[Federal Register Volume 81, Number 130 (Thursday, July 7, 2016)]
[Notices]
[Page 44393]
[FR Doc No: 2016-16031]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78204; File No. SR-NYSEArca-2016-67]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of
Designation of a Longer Period for Commission Action on Proposed Rule
Change To List and Trade Shares of the Natixis Seeyond International
Minimum Volatility ETF Under NYSE Arca Equities Rule 8.600

June 30, 2016.
    On May 5, 2016, NYSE Arca, Inc. filed with the Securities and
Exchange Commission (``Commission''), pursuant to Section 19(b)(1) of
the Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4
thereunder,\2\ a proposed rule change to list and trade shares of the
Natixis Seeyond International Minimum Volatility ETF (``Fund'') under
NYSE Arca Equities Rule 8.600. The proposed rule change was published
for comment in the Federal Register on May 25, 2016.\3\ On June 13,
2016, the Exchange filed Amendment No. 1 to the proposed rule change,
which replaced and superseded its entirety the proposed rule change as
originally filed.\4\ On June 22, 2016, the Exchange filed Amendment No.
2 to the proposed rule change.\5\ The Commission received no comments
on the proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 77861 (May 19,
2016), 81 FR 33291.
    \4\ In Amendment No. 1, the Exchange: (1) Narrows the universe
of investments that may be held by the Fund; (2) offers color
regarding types of corporate bonds of foreign issuers that the Fund
would ordinarily hold; (3) clarifies potentially ambiguous language
in the filing.
    \5\ In Amendment No. 2, the Exchange proposes standards for the
corporate bonds of foreign issuers that may be held by the Fund, and
clarifies how spot foreign currency transactions would be priced for
purposes of calculating the net asset value of the Fund. Both
amendments are available at: http://www.sec.gov/comments/sr-nysearca-2016-67/nysearca201667.shtml.
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    Section 19(b)(2) of the Act \6\ provides that, within 45 days of
the publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding or as to which the self-regulatory organization
consents, the Commission shall either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether the proposed rule change should be disapproved. The
Commission is extending this 45-day time period. The Commission finds
that it is appropriate to designate a longer period within which to
take action on the proposed rule change so that it has sufficient time
to consider the proposed rule change.
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    \6\ 15 U.S.C. 78s(b)(2).
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    Accordingly, the Commission, pursuant to Section 19(b)(2) of the
Act,\7\ designates August 23, 2016, as the date by which the Commission
shall either approve or disapprove or institute proceedings to
determine whether to disapprove the proposed rule change (File Number
SR-NYSEArca-2016-67).
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    \7\ Id.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
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    \8\ 17 CFR 200.30-3(a)(31).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-16031 Filed 7-6-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 229 (Friday, November 27, 2020)]
[Proposed Rules]
[Pages 75966-75968]
[FR Doc No: 2020-26044]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-1034; Project Identifier MCAI-2020-00951-T]
RIN 2120-AA64

Airworthiness Directives; Bombardier Inc., Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Bombardier Inc., Model CL-600-2B16 (601-3A, 601-3R, and 604
Variants) airplanes. This proposed AD was prompted by a determination
that certain airplanes have outdated magnetic variation (MagVar) tables
inside navigation systems. This proposed AD would require revising the
existing airplane flight manual (AFM) to update the Flight Management
System (FMS) and Inertial Reference System (IRS) limitations. The FAA
is proposing this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by January 11,
2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact
Bombardier, Inc., 200 C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec
H4S 2A3, Canada; North America toll-free telephone: 1-866-538-1247 or
direct-dial telephone: 1-514-855-2999; email:
<EMAIL_ADDRESS>internet: https://www.bombardier.com. You
may view this service information at the FAA, Airworthiness Products
Section, Operational Safety Branch, 2200 South 216th St., Des Moines,
WA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
1034; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this NPRM, any comments received, and other information. The street
address for Docket Operations is listed above. Comments will be
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Steven Dzierzynski, Aerospace
Engineer, Avionics and Electrical Systems Services Section, FAA, New
York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2020-1034;
Project Identifier MCAI-2020-00951-T'' at the beginning of your
comments. The most helpful comments reference a specific portion of the
proposal, explain the reason for any recommended change, and include
supporting data. The FAA will consider all comments received by the
closing date and may amend the proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any

personal information you provide. The agency will also post a report
summarizing each substantive verbal contact received about this
proposed AD.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Steven Dzierzynski, Aerospace Engineer, Avionics and Electrical Systems
Services Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>Any commentary that the FAA receives which is
not specifically designated as CBI will be placed in the public docket
for this rulemaking.

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian AD CF-2020-24, dated July 10,
2020 (referred to after this as the Mandatory Continuing Airworthiness
Information, or ``the MCAI''), to correct an unsafe condition for
certain Bombardier Inc., Model CL-600-2B16 (601-3A, 601-3R, and 604
Variants) airplanes. You may examine the MCAI in the AD docket on the
internet at https://www.regulations.gov by searching for and locating
Docket No. FAA-2020-1034.
    This proposed AD was prompted by a determination that certain
airplanes have outdated MagVar tables inside navigation systems. The
FAA is proposing this AD to address outdated MagVar tables inside
navigation systems, which can affect the performance of the navigation
systems and result in the presentation of misleading magnetic heading
references on the Primary Flight Displays (PFDs) and Multi-Function
Displays (MFDs), positioning the airplane outside of the terrain and
obstacle protection provided by instrument flight procedures and flight
route designs (e.g., outdated MagVar tables can lead to significantly
inaccurate heading, course, and bearing calculations). See the MCAI for
additional background information.

Related Service Information Under 1 CFR Part 51

    Bombardier has issued the following service information, which
provides procedures for updating, among other systems, the FMS and IRS
of the applicable AFM. These documents are distinct since they apply to
different airplane configurations.
     Section 02-09, Navigation Systems Limitations, of Chapter
2--LIMITATIONS, of the Bombardier Challenger CL-604 AFM, PSP 604-1,
Revision 116, dated December 18, 2019.
     Section 02-09, Navigation Systems Limitations, of Chapter
2--LIMITATIONS, Bombardier Challenger CL-605 AFM, PSP 605-1, Revision
54, dated December 18, 2019.
    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

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the FAA's bilateral agreement with the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
and service information referenced above. The FAA is proposing this AD
because the FAA evaluated all the relevant information and determined
the unsafe condition described previously is likely to exist or develop
on other products of the same type design.

Proposed Requirements of This NPRM

    This proposed AD would require revising the existing AFM to update
the FMS and IRS limitations of the applicable AFM.

Costs of Compliance

    The FAA estimates that this proposed AD affects 39 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85.............................              $0              $85           $3,315
----------------------------------------------------------------------------------------------------------------

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.
    The FAA is 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

    The FAA 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) Will not affect intrastate aviation in Alaska, 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.

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 adding the following new airworthiness
directive (AD):

Bombardier, Inc.: Docket No. FAA-2020-1034; Project Identifier MCAI-
2020-00951-T.

(a) Comments Due Date

    The FAA must receive comments by January 11, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc., Model CL-600-2B16 (601-3A,
601-3R, and 604 Variants), serial numbers 5301 through 5665
inclusive, and 5701 through 5988 inclusive, certificated in any
category.

(d) Subject

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

(e) Reason

    This AD was prompted by a determination that certain airplanes
have outdated magnetic variation (MagVar) tables inside navigation
systems. The FAA is issuing this AD to address outdated MagVar
tables inside navigation systems, which can affect the performance
of the navigation systems and result in the presentation of
misleading magnetic heading references on the Primary Flight
Displays (PFDs) and Multi-Function Displays (MFDs), positioning the
airplane outside of the terrain and obstacle protection provided by
instrument flight procedures and flight route designs (e.g.,
outdated MagVar tables can lead to significantly inaccurate heading,
course, and bearing calculations).

(f) Compliance

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

(g) Airplane Flight Manual (AFM) Revision

    Within 60 days after the effective date of this AD: Revise the
existing AFM to incorporate the information specified in Section 02-
09, Navigation Systems Limitations, of Chapter 2--LIMITATIONS, of
the applicable Bombardier Challenger AFM specified in figure 1 to
paragraph (g) of this AD.
[GRAPHIC] [TIFF OMITTED] TP27NO20.023

(h) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York ACO Branch, 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 responsible Flight Standards Office, as appropriate. If
sending information directly to the manager of the certification
office, send it to ATTN: Program Manager, Continuing Operational
Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Before
using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, New York ACO
Branch, FAA; or Transport Canada Civil Aviation (TCCA); or
Bombardier, Inc.'s TCCA Design Approval Organization (DAO). If
approved by the DAO, the approval must include the DAO-authorized
signature.

(i) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Canadian AD CF-2020-24, dated July 10, 2020, for related
information. This MCAI may be found in the AD docket on the internet
at https://www.regulations.gov by searching for and locating Docket
No. FAA-2020-1034.
    (2) For more information about this AD, contact Steven
Dzierzynski, Aerospace Engineer, Avionics and Electrical Systems
Services Section, FAA, New York ACO Branch, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; phone:<PHONE_NUMBER>; fax: 516-794-
5531; email<EMAIL_ADDRESS>    (3) For service information identified in this AD, contact
Bombardier, Inc., 200 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 2A3, Canada; North America toll-free telephone: 1-
866-538-1247 or direct-dial telephone: 1-514-855-2999; email:
<EMAIL_ADDRESS>internet: https://www.bombardier.com.
You may view this service information at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St.,
Des Moines, WA. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>.

    Issued on November 19, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-26044 Filed 11-25-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: September 15, 2008 (Volume 73, Number 179)]
[Notices]
[Page 53297-53298]
[DOCID:fr15se08-121]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549.

Extension: Rule 32a-4, SEC File No. 270-473, OMB Control No. 3235-
0530.

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the collections
of information summarized below. The Commission plans to submit these
existing collections of information to the Office of Management and
Budget (``OMB'') for extension and approval.
    Section 32(a)(2) of the Investment Company Act (15 U.S.C. 80a-
31(a)(2)) requires that shareholders of a registered investment
management or face-amount certificate company (``fund'') ratify or
reject the selection of a fund's independent public accountant. Rule
32a-4 (17 CFR 270.32a-4) exempts a fund from this requirement if (i)
the fund's board of directors establishes an audit committee composed
solely of independent directors with responsibility for overseeing the
fund's accounting and auditing processes,\1\ (ii) the fund's board of
directors adopts an audit committee charter setting forth the
committee's structure, duties, powers and methods of operation, or sets
out similar provisions in the fund's charter or bylaws,\2\ and (iii)
the fund maintains a copy of such an audit committee charter
permanently in an easily accessible place.\3\
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    \1\ Rule 32a-4(a).
    \2\ Rule 32a-4(b).
    \3\ Rule 32a-4(c).
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    Each fund that chooses to rely on rule 32a-4 incurs two collections
of information burdens. The first, related to the board of directors'
adoption of the audit committee charter, occurs once, when the
committee is established. The second, related to the fund's maintenance
and preservation of a copy of the charter in an easily accessible
place, is an ongoing annual burden. The information collection
requirement in rule 32a-4 enables the Commission to monitor the duties
and responsibilities of an independent audit committee formed by a fund
relying on the rule.
    Commission staff estimates that, on average, the board of directors
takes 15 minutes to adopt the audit committee charter. Commission staff
has estimated that with an average of 8 directors on the board,\4\
total director time to adopt the charter is 2 hours. Combined with an
estimated 1 hour of paralegal time to prepare the charter for board
review, the staff estimates a total one-time collection of information
burden of 3 hours for each fund. Once a board adopts an audit committee
charter, a fund generally maintains it in a file cabinet or as a
computer file. Commission staff has estimated that there is no annual
hourly burden

associated with maintaining the charter in this form.\5\
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    \4\ This estimate is based on staff discussions with a
representative of an entity that surveys funds and calculates fund
board statistics based on responses to its surveys.
    \5\ No hour burden related to such maintenance of the charter
was identified by the funds the Commission staff surveyed.
Commission staff understands that many audit committee charters have
been significantly revised after their adoption in response to the
Sarbanes-Oxley Act (Pub. L. No. 107-204, 116 Stat. 745) and other
developments. However, the costs associated with these revisions are
not attributable to the requirements of rule 32a-4.
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    Because virtually all funds extant have now adopted audit committee
charters, the annual one-time collection of information burden
associated with adopting audit committee charters is limited to the
burden incurred by newly established funds. Commission staff estimates
that fund sponsors establish approximately 153 new funds each year,\6\
and that all of these funds will adopt an audit committee charter in
order to rely on rule 32a-4. Thus, Commission staff estimates that the
annual one-time hour burden associated with adopting an audit committee
charter under rule 32a-4 going forward will be approximately 459
hours.\7\
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    \6\ This estimate is based on the number of Form N-8As filed
from January 2005 through December 2007.
    \7\ This estimate is based on the following calculation: (3.0
burden hours for establishing charter x 153 new funds = 459 burden
hours).
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    As noted above, all funds that rely on rule 32a-4 are subject to
the ongoing collection of information requirement to preserve a copy of
the charter in an easily accessible place. This ongoing requirement,
which Commission staff has estimated has no hourly burden, applies to
new funds that adopt an audit committee charter each year and to all
funds that have previously adopted the charter and continue to maintain
it.
    When funds adopt an audit committee charter in order to rely on
rule 32a-4, they also may incur one-time costs related to hiring
outside counsel to prepare the charter. Commission staff estimates that
those costs average approximately $1000 per fund.\8\ Commission staff
understands that virtually all funds now rely on rule 32a-4 and have
adopted audit committee charters, and thus estimates that the annual
cost burden related to hiring outside legal counsel is limited to newly
established funds.
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    \8\ Costs may vary based on the individual needs of each fund.
However, based on the staff's conversations with outside counsel
that prepare these charters, legal fees related to the preparation
and adoption of an audit committee charter usually average $1000 or
less. The Commission also understands that the ICI has prepared a
model audit committee charter, which most legal professionals use
when establishing audit committees, thereby reducing the costs
associated with drafting a charter.
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    As noted above, Commission staff estimates that approximately 153
new funds each year will adopt an audit committee charter in order to
rely on rule 32a-4. Thus, Commission staff estimates that the ongoing
annual cost burden associated with rule 32a-4 in the future will be
approximately $153,000.\9\
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    \9\ This estimate is based on the following calculations: ($1000
cost of adopting charter x 153 newly established funds = $153,000).
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    The estimates of average burden hours and costs are made solely for
the purposes of the Paperwork Reduction Act, and are not derived from a
comprehensive or even a representative survey or study of the costs of
Commission rules and forms.
    The collections of information required by rule 32a-4 are necessary
to obtain the benefits of the rule. The Commission is seeking OMB
approval, because an agency may not conduct or sponsor, and a person is
not required to respond to, a collection of information unless it
displays a currently valid control number.
    Written comments are invited on: (a) Whether the collection of
information is necessary for the proper performance of the functions of
the Commission, including whether the information has practical
utility; (b) the accuracy of the Commission's estimate of the burden of
the collection of information; (c) ways to enhance the quality,
utility, and clarity of the information collected; and (d) ways to
minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques or other
forms of information technology. Consideration will be given to
comments and suggestions submitted in writing within 60 days of this
publication.
    Please direct your written comments to Lewis W. Walker, Acting
Director/CIO, Securities and Exchange Commission, C/O Shirley
Martinson, 6432 General Green Way, Alexandria, VA 22312; or send an e-
mail to<EMAIL_ADDRESS>
    Dated: September 8, 2008.
Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-21408 Filed 9-12-08; 8:45 am]

BILLING CODE 8010-01-P