracts in connection with the Underlying Benchmark
commodities is also available from NYMEX at http://www.nymex.com. Spot
pricing related to the foreign currency exchange is available to
investors and market professionals on a 24-hour basis. A variety of
public Web sites and professional and subscription services provide
market and price information regarding the euro and the yen. Currency
spot prices are also generally available from foreign exchange dealers.
    Moreover, each Fund's total portfolio composition will be disclosed
on the Web site of the Trust (http://www.proshares.com) or another
relevant Web site as determined by the Trust and/or the Exchange. The
Trust will provide Web site disclosure of portfolio holdings daily and
will include, as applicable, the names and number of

Financial Instruments and characteristics of such instruments and cash
equivalents, and amount of cash held in the portfolio of each Fund.
NYSE Arca will also make available on its Web site daily trading volume
of the Shares, closing prices of the Shares, and the NAV per Share. In
addition, the Web sites for the Funds and/or the Exchange will publish
the following information: (a) The current NAV per Share daily and the
prior business day's NAV per Share and the reported closing price; (b)
the Bid-Asked Price; (c) calculation of the premium or discount of such
price against the NAV per Share; (d) data in chart form displaying the
frequency distribution of discounts and premiums of the Bid-Ask Price
against the NAV per Share, within appropriate ranges for each of the
four previous calendar quarters; (e) the prospectus; and (f) other
applicable quantitative information.
    Furthermore, 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 Trust, prior to listing, that the NAV per Share
for the Funds will be calculated daily, and that the NAV will be made
available to all market participants at the same time. The Exchange has
represented that the disclosure of the portfolio composition for each
Fund will be made available to all market participants at the same
time. The Exchange may consider the suspension of trading in, or
removal from listing of, the Shares if, among others: (1) The value of
the underlying index or portfolio is no longer calculated or available
on at least a 15-second delayed basis or the Exchange stops providing a
hyperlink on its Web site to any such asset or investment value; or (2)
the Indicative Value is no longer made available on at least a 15-
second delayed basis.\23\ Further, Commentary .02 to NYSE Arca Equities
Rules 8.200 sets forth certain restrictions, described above, on ETP
Holders acting as registered Market Makers in TIRs to facilitate
surveillance.
---------------------------------------------------------------------------

    \23\ See Commentary .02(d)(2)(ii) and (iii) to NYSE Arca
Equities Rule 8.200.
---------------------------------------------------------------------------

    The Exchange's trading halt rules are reasonably designed to
prevent trading in the Shares when transparency is impaired. As
discussed above, trading in the Shares will be halted: (1) If the
Exchange becomes aware that a Fund's NAV or disclosure of the portfolio
composition is not being disseminated or has not been disseminated to
all market participants at the same time; or (2) if the value of an
Underlying Benchmark is no longer calculated or available on at least a
15-second basis through one or more major market data vendors during
the time the Shares trade on the Exchange or if an Indicative Value per
Share updated every 15 seconds is no longer calculated or available.
The Exchange also may consider all relevant factors in exercising its
discretion to halt or suspend trading in the Shares. Trading may be
halted because of market conditions or for reasons that make trading in
the Shares inadvisable, including: (1) The extent to which trading is
not occurring in the underlying securities; or (2) whether other
unusual conditions or circumstances detrimental to the maintenance of a
fair and orderly market are present.
    The Commission further believes that the trading rules and
procedures to which the Shares will be subject pursuant to this
proposal are consistent with the Exchange Act. The Exchange has
represented that the Shares are equity securities subject to NYSE
Arca's rules governing the trading of equity securities.
    In support of this proposal, the Exchange has made the following
representations:
    (1) The Shares will conform to the initial and continued listing
criteria under NYSE Arca Equities Rule 8.200(d) and Commentary .02(d)
to NYSE Arca Equities Rule 8.200.
    (2) The Exchange's surveillance procedures are adequate to properly
monitor trading of the Shares in all trading sessions and to deter and
detect violations of Exchange rules and applicable federal securities
laws.
    (3) The Exchange will distribute an Information Bulletin, the
contents of which are more fully described above, to ETP Holders in
connection with the trading of the Shares.
    (4) The Exchange represents that the Trust is required to comply
with NYSE Arca Equities Rule 5.3 and Rule 10A-3 under the Exchange Act.

This approval order is based on the Exchange's representations.
    The Commission finds good cause, pursuant to Section 19(b)(2) of
the Act,\24\ for approving the proposed rule change prior to the 30th
day after the date of publication of notice in the Federal Register.
The Commission notes that it has previously approved the listing and
trading of the Shares on Amex \25\ and believes that the Exchange's
proposal to list and trade such Shares does not appear to present any
novel or significant regulatory issues that should cause it to revisit
that previous finding. As mentioned above, the Shares are substantially
similar to the shares of other TIRs and exchange-traded products, the
shares of which are currently listed and trading in the
marketplace,\26\ and the Commission has previously approved the listing
and trading of shares of other UltraFunds and UltraShort Funds based on
various securities indexes.\27\ As such, the Commission believes that
accelerating approval of this proposal should benefit investors by
creating, without undue delay, additional competition in the market for
such products.
---------------------------------------------------------------------------

    \24\ 15 U.S.C. 78s(b)(2).
    \25\ See supra note 3. The Shares have also been approved for
trading on the Exchange pursuant to UTP. See supra note 4.
    \26\ See supra note 18.
    \27\ See supra note 19.
---------------------------------------------------------------------------

V. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Exchange Act,\28\ that the proposed rule change (SR-NYSEArca-2008-91)
be, and it hereby is, approved on an accelerated basis.
---------------------------------------------------------------------------

    \28\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\29\
---------------------------------------------------------------------------

    \29\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-20962 Filed 9-9-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 77, Number 56 (Thursday, March 22, 2012)]
[Rules and Regulations]
[Pages 16661-16664]
[FR Doc No: 2012-6773]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0273; Directorate Identifier 2011-NM-149-AD;
Amendment 39-16988; AD 2012-06-07]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule; request for comments.

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SUMMARY: We are superseding an existing airworthiness directive (AD)
for certain Model A330-200 and -300 series airplanes, and Model A340-
200, -300, -500, and -600 series airplanes. This AD was prompted by
reports of loose pneumatic quick-disconnect unions on Goodrich pitot
probes that might be the result of mis-torque of the affected unions at
equipment manufacturing level. This AD adds airplanes to the AD
applicability. We are issuing this AD to detect and correct loose
unions on the pitot probes, which could lead to an air leak, resulting
in incorrect total pressure measurement and consequent erroneous
calibrated airspeed (CAS)/MACH parameters delivered to the flightcrew
by the air data computer.

DATES: This AD becomes effective April 6, 2012.
    The Director of the Federal Register approved the incorporation by
reference of certain documents listed in this AD as of September 22,
2010 (75 FR 50871, August 18, 2010).
    We must receive comments on this AD by May 7, 2012.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
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 street address for
the Docket Operations office (telephone<PHONE_NUMBER>) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601

Lind Avenue SW., Renton, Washington 98057-3356; telephone (425) 227-
1138; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    On July 30, 2010, we issued AD 2010-17-02, Amendment 39-16392 (75
FR 50871, August 18, 2010). That AD required actions intended to
address an unsafe condition on certain Model A330-200 and -300 series
airplanes, and Model A340-200, -300, -500, and -600 series airplanes.
    Since we issued AD 2010-17-02, Amendment 39-16392 (75 FR 50871,
August 18, 2010), we have certified two new models: Model A330-223F and
-243F airplanes. We are issuing this AD to include them in the
requirements of that earlier AD. The European Aviation Safety Agency
(EASA), which is the Technical Agent for the Member States of the
European Community, has issued EASA Airworthiness Directive 2011-0138,
dated July 20, 2011 (referred to after this as ``the MCAI''), to
correct an unsafe condition for the specified products. The MCAI
states:

    Several reports have recently been received of loose pneumatic
quick-disconnect unions on Goodrich pitot probes [part number] P/N
0851HL. These may be the result of mis-torque of the affected unions
at equipment manufacturing level. Investigations are still on-going
to determine the root cause(s).
    This condition, if not corrected, could lead to an air leak,
resulting in incorrect total pressure measurement and consequent
erroneous Calibrated Airspeed (CAS)/MACH parameters delivered by the
Air Data Computer (ADC).
    As a precautionary measure, EASA issued Emergency AD 2009-0202
to require a torque check of the pneumatic quick-disconnect union on
certain Goodrich P/N 0851HL pitot probes and corrective action,
depending on findings.
    EASA AD 2009-0202-E was subsequently republished to remove an
erroneous reference to Appendix A from the Reason section, as no
Appendix was attached to this [EASA] AD. [EASA] AD 2009-0202 was
later revised to exclude pitot probes marked with a red torque
check-mark from the torque-check required by paragraph (2.1) of this
[EASA] AD.
    This [EASA] AD retains the requirements of EASA AD 2009-0202R1
[which corresponds to FAA AD 2010-17-02, Amendment 39-16392 (75 FR
50871, August 18, 2010)], which is superseded, and expands the
Applicability to include the newly certified Model A330-223F and
Model A330-243F aeroplanes.

Loss or fluctuation of indicated airspeed could result in misleading
information provided to the flightcrew. If the quick-disconnect union
fitted on the pitot probe is not adequately torqued, the corrective
action includes applying torque. You may obtain further information by
examining the MCAI in the AD docket.

Change to AD 2010-17-02, Amendment 39-16392 (75 FR 50871, August 18,
2010)

    We have revised certain headers throughout this AD. We have also
revised the wording in paragraph (g)(3) of this AD. This revision does
not change the intent of paragraph (g)(3) of AD 2010-17-02, Amendment
39-16392 (75 FR 50871, August 18, 2010).

FAA's Determination and Requirements of This AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are issuing this AD because we
evaluated all pertinent information and determined the unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
    There are no products of this type currently registered in the
United States. However, this rule is necessary to ensure that the
described unsafe condition is addressed if any of these products are
placed on the U.S. Register in the future.

FAA's Determination of the Effective Date

    Since there are currently no domestic operators of this product,
notice and opportunity for public comment before issuing this AD are
unnecessary.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2012-0273; Directorate
Identifier 2011-NM-149-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD because of
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.

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

    We determined that 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 this AD:
    1. Is not a ''significant regulatory action'' under Executive Order
12866;
    2. Is not a ''significant rule'' under the 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.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.

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 removing AD 2010-17-02, Amendment 39-
16392 (75 FR 50871, August 18, 2010), and adding the following new AD:

2012-06-07 Airbus: Amendment 39-16988. Docket No. FAA-2012-0273;
Directorate Identifier 2011-NM-149-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective April 6,
2012.

(b) Affected ADs

    This AD supersedes AD 2010-17-02, Amendment 39-16392 (75 FR
50871, August 18, 2010).

(c) Applicability

    This AD applies to the Airbus airplanes identified in paragraphs
(c)(1), (c)(2), and (c)(3) of this AD; certificated in any category;
all manufacturer serial numbers; with pitot probes having Goodrich
part number (P/N) 0851HL, serial numbers 267328 through 270714
inclusive.
    (1) Model A330-201, -202, -203, -223, -223F, -243, -243F, -301,
-302, -303, -321, -322, -323, -341, -342, and -343 airplanes.
    (2) Model A340-211, -212, -213, -311, -312, and -313 airplanes.
    (3) Model A340-541 and -642 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 34: Navigation.

(e) Reason

    This AD was prompted by reports of loose pneumatic quick-
disconnect unions on Goodrich pitot probes that might be the result
of mis-torque of the affected unions at equipment manufacturing
level. We are issuing this AD to detect and correct loose unions on
the pitot probes, which could lead to an air leak, resulting in
incorrect total pressure measurement and consequent erroneous
calibrated airspeed (CAS)/MACH parameters delivered to the
flightcrew by the air data computer (ADC).

(f) Compliance

    You are responsible for having the actions required by this AD
performed within the compliance times specified, unless the actions
have already been done.

(g) Restatement of Requirements of AD 2010-17-02, Amendment 39-16392
(75 FR 50871, August 18, 2010): Actions for Airplanes Other Than Models
A330-223F and -243F

    For all airplanes except Model A330-223F and -243F airplanes: At
the time specified, do the following actions.
    (1) Within 14 days after September 22, 2010 (the effective date
of AD 2010-17-02, Amendment 39-16392 (75 FR 50871, August 18,
2010)): Perform a torque check of the pneumatic quick-disconnect
union of each pitot probe having Goodrich P/N 0851HL, serial numbers
267328 through 270714 inclusive, to determine if the torque is
adequate, in accordance with the instructions of the applicable
service information specified in table 1 of this AD. Before further
flight, do all applicable corrective actions in accordance with the
instructions of the applicable service information specified in
table 1 of this AD.

                   Table 1--Airbus Service Information
------------------------------------------------------------------------
Airbus all operators telex--
                                Revision--              Dated--
------------------------------------------------------------------------
A330-34A3235 (for Model A330-             02  March 1, 2010.
 201, -202, -203, -223, -
 243, -301, -302, -303, -
 321,-322, -323, -341, -342,
 and -343 airplanes).
A340[dash]34A4241 (for Model              02  March 1, 2010.
 A340-211, -212, -213, -311,
 -312, and -313 airplanes).
A340-34A5074 (for Model A340-             02  March 1, 2010.
 541 and -642 airplanes).
------------------------------------------------------------------------

     (2) Within 30 days after performing the torque check required
by paragraph (g)(1) of this AD, or within 30 days after September
22, 2010 (the effective date of AD 2010-17-02, Amendment 39-16392
(75 FR 50871, August 18, 2010), whichever occurs later: Report the
torque check results to Airbus, including no findings, as specified
in the instructions of the applicable service information listed in
table 1 of this AD.
    (3) This paragraph provides credit for the actions required by
paragraph (g)(1) of this AD, if those actions were done before
September 22, 2010 (the effective date of AD 2010-17-02, Amendment
39-16392 (75 FR 50871, August 18, 2010), using the applicable
service information listed in table 2 of this AD.

               Table 2--Airbus Credit Service Information
------------------------------------------------------------------------
Airbus all operators telex--
                                Revision--              Dated--
------------------------------------------------------------------------
A330-34A3235................  ..............  September 10, 2009.
A330-34A3235................               1  September 21, 2009.
A340-34A4241................  ..............  September 10, 2009.
A340-34A4241................               1  September 21, 2009.
A340-34A5074................  ..............  September 10, 2009.
A340-34A5074................               1  September 21, 2009.
------------------------------------------------------------------------

     (4) As of September 22, 2010 (the effective date of AD 2010-17-
02, Amendment 39-16392 (75 FR 50871, August 18, 2010), no person may
install a pitot probe having Goodrich P/N 0851HL, serial numbers
267328 through 270714 inclusive, on any airplane, unless the actions
required by paragraph (g)(1) of this AD have been done; or an intact
red torque check mark is visible on the interface of the pneumatic
quick disconnect union and the union mount.

(h) New Requirements of This AD: Actions for Model A330-223F and -243F
Airplanes

    For Model A330-223F and -243F airplanes: At the time specified,
do the following actions.
    (1) Within 14 days after the effective date of this AD: Perform
a torque check of the pneumatic quick-disconnect union of each pitot
probe having Goodrich P/N 0851HL, serial numbers 267328 through
270714 inclusive, to determine if the torque is adequate, in
accordance with the instructions of Airbus All Operators Telex A330-
34A3235, Revision 02, dated March 1, 2010. Before further flight, do
all applicable corrective actions, in accordance with Airbus All
Operators Telex A330-34A3235, Revision 02, dated March 1, 2010.
    (2) Within 30 days after performing the torque check required by
paragraph (g)(1) of this AD, or within 30 days after the effective
date of this AD, whichever occurs later: Report the torque check
results to Airbus, including no findings, as specified in the
instructions of Airbus All Operators Telex A330-34A3235, Revision
02, dated March 1, 2010.

    (3) This paragraph provides credit for the actions required by
paragraph (h)(1) of this AD, if those actions were done before the
effective date of this AD using Airbus All Operators Telex A330-
34A3235, dated September 10, 2009; or Airbus All Operators Telex
A330-34A3235, Revision 1, dated September 21, 2009.
    (4) As of the effective date of this AD, no person may install a
pitot probe having Goodrich P/N 0851HL, serial numbers 267328
through 270714 inclusive, on any airplane, unless the actions
required by paragraph (h)(1) of this AD have been done; or an intact
red torque check mark is visible on the interface of the pneumatic
quick disconnect union and the union mount.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, 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 International
Branch, send it to ATTN: Vladimir Ulyanov, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone (425)
227-1138; fax<PHONE_NUMBER>. Information may be emailed to<EMAIL_ADDRESS>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. The AMOC approval letter
must specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: A federal agency may not conduct or
sponsor, and a person is not required to respond to, nor shall a
person be subject to a penalty for failure to comply with a
collection of information subject to the requirements of the
Paperwork Reduction Act unless that collection of information
displays a current valid OMB Control Number. The OMB Control Number
for this information collection is 2120-0056. Public reporting for
this collection of information is estimated to be approximately 5
minutes per response, including the time for reviewing instructions,
completing and reviewing the collection of information. All
responses to this collection of information are mandatory. Comments
concerning the accuracy of this burden and suggestions for reducing
the burden should be directed to the FAA at: 800 Independence Ave.
SW., Washington, DC 20591, Attn: Information Collection Clearance
Officer, AES-200.

(j) Related Information

    Refer to European Aviation Safety Agency (EASA) Airworthiness
Directive 2011-0138, dated July 20, 2011, and the service
information specified in table 1 of this AD, for related
information.

(k) 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) of the following service information under 5 U.S.C.
552(a) and 1 CFR part 51 on September 22, 2010 (75 FR 50871, August
18, 2010):
    (i) Airbus All Operators Telex A330-34A3235, Revision 02, dated
March 1, 2010.
    (ii) Airbus All Operators Telex A340-34A4241, Revision 02, dated
March 1, 2010.
    (iii) Airbus All Operators Telex A340-34A5074, Revision 02,
dated March 1, 2010.
    (2) For service information identified in this AD, contact
Airbus SAS--Airworthiness Office--EAL, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96;
fax +33 5 61 93 45 80; email<EMAIL_ADDRESS>
Internet http://www.airbus.com.
    (3) You may review copies of the 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>.
    (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 NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on March 7, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-6773 Filed 3-21-12; 8:45 am]
BILLING CODE 4910-13-P