[Federal Register Volume 81, Number 144 (Wednesday, July 27, 2016)]
[Notices]
[Pages 49341-49347]
[FR Doc No: 2016-17671]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78385; File No. SR-NASDAQ-2016-103]

Self-Regulatory Organizations; The Nasdaq Stock Market LLC;
Notice of Filing of Proposed Rule Change, as Modified by Amendment No.
1 Thereto, to List and Trade Exchange-Traded Managed Funds

July 21, 2016.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on July 13, 2016, The Nasdaq Stock Market LLC (``Nasdaq'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I and II below, which Items have been prepared by the Exchange.
On July 14, 2016, the Exchange filed Amendment No. 1 to the proposed
rule change, which amended and replaced the original filing in its
entirety. The Commission is publishing this notice to solicit comments
on the proposed rule change, as modified by Amendment No. 1 thereto,
from interested persons.
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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 proposes to list and trade under Nasdaq Rule 5745
(Exchange-Traded Managed Fund Shares (``NextShares'')) the common
shares (``Shares'') of the exchange-traded managed funds described
herein (each, a ``Fund,'' and collectively, the ``Funds'').

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 Exchange 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 IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

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

1. Purpose
    The Exchange proposes to list and trade the Shares of each Fund
under Nasdaq Rule 5745, which governs the listing and trading of
exchange-traded managed fund shares, as defined in Nasdaq Rule
5745(c)(1), on the Exchange.\3\ Each Fund listed below will be advised
by an investment adviser registered under the Investment Advisers Act
of 1940 (``Adviser''), as described below. Each Fund will be actively
managed and will pursue various principal investment strategies, as
noted below.\4\
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    \3\ The Commission approved Nasdaq Rule 5745 in Securities
Exchange Act Release No. 34-73562 (Nov. 7, 2014), 79 FR 68309 (Nov.
14, 2014) (SR-NASDAQ-2014-020).
    \4\ Additional information regarding the Funds will be available
on one of two free public Web sites (www.ivyinvestments.com or
www.nextshares.com, as indicated more fully below), as well as in
the Registration Statement for the Funds.
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Ivy NextSharesTM
    Ivy NextSharesTM (the ``Trust'') is registered with the
Commission as an open-end investment company and has filed a
registration statement on Form N-1A (``Registration Statement'') with
the Commission.\5\ Each of the following Funds is a series of the
Trust.\6\
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    \5\ See Registration Statement on Form N-1A for the Trust dated
April 18, 2016 (File Nos. 333-210814 and 811-23155).
    \6\ The Commission has issued an order granting the Trust and
certain affiliates exemptive relief under the Investment Company
Act. See Investment Company Act Release No. 31816 (Sept. 9, 2015)
(File No. 812-14526).
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    Ivy Investment Management Company (``IICO'' or the ``Adviser'')
will be the adviser to the Funds. IICO is not a registered broker-
dealer, although it is affiliated with a broker-dealer. IICO has
implemented a fire wall with respect to its affiliated broker-dealer
regarding access to information concerning the composition and/or
changes to each Fund's portfolio.\7\ In the future event

that (a) IICO registers as a broker-dealer or becomes newly affiliated
with a broker-dealer, or (b) any new adviser or a sub-adviser to a Fund
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
relevant Fund's portfolio and will be subject to procedures designed to
prevent the use and dissemination of material non-public information
regarding such portfolio.
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    \7\ An investment adviser to an open-end fund is required to be
registered under the Investment Advisers Act of 1940 (the ``Advisers
Act''). As a result, the Adviser and its related personnel are
subject to the provisions of Rule 204A-1 under the Advisers Act
relating to codes of ethics. This Rule requires investment advisers
to adopt a code of ethics that reflects the fiduciary nature of the
relationship to clients as well as compliance with other applicable
securities laws. Accordingly, procedures designed to prevent the
communication and misuse of non-public information by an investment
adviser must be consistent with Rule 204A-1 under the Advisers Act.
In addition, Rule 206(4)-7 under the Advisers Act makes it unlawful
for an investment adviser to provide investment advice to clients
unless such investment adviser has (i) adopted and implemented
written policies and procedures reasonably designed to prevent
violation, by the investment adviser and its supervised persons, of
the Advisers Act and the Commission rules adopted thereunder; (ii)
implemented, at a minimum, an annual review regarding the adequacy
of the policies and procedures established pursuant to subparagraph
(i) above and the effectiveness of their implementation; and (iii)
designated an individual (who is a supervised person) responsible
for administering the policies and procedures adopted under
subparagraph (i) above.
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    ALPS Distributors, Inc. will be the principal underwriter and
distributor of each Fund's Shares. Waddell & Reed Services Company,
doing business as WI Services Company (``WISC''), will act as the
administrator and accounting agent to the Funds. State Street Bank and
Trust Company (``State Street'') will act as the custodian and transfer
agent to the Funds. In addition, it has entered into agreements with
WISC pursuant to which State Street will serve as sub-administrator and
sub-accounting agent to the Funds.
Ivy Focused Growth NextSharesTM
    The investment objective of this Fund is to provide growth of
capital. The Fund normally will invest primarily in a portfolio of
common stocks issued by large-capitalization, growth-oriented companies
with above-average levels of profitability and that IICO believes have
the ability to sustain growth over the long term. Although the Fund
primarily will invest in securities issued by large-capitalization
companies (defined as companies with market capitalizations of at least
$10 billion at the time of acquisition), it may invest in securities
issued by companies of any size.
Ivy Focused Value NextSharesTM
    The investment objective of this Fund is to provide capital
appreciation, with a secondary objective of providing current income.
The Fund normally will invest in the common stocks of companies that
IICO believes are undervalued, trading at a significant discount
relative to the intrinsic value of the company as estimated by IICO
and/or are out of favor in the financial markets but have a favorable
outlook for capital appreciation. Although the Fund will often invest
in securities issued by large-capitalization companies (defined as
companies with market capitalizations of at least $10 billion at the
time of acquisition), it may invest in securities issued by companies
of any size.
Ivy Energy NextSharesTM
    The investment objective of this Fund is to provide capital growth
and appreciation. The Fund will invest, under normal circumstances, at
least 80% of its net assets in the common stock of companies within the
energy sector, which includes all aspects of the energy industry, such
as exploration, discovery, production, distribution or infrastructure
of energy and/or alternative energy sources.
Creations and Redemptions of Shares
    Shares will be issued and redeemed on a daily basis for each Fund
at the Fund's next-determined net asset value (``NAV'') \8\ in
specified blocks of Shares called ``Creation Units.'' A Creation Unit
will consist of at least 25,000 Shares. Creation Units may be purchased
and redeemed by or through ``Authorized Participants.'' \9\ Purchases
and sales of Shares in amounts less than a Creation Unit may be
effected only in the secondary market, as described below, and not
directly with a Fund.
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    \8\ As with other registered open-end investment companies, NAV
generally will be calculated daily Monday through Friday as of the
close of regular trading on the New York Stock Exchange, normally
4:00 p.m. E.T. NAV will be calculated by dividing a Fund's net asset
value by the number of Shares outstanding. Information regarding the
valuation of investments in calculating a Fund's NAV will be
contained in the Registration Statement for its Shares.
    \9\ ``Authorized Participants'' will be either: (1)
``participating parties,'' i.e., brokers or other participants in
the Continuous Net Settlement System (``CNS System'') of the
National Securities Clearing Corporation (``NSCC''), a clearing
agency registered with the Commission and affiliated with the
Depository Trust Company (``DTC''), or (2) DTC participants, which
in either case have executed participant agreements with the Funds'
distributor and transfer agent regarding the creation and redemption
of Creation Units. Investors will not have to be Authorized
Participants in order to transact in Creation Units, but must place
an order through and make appropriate arrangements with an
Authorized Participant for such transactions.
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    The creation and redemption process for Funds may be effected ``in
kind,'' in cash, or in a combination of securities and cash. Creation
``in kind'' means that an Authorized Participant--usually a brokerage
house or large institutional investor--purchases the Creation Unit with
a basket of securities equal in value to the aggregate NAV of the
Shares in the Creation Unit. When an Authorized Participant redeems a
Creation Unit in kind, it receives a basket of securities equal in
value to the aggregate NAV of the Shares in the Creation Unit.\10\
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    \10\ In compliance with Nasdaq Rule 5745(b)(5), which applies to
Shares based on an international or global portfolio, the Trust's
application for exemptive relief under the Investment Company Act
states that each Fund will comply with the federal securities laws
in accepting securities for deposits and satisfying redemptions with
securities, including that the securities accepted for deposits and
the securities used to satisfy redemption requests are sold in
transactions that would be exempt from registration under the
Securities Act of 1933, as amended (15 U.S.C. 77a) (``Securities
Act'').
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Composition File
    As defined in Nasdaq Rule 5745(c)(3), the Composition File is the
specified portfolio of securities and/or cash that a Fund will accept
as a deposit in issuing a Creation Unit of Shares, and the specified
portfolio of securities and/or cash that a Fund will deliver in a
redemption of a Creation Unit of Shares. The Composition File will be
disseminated through the NSCC once each business day before the open of
trading in Shares on such day and also will be made available to the
public each day on a free Web site.\11\ Because the Funds seek to
preserve the confidentiality of their current portfolio trading
program, a Fund's Composition File generally will not be a pro rata
reflection of the Fund's investment positions. Each security included
in the Composition File will be a current holding of the Fund, but the
Composition File generally will not include all of the securities in
the Fund's portfolio or match the weightings of the included securities
in the portfolio. Securities that the Adviser is in the process of
acquiring for a Fund generally will not be represented in the Fund's
Composition File until their purchase has been completed. Similarly,
securities that are held in a Fund's portfolio but in the process of
being sold may not be removed from its Composition File until the sale
program is substantially completed. Funds creating and redeeming Shares
in kind will use cash amounts to supplement the in-kind transactions to
the extent necessary to ensure that Creation Units are purchased and
redeemed at NAV. The Composition File also may consist entirely of
cash, in which case it will

not include any of the securities in the Fund's portfolio.\12\
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    \11\ The free Web site containing the Composition File will be
www.nextshares.com.
    \12\ In determining whether a Fund will issue or redeem Creation
Units entirely on a cash basis, the key consideration will be the
benefit that would accrue to the Fund and its investors. For
instance, in bond transactions, the Adviser may be able to obtain
better execution for a Fund than Authorized Participants because of
the Adviser's size, experience and potentially stronger
relationships in the fixed-income markets.
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Transaction Fees
    All persons purchasing or redeeming Creation Units of a Fund are
expected to incur a transaction fee to cover the estimated cost to that
Fund of processing the transaction, including the costs of clearance
and settlement charged to it by NSCC or DTC, and the estimated trading
costs (i.e., brokerage commissions, bid-ask spread and market impact)
to be incurred in converting the Composition File to or from the
desired portfolio holdings. The transaction fee is determined daily and
will be limited to amounts determined by the Adviser to be appropriate
to defray the expenses that a Fund incurs in connection with the
purchase or redemption of Creation Units. The purpose of transaction
fees is to protect a Fund's existing shareholders from the dilutive
costs associated with the purchase and redemption of Creation Units.
Transaction fees will differ among Funds and may vary over time for a
given Fund depending on the estimated trading costs for its portfolio
positions and Composition File, processing costs and other
considerations. Funds that specify greater amounts of cash in their
Composition File may impose higher transaction fees. In addition, Funds
that include in their Composition File instruments that clear through
DTC may impose higher transaction fees than Funds whose Composition
File consists solely of instruments that clear through NSCC, because
DTC may charge more than NSCC in connection with Creation Unit
transactions.\13\ The transaction fees applicable to each Fund's
purchases and redemptions on a given business day will be disseminated
through the NSCC prior to the open of market trading on that day and
also will be made available to the public each day on a free Web
site.\14\ In all cases, the transaction fees will be limited in
accordance with the requirements of the Commission applicable to open-
end management investment companies offering redeemable securities.
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    \13\ Authorized Participants that participate in the CNS System
of the NSCC are expected to be able to use the enhanced NSCC/CNS
process for effecting in-kind purchases and redemptions of ETFs (the
``NSCC Process'') to purchase and redeem Creation Units of Funds
that limit the composition of their baskets to include only NSCC
Process-eligible instruments (generally domestic equity securities
and cash). Because the NSCC Process is generally more efficient than
the DTC clearing process, NSCC is likely to charge a Fund less than
DTC to settle purchases and redemptions of Creation Units.
    \14\ The free Web site will be www.nextshares.com.
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NAV-Based Trading
    Because Shares will be listed and traded on the Exchange, Shares
will be available for purchase and sale on an intraday basis. Shares
will be purchased and sold in the secondary market at prices directly
linked to a Fund's next-determined NAV using a new trading protocol
called ``NAV-Based Trading.'' \15\ All bids, offers and execution
prices of Shares will be expressed as a premium/discount (which may be
zero) to a Fund's next-determined NAV (e.g., NAV-$0.01, NAV+$0.01). A
Fund's NAV will be determined each business day, normally as of 4:00
p.m. E.T. Trade executions will be binding at the time orders are
matched on Nasdaq's facilities, with the transaction prices contingent
upon the determination of NAV.
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    \15\ Aspects of NAV-Based Trading are protected intellectual
property subject to issued and pending U.S. patents held by
NextShares Solutions LLC (``NextShares Solutions''), a wholly owned
subsidiary of Eaton Vance Corp. Nasdaq has entered into a license
agreement with NextShares Solutions to allow for NAV-Based Trading
on the Exchange of exchange-traded managed funds that have
themselves entered into license agreements with NextShares
Solutions.
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Trading Premiums and Discounts
    Bid and offer prices for Shares will be quoted throughout the day
relative to NAV. The premium or discount to NAV at which Share prices
are quoted and transactions are executed will vary depending on market
factors, including the balance of supply and demand for Shares among
investors, transaction fees and other costs in connection with creating
and redeeming Creation Units of Shares, the cost and availability of
borrowing Shares, competition among market makers, the Share inventory
positions and inventory strategies of market makers, the profitability
requirements and business objectives of market makers, and the volume
of Share trading. Reflecting such market factors, prices for Shares in
the secondary market may be above, at or below NAV. Funds with higher
transaction fees may trade at wider premiums or discounts to NAV than
other Funds with lower transaction fees, reflecting the added costs to
market makers of managing their Share inventory positions through
purchases and redemptions of Creation Units.
    Because making markets in Shares will be simple to manage and low
risk, competition among market makers seeking to earn reliable, low-
risk profits should enable the Shares to routinely trade at tight bid-
ask spreads and narrow premiums/discounts to NAV. As noted below, the
Funds will maintain a public Web site that will be updated on a daily
basis to show current and historical trading spreads and premiums/
discounts of Shares trading in the secondary market.\16\
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    \16\ The Web site containing this information will be
www.ivyinvestments.com.
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Transmitting and Processing Orders
    Member firms will utilize certain existing order types and
interfaces to transmit Share bids and offers to Nasdaq, which will
process Share trades like trades in shares of other listed
securities.\17\ In the systems used to transmit and process
transactions in Shares, a Fund's next-determined NAV will be
represented by a proxy price (e.g., 100.00) and a premium/discount of a
stated amount to the next-determined NAV to be represented by the same
increment/decrement from the proxy price used to denote NAV (e.g., NAV-
$0.01 would be represented as 99.99; NAV+$0.01 as 100.01).
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    \17\ As noted below, all orders to buy or sell Shares that are
not executed on the day the order is submitted will be automatically
cancelled as of the close of trading on such day. Prior to the
commencement of trading in a Fund, the Exchange will inform its
members in an Information Circular of the effect of this
characteristic on existing order types.
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    To avoid potential investor confusion, Nasdaq will work with member
firms and providers of market data services to seek to ensure that
representations of intraday bids, offers and execution prices of Shares
that are made available to the investing public follow the ``NAV-$0.01/
NAV+$0.01'' (or similar) display format. All Shares listed on the
Exchange will have a unique identifier associated with their ticker
symbols, which would indicate that the Shares are traded using NAV-
Based Trading. Nasdaq makes available to member firms and market data
services certain proprietary data feeds that are designed to supplement
the market information disseminated through the consolidated tape
(``Consolidated Tape''). Specifically, the Exchange will use the NASDAQ
Basic and NASDAQ Last Sale data feeds to disseminate intraday price and
quote data for Shares in real time in the ``NAV-$0.01/NAV+$0.01'' (or
similar) display format. Member firms could use the NASDAQ Basic and
NASDAQ Last Sale data feeds to source intraday Share prices for
presentation to the investing public in the ``NAV-$0.01/

NAV+$0.01'' (or similar) display format. Alternatively, member firms
could source intraday Share prices in proxy price format from the
Consolidated Tape and other Nasdaq data feeds (e.g., Nasdaq TotalView
and Nasdaq Level 2) and use a simple algorithm to convert prices into
the ``NAV-$0.01/NAV+$0.01'' (or similar) display format. As noted
below, prior to the commencement of trading in a Fund, the Exchange
will inform its members in an Information Circular of the identities of
the specific Nasdaq data feeds from which intraday Share prices in
proxy price format may be obtained.
Intraday Reporting of Quotes and Trades
    All bids and offers for Shares and all Share trade executions will
be reported intraday in real time by the Exchange to the Consolidated
Tape \18\ and separately disseminated to member firms and market data
services through the Exchange data feeds listed above. The Exchange
will also provide the member firms participating in each Share trade
with a contemporaneous notice of trade execution, indicating the number
of Shares bought or sold and the executed premium/discount to NAV.\19\
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    \18\ Due to systems limitations, the Consolidated Tape will
report intraday execution prices and quotes for Shares using a proxy
price format. As noted, Nasdaq will separately report real-time
execution prices and quotes to member firms and providers of market
data services in the ``NAV-$0.01/NAV+$0.01'' (or similar) display
format, and otherwise seek to ensure that representations of
intraday bids, offers and execution prices for Shares that are made
available to the investing public follow the same display format.
    \19\ All orders to buy or sell Shares that are not executed on
the day the order is submitted will be automatically cancelled as of
the close of trading on such day.
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Final Trade Pricing, Reporting and Settlement
    All executed Share trades will be recorded and stored intraday by
Nasdaq to await the calculation of such Fund's end-of-day NAV and the
determination of final trade pricing. After a Fund's NAV is calculated
and provided to the Exchange, Nasdaq will price each Share trade
entered into during the day at the Fund's NAV plus/minus the trade's
executed premium/discount. Using the final trade price, each executed
Share trade will then be disseminated to member firms and market data
services via an FTP file to be created for exchange-traded managed
funds and confirmed to the member firms participating in the trade to
supplement the previously provided information to include final
pricing.\20\ After the pricing is finalized, Nasdaq will deliver the
Share trading data to NSCC for clearance and settlement, following the
same processes used for the clearance and settlement of trades in other
exchange-traded securities.
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    \20\ File Transfer Protocol (``FTP'') is a standard network
protocol used to transfer computer files on the Internet. Nasdaq
will arrange for the daily dissemination of an FTP file with
executed Share trades to member firms and market data services.
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Availability of Information
    Prior to the commencement of market trading in Shares, the Funds
will be required to establish and maintain a public Web site through
which the current prospectus for each Fund may be downloaded.\21\ In
addition, a separate Web site (www.nextshares.com) will include
additional Fund information updated on a daily basis, including the
prior business day's NAV, and the following trading information for
such business day expressed as premiums/discounts to NAV: (a) Intraday
high, low, average and closing prices of Shares in Exchange trading;
(b) the midpoint of the highest bid and lowest offer prices as of the
close of Exchange trading, expressed as a premium/discount to NAV (the
``Closing Bid/Ask Midpoint''); and (c) the spread between highest bid
and lowest offer prices as of the close of Exchange trading (the
``Closing Bid/Ask Spread.''). The Web site at www.nextshares.com will
also contain charts showing the frequency distribution and range of
values of trading prices, Closing Bid/Ask Midpoints and Closing Bid/Ask
Spreads over time.
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    \21\ See footnote 16.
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    The Composition File will be disseminated through the NSCC before
the open of trading in Shares on each business day and also will be
made available to the public each day on a free Web site as noted
above.\22\ Consistent with the disclosure requirements that apply to
traditional open-end investment companies, a complete list of current
Fund portfolio positions will be made available at least once each
calendar quarter, with a reporting lag of not more than 60 days. Funds
may provide more frequent disclosures of portfolio positions at their
discretion.
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    \22\ See footnote 11.
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    Reports of Share transactions will be disseminated to the market
and delivered to the member firms participating in the trade
contemporaneous with execution. Once a Fund's daily NAV has been
calculated and disseminated, Nasdaq will price each Share trade entered
into during the day at the Fund's NAV plus/minus the trade's executed
premium/discount. Using the final trade price, each executed Share
trade will then be disseminated to member firms and market data
services via an FTP file to be created for exchange-traded managed
funds and confirmed to the member firms participating in the trade to
supplement the previously provided information to include final
pricing.
    Information regarding NAV-based trading prices, best bids and
offers for Shares, and volume of Shares traded will be continuously
available on a real-time basis throughout each trading day on brokers'
computer screens and other electronic services.
Initial and Continued Listing
    Shares will conform to the initial and continued listing criteria
as set forth under Nasdaq Rule 5745. A minimum of 50,000 Shares and no
less than two Creation Units of each Fund will be outstanding at the
commencement of trading on the Exchange. The Exchange will obtain a
representation from the issuer of the Shares that the NAV per Share
will be calculated daily (on each business day that the New York Stock
Exchange is open for trading) and provided to Nasdaq via the Mutual
Fund Quotation Service (``MFQS'') by the fund accounting agent. As soon
as the NAV is entered into MFQS, Nasdaq will disseminate the value to
market participants and market data vendors via the Mutual Fund
Dissemination Service (``MFDS'') so all firms will receive the NAV per
share at the same time. The Reporting Authority \23\ also will ensure
that the Composition File will implement and maintain, or be subject
to, procedures designed to prevent the use and dissemination of
material non-public information regarding each Fund's portfolio
positions and changes in the positions.
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    \23\ See Nasdaq Rule 5745(c)(4).
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    For each Fund, an estimated value of an individual Share, defined
in Nasdaq Rule 5745(c)(2) as the ``Intraday Indicative Value,'' will be
calculated and disseminated at intervals of not more than 15 minutes
throughout the Regular Market Session \24\ when Shares trade on the
Exchange. The Exchange will obtain a representation from the issuer of
the Shares that the IIV will be calculated on an intraday basis and
provided to Nasdaq for dissemination via the Nasdaq Global Index
Service (``GIDS''). The IIV will be based on current information
regarding the value

of the securities and other assets held by a Fund.\25\ The purpose of
the IIVs is to enable investors to estimate the next-determined NAV so
they can determine the number of Shares to buy or sell if they want to
transact in an approximate dollar amount (e.g., if an investor wants to
acquire approximately $5,000 of a Fund, how many Shares should the
investor buy?).\26\
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    \24\ 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. 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.).
    \25\ IIVs disseminated throughout each trading day would be
based on the same portfolio as used to calculate that day's NAV.
Funds will reflect purchases and sales of portfolio positions in
their NAV the next business day after trades are executed.
    \26\ Because, in NAV-Based Trading, prices of executed trades
are not determined until the reference NAV is calculated, buyers and
sellers of Shares during the trading day will not know the final
value of their purchases and sales until the end of the trading day.
A Fund's Registration Statement, Web site and any advertising or
marketing materials will include prominent disclosure of this fact.
Although IIVs may provide useful estimates of the value of intraday
trades, they cannot be used to calculate with precision the dollar
value of the Shares to be bought or sold.
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    The Adviser is not a registered broker-dealer, although it is
affiliated with a broker-dealer. The Adviser has implemented a fire
wall with respect to its broker-dealer affiliate regarding access to
information concerning the composition and/or changes to each Fund's
portfolio. In the future event that (a) the Adviser registers as a
broker-dealer or becomes newly affiliated with a broker-dealer, or (b)
any new adviser or a sub-adviser to a Fund 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 relevant Fund's
portfolio and will be subject to procedures designed to prevent the use
and dissemination of material non-public information regarding such
portfolio.
Trading Halts
    The Exchange may consider all relevant factors in exercising its
discretion to halt or suspend trading in Shares. Nasdaq will halt
trading in Shares under the conditions specified in Nasdaq Rule 4120
and in Nasdaq Rule 5745(d)(2)(C). Additionally, Nasdaq may cease
trading Shares if other unusual conditions or circumstances exist
which, in the opinion of Nasdaq, make further dealings on Nasdaq
detrimental to the maintenance of a fair and orderly market. To manage
the risk of a non-regulatory Share trading halt, Nasdaq has in place
back-up processes and procedures to ensure orderly trading. Because, in
NAV-Based Trading, all trade execution prices are linked to end-of-day
NAV, buyers and sellers of Shares should be less exposed to risk of
loss due to intraday trading halts than buyers and sellers of
conventional exchange-traded funds (``ETFs'') and other exchange-traded
securities.
Trading Rules
    Nasdaq deems Shares to be equity securities, thus rendering trading
in Shares to be subject to Nasdaq's existing rules governing the
trading of equity securities. Nasdaq will allow trading in Shares from
9:30 a.m. until 4:00 p.m. E.T.
    Every order to trade Shares of the Funds is subject to the proxy
price protection threshold of plus/minus $1.00, which determines the
lower and upper threshold for the life of the order and whereby the
order will be cancelled at any point if it exceeds $101.00 or falls
below $99.00, the established thresholds.\27\ With certain exceptions,
each order also must contain the applicable order attributes, including
routing instructions and time-in-force information, as described in
Nasdaq Rule 4703.\28\
---------------------------------------------------------------------------

    \27\ See Nasdaq Rule 5745(h).
    \28\ See Nasdaq Rule 5745(b)(6).
---------------------------------------------------------------------------

Surveillance
    The Exchange represents that trading in Shares will be subject to
the existing trading surveillances, administered by both Nasdaq and the
Financial Industry Regulatory Authority, Inc. (``FINRA'') on behalf of
the Exchange, which are designed to detect violations of Exchange rules
and applicable federal securities laws.\29\ The Exchange represents
that these procedures are adequate to properly monitor trading of
Shares on the Exchange and to deter and detect violations of Exchange
rules and applicable federal securities laws.
---------------------------------------------------------------------------

    \29\ FINRA provides surveillance of trading on the Exchange
pursuant to a regulatory services agreement. The Exchange is
responsible for FINRA's performance under this regulatory services
agreement.
---------------------------------------------------------------------------

    The surveillances referred to above generally focus on detecting
securities trading outside their normal patterns, which could be
indicative of manipulative or other violative activity. 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.
    FINRA, on behalf of the Exchange, will communicate as needed with
other markets and other entities that are members of the Intermarket
Surveillance Group (``ISG'') \30\ regarding trading in Shares, and in
exchange-traded securities and instruments held by the Funds (to the
extent such exchange-traded securities and instruments are known
through the publication of the Composition File and periodic public
disclosures of a Fund's portfolio holdings), and FINRA may obtain
trading information regarding such trading from other markets and other
entities. In addition, the Exchange may obtain information regarding
trading in Shares, and in exchange-traded securities and instruments
held by the Funds (to the extent such exchange-traded securities and
instruments are known through the publication of the Composition File
and periodic public disclosures of a Fund's portfolio holdings), from
markets and other entities that are members of ISG, which includes
securities and futures exchanges, or with which the Exchange has in
place a comprehensive surveillance sharing agreement.
---------------------------------------------------------------------------

    \30\ For a list of the current members of ISG, see
www.isgportal.org. The Exchange notes that not all components of a
Fund's portfolio may trade on markets that are members of ISG or
with which the Exchange has in place a comprehensive surveillance
sharing agreement.
---------------------------------------------------------------------------

    In addition, the Exchange also has a general policy prohibiting the
distribution of material non-public information by its employees.
Information Circular
    Prior to the commencement of trading in a Fund, the Exchange will
inform its members in an Information Circular of the special
characteristics and risks associated with trading the Shares.
Specifically, the Information Circular will discuss the following: (1)
The procedures for purchases and redemptions of Shares in Creation
Units (and noting that Shares are not individually redeemable); (2)
Nasdaq Rule 2111A, which imposes suitability obligations on Nasdaq
members with respect to recommending transactions in Shares to
customers; (3) how information regarding the IIV and Composition File
is disseminated; (4) the requirement that members deliver a prospectus
to investors purchasing Shares prior to or concurrently with the
confirmation of a transaction; and (5) information regarding NAV-Based
Trading protocols.
    As noted above, all orders to buy or sell Shares that are not
executed on the day the order is submitted will be automatically
cancelled as of the close of trading on such day. The Information
Circular will discuss the effect of this characteristic on existing
order types. The Information Circular also will

identify the specific Nasdaq data feeds from which intraday Share
prices in proxy price format may be obtained.
    In addition, the Information Circular will advise members, prior to
the commencement of trading, of the prospectus delivery requirements
applicable to the Funds. Members purchasing Shares from a Fund for
resale to investors will deliver a summary prospectus to such
investors. The Information Circular will also discuss any exemptive,
no-action and interpretive relief granted by the Commission from any
rules under the Act.
    The Information Circular also will reference that the Funds are
subject to various fees and expenses described in the Registration
Statements. The Information Circular will also disclose the trading
hours of the Shares and the applicable NAV calculation time for the
Shares. The Information Circular will disclose that information about
the Shares will be publicly available at www.nextshares.com.
    Information regarding Fund trading protocols will be disseminated
to Nasdaq members in accordance with current processes for newly listed
products. Nasdaq intends to provide its members with a detailed
explanation of NAV-Based Trading through a Trading Alert issued prior
to the commencement of trading in Shares on the Exchange.
Continued Listing Representations
    All statements and representations made in this filing regarding
(a) the description of the Funds' portfolios, (b) limitations on
portfolio holdings or reference assets, or (c) the applicability of
Exchange rules and surveillance procedures shall constitute continued
listing requirements for listing the Shares of the Funds on the
Exchange. The issuer has represented to the Exchange that it will
advise the Exchange of any failure by any Fund to comply with the
continued listing requirements, and, pursuant to its obligations under
Section 19(g)(1) of the Act, the Exchange will monitor for compliance
with the continued listing requirements. If a Fund is not in compliance
with the applicable listing requirements, the Exchange will commence
delisting procedures under Nasdaq Rule 5800, et. seq.
2. Statutory Basis
    Nasdaq believes that the proposal is consistent with Section 6(b)
of the Act \31\ in general, and Section 6(b)(5) of the Act \32\ 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 facilitating transactions in securities, and to
remove impediments to and perfect the mechanism of a free and open
market and a national market system.
---------------------------------------------------------------------------

    \31\ 15 U.S.C. 78f(b).
    \32\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change is designed to
prevent fraudulent and manipulative acts and practices in that the
Shares would be listed and traded on the Exchange pursuant to the
initial and continued listing criteria in Nasdaq Rule 5745. The
Exchange believes that its surveillance procedures are adequate to
properly monitor the trading of Shares on Nasdaq and to deter and
detect violations of Exchange rules and the applicable federal
securities laws. The Adviser is not registered as a broker-dealer, but
it is affiliated with a broker-dealer. The Adviser has implemented a
``fire wall'' between the Adviser and its broker-dealer affiliate with
respect to access to information concerning the composition and/or
changes to the Funds' portfolio holdings. The Exchange may obtain
information via ISG from other exchanges that are members of ISG or
with which the Exchange has entered into a comprehensive surveillance
sharing agreement, to the extent necessary.
    The proposed rule change is designed to promote just and equitable
principles of trade and to protect investors and the public interest.
The Exchange will obtain a representation from each issuer of Shares
that the NAV per Share will be calculated on each business day that the
New York Stock Exchange is open for trading and that the NAV will be
made available to all market participants at the same time. In
addition, a large amount of information would be publicly available
regarding the Funds and the Shares, thereby promoting market
transparency.
    Prior to the commencement of market trading in Shares, the Funds
will be required to establish and maintain a public Web site through
which the current prospectus for each Fund may be downloaded.\33\ In
addition, a separate Web site (www.nextshares.com) will include
additional Fund information updated on a daily basis, including the
prior business day's NAV, and the following trading information for
such business day expressed as premiums/discounts to NAV: (a) Intraday
high, low, average and closing prices of Shares in Exchange trading;
(b) the Closing Bid/Ask Midpoint; and (c) the Closing Bid/Ask Spread.
The Web site at www.nextshares.com will also contain charts showing the
frequency distribution and range of values of trading prices, Closing
Bid/Ask Midpoints and Closing Bid/Ask Spreads over time.
---------------------------------------------------------------------------

    \33\ See footnote 16.
---------------------------------------------------------------------------

    The Composition File will be disseminated through the NSCC before
the open of trading in Shares on each business day and also will be
made available to the public each day on a free Web site.\34\ The
Exchange will obtain a representation from the issuer of the Shares
that the IIV will be calculated and disseminated on an intraday basis
at intervals of not more than 15 minutes during trading on the Exchange
and provided to Nasdaq for dissemination via GIDS. A complete list of
current portfolio positions for the Funds will be made available at
least once each calendar quarter, with a reporting lag of not more than
60 days. Funds may provide more frequent disclosures of portfolio
positions at their discretion.
---------------------------------------------------------------------------

    \34\ See footnote 11.
---------------------------------------------------------------------------

    Transactions in Shares will be reported to the Consolidated Tape at
the time of execution in proxy price format and will be disseminated to
member firms and market data services through Nasdaq's trading service
and market data interfaces, as defined above. Once each Fund's daily
NAV has been calculated and the final price of its intraday Share
trades has been determined, Nasdaq will deliver a confirmation with
final pricing to the transacting parties. At the end of the day, Nasdaq
will also post a newly created FTP file with the final transaction data
for the trading and market data services. The Exchange expects that
information regarding NAV-based trading prices and volumes of Shares
traded will be continuously available on a real-time basis throughout
each trading day on brokers' computer screens and other electronic
services. Because Shares will trade at prices based on the next-
determined NAV, investors will be able to buy and sell individual
Shares at a known premium or discount to NAV that they can limit by
transacting using limit orders at the time of order entry. Trading in
Shares will be subject to Nasdaq Rules 5745(d)(2)(B) and (C), which
provide for the suspension of trading or trading halts under certain
circumstances, including if, in the view of the Exchange, trading in
Shares becomes inadvisable.
    The proposed rule change is designed to perfect the mechanism of a
free and open market and, in general, to protect

investors and the public interest in that it will facilitate the
listing and trading of the Funds, which seek to provide investors with
access to a broad range of actively managed investment strategies in a
structure that offers the cost and tax efficiencies and shareholder
protections of ETFs, while removing the requirement for daily portfolio
holdings disclosure to ensure a tight relationship between market
trading prices and NAV.
    For the above reasons, Nasdaq believes the proposed rule change is
consistent with the requirements of Section 6(b)(5) of the Act.

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

    The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act. In fact, the
Exchange believes that the introduction of the Funds would promote
competition by making available to investors a broad range of actively
managed investment strategies in a structure that offers the cost and
tax efficiencies and shareholder protections of ETFs, while removing
the requirement for daily portfolio holdings disclosure to ensure a
tight relationship between market trading prices and NAV. Moreover, the
Exchange believes that the proposed method of Share trading would
provide investors with transparency of trading costs, and the ability
to control trading costs using limit orders, that is not available for
conventionally traded ETFs.
    These developments could significantly enhance competition to the
benefit of the markets and investors.

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

    No written comments were either solicited or received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
(a) By order approve or disapprove such proposed rule change; or (b)
institute proceedings to determine whether the proposed rule change
should be disapproved.

IV. 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 Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2016-103 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-NASDAQ-2016-103. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing will also 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-NASDAQ-2016-103 and should
be submitted on or before August 17, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\35\
---------------------------------------------------------------------------

    \35\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-17671 Filed 7-26-16; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: May 3, 2007 (Volume 72, Number 85)]
[Notices]
[Page 24577]
[DOCID:fr03my07-45]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP07-179-000]

Avista Energy, Inc.; Notice of Abbreviated Application for a
Limited Jurisdiction Certificate of Public Convenience and Necessity

April 26, 2007.
    On April 19, 2007, Avista Energy, Inc. (Avista Energy) filed an
abbreviated application pursuant to section 7(c) of the Natural Gas Act
(NGA), and part 157 of the Commission's Rules and Regulations,
requesting a limited jurisdiction certificate of public convenience and
necessity authorizing the temporary assignment of rights to use
expansion capacity at the Jackson Prairie Storage Project to Coral
Energy Resources, L.P., as part of a Purchase and Sale Agreement that
will result in the sale of substantially all of Avista Energy's
operating assets to Coral Energy Resources, L.P., and its affiliates.
Avista Energy also requests pre-granted abandonment at the conclusion
of the limited term assignment.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the date as indicated
below. Anyone filing an intervention or protest must serve a copy of
that document on the Applicant. Anyone filing an intervention or
protest on or before the intervention or protest date need not serve
motions to intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is 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 e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Intervention and Protest Date: 5 p.m. Eastern Time, May 4, 2007.

Kimberly D. Bose,
Secretary.
 [FR Doc. E7-8405 Filed 5-2-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: October 17, 2007 (Volume 72, Number 200)]
[Rules and Regulations]
[Page 58755-58757]
[DOCID:fr17oc07-2]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-28371; Directorate Identifier 2007-NM-040-AD;
Amendment 39-15234; AD 2007-21-16]
RIN 2120-AA64

Airworthiness Directives; Bombardier Model DHC-8-102, -103, -106,
-201, -202, -301, -311, and -315 Airplanes

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

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) originated by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:

    [A] roll spoiler cable failure could result in an unacceptable
amount of roll spoiler deflection, which could result in reduced
controllability of the aircraft. * * *
* * * * *

    We are issuing this AD to require actions to correct the unsafe
condition on these products.

DATES: This AD becomes effective November 21, 2007.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of November 21,
2007.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov
 or in person at the U.S. Department of

Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Ezra Sasson, Aerospace Engineer,
Systems and Flight Test Branch, ANE-172, FAA, New York Aircraft
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New
York 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

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 June 11, 2007 (72 FR
32027). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:

    It has been identified that a roll spoiler cable failure could
result in an unacceptable amount of roll spoiler deflection, which
could result in reduced controllability of the aircraft. To address
this condition, Modsum 8Q100898 has been issued to introduce a
spoiler cable disconnect sensing device. This modification has been
installed in production on aircraft serial numbers 562 and
subsequent. An associated operational check has also been introduced
(See Note 1 [of the MCAI]).
    In addition, Modsum 8Q101443 has been issued to address a
potential spoiler cable interference condition on aircraft serial
numbers 003 through 123, 125 through 130, 132 through 136, 138 and
139, which do not yet have a spoiler cable tension regulator
(Mod[ification] 8/0708) installed.
    Following incorporation of the spoiler cable disconnect sensing
device on several aircraft, it was noted that, in the event of a
spoiler cable failure, only the ROLL SPLR INBD HYD caution light
will be illuminated until the aircraft speed decreases below 135 kts
(knots), at which time the ROLL SPLR OUTBD HYD caution light will
also be illuminated. Modsum 8Q101445 has been issued to rework the
sensing circuit caution light indication to ensure that it is
consistent for spoiler cable disconnects above and below 135 kts.
This modification has been installed in production on aircraft
serial numbers 600 and subsequent.

    The corrective action includes installing a spoiler cable
disconnect sensing device, correcting a potential spoiler cable
interference condition, and reworking the spoiler cable disconnect
sensing circuit, as applicable. You may obtain further information by
examining the MCAI in the AD docket.

Comments

    We gave the public the opportunity to participate in developing
this AD. We considered the comment received.

Request To Refer to Latest Revision of a Service Bulletin

    Piedmont Airlines points out that the current revision level of
Bombardier Service Bulletin 8-27-89 is Revision `G,' dated April 12,
2007. (We referred to Bombardier Service Bulletin 8-27-89, Revision
`E,' dated January 27, 2005, as the appropriate source of service
information for accomplishing certain actions specified in the NPRM.)
    We infer that the commenter would like us to refer to Revision `G'
of the service bulletin in the AD. We agree. Revision `G' was issued to
correctly identify certain document numbers. No additional work is
introduced by Revision `G' of the service bulletin. We have revised
paragraphs (f)(1) and (f)(2) of this AD to refer to Revision `G' of the
service bulletin. We have also revised paragraphs (f)(4) and (f)(5) of
this AD to credit operators who have accomplished the actions in
accordance with Bombardier Service Bulletin 8-27-89, Revision `E,'
dated January 27, 2005, or in accordance with Bombardier Service
Bulletin 8-27-89, Revision `F,' dated March 14, 2007.

Conclusion

    We reviewed the available data, including the comment received, and
determined that air safety and the public interest require adopting the
AD with the changes described previously. We determined that these
changes will not increase the economic burden on any operator or
increase the scope of the AD.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those
in the MCAI in order to follow our FAA policies. Any such differences
are highlighted in a Note within the AD.

Costs of Compliance

    We estimate that this AD will affect 166 products of U.S. registry.
We also estimate that it will take about 13 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $80 per work-hour. Required parts will cost about $1,000 per
product. Where the service information lists required parts costs that
are covered under warranty, we have assumed that there will be no
charge for these parts. As we do not control warranty coverage for
affected parties, some parties may incur costs higher than estimated
here. Based on these figures, we estimate the cost of this AD to the
U.S. operators to be $338,640, or $2,040 per product.

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); and
    3. 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 AD and placed it in the AD docket.

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 the NPRM, 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.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
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 AD:

2007-21-16 Bombardier, Inc.: Amendment 39-15234. Docket No. FAA-
2007-28371; Directorate Identifier 2007-NM-040-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective November
21, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier Model DHC-8-102, -103, -106, -
201, -202, -301, -311, and -315 airplanes; certificated in any
category; serial numbers 003 through 599.

Subject

    (d) Air Transport Association (ATA) of America Code 27: Flight
controls.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:

    It has been identified that a roll spoiler cable failure could
result in an unacceptable amount of roll spoiler deflection, which
could result in reduced controllability of the aircraft. To address
this condition, Modsum 8Q100898 has been issued to introduce a
spoiler cable disconnect sensing device. This modification has been
installed in production on aircraft serial numbers 562 and
subsequent. An associated operational check has also been introduced
(See Note 1 [of the MCAI]).
    In addition, Modsum 8Q101443 has been issued to address a
potential spoiler cable interference condition on aircraft serial
numbers 003 through 123, 125 through 130, 132 through 136, 138 and
139, which do not yet have a spoiler cable tension regulator
(Mod[ification] 8/0708) installed.
    Following incorporation of the spoiler cable disconnect sensing
device on several aircraft, it was noted that, in the event of a
spoiler cable failure, only the ROLL SPLR INBD HYD caution light
will be illuminated until the aircraft speed decreases below 135 kts
(knots), at which time the ROLL SPLR OUTBD HYD caution light will
also be illuminated. Modsum 8Q101445 has been issued to rework the
sensing circuit caution light indication to ensure that it is
consistent for spoiler cable disconnects above and below 135 kts.
This modification has been installed in production on aircraft
serial numbers 600 and subsequent.
    The corrective action includes installing a spoiler cable
disconnect sensing device, correcting a potential spoiler cable
interference condition, and reworking the spoiler cable disconnect
sensing circuit, as applicable.

Actions and Compliance

    (f) Within 24 months after the effective date of this AD unless
already done, do the following actions.
    (1) Applicable to airplane serial numbers 124, 131, 137, and 140
through 561: Incorporate Modsum 8Q100898 to install the spoiler
cable disconnect sensing device. Bombardier Service Bulletin 8-27-
89, Revision `G,' dated April 12, 2007, provides approved
instructions for incorporating Modsum 8Q100898. (See paragraph
(f)(4) of this AD.)
    (2) Applicable to airplane serial numbers 003 through 123, 125
through 130, 132 through 136, 138, and 139: Incorporate Modsums
8Q100898 and 8Q101443 to install the spoiler cable disconnect
sensing device and to correct potential spoiler cable interference
condition. Bombardier Service Bulletin 8-27-89, Revision `G,' dated
April 12, 2007, provides approved instructions for incorporating
Modsums 8Q100898 and 8Q101443. (See paragraphs (f)(4) and (f)(5) of
this AD.)

    (3) Applicable to airplane serial numbers 003 thorough 599:
Incorporate Modsum 8Q101445 to rework the spoiler cable disconnect
sensing circuit. Bombardier Service Bulletin 8-27-103, Revision `B,'
dated January 24, 2007, provides approved instructions for
incorporating Modsum 8Q101445. (See paragraph (f)(6) of this AD.) If
Modsum 8Q100898 has not yet been incorporated, incorporate Modsum
8Q101445 in conjunction with Modsum 8Q100898. Refer to paragraph
(f)(1) or (f)(2) of this AD, as applicable.

    Note 1: The mandatory operational check requirement for the
spoiler cable disconnect system (Modsum 8Q100898) is detailed in
Task Number 2760/14, dated November 21, 2003, of Part 2 of the
applicable de Havilland Dash 8 Maintenance Program Manual (MPM),
Airworthiness Limitations (AWL). It was introduced by de Havilland
Dash 8 Temporary Revisions AWL-88 (series 100), AWL 2-28 (series
200), and AWL 3-95 (series 300), all dated August 5, 2004. Temporary
Revision AWL-88 (Task Number 2760/14) has since been incorporated in
Revision 17, dated April 19, 2005, of Part 2 of the AWLs of the MPM
for Model DHC-8-100 series airplanes.

    (4) Installation of Modsum 8Q100898, in accordance with
Bombardier Service Bulletin 8-27-89, dated January 31, 2002;
Revision `A,' dated September 10, 2002; Revision `B,' dated November
17, 2003; Revision `C,' dated March 10, 2004; Revision `D,' dated
June 29, 2004; Revision `E,' dated January 27, 2005; or Revision
`F,' dated March 14, 2007; also meets the requirements of paragraphs
(f)(1) and (f)(2) of this AD.
    (5) Installation of Modsum 8Q101443, in accordance with Bombardier
Service Bulletin 8-27-89, Revision `C,' dated March 10, 2004; Revision
`D,' dated June 29, 2004; Revision `E,' dated January 27, 2005; or
Revision `F,' dated March 14, 2007; also meets the requirements of
paragraph (f)(2) of this AD for this particular Modsum.
    (6) Installation of Modsum 8Q101445, in accordance with Bombardier
Service Bulletin 8-27-103, dated November 5, 2003; or Revision `A,'
dated February 12, 2004; also meets the requirements of paragraph
(f)(3) of this AD.

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York 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. Send information to ATTN: Ezra Sasson, Aerospace
Engineer; New York ACO, FAA, 1600 Stewart Avenue, Suite 410, Westbury,
New York 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Before
using any approved AMOC on any airplane to which the AMOC applies,
notify your appropriate principal inspector (PI) in the FAA Flight
Standards District Office (FSDO), or lacking a PI, your local FSDO.
    (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: For any reporting requirement in this
AD, under the provisions of the Paperwork Reduction Act, the Office of
Management and Budget (OMB) has approved the information collection
requirements and has assigned OMB Control Number 2120-0056.

Related Information

    (h) Refer to MCAI Canadian Airworthiness Directive CF-2006-13,
dated June 6, 2006; Bombardier Service Bulletin 8-27-89, Revision `G,'
dated April 12, 2007; and Bombardier Service Bulletin 8-27-103,
Revision `B,' dated January 24, 2007; for related information.

Material Incorporated by Reference

    (i) You must use the service information specified in Table 1 of
this AD to do the actions required by this AD, unless the AD specifies
otherwise.
    (1) The Director of the Federal Register approved the incorporation
by reference of this service information under 5 U.S.C. 552(a) and 1
CFR part 51.
    (2) For service information identified in this AD, contact
Bombardier, Inc., Bombardier Regional Aircraft Division, 123 Garratt
Boulevard, Downsview, Ontario M3K 1Y5, Canada.
    (3) You may review copies at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton, Washington; or 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/cfr/ibr-locations.html.

              Table 1.--Material Incorporated by Reference
------------------------------------------------------------------------
                                       Revision
          Service bulletin               level             Date
------------------------------------------------------------------------
Bombardier Service Bulletin 8-27-89.        `G'   April 12, 2007.
Bombardier Service Bulletin 8-27-103        `B'   January 24, 2007.
------------------------------------------------------------------------

    Issued in Renton, Washington, on October 9, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E7-20217 Filed 10-16-07; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register: June 25, 2010 (Volume 75, Number 122)]
[Notices]
[Page 36464-36465]
[DOCID:fr25jn10-112]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Agency Information Collection Activity Seeking OMB Approval

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice.

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

SUMMARY: The FAA invites public comments about our intention to request
the Office of Management and Budget's (OMB) approval of a new
information collection. The Federal Register Notice with a 60-day
comment period soliciting comments on the following collection of
information was published on March 18, 2010, vol. 75, no. 52, page
13204. This research is important for establishing the scientific basis
for air tour management policy decisions in the National Parks as
mandated by the National Parks Air Tour Management Act of 2000.

DATES: Please submit comments by July 26, 2010.

FOR FURTHER INFORMATION CONTACT: Carla Scott at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Federal Aviation Administration (FAA)

    Title: Human Response to Aviation Noise in National Parks.
    Type of Request: New collection.
    OMB Control Number: 2120-XXXX.
    Form(s): There are no FAA forms associated with this collection.
    Affected Public: An estimated 16,800 Respondents.
    Frequency: This information is collected one time per respondent.
    Estimated Average Burden per Response: Approximately 15 minutes per
response.
    Estimated Annual Burden Hours: An estimated 4,200 hours annually.
    Abstract: The data from this research are critically important for
establishing the scientific basis for air tour management policy
decisions in the National Parks as mandated by the National Parks Air
Tour Management Act of 2000 (NPATMA). The research expands on previous
aircraft noise dose-response work by using a wider variety of survey
methods, by including different site types and visitor experiences from
those previously measured, and by increasing site type replication.

ADDRESSES: Interested persons are invited to submit written comments on
the proposed information collection to the Office of Information and
Regulatory Affairs, Office of Management and Budget. Comments should be
addressed to the attention of the Desk Officer, Department of
Transportation/FAA, and sent via electronic mail to oira_
<EMAIL_ADDRESS>or faxed to<PHONE_NUMBER>, or mailed to the
Office of Information and Regulatory Affairs, Office of Management and
Budget, Docket Library, Room 10102, 725 17th Street, NW., Washington,
DC 20503.
    Comments are invited on: Whether the proposed collection of
information

is necessary for the proper performance of the functions of the
Department, including whether the information will have practical
utility; the accuracy of the Department's estimates of the burden of
the proposed information collection; ways to enhance the quality,
utility, and clarity of the information to be collected; and ways to
minimize the burden of the collection of information on respondents,
including the use of automated collection techniques or other forms of
information technology.

    Issued in Washington, DC, on June 21, 2010.
Carla Scott,
FAA Information Collection Clearance Officer, IT Enterprises Business
Services Division, AES-200.
[FR Doc. 2010-15422 Filed 6-24-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: April 11, 2006 (Volume 71, Number 69)]
[Notices]
[Page 18307]
[DOCID:fr11ap06-71]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP06-296-000]

Kern River Gas Transmission Company; Notice of Report of Gas
Compressor Fuel and Lost and Unaccounted-For Gas Factors for 2005

April 5, 2006.
    Take notice that on March 31, 2006, Kern River Gas Transmission
Company tendered a report supporting its gas compressor fuel and lost
and unaccounted for gas factors for 2005.
    In conjunction with this filing, and in compliance with the
Commission's ``Order Issuing Certificate'' dated July 26, 2001,
pertaining to Kern River's 2002 expansion project, Kern River also is
submitting a work paper showing the 2005 system benefit to vintage
shippers of rolling in Kern River's 2002 expansion project after actual
fuel costs are considered.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the date as indicated
below. Anyone filing an intervention or protest must serve a copy of
that document on the Applicant. Anyone filing an intervention or
protest on or before the intervention or protest date need not serve
motions to intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible online at http://www.ferc.gov, using the

``eLibrary'' link and is 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 e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Intervention and Protest Date: 5 p.m. Eastern Time on April 12,
2006.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-5302 Filed 4-10-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: June 23, 2010 (Volume 75, Number 120)]
[Proposed Rules]
[Page 35720-35721]
[DOCID:fr23jn10-37]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R01-RCRA-2010-0468; FRL-9166-6]

Massachusetts: Final Authorization of State Hazardous Waste
Management Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Commonwealth of Massachusetts has applied to EPA for final
authorization of changes to its hazardous waste program under the
Resource Conservation and Recovery Act (RCRA). EPA proposes to grant
final authorization to Massachusetts. EPA has determined that these
changes satisfy all requirements needed to qualify for final
authorization, and is authorizing the State's changes through an
immediate final action.

DATES: Comments must be received on or before July 23, 2010.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
RCRA-2010-0468, by one of the following methods:
     http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>, to the attention of Robin Biscaia.
     Mail: Robin Biscaia, RCRA Waste Management Section, Office
of Site Remediation and Restoration (OSRR 07-1), EPA New England--
Region 1, 5 Post Office Square, Suite 100, Boston, MA 02109-3912.
     Hand Delivery or Courier: Deliver your comments to: Robin
Biscaia, RCRA Waste Management Section, Office of Site Restoration and
Remediation (OSRR 07-1), EPA New England--Region 1, 5 Post Office
Square, Suite 100, Boston, MA 02109-3912. Such deliveries are only
accepted during the Office's normal hours of operation, and special
arrangements should be made for deliveries of boxed information.

    For further information on how to submit comments, please see
today's immediate final rule published in the ``Rules and Regulations''
section of this Federal Register.

FOR FURTHER INFORMATION CONTACT: Robin Biscaia, RCRA Waste Management
Section, Office of Site Remediation and Restoration (OSRR 07-1), EPA
New England--Region 1, 5 Post Office Square, Suite 100, Boston, MA
02109-3912, telephone number:<PHONE_NUMBER>; fax number: (617) 918-
0642, e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the ``Rules and Regulations'' section of
this Federal Register, EPA is authorizing these changes by an immediate
final rule. EPA did not make a proposal prior to the immediate final
rule because we believe this action is not controversial and do not
expect adverse comments that oppose it. We have explained the reasons
for this authorization in the preamble to the immediate final rule.
Unless we get written adverse comments which oppose this authorization
during the comment period, the immediate final rule will become
effective on the date it establishes, and we will not take further
action on this proposal. If we get comments that oppose this action, we
will withdraw the immediate final rule and it will not take immediate
effect. We will then respond to public comments in a later final rule
based on this proposal. You may not have another opportunity for
comment. If you want to comment on this action, you should do so at
this time.

    Dated: June 8, 2010.
Ira W. Leighton,
Acting Regional Administrator, EPA New England.
[FR Doc. 2010-15256 Filed 6-22-10; 8:45 am]
BILLING CODE 6560-50-P


From:  <EMAIL_ADDRESS><EMAIL_ADDRESS>Sent: Friday, July 01, 2016 2:01 PM To:  Jones, DonnaLee<EMAIL_ADDRESS>Cc: <EMAIL_ADDRESS><EMAIL_ADDRESS><EMAIL_ADDRESS>Subject:  proposed ICR testing - AK Steel Middletown Works

Dr. Jones,

Per the Coke Ovens ICR Enclosure 2 requirement, please see attached proposed testing schedule for AK Steel Middletown Works.  If you have any questions, let me know.

Thanks,

Chris Potts Senior Environmental Engineer AK Steel Middletown Works office:<PHONE_NUMBER>  cell:<PHONE_NUMBER> fax:<PHONE_NUMBER>

<< AKS_Middletown_Proposed_Testing.pdf >>


PAPERWORK REDUCTION ACT SUBMISSION SAN 3449 Please read the instructions before completing this form. For additional forms or assistance in completing this form, contact your agency's Paperwork Clearance Officer. Send two copies of this form, the collection instrument to be reviewed, the Supporting Statement and any additional documentation to: Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street NW Washington, DC 20503.

1. Agency/ Subagency originating request U. S. EPA, Office of Air and Radiation 2. OMB control number b. X None a. __ __ __ __  __ __ __ __ 2060 3. Type of information collection ( check one) a. X New collection b. G Revision of a currently approved collection c. G Extension of a currently approved collection d. G Reinstatement, without change, of a previously approved collection for which approval has expired e. G Reinstatement, with change, of a previously approved collection for which approval has expired f. G Existing collection in use without an OMB control number 4. Type of review requested ( check one) a. X Regular b. G Emergency  Approval requested by: / / c. G Delegated 5. Small entities Will this information collection have a significant economic impact on a substantial number of small entities? G Yes X No For b f, note item A2 of Supporting Statement Instructions 6. Requested expiration date a. X Three years from approval date b. G Other Specify: / /___

7. Title NESHAP for Mercury Cell Chlor Alkali Plants ( Proposed Rule)

8. Agency form number( s) EPA ICR# 2046.01 9. Keywords Air emissions control, Chlorine production, End box ventilation system, Hazardous air pollutants, Hydrogen by product stream, Mercury cell chloralkali process, Mercury recovery process, Mercury Thermal Recovery Unit, Recordkeeping and reporting.

10. Abstract Respondents are owners and operators of mercury cell chlor alkali plants. Respondents would keep records and submit notifications and information to comply with the reporting and recordkeeping requirements of the proposed NESHAP. This information is needed by EPA to determine if compliance has been achieved.

11. Affected public ( Mark primary with " P" and all others that apply with " X") a. Individuals or households d. Farms b. P Business or other for profit e. Federal Government c. Not for profit institutions f. State, Local or Tribal Government 12. Obligation to respond ( Mark primary with " P" and all others that apply with " X") a. G Voluntary b. G Required to obtain or retain benefits c. P Mandatory 13. Annual reporting and recordkeeping hour burden a. Number of respondents 12 b. Total annual responses 12 1. Percentage of these responses collected electronically 0 % c. Total hours requested 1 d. Current OMB inventory 0 e. Difference 1 f. Explanation of difference 1. Program Change 1 2. Adjustment 0 14. Annual reporting and recordkeeping cost burden ( in thousands of dollars)

a. Total annualized capital/ startup costs $ 1 b. Total annual costs ( O& M) $ 1 c. Total annualized cost requested $ 2 d. Current OMB inventory 0 e. Difference $ 2 f. Explanation of difference 1. Program change $ 2 2. Adjustment 0 15. Purpose of information collection ( Mark Primary With " P" and all others that apply with " X") a. __ Application for benefits e. __ Program planning or management b. __ Program evaluation f. __ Research c. __ General purpose statistics g. P Regulatory or compliance d. __ Audit 16. Frequency of recordkeeping or reporting ( check all that apply) a. X Recordkeeping b. Q Third party disclosure c. X Reporting 1. X On occasion 2. Q Weekly 3. Q Monthly 4. Q Quarterly 5. X Semi annually 6. Q Annually 7. Q Biannually 8. Q Other ( describe) 17. Statistical methods Does this information collection employ statistical methods?

Q Yes X No 18. Agency contact ( person who can best answer questions regarding the content of this submission) Name: Iliam Rosario, EPA/ OAR/ OAQPS/ ESD/ MG Phone: ( 919) 541 5308 OMB 83 I 10/ 95 19. Certification for Paperwork Reduction Act Submissions On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9.

NOTE: The text of 5 CFR 1320.9, and the related provisions of 5 CFR 1320.8( b)( 3), appear at the end of the instructions. The certification is to be made with reference to those regulatory provisions as set forth in the instructions.

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

( a) It is necessary for the proper performance of agency functions;

( b) It avoids unnecessary duplication;

( c) It reduces burden on small entities;

( d) It uses plain, coherent, and unambiguous terminology that is understandable to respondents;

( e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

( f) It indicates the retention periods for recordkeeping requirements;

( g) It informs respondents of the information called for under 5 CFR 1320.8( b)( 3): ( I) Why the information is being collected; ( ii) Use of information; ( iii) Burden estimate; ( iv) Nature of response ( voluntary, required for a benefit, or mandatory); ( v) Nature and extent of confidentiality; and ( vi) Need to display currently valid OMB control number;

( h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected ( see note in Item 19 of the instructions);

( I) It uses effective and efficient statistical survey methodology; and ( j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item below and explain the reason in Item 18 of the Supporting Statement.

Signature of Program Official Date Signature of Senior Official or designee Director Collection Strategies Division Office of Environmental Information Date OMB 83 I 10/ 95