[Federal Register Volume 78, Number 115 (Friday, June 14, 2013)]
[Rules and Regulations]
[Pages 35749-35752]
[FR Doc No: 2013-13294]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1221; Directorate Identifier 2012-NM-151-AD;
Amendment 39-17474; AD 2013-11-14]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
The Boeing Company Model 777-200 and -300 series airplanes. This AD was
prompted by reports of hydraulic fluid contamination (including
contamination caused by hydraulic fluid in its liquid, vapor, and/or
solid (coked) form) found in the strut forward dry bay. This AD
requires repetitive general visual inspections of the strut forward dry
bay for the presence of hydraulic fluid, and related investigative and
corrective actions (including checking drain lines for blockage due to
hydraulic fluid coking, and cleaning or replacing drain lines to allow
drainage) if necessary. We are issuing this AD to detect and correct
hydraulic fluid contamination of the strut forward dry bay, which could
result in hydrogen embrittlement of the titanium forward engine mount
bulkhead fittings, and consequent inability of the fittings to carry
engine loads, resulting in engine separation. Hydraulic embrittlement
also could cause a through-crack formation across the fittings through
which an engine fire could breach into the strut, resulting in an
uncontained strut fire.

DATES: This AD is effective July 19, 2013.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of July 19,
2013.

ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management, P.
O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone<PHONE_NUMBER>,
extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com.
You may review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call 425-
227-1221.

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Kevin Nguyen, Aerospace Engineer,
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification
Office, 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-
6501; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM published in the Federal Register on December 4, 2012 (77 FR
71731). That NPRM proposed to require repetitive general visual
inspections of the strut forward dry bay for the presence of hydraulic
fluid, and related investigative and corrective actions if necessary.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the proposal
(77 FR 71731, December 4, 2012) and the FAA's response to each comment.

Concurrence With NPRM (77 FR 71731, December 4, 2012)

    Boeing concurred with the content of the NPRM (77 FR 71731,
December 4, 2012).

Request for Delegation of Repair Method Approval to Organization
Designation Authorization (ODA)

    All Nippon Airways Co., Ltd., (ANA) requested that we delegate the
approval for a repair method to the Boeing ODA in order to minimize the
downtime of the airplane. ANA noted that paragraph (h)(2) of the NPRM
(77 FR 71731, December 4, 2012) requires repair in accordance with a
method approved by the Seattle Aircraft Certification Office, while the
service information states to contact Boeing for repairs.
    We agree that approval of the repairs can be delegated to the
Boeing ODA for this AD. As stated in the NPRM (77 FR 71731, December 4,
2012), paragraph (i)(3) of the NPRM already specifies that an
alternative method of compliance (AMOC) may be used for any repair
required by this AD if it is approved by the Boeing Commercial
Airplanes ODA that has been authorized by the Manager, Seattle Aircraft
Certification Office, to make those findings. However, we have revised
paragraph (h)(2) of this AD to reference paragraph (i) of this AD for
repair approvals.

Request for Information

    Mark Sokolow requested that we provide information on which
airplanes the hydraulic fluid contamination occurred, and on which
flights. The commenter quoted an Open Government Directive issued by
the Office of Management and Budget on December 8, 2009, (http://www.whitehouse.gov/sites/default/files/omb/assets/memoranda_2010/m10-06.pdf), which presented a 60-day timetable to ``respect the
presumption of openness by publishing information online.'' The author
of that directive reminded agencies that government has defined
guidelines as to the objectivity of information, which focuses on
whether the ``disseminated information is being presented in an
accurate, clear, complete and unbiased manner. This involves whether
the information is being presented within a proper context.
(Guidelines, 2001, p. 8459).''
    We infer that the commenter is requesting information regarding
specific airplanes that originally exhibited the unsafe condition.
Boeing Special Attention Service Bulletin 777-54-0028, dated May 25,
2012, which is referenced in the NPRM (77 FR 71731, December 4, 2012),
identifies Model 777 airplanes that have accumulated approximately
9,900 to 29,000 flight cycles and 13,000 to 33,300 flight hours, as the
affected airplanes. However, individual operator data might be
considered proprietary; therefore, we do not publish individual
operator information of this type in ADs. No change has been made to
this AD in this regard.

Request for Identification of Repairs

    Mark Sokolow also requested that we delineate mechanical repairs
that can be completed to stop the hydraulic fluid contamination.
    We note that, at this time, a terminating action is not available.
The manufacturer is currently working on a terminating action; however,
the required inspections and any necessary cleaning or drain line
replacement adequately addresses the unsafe condition. If a terminating
action becomes available, we might consider further rulemaking at that
time. No change has been made to the AD in this regard.

Clarification of Terminology

    We have determined that an explanation of hydraulic fluid
contamination is needed for clarification purposes in this AD.
Hydraulic fluid contamination includes, but is not limited to,
contamination caused by hydraulic fluid in its liquid, vapor, and/or
solid (coked) form. Hydraulic fluid in any of these forms can be a
contaminant to the structure and its coating (primer, paint, leveling
compound, sealant, etc.) in the strut forward dry bay. Boeing has
confirmed that ``hydraulic fluid contamination'' used in the service
information is understood to be contamination caused by hydraulic fluid
in its liquid, vapor, and/or solid (coked) form. We have added this
clarification to the Summary section of the AD preamble and to
paragraphs (e) and (g) of this AD.

Clarification of Related Investigative and Corrective Actions

    We have included the parenthetical phrase, ``including checking
drain lines for blockage due to hydraulic fluid coking, and cleaning or
replacing drain lines to allow drainage'' to clarify the related
investigative and corrective actions specified in paragraph (g) of this
AD. Hydraulic fluid can enter the dry bay through the condensate drain
line which connects to the system disconnect box drain lines. The
system disconnect box drain hose can clog due to hydraulic fluid coking
in the drain lines, which allows hydraulic fluid to back up into the
strut forward dry bay through the condensate drain line. Although the
NPRM (77 FR 71731, December 4, 2012) describes these actions, we want
to emphasize the importance of these actions by including them in the
final rule.

Correction to Paragraph (c) of This AD

    We have corrected the series designation of the engine to Pratt &
Whitney ``PW4000'' series engines in paragraph (c) of this AD.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
the AD with the changes described previously

and minor editorial changes. We have determined that these minor
changes:
     Are consistent with the intent that was proposed in the
NPRM (77 FR 71731, December 4, 2012) for correcting the unsafe
condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (77 FR 71731, December 4, 2012).
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of the AD.

Costs of Compliance

    We estimate that this AD affects 55 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
             Action                    Labor cost         Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Repetitive general visual         5 work-hours x $85               $0   $425 per inspection  $23,375 per
 inspections.                      per hour = $425                       cycle.               inspection cycle.
                                   per inspection
                                   cycle.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any actions that would be
required based on the results of the inspection. We have no way of
determining the number of aircraft that might need these actions.

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Detailed inspection...........................  8 work-hours x $85 per hour =                 $0            $680
                                                 $680.
Check drain lines (including cleaning or        5 work-hours x $85 per hour =                  0             425
 replacing).                                     $425.
Detailed inspection and high frequency eddy     8 work-hours x $85 per hour =                  0             680
 current inspection.                             $680.
Clean and restore sealant, primer and leveling  8 work-hours x $85 per hour =                  0             680
 compound.                                       $680.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide
a cost estimate for the on-condition repair specified in this AD.
    According to the manufacturer, some of the costs of this AD may be
covered under warranty, thereby reducing the cost impact on affected
individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.

Authority for This Rulemaking

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

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2013-11-14 The Boeing Company: Amendment 39-17474; Docket No. FAA-
2012-1221; Directorate Identifier 2012-NM-151-AD.

(a) Effective Date

    This AD is effective July 19, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 777-200 and -300
series airplanes; certificated in any category; equipped with Pratt
& Whitney PW4000 series engines; as identified in Boeing Special
Attention Service Bulletin 777-54-0028, dated May 25, 2012.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by reports of hydraulic fluid contamination
(including contamination caused by hydraulic fluid in its liquid,
vapor, and/or solid (coked) form) found in the strut forward dry
bay. We are issuing this AD to detect and correct hydraulic fluid
contamination of the strut forward dry bay, which could result in
hydrogen embrittlement of the titanium forward engine mount bulkhead
fittings, and consequent inability of the fittings to carry engine
loads, resulting in engine loss. Hydraulic embrittlement also could
cause a through-crack formation across the fittings through which an
engine fire could breach into the strut, resulting in an uncontained
strut fire.

(f) Compliance

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

(g) Inspection

    Except as provided by paragraph (h)(1) of this AD, at the times
specified in paragraph 1.E., ``Compliance,'' of Boeing Special
Attention Service Bulletin 777-54-0028, dated May 25, 2012: Do a
general visual inspection for hydraulic fluid contamination
(including contamination caused by hydraulic fluid in its liquid,
vapor, and/or solid (coked) form) of the interior of the strut
forward dry bay, and do all applicable related investigative and
corrective actions (including checking drain lines for blockage due
to hydraulic fluid coking, and cleaning or replacing drain lines to
allow drainage) if necessary, in accordance with the Accomplishment
Instructions of Boeing Special Attention Service Bulletin 777-54-
0028, dated May 25, 2012, except as required by paragraph (h)(2) of
this AD. Repeat the inspection thereafter at the times specified in
paragraph 1.E., ``Compliance,'' of Boeing Special Attention Service
Bulletin 777-54-0028, dated May 25, 2012. Except as required by
paragraph (h)(3) of this AD, do all applicable related investigative
and corrective actions at the times specified in paragraph 1.E.,
``Compliance,'' of Boeing Special Attention Service Bulletin 777-54-
0028, dated May 25, 2012.

(h) Exceptions to the Service Information

    (1) Where the Compliance time column of paragraph 1.E.,
``Compliance,'' of Boeing Service Bulletin 777-54-0028, dated May
25, 2012, refers to the compliance time ``after the original issue
date of this service bulletin,'' this AD requires compliance within
the specified compliance time after the effective date of this AD.
    (2) Where Boeing Special Attention Service Bulletin 777-54-0028,
dated May 25, 2012, specifies to contact Boeing for repair: Except
as required by paragraph (h)(3) of this AD, at the applicable times
specified in paragraph 1.E., ``Compliance,'' of Boeing Special
Attention Service Bulletin 777-54-0028, dated May 25, 2012, repair,
using a method approved in accordance with the procedures specified
in paragraph (i) of this AD.
    (3) Where paragraph 1.E., ``Compliance,'' of Boeing Special
Attention Service Bulletin 777-54-0028, dated May 25, 2012,
specifies a compliance time of ``within 25 flight-cycles or 10 days,
whichever occurs first,'' this AD requires compliance within 25
flight cycles or 10 days after the most recent inspection required
by paragraph (g) of this AD, whichever occurs first.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in the Related Information
section of this AD. Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD if it is approved by the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that has been authorized by the Manager, Seattle ACO, to make
those findings. For a repair method to be approved, the repair must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.

(j) Related Information

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

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Special Attention Service Bulletin 777-54-0028, dated
May 25, 2012.
    (ii) Reserved.
    (3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P. O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com.
    (4) You may view this service information at FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
    (5) You may view this 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/cfr/ibr-locations.html.

    Issued in Renton, Washington, on May 24, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-13294 Filed 6-13-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 124 (Thursday, June 29, 2023)]
[Notices]
[Pages 42066-42067]
[FR Doc No: 2023-13879]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2009-0136; FRL-11049-01-OCSPP]

Pesticide Registration Review; Sulfuryl Fluoride Revised
Mitigation and Response to Comments on the Draft Interim Re-Entry
Mitigation Measures Memorandum; Notice of Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the availability of EPA's Sulfuryl
Fluoride Revised Mitigation and Response to Comments on the Draft
Interim Re-Entry Mitigation Measures Memorandum, which is being issued
to address human health concerns and in response to EPA's Office of
Inspector General 2016 (OIG) Report, Additional Measures Can Be Taken
to Prevent Deaths and Serious Injuries from Residential Fumigations
(No. 17-P-0053). Sulfuryl flouride is currently in registration review
which is EPA's periodic review of pesticide registrations to ensure
that each pesticide continues to satisfy the statutory standard for
registration, that is, that the pesticide can perform its intended
function without causing unreasonable adverse effects on human health
or the environment. Through this program, EPA is ensuring that each
pesticide's registration is based on current scientific and other
knowledge, including its effects on human health and the environment.
EPA may pursue mitigation at any time during the registration review
process if it finds that a pesticide poses unreasonable adverse effects
to human health or the environment. EPA believes that the mitigation
measures outlined in the Sulfuryl Fluoride Revised Mitigation and
Response to Comments on the Draft Interim Re-Entry Mitigation Measures
Memorandum are necessary to address identified human health risk
concerns from the use of sulfuryl fluoride as a structural fumigant in
residential use sites.

ADDRESSES: The docket for this action, identified under docket
identification (ID) number EPA-HQ-OPP-2009-0136, is available online at
https://www.regulations.gov. Additional instructions on visiting the
docket,

along with more information about dockets generally, is available at
https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: For pesticide specific information
contact: Moana Appleyard, Pesticide Re-Evaluation Division (7508P),
Office of Pesticide Programs, Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number:
(202) 566-2220; email address: [email protected].
    For general questions on the registration review program, contact:
Melanie Biscoe, Pesticide Re-Evaluation Division (7508P), Office of
Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania
Ave. NW, Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>;
email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general and may be of
interest to a wide range of stakeholders including environmental and
human health advocates; the chemical industry; pesticide users; and
members of the public interested in the sale, distribution, or use of
pesticides. Since others also may be interested, the Agency has not
attempted to describe all the specific entities that may be affected by
this action. If you have any questions regarding the applicability of
this action to a particular entity, consult the Chemical Review Manager
listed under FOR FURTHER INFORMATION CONTACT.

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

    The docket for this action, identified by docket identification
(ID) number EPA-HQ-OPP-2009-0136, is available at https://www.regulations.gov.

II. Background

    Registration review is EPA's periodic review of pesticide
registrations to ensure that each pesticide continues to satisfy the
statutory standard for registration, that is, the pesticide can perform
its intended function without unreasonable adverse effects on human
health or the environment. The sulfuryl flouride decision document,
which is ahead of the typical mitigation phase of Registration Review,
is in response to the EPA Office of the Inspector General's (OIG) 2016
report entitled Additional Measures Can Be Taken to Prevent Deaths and
Serious Injuries From Residential Fumigations (available at: https://www.epa.gov/sites/production/files/2016-12/documents/_epaoig_20161212-17-p-0053.pdf). The Agency issued the Sulfuryl Fluoride Draft Interim
Re-Entry Mitigation Measures in May 2021 for public comment. During the
comment period, comments were received that resulted in changes to the
Agency's mitigation decision, including revising the aeration
procedures. The purpose of the Sulfuryl Fluoride Revised Mitigation and
Response to Comments on the Draft Interim Re-Entry Mitigation Measures
Memorandum is to announce the final risk mitigation measures to address
these recommendations from the OIG Report and provide responses to the
comments received on the draft interim risk mitigation measures. EPA
expects that the implementation of the mitigation measures described in
this risk mitigation document will allow sulfuryl fluoride products to
remain available to users while addressing the recommendations from the
OIG report.
    Once all the risk assessments are completed for all the uses of
sulfuryl fluoride, EPA may propose additional mitigation to address
potential risks, as part of the normal registration review process. EPA
will solicit public input on any additional risk mitigation in a
Proposed Interim Decision (PID). Through the registration review
program, EPA is ensuring that each pesticide's registration is based on
current scientific and other knowledge, including its effects on human
health and the environment.

III. Authority

    EPA is conducting its registration review of the sulfuryl fluoride
documents listed in Unit IV pursuant to section 3(g) of the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Procedural
Regulations for Registration Review at 40 CFR part 155, subpart C.
Section 3(g) of FIFRA provides, among other things, that the
registrations of pesticides are to be reviewed every 15 years. Under
FIFRA, a pesticide product may be registered or remain registered only
if it meets the statutory standard for registration given in FIFRA
section 3(c)(5) (7 U.S.C. 136a(c)(5)). When used in accordance with
widespread and commonly recognized practice, the pesticide product must
perform its intended function without unreasonable adverse effects on
the environment; that is, without any unreasonable risk to man or the
environment, or a human dietary risk from residues that result from the
use of a pesticide in or on food.

IV. What action is the Agency taking?

    Pursuant to 40 CFR 155.58, this notice announces the availability
of EPA's Sulfuryl Fluoride Revised Mitigation and Response to Comments
on the Draft Interim Re-Entry Mitigation Measures, to finalize the
Agency's early mitigation in response to the OIG Report.
    As provided in 40 CFR 155.58, the registration review docket for
each pesticide case will remain publicly accessible through the
duration of the registration review process; that is, until all actions
required in the final decision on the registration review case have
been completed. Background on the registration review program is
provided at: https://www.epa.gov/pesticide-reevaluation.
    Authority: 7 U.S.C. 136 et seq.

    Dated: June 26, 2023.
Mary Elissa Reaves,
Director, Pesticide Re-Evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2023-13879 Filed 6-28-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: April 29, 2010 (Volume 75, Number 82)]
[Notices]
[Page 22663-22668]
[DOCID:fr29ap10-130]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61954; File No. SR-NYSEArca-2010-22]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
of Proposed Rule Change Relating to Listing of the Teucrium Corn Fund

April 21, 2010.
    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 March 31, 2010, NYSE Arca, Inc. (``Exchange'' or ``NYSE
Arca'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change 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 shares of the Teucrium Corn
Fund under NYSE Arca Equities Rule 8.200. The text of the proposed rule
change is available at the Exchange, the Commission's Public Reference
Room, and http://www.nyse.com.

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 those 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 parts of such statements.

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

1. Purpose
    NYSE Arca Equities Rule 8.200, Commentary .02 permits the trading
of Trust Issued Receipts (``TIRs'') either by listing or pursuant to
unlisted trading privileges (``UTP'').\3\ The Exchange proposes to list
and trade shares (``Shares'') of the Teucrium Corn Fund (``Fund'')
pursuant to NYSE Arca Equities Rule 8.200.
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    \3\ Commentary .02 to NYSE Arca Equities Rule 8.200 applies to
TIRs that invest in ``Financial Instruments''. The term ``Financial
Instruments,'' as defined in Commentary .02(b)(4) to NYSE Arca
Equities Rule 8.200, means any combination of investments, including
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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    The Exchange notes that the Commission has previously approved the
listing and trading of other issues of Trust Issued Receipts on the
American Stock Exchange LLC,\4\ trading on NYSE Arca pursuant to
unlisted trading privileges (``UTP''),\5\ and listing on NYSE Arca.\6\
In addition, the Commission has approved other exchange-traded fund-
like products linked to the performance of underlying commodities.\7\
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    \4\ See, e.g., Securities Exchange Act Release No. 58161 (July
15, 2008), 73 FR 42380 (July 21, 2008) (SR-Amex-2008-39).
    \5\ See, e.g., Securities Exchange Act Release No. 58163 [sic]
(July 15, 2008), 73 FR 42391 (July 21, 2008) (SR-NYSEArca-2008-73).
    \6\ See, e.g., Securities Exchange Act Release No. 58457
(September 3, 2008), 73 FR 52711 (September 10, 2008) (SR-NYSEArca-
2008-91).
    \7\ See, e.g., Securities Exchange Act Release Nos. 57456 (March
7, 2008), 73 FR 13599 (March 13, 2008) (SR-NYSEArca-2007-91) (order
granting accelerated approval for NYSE Arca listing the iShares GS
Commodity Trusts); 59781 (April 17, 2009), 74 FR 18771 (April 24,
2009) (SR-NYSEArca-2009-28) (order granting accelerated approval for
NYSE Arca listing the ETFS Silver Trust); 59895 (May 8, 2009), 74 FR
22993 (May 15, 2009) (SR-NYSEArca-2009-40) (order granting
accelerated approval for NYSE Arca listing the ETFS Gold Trust);
61219 (December 22, 2009), 74 FR 68886 (December 29, 2009) (order
approving listing on NYSE Arca of the ETFS Platinum Trust).
---------------------------------------------------------------------------

Overview of the Fund
    The Shares represent beneficial ownership interests in the Fund, as
described in the Registration Statement for the Fund.\8\ The Fund is a
commodity pool that is a series of the Teucrium Commodity Trust
(``Trust''), a Delaware statutory trust. The Fund is managed and
controlled by Teucrium Trading, LLC (``Sponsor''). The Sponsor is a
Delaware limited liability company that is registered as a commodity
pool operator (``CPO'') with the Commodity Futures Trading Commission
(``CFTC'') and is a member of the National Futures Association.
---------------------------------------------------------------------------

    \8\ See Amendment No. 3 to the Registration Statement on Form S-
1 for Teucrium Commodity Trust, dated March 29, 2010 (File No. 333-
162033) (``Registration Statement''). The discussion herein relating
to the Trust and the Shares is based on the Registration Statement.
---------------------------------------------------------------------------

    According to the Registration Statement, the investment objective
of the Fund is to have the daily changes in percentage terms of the
Fund's net asset value (``NAV'') per Share reflect the daily changes in
percentage terms of a weighted average of the closing settlement prices
for three futures contracts for corn (``Corn Futures Contracts'') that
are traded on the Chicago Board of Trade (``CBOT''), specifically (1)
The second-to-expire CBOT Corn Futures Contract, weighted 35%, (2) the
third-to-expire CBOT Corn Futures Contract, weighted 30%, and (3) the
CBOT Corn Futures Contract expiring in the December following the
expiration month of the third-to-expire contract, weighted 35%, less
the Fund's expenses.\9\ (This weighted average of the

three referenced Corn Futures Contracts is referred to herein as the
``Benchmark,'' and the three Corn Futures Contracts that at any given
time make up the Benchmark are referred to herein as the ``Benchmark
Component Futures Contracts.'')\10\
---------------------------------------------------------------------------

    \9\ Corn Futures Contracts traded on the CBOT expire on a
specified day in five different months: March, May, July, September
and December. In terms of the Benchmark, in June of a given year,
the next-to-expire or ``spot month'' Corn Futures Contract will
expire in July of that year, and the Benchmark Component Futures
Contracts will be the contracts expiring in September of that year
(the second-to-expire contract), December of that year (the third-
to-expire contract), and December of the following year. In November
of a given year, the Benchmark Component Futures Contracts will be
the contracts expiring in March, May and December of the following
year.
    \10\ Corn futures volume on CBOT for 2008 and 2009 (through
November 30, 2009) was 59,934,739 contracts and 47,754,866
contracts, respectively. As of March 16, 2010, CBOT open interest
for corn futures was 1,118,103 contracts, and open interest for near
month futures was 447,554 contracts. The contract price was
$18,337.50 ($3.6675 per bushel and 5,000 bushels per contract). The
approximate value of all outstanding contracts was $20.5 billion.
The position limits for all months is 22,000 contracts and the total
value of contracts if position limits were reached would be
approximately $403.5 million (based on the $18,337.50 contract
price). As of March 16, 2010, open interest in corn swaps cleared on
the CBOT was approximately 2,100 contracts, with an approximate
value of $38.5 million. Corn futures and options are also traded on
NYSE Liffe and corn futures are traded on the Tokyo Grain Exchange.
---------------------------------------------------------------------------

    The Fund seeks to achieve its investment objective by investing
under normal market conditions in Benchmark Component Futures Contracts
or, in certain circumstances, in other Corn Futures Contracts traded on
the CBOT or on foreign exchanges. In addition, and to a limited extent,
the Fund also may invest in corn-based swap agreements that are cleared
through the CBOT or its affiliated provider of clearing services
(``Cleared Corn Swaps'') in furtherance of the Fund's investment
objective. Once position limits in Corn Futures Contracts are
applicable, the Fund's intention is to invest first in Cleared Corn
Swaps to the extent permitted by the position limits applicable to
Cleared Corn Swaps and appropriate in light of the liquidity in the
Cleared Corn Swap market, and then in contracts and instruments such as
cash-settled options on Corn Futures Contracts and forward contracts,
swaps other than Cleared Corn Swaps, and other over-the-counter
transactions that are based on the price of corn and Corn Futures
Contracts (collectively, ``Other Corn Interests,'' and together with
Corn Futures Contracts and Cleared Corn Swaps, ``Corn Interests''). By
utilizing certain or all of these investments, the Sponsor will
endeavor to cause the Fund's performance, before taking Fund expenses
and any interest income from the cash, cash equivalents and U.S.
Treasury securities held by the Fund into account, to closely track
that of the Benchmark. The Sponsor expects to manage the Fund's
investments directly, although it has been authorized by the Trust to
retain, establish the terms of retention for, and terminate third-party
commodity trading advisors to provide such management. The Sponsor is
also authorized to select futures commission merchants to execute the
Fund's transactions in Corn Futures Contracts.
    The Fund's positions in Corn Interests will be changed or
``rolled'' on a regular basis in order to track the changing nature of
the Benchmark. For example, five times a year (on the date on which a
Corn Futures Contract expires), the second-to-expire Corn Futures
Contract will become the next-to-expire Corn Futures Contract and will
no longer be a Benchmark Component Futures Contract, and the Fund's
investments will have to be changed accordingly. In order that the
Fund's trading does not cause unwanted market movements and to make it
more difficult for third parties to profit by trading based on such
expected market movements, the Fund's investments typically will not be
rolled entirely on that day, but rather will typically be rolled over a
period of several days.
    Consistent with achieving the Fund's investment objective of
closely tracking the Benchmark, the Sponsor may for certain reasons
cause the Fund to enter into or hold Corn Futures Contracts other than
the Benchmark Component Futures Contracts, Cleared Corn Swaps and/or
Other Corn Interests. Certain Cleared Corn Swaps have standardized
terms similar to, and are priced by reference to, a corresponding
Benchmark Component Futures Contract. Other Corn Interests that do not
have standardized terms and are not exchange-traded, referred to as
``over-the-counter'' Corn Interests, can generally be structured as the
parties to the Corn Interest contract desire. Therefore, the Fund could
enter into multiple Cleared Corn Swaps and/or over-the-counter Corn
Interests intended to exactly replicate the performance of each of the
three Benchmark Component Futures Contracts, or a single over-the-
counter Corn Interest designed to replicate the performance of the
Benchmark as a whole. Assuming that there is no default by a
counterparty to an over-the-counter Corn Interest, the performance of
the Corn Interest will necessarily correlate exactly with the
performance of the Benchmark or the applicable Benchmark Component
Futures Contract.\11\ The Fund could also enter into or hold Corn
Interests other than Benchmark Component Futures Contracts to
facilitate effective trading, consistent with the discussion of the
Fund's ``roll'' strategy in the preceding paragraph. In addition, the
Fund might also enter into or hold Corn Interests that would be
expected to alleviate overall deviation between the Fund's performance
and that of the Benchmark that may result from certain market and
trading inefficiencies or other reasons.
---------------------------------------------------------------------------

    \11\ According to the Registration Statement, the Fund faces the
risk of non-performance by the counterparties to over-the-counter
contracts. Unlike in futures contracts, the counterparty to these
contracts is generally a single bank or other financial institution,
rather than a clearing organization backed by a group of financial
institutions. As a result, there will be greater counterparty credit
risk in these transactions.
---------------------------------------------------------------------------

    The Fund invests in Corn Interests to the fullest extent possible
without being leveraged or unable to satisfy its expected current or
potential margin or collateral obligations with respect to its
investments in Corn Interests.\12\ After fulfilling such margin and
collateral requirements, the Fund will invest the remainder of its
proceeds from the sale of baskets in short-term obligations of the
United States government (``Treasury Securities'') or cash equivalents,
and/or merely hold such assets in cash (generally in interest-bearing
accounts). Therefore, the focus of the Sponsor in managing the Fund is
investing in Corn Interests and in Treasury Securities, cash and/or
cash equivalents. The Fund will earn interest income from the Treasury
Securities and/or cash equivalents that it purchases and on the cash it
holds through the Fund's custodian, the Bank of New York Mellon (the
``Custodian'').
---------------------------------------------------------------------------

    \12\ The Sponsor represents that the Fund will invest in Corn
Interests in a manner consistent with the Fund's investment
objective and not to achieve additional leverage.
---------------------------------------------------------------------------

    The Sponsor endeavors to place the Fund's trades in Corn Interests
and otherwise manage the Fund's investments so that the Fund's average
daily tracking error against the Benchmark will be less than 10 percent
over any period of 30 trading days. More specifically, the Sponsor will
endeavor to manage the Fund so that A will be within plus/minus 10
percent of B, where A is the average daily change in the Fund's NAV for
any period of 30 successive valuation days, i.e., any trading day as of
which the Fund calculates its NAV, and B is the average daily change in
the Benchmark over the same period.
    According to the Registration Statement, the Sponsor believes that
market arbitrage opportunities will

cause the Fund's Share price on the NYSE Arca to closely track the
Fund's NAV per share. The Sponsor believes that the net effect of this
expected relationship and the expected relationship described above
between the Fund's NAV and the Benchmark will be that the changes in
the price of the Fund's Shares on the NYSE Arca will closely track, in
percentage terms, changes in the Benchmark, less the Fund's expenses.
    According to the Registration Statement, the Sponsor employs a
``neutral'' investment strategy intended to track the changes in the
Benchmark regardless of whether the Benchmark goes up or goes down. The
Fund's ``neutral'' investment strategy is designed to permit investors
generally to purchase and sell the Fund's Shares for the purpose of
investing indirectly in the corn market in a cost-effective manner.
Such investors may include participants in the corn industry and other
industries seeking to hedge the risk of losses in their corn-related
transactions, as well as investors seeking exposure to the corn market.
    The Fund creates and redeems Shares only in blocks of 100,000
Shares called Creation Baskets and Redemption Baskets, respectively.
Only Authorized Purchasers may purchase or redeem Creation Baskets or
Redemption Baskets.
    All proceeds from the sale of Creation Baskets will be invested in
the investments described in the Registration Statement no more than
three business days after the initial Creation Basket is sold.
Investments are held through the Fund's Custodian in accounts with the
Fund's commodity futures brokers or in collateral accounts with respect
to over-the-counter Corn Interests. There is no stated maximum time
period for the Fund's operations and the Fund will continue until all
Shares are redeemed or the Fund is liquidated pursuant to the terms of
the Trust Agreement. In addition, the Custodian also serves as
Administrator for the Fund, performing certain administrative and
accounting services and preparing certain Commission and CFTC reports
on behalf of the Fund.
    The Sponsor does not currently intend to purchase and sell corn in
the ``spot market'' for the Fund. In addition, the Sponsor does not
currently intend that the Fund will enter into or hold spot month Corn
Futures Contracts, except that spot month contracts that were formerly
second-to-expire contracts may be held for a brief period until they
can be disposed of in accordance with the Fund's roll strategy.
    According to the Registration Statement, position limits and daily
price fluctuation limits set by the CFTC and the futures exchanges have
the potential to cause tracking error, which could cause the price of
Shares to substantially vary from the Benchmark and prevent investors
from being able to effectively use the Fund as a way to hedge against
corn-related losses or as a way to indirectly invest in corn.
    According to the Registration Statement, the CFTC and U.S.
designated contract markets such as the CBOT may establish position
limits on the maximum net long or net short futures contracts in
commodity interests that any person or group of persons under common
trading control (other than as a hedge) may hold, own or control. For
example, the current position limits for investments at any one time in
the Corn Futures Contracts traded on CBOT are 600 spot month contracts,
13,500 contracts expiring in any other single month, and 22,000 total
for all months. These position limits are fixed ceilings that the Fund
would not be able to exceed without specific CFTC authorization.
    In addition to position limits, the futures exchanges set daily
price fluctuation limits on futures contracts. The daily price
fluctuation limit establishes the maximum amount that the price of
futures contracts may vary either up or down from the previous day's
settlement price. Once the daily price fluctuation limit has been
reached in a particular futures contract, no trades may be made at a
price beyond that limit.
    The Fund does not intend to limit the size of the offering and will
attempt to utilize substantially all of its proceeds to purchase Corn
Interests. If the Fund encounters position limits, accountability
levels, or price fluctuation limits for Corn Futures Contracts on the
CBOT, it may then, if permitted under applicable regulatory
requirements, purchase Other Corn Interests and/or Corn Futures
Contracts listed on foreign exchanges. The Corn Futures Contracts
available on such foreign exchanges may have different underlying
sizes, deliveries, and prices. In addition, the Corn Futures Contracts
available on these exchanges may be subject to their own position
limits and accountability levels. In certain circumstances, however,
position limits could force the Fund to limit the number of Creation
Baskets that it sells.
    The Fund will meet the initial and continued listing requirements
applicable to Trust Issued Receipts in NYSE Arca Equities Rule 8.200
and Commentary .02 thereto. With respect to application of Rule 10A-3
\13\ under the Act, the Trust relies on the exception contained in Rule
10A-3(c)(7).\14\ A minimum of 100,000 Shares will be outstanding as of
the start of trading on the Exchange.
---------------------------------------------------------------------------

    \13\ 17 CFR 240.10A-3.
    \14\ 17 CFR 240.10A-3(c)(7).
---------------------------------------------------------------------------

    A more detailed description of Corn Interests and other aspects of
the corn and Corn Interest markets, as well as investment risks, are
set forth in the Registration Statement. All terms relating to the Fund
that are referred to, but not defined in, this proposed rule change are
defined in the Registration Statement.
Availability of Information Regarding the Shares
    The Web site for the Fund (http://www.teucriumcornfund.com) 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 and the reported closing price; (b) the
midpoint of the bid-ask price in relation to the NAV as of the time the
NAV is calculated (the ``Bid-Ask Price''); (c) calculation of the
premium or discount of such price against such NAV; (d) the bid-ask
price of Shares determined using the highest bid and lowest offer as of
the time of calculation of the NAV; (e) data in chart form displaying
the frequency distribution of discounts and premiums of the Bid-Ask
Price against the NAV, within appropriate ranges for each of the four
(4) previous calendar quarters; (f) the prospectus; and (g) other
applicable quantitative information. The Fund will also disseminate
Fund holdings on a daily basis on the Fund's Web site.
    The NAV for the Fund will be calculated by the Administrator once a
day and will be disseminated daily to all market participants at the
same time. The Exchange also will disseminate on a daily basis via the
Consolidated Tape Association (``CTA'') information with respect to
recent NAV, and shares outstanding. The Exchange will also make
available on its Web site daily trading volume of each of the Shares,
closing prices of such Shares, and the corresponding NAV. The closing
price and settlement prices of the Corn Futures Contracts are also
readily available from the CBOT, automated quotation systems, published
or other public sources, or on-line information services such as
Bloomberg or Reuters. The Benchmark will be disseminated by one or more
major market data vendors every 15 seconds during the NYSE Arca Core
Trading Session of 9:30 a.m. to 4

p.m. Eastern Time (``E.T.''). Quotation and last-sale information
regarding the Shares will be disseminated through the facilities of the
CTA. In addition, the Exchange will provide a hyperlink on its Web site
at http://www.nyx.com to the Fund's Web site at http://
www.teucriumcornfund.com, which will display all intraday and closing
Benchmark levels, the intraday Indicative Trust Value (see below), and
NAV.
    The daily settlement prices for the Corn Futures Contracts held by
the Fund are publicly available on the Web site of the CBOT (http://
www.cmegroup.com). In addition, various data vendors and news
publications publish futures prices and data. The Exchange represents
that quotation and last sale information for the Corn Futures Contracts
are widely disseminated through a variety of major market data vendors
worldwide, including Bloomberg and Reuters. In addition, the Exchange
further represents that complete real-time data for the Corn Futures
Contracts is available by subscription from Reuters and Bloomberg. The
CBOT also provides delayed futures information on current and past
trading sessions and market news free of charge on its Web site. The
specific contract specifications for the futures contracts are also
available at CBOT's Web site, as well as other financial informational
sources. The spot price of corn also is available on a 24-hour basis
from major market data vendors.
    The Fund will provide Web site disclosure of portfolio holdings
daily and will include, as applicable, the names, quantity, price and
market value of Financial Instruments and the characteristics of such
instruments and cash equivalents, and amount of cash held in the
portfolio of the Fund. This Web site disclosure of the portfolio
composition of the Fund will occur at the same time as the disclosure
by the Sponsor of the portfolio composition to Authorized Purchasers 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 Purchasers. Accordingly, each investor will have
access to the current portfolio composition of the Fund through the
Fund's Web site.
Dissemination of Indicative Trust Value
    In addition, in order to provide updated information relating to
the Fund for use by investors and market professionals, an updated
Indicative Trust Value (``ITV'') will be calculated. The ITV is
calculated by using the prior day's closing NAV per share of the Fund
as a base and updating that value throughout the trading day to reflect
changes in the value of the Benchmark Component Futures Contracts. As
stated in the Registration Statement, changes in the value of over-the-
counter Corn Interests, Treasury Securities and cash equivalents will
not be included in the calculation of the ITV. The ITV disseminated
during NYSE Arca trading hours should not be viewed as an actual real
time update of the NAV, which is calculated only once a day.
    The ITV will be disseminated on a per Share basis by one or more
major market data vendors every 15 seconds during the NYSE Arca Core
Trading Session. The normal trading hours for Corn Futures Contracts on
the CBOT are 10:30 a.m. to 2:15 p.m. E.T. The ITV will not be updated,
and, therefore, a static ITV will be disseminated, between the close of
trading on CBOT of Corn Futures Contracts and the close of the NYSE
Arca Core Trading Session. The value of a Share may be influenced by
non-concurrent trading hours between NYSE Arca and the CBOT when the
Shares are traded on NYSE Arca after normal trading hours of Corn
Futures Contracts on CBOT.
    The Exchange believes that dissemination of the ITV provides
additional information regarding the Fund that is not otherwise
available to the public and is useful to professionals and investors in
connection with the related Shares trading on the Exchange or the
creation or redemption of such Shares.
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. Shares will trade on
the NYSE Arca Marketplace from 4 a.m. to 8 p.m. E.T. The Exchange has
appropriate rules to facilitate transactions in the Shares during all
trading sessions. The minimum trading increment for Shares on the
Exchange will be $0.01.
    The trading of the Shares will be subject to NYSE Arca Equities
Rule 8.200, Commentary .02(e), which sets forth certain restrictions on
ETP Holders acting as registered Market Makers in Trust Issued Receipts
to facilitate surveillance. See ``Surveillance'' below for more
information.
    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 futures contracts, or
(2) whether other unusual conditions or circumstances detrimental to
the maintenance of a fair and orderly market are present. In addition,
trading in Shares will be subject to trading halts caused by
extraordinary market volatility pursuant to the Exchange's ``circuit
breaker'' rule \15\ or by the halt or suspension of trading of the
underlying futures contracts.
---------------------------------------------------------------------------

    \15\ See NYSE Arca Equities Rule 7.12.
---------------------------------------------------------------------------

    The Exchange represents that the Exchange may halt trading during
the day in which the interruption to the dissemination of the ITV or
the value of the underlying futures contracts occurs. If the
interruption to the dissemination of the ITV or the value of the
underlying futures contracts 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. In addition, if the
Exchange becomes aware that the NAV with respect to the Shares is not
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.
Surveillance
    The Exchange intends to utilize its existing surveillance
procedures applicable to derivative products, including Trust Issued
Receipts, 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, the physical
commodities included in, or options, futures or options on futures on,
Shares through ETP Holders, in connection with such ETP Holders'
proprietary or customer trades which they effect on any relevant
market. The Exchange can obtain market surveillance information,
including customer identity information, with

respect to transactions occurring on the CBOT in that CBOT is a member
of the Intermarket Surveillance Group (``ISG''). A list of ISG members
is available at http://www.isgportal.org.\16\
---------------------------------------------------------------------------

    \16\ The Exchange notes that not all Corn Interests may trade on
markets that are members of ISG or with which the Exchange has in
place a comprehensive surveillance sharing agreement.
---------------------------------------------------------------------------

    In addition, with respect to Fund assets traded on exchanges, not
more than 10% of the weight of such assets in the aggregate shall
consist of components whose principal trading market is not a member of
ISG or is a market with which the Exchange does not have a
comprehensive surveillance sharing agreement.
    The Exchange also has a general policy prohibiting the distribution
of material, non-public information by its employees.
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. Specifically, the
Information Bulletin will discuss the following: (1) The risks involved
in trading the Shares during the Opening and Late Trading Sessions when
an updated ITV will not be calculated or publicly disseminated; (2) the
procedures for purchases and redemptions of Shares in Creation Baskets
and Redemption Baskets (and that Shares are not individually
redeemable); (3) NYSE Arca Equities Rule 9.2(a), which imposes a duty
of due diligence on its ETP Holders to learn the essential facts
relating to every customer prior to trading the Shares; (4) how
information regarding the ITV is disseminated; (5) 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 (6) trading information.
    In addition, the Information Bulletin will advise ETP Holders,
prior to the commencement of trading, of the prospectus delivery
requirements applicable to the Fund. The Exchange notes that investors
purchasing Shares directly from the Fund will receive a prospectus. ETP
Holders purchasing Shares from the Fund for resale to investors will
deliver a prospectus to such investors. The Information Bulletin will
also discuss any exemptive, no-action and interpretive relief granted
by the Commission from any rules under the Act.
    In addition, the Information Bulletin will reference that the Fund
is subject to various fees and expenses described in the Registration
Statement. The Information Bulletin will also reference that the CFTC
has regulatory jurisdiction over the trading of Corn Futures Contracts
traded on U.S. markets.
    The Information Bulletin will also disclose the trading hours of
the Shares of the Fund and that the NAV for the Shares is calculated
after 4 p.m. E.T. each trading day. The Bulletin will disclose that
information about the Shares of the Fund is publicly available on the
Fund's Web site.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the
Act,\17\ in general, and furthers the objectives of Section
6(b)(5),\18\ 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. The Exchange believes that the
proposed rule change will permit the listing of the Shares on the
Exchange, to the benefit of investors and the marketplace. In addition,
the listing and trading criteria set forth in NYSE Equities Rule 8.200
are intended to protect investors and the public interest.
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78f(b).
    \18\ 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 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. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date 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 the 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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2010-22 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSEArca-2010-22. 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 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 a.m. and 3 p.m. Copies of such 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-2010-22 and should be
submitted on or before May 20, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
---------------------------------------------------------------------------

    \19\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-9875 Filed 4-28-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 176 (Monday, September 12, 2016)]
[Proposed Rules]
[Pages 62679-62681]
[FR Doc No: 2016-21149]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9066; Directorate Identifier 2014-NM-113-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede Airworthiness Directive (AD) 2011-10-
17, for all Airbus Model A300 and A310 series airplanes, and Model A300
B4-600, B4-600R, and F4-600R series airplanes, and Model C4-605R
Variant F airplanes (collectively called A300-600 series airplanes). AD
2011-10-17 currently requires revising the maintenance program by
incorporating certain airworthiness limitation items (ALIs). Since we
issued AD 2011-10-17, the manufacturer has revised certain ALI
documents, which specify more restrictive instructions and/or
airworthiness limitations. This proposed AD would require revising the
maintenance or inspection program, as applicable, to incorporate new or
revised structural inspection requirements. This proposed AD would also
remove Model A310 and A300-600 series airplanes from the applicability.
We are proposing this AD to detect and correct fatigue cracking,
damage, and corrosion in certain structure; such fatigue cracking,
damage, and corrosion could result in reduced structural integrity of
the airplane.

DATES: We must receive comments on this proposed AD by October 27,
2016.

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.
    For service information identified in this NPRM, contact Airbus
SAS, Airworthiness Office--EAW, 1 Rond Point Maurice Bellonte, 31707
Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44
51; email<EMAIL_ADDRESS>Internet http://www.airbus.com. You may view this referenced service information at the
FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA.
For information on the availability of this material at the FAA, call
425-227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9066; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed 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: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2016-9066;
Directorate Identifier 2014-NM-113-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on 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 proposed AD.

Discussion

    On May 2, 2011, we issued AD 2011-10-17, Amendment 39-16698 (76 FR
27875, May 13, 2011) (``AD 2011-10-17''). AD 2011-10-17 requires
actions intended to address an unsafe condition on all Airbus Model
A300 and A310 series airplanes, and Model A300 B4-600, B4-600R, and F4-
600R series airplanes, and Model C4-605R Variant F airplanes
(collectively called A300-600 series airplanes).
    Since we issued AD 2011-10-17, the European Aviation Safety Agency
(EASA), which is the Technical Agent for the Member States of the
European Union, has issued Airworthiness Directive 2015-0115, dated
June 23, 2015; (collectively referred to after this as the Mandatory
Continuing Airworthiness Information, or ``the MCAI'') to correct an
unsafe condition. The MCAI states:

    The airworthiness limitations applicable to the Damage Tolerant
Airworthiness Limitation Items (DT ALIs) are currently listed in the
Airbus Airworthiness Limitations Sections [ALS] Part 2.
    Airbus recently revised the A300 ALS Part 2 and this Revision 02
was approved by EASA. Airbus A300 ALS Part 2 Revision 02 introduces
more restrictive maintenance requirements and airworthiness
limitations, which have been identified as mandatory actions for
continued airworthiness.
    EASA issued AD 2014-0124 to require compliance with the
maintenance requirements and associated airworthiness limitations
defined in Airbus A300 ALS Part 2 Revision 01.
    For the reasons described above, this [EASA] AD retains the
requirements of EASA AD 2014-0124 for A300 aeroplanes and requires
implementation of new or more restrictive maintenance instructions
and/or airworthiness limitations as specified in Airbus A300 ALS
Part 2 Revision 02.
    The requirements for A310 and A300-600 aeroplanes remain
unchanged and are covered by EASA AD 2014-0124R1 [FAA AD 2013-13-13,
Amendment 39-17501 (79 FR 47857, August 19, 2014), contains the
corresponding requirements for the Model A300-600 and A310 series
airplanes].

    The unsafe condition is fatigue cracking, damage, or corrosion in
certain structure (principal structural

elements), which could result in reduced structural integrity of the
airplane. You may examine the MCAI in the AD docket on the Internet at
http://www.regulations.gov by searching for and locating Docket No.
FAA-2016-9066.

Related Service Information Under 1 CFR Part 51

    Airbus has issued Airbus A300 Airworthiness Limitations Section
Part 2, Damage-Tolerant Airworthiness Limitation Items (DT ALIs),
Revision 02, dated October 3, 2014. This service information describes
airworthiness limitations applicable to the DT ALIs.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

FAA's Determination and Requirements of This Proposed 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 proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
    This proposed AD requires revisions to certain operator maintenance
documents to include new inspections. Compliance with these inspections
is required by 14 CFR 91.403(c). For airplanes that have been
previously modified, altered, or repaired in the areas addressed by
these inspections, the operator may not be able to accomplish the
inspections described in the revisions. In this situation, to comply
with 14 CFR 91.403(c), the operator must request approval for an
alternative method of compliance according to paragraph (j)(1) of this
proposed AD. The request should include a description of changes to the
required inspections that will ensure the continued damage tolerance of
the affected structure.

Costs of Compliance

    We estimate that this proposed AD affects 11 airplanes of U.S.
registry.
    The actions that are required by AD 2011-10-17 and retained in this
proposed AD take about 1 work-hour per product, at an average labor
rate of $85 per work-hour. Based on these figures, the estimated cost
of the actions that are required by AD 2011-10-17 is $85 per product.
    We also estimate that it would take about 1 work-hour per product
to comply with the basic requirements of this proposed AD. The average
labor rate is $85 per work-hour. Based on these figures, we estimate
the cost of this proposed AD on U.S. operators to be $935, or $85 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 proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 proposed
regulation:
    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.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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 Airworthiness Directive (AD)
2011-10-17, Amendment 39-16698 (76 FR 27875, May 13, 2011), and adding
the following new AD:

Airbus: Docket No. FAA-2016-9066; Directorate Identifier 2014-NM-
113-AD.

(a) Comments Due Date

    We must receive comments by October 27, 2016.

(b) Affected ADs

    This AD replaces AD 2011-10-17, Amendment 39-16698 (76 FR 27875,
May 13, 2011) (``AD 2011-10-17'').

(c) Applicability

    This AD applies to all Airbus Model A300 B2-1A, B2-1C, B4-2C,
B2K-3C, B4-103, B2-203, and B4-203 airplanes, certificated in any
category.

(d) Subject

    Air Transport Association (ATA) of America Codes 52, Doors; 53,
Fuselage; 54, Nacelles/pylons; 55, Stabilizers; and 57, Wings.

(e) Reason

    This AD was prompted by a revision of certain airworthiness
limitations items (ALI) documents, which specify more restrictive
instructions and/or airworthiness limitations. We are issuing this
AD to detect and correct fatigue cracking, damage, and corrosion in
certain structure; such fatigue cracking, damage, and corrosion
could result in reduced structural integrity of the airplane.

(f) Compliance

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

(g) Retained Revision of the ALS of the Instructions for ICA, With
Changes

    This paragraph restates the requirements of paragraph (s) of AD
2011-10-17, with changes. Within 3 months after June 17, 2011 (the
effective date of AD 2011-10-17): Revise the maintenance program to
incorporate the structural inspections and inspection intervals
defined in the Airbus A300 ALI Document AI/SE-M2/95A.1308/07, Issue
4, dated June 2008. Thereafter, except as required by paragraph (h)
of this AD and except as provided by paragraph (j)(1) of this AD, no
alternative structural inspections and inspection intervals may be
approved. The actions must be accomplished in accordance with the
applicable issue of the ALI. The initial ALI tasks must be done at
the times specified in Airbus A300 ALI Document AI/

SE-M2/95A.1308/07, Issue 4, dated June 2008.

(h) New Requirement of This AD: Maintenance or Inspection Program
Revision

    Within 3 months the effective date of this AD: Revise the
maintenance program or inspection program, as applicable, to
incorporate the structural inspections and inspection intervals
defined in Airbus A300 ALS Part 2, Damage-Tolerant Airworthiness
Limitation Items, Revision 02, dated October 3, 2014. The initial
compliance time for the ALI tasks identified in Airbus A300 ALS Part
2, Damage-Tolerant Airworthiness Limitation Items, Revision 02,
dated October 3, 2014, is at the applicable times specified in
Airbus A300 ALS Part 2, Damage-Tolerant Airworthiness Limitation
Items, Revision 02, dated October 3, 2014, or within 3 months after
the effective date of this AD, whichever occurs later. Accomplishing
the applicable initial ALI tasks constitutes terminating action for
the requirements of paragraphs (g) of this AD for that airplane
only.

 (i) No Alternative Actions and Intervals

    After the maintenance or inspection program has been revised as
required by paragraph (h) of this AD, no alternative actions (e.g.,
inspections) or intervals may be used unless the actions or
intervals are approved as an AMOC in accordance with the procedures
specified in paragraph (j)(1) of this AD.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, 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: Dan Rodina,
Aerospace Engineer, International Branch, ANM-116, FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA 98057-3356;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Information may be emailed
to<EMAIL_ADDRESS>    (i) 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.
    (ii) AMOCs approved previously for AD 2011-10-17 are approved as
AMOCs for the corresponding provisions of this AD.
    (2) Contacting the Manufacturer: As of the effective date of
this AD, for any requirement in this AD to obtain corrective actions
from a manufacturer, the action must be accomplished using a method
approved by the Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA; or the European Aviation Safety Agency
(EASA); or Airbus's EASA Design Organization Approval (DOA). If
approved by the DOA, the approval must include the DOA-authorized
signature.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA Airworthiness Directive 2014-0124R1, dated June 23,
2015, for related information. This MCAI may be found in the AD
docket on the Internet at http://www.regulations.gov by searching
for and locating Docket No. FAA-2016-9066.
    (2) For service information identified in this AD, contact
Airbus SAS, Airworthiness Office--EAW, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96;
fax +33 5 61 93 44 51; email<EMAIL_ADDRESS>
Internet http://www.airbus.com. You may view this service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on August 24, 2016.
John P. Piccola, Jr.,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-21149 Filed 9-9-16; 8:45 am]
 BILLING CODE 4910-13-P


     RSE Calculation Using the Excel Spreadsheet (Basic RSE Calculator v2)

										December 2016

The data entry is pretty straightforward.

 Enter the number of calibration points in cell B7
 Enter the curve type in cell B10 (this has a pick list they lets you chose average, linear or quadratic)
 Enter the true values of the calibration points in cells A13 to A22 (the spreadsheet allows a maximum of 10 points  -  if there are less points just leave excess cells blank
 Enter the corresponding measured value for the calibration points in cells B13 to B22
 RSE is calculated in cell B28