[Federal Register Volume 82, Number 224 (Wednesday, November 22, 2017)]
[Notices]
[Pages 55689-55696]
[FR Doc No: 2017-25226]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82097; File No. SR-BatsBZX-2017-72]

Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of
Filing of a Proposed Rule Change To List and Trade Shares of the
Innovator S&P 500 15% Shield Strategy ETF Series, Innovator S&P 500 -5%
to -35% Shield Strategy ETF Series, Innovator S&P 500 Enhance and 10%
Shield Strategy ETF Series, and Innovator S&P 500 Ultra Strategy ETF
Series Under Rule 14.11(i)

November 16, 2017.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on November 7, 2017, Cboe BZX Exchange, Inc. (the ``Exchange'' or
``BZX'') (formerly known as Bats BZX Exchange, Inc.) filed with the
Securities and Exchange Commission (``Commission'') the proposed rule
change as described in Items I and II below, which Items have been
prepared by the Exchange. The Commission is publishing this notice 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 filed a proposed rule change to list and trade shares
of the Innovator S&P 500 15% Shield Strategy ETF Series, Innovator S&P
500 -5% to -35% Shield Strategy ETF Series, Innovator S&P 500 Enhance
and 10% Shield Strategy ETF Series and Innovator S&P 500 Ultra Strategy
ETF Series under the Innovator ETFs Trust (formerly, Academy Funds
Trust), under Rule 14.11(i) (``Managed Fund Shares'').
    The text of the proposed rule change is available at the Exchange's
Web site at www.markets.cboe.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the

places specified in Item IV below. The Exchange has prepared summaries,
set forth in Sections A, B, and C below, of the most significant parts
of such statements.

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

1. Purpose
    The Exchange proposes to list and trade shares (``Shares'') of up
to twelve monthly Innovator S&P 500 15% Shield Strategy ETF Series
(collectively, the ``Shield Funds''), Innovator S&P 500 -5% to -35%
Shield Strategy ETF Series (collectively, the ``Ultra Shield Funds''),
Innovator S&P 500 Enhance and 10% Shield Strategy ETF Series
(collectively, the ``Enhance and Shield Funds'') and Innovator S&P 500
Ultra Strategy ETF Series (collectively, the ``Ultra Funds'') (each a
``Fund'' and, collectively, the ``Funds'') under Rule 14.11(i), which
governs the listing and trading of Managed Fund Shares on the
Exchange.\3\ Each Fund will be an actively managed exchange traded fund
(``ETF'').
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    \3\ The Commission originally approved BZX Rule 14.11(i) in
Securities Exchange Act Release No. 65225 (August 30, 2011), 76 FR
55148 (September 6, 2011) (SR-BATS-2011-018) and subsequently
approved generic listing standards for Managed Fund Shares under
Rule 14.11(i) in Securities Exchange Act Release No. 78396 (July 22,
2016), 81 FR 49698 (July 28, 2016) (SR-BATS-2015-100).
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    The Shares will be offered by Innovator ETFs Trust (formerly
Academy Funds Trust) (the ``Trust''), which was established as a
Delaware statutory trust on October 17, 2007. The Trust is registered
with the Commission as an investment company and has filed, for each
Fund, a registration statement on Form N-1A (``Registration
Statement'') with the Commission on behalf of the Funds.\4\ Each Fund
intends to qualify each year as a regulated investment company (a
``RIC'') under Subchapter M of the Internal Revenue Code of 1986, as
amended.\5\ Innovator Capital Management, LLC (the ``Adviser'') is the
investment adviser to the Funds and Milliman Financial Risk Management
LLC (the ``Sub-Adviser'') is the sub-adviser. Rule 14.11(i)(7) provides
that, if the investment adviser to the investment company issuing
Managed Fund Shares is affiliated with a broker-dealer, such investment
adviser shall erect a ``fire wall'' between the investment adviser and
the broker-dealer with respect to access to information concerning the
composition and/or changes to such investment company portfolio.\6\ In
addition, Rule 14.11(i)(7) further requires that personnel who make
decisions on the investment company's portfolio composition must be
subject to procedures designed to prevent the use and dissemination of
material nonpublic information regarding the applicable investment
company portfolio. Neither the Adviser nor the Sub-Adviser is a
registered broker-dealer, and neither the Adviser nor the Sub-Adviser
are affiliated with broker-dealers. In addition, Adviser or Sub-Adviser
personnel who make decisions regarding a Fund's portfolio are subject
to procedures designed to prevent the use and dissemination of material
nonpublic information regarding the Fund's portfolio. In the event that
(a) the Adviser or Sub-Adviser becomes registered as a broker-dealer or
newly affiliated with another broker-dealer, or (b) any new adviser or
sub-adviser is a registered broker-dealer or becomes affiliated with a
broker-dealer, it will implement a fire wall with respect to its
relevant personnel or such broker-dealer affiliate, as applicable,
regarding access to information concerning the composition and/or
changes to the portfolio, and will be subject to procedures designed to
prevent the use and dissemination of material non-public information
regarding such portfolio.
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    \4\ See Post-Effective Amendment Nos. 59 and 60 to Registration
Statement on Form N-1A for the Trust, dated September 8, 2017 (File
Nos. 333-146827 and 811-22135) and Post-Effective Amendment Nos. 63
and 64 to Registration Statement on Form N-1A for the Trust, dated
October 19, 2017 (File Nos. 333-146827 and 811-22135). The
descriptions of the Funds and the Shares contained herein are based
on information in the Registration Statement.
    \5\ 26 U.S.C. 851.
    \6\ An investment adviser to an open-end fund is required to be
registered under the Investment Advisers Act of 1940 (the ``Advisers
Act''). As a result, the Adviser and its related personnel are
subject to the provisions of Rule 204A-1 under the Advisers Act
relating to codes of ethics. This Rule requires investment advisers
to adopt a code of ethics that reflects the fiduciary nature of the
relationship to clients as well as compliance with other applicable
securities laws. Accordingly, procedures designed to prevent the
communication and misuse of non-public information by an investment
adviser must be consistent with Rule 204A-1 under the Advisers Act.
In addition, Rule 206(4)-7 under the Advisers Act makes it unlawful
for an investment adviser to provide investment advice to clients
unless such investment adviser has (i) adopted and implemented
written policies and procedures reasonably designed to prevent
violation, by the investment adviser and its supervised persons, of
the Advisers Act and the Commission rules adopted thereunder; (ii)
implemented, at a minimum, an annual review regarding the adequacy
of the policies and procedures established pursuant to subparagraph
(i) above and the effectiveness of their implementation; and (iii)
designated an individual (who is a supervised person) responsible
for administering the policies and procedures adopted under
subparagraph (i) above.
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    The investment objective of the Shield Funds is to provide
investors, over a one-year period, with returns equal to those of the
S&P 500 Price Return Index, while providing protection from S&P 500
Price Return Index losses. The investment objective of the Ultra Shield
Funds is to provide investors, over a one-year period, with returns
equal to those of the S&P 500 Price Return Index, while providing
protection from S&P 500 Price Return Index losses. The investment
objective of the Enhance and Shield Funds is to provide investors, over
a one-year period, with returns that exceed those of the S&P 500 Price
Return Index, while providing protection from S&P 500 Price Return
Index losses. The investment objective of the Ultra Funds is to provide
investors, over a one-year period, with returns that exceed those of
the S&P 500 Price Return Index.
    The Shield Funds and the Ultra Shield Funds are each actively
managed funds that seek to exceed the returns of a benchmark index that
employs a ``defined outcome strategy'' that is: (1) For the Shield
Funds, the Cboe S&P 500 15% Buffer Protect Index Series (the ``Shield
Index''), which seeks to provide investment returns that match those of
the S&P 500 Price Return Index (the ``S&P 500 Index''), up to a
maximized annual return (the ``Shield Cap Level''), while guarding
against a decline in the S&P 500 Index of the first 15% (the ``Shield
Strategy''); and (2) for the Ultra Shield Funds, Cboe S&P 500 30% (-5%
to -35%) Buffer Protect Index Series (the ``Ultra Shield Index''),
which seeks to provide investment returns that match those of the S&P
500 Index, up to a maximized annual return (the ``Ultra Shield Cap
Level''), while guarding against a decline in the S&P 500 Index of
between 5% and 35% (the ``Ultra Shield Strategy''). The Enhance and
Shield Funds and the Ultra Funds do not utilize benchmark indexes and
are each actively managed funds that employ a ``defined outcome
strategy'' that: (1) For the Enhance and Shield Funds, seeks to provide
investment returns that exceed the gains of the S&P 500 Index, up to a
maximized annual return (the ``Enhance and Shield Cap Level''), while
guarding against a decline in the S&P 500 Index of the first 10% (the
``Enhance and Shield Strategy''); and (2) for the Ultra Funds, seeks to
provide investment returns that exceed gains of the S&P 500 Index, up
to a maximized annual return (the ``Ultra Cap Level'') (the ``Ultra
Strategy'' and, collectively with the Shield Strategy, Ultra Shield
Strategy and Enhance and Shield Strategy, the

``Strategies''). Pursuant to the Strategies, each Fund will invest
primarily in exchange-traded options contracts that reference either
the S&P 500 Index or ETFs that track the S&P 500 Index. Defined outcome
strategies are designed to participate in market gains and losses
within pre-determined ranges over a specified period (i.e. point to
point). These outcomes are predicated on the assumption that an
investment vehicle employing the strategy is held for the designated
outcome periods. As such, the Exchange is proposing to list up to
twelve monthly series of each of the Shield Funds, Ultra Shield Funds,
Enhance and Shield Funds and the Ultra Funds, as named above.
    The Exchange submits this proposal in order to allow each Fund to
hold listed derivatives, in particular FLexible EXchange Options
(``FLEX Options'') on the S&P 500 Index, in a manner that does not
comply with Rule 14.11(i)(4)(C)(iv)(b).\7\ Otherwise, the Funds will
comply with all other listing requirements of the Generic Listing
Standards \8\ for Managed Fund Shares on an initial and continued
listing basis under Rule 14.11(i).
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    \7\ Rule 14.11(i)(4)(C)(iv)(b) provides that ``the aggregate
gross notional value of listed derivatives based on any five or
fewer underlying reference assets shall not exceed 65% of the weight
of the portfolio (including gross notional exposures), and the
aggregate gross notional value of listed derivatives based on any
single underlying reference asset shall not exceed 30% of the weight
of the portfolio (including gross notional exposures).'' The
Exchange is proposing that the Funds be exempt from the requirement
of Rule 14.11(i)(4)(C)(iv)(b) that prevents the aggregate gross
notional value of listed derivatives based on any single underlying
reference asset from exceeding 30% of the weight of the portfolio
(including gross notional exposures) and the requirement that the
aggregate gross notional value of listed derivatives based on any
five or fewer underlying reference assets shall not exceed 65% of
the weight of the portfolio (including gross notional exposures).
    \8\ For purposes of this proposal, the term ``Generic Listing
Standards'' shall mean the generic listing rules for Managed Fund
Shares under Rule 14.11(i)(4)(C).
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Innovator S&P 500 15% Shield Strategy ETF Series
    The Shield Funds are actively managed funds that seek to provide
total return which exceeds that of the Shield Index. Each Shield Fund
will seek excess return above the Shield Index, before expenses are
taken into account, solely through the active management of any
available assets not required to be deposited for margin in connection
with the Shield Fund's respective investments in the Shield Index
components. Under Normal Market Conditions,\9\ each Shield Fund will
attempt to achieve its investment objective by taking positions that
provide performance exposure substantially similar to the exposure
provided by components of the Shield Index.\10\ Pursuant to the Shield
Strategy, each Shield Fund will invest primarily in the FLEX Options
included in the Shield Index or other standardized options contracts
listed on a U.S. exchange that reference either the S&P 500 Index or
ETFs that track the S&P 500 Index.
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    \9\ As defined in Rule 14.11(i)(3)(E), the term ``Normal Market
Conditions'' includes, but is not limited to, the absence of trading
halts in the applicable financial markets generally; operational
issues causing dissemination of inaccurate market information or
system failures; or force majeure type events such as natural or
man-made disaster, act of God, armed conflict, act of terrorism,
riot or labor disruption, or any similar intervening circumstance.
    \10\ The Shield Funds are not index tracking funds and are not
required to invest in all components of the Shield Index.
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    The Shield Index is composed of U.S. exchange-listed FLEX Options
that reference the S&P 500 Index. The Shield Index is designed to
produce returns that, over a period of approximately one year, match
the returns of the S&P 500 Index up to the Shield Cap Level, while
guarding against a decline in the S&P 500 Index of the first 15%. More
specifically, the Shield Index is designed to produce the following
outcomes during the outcome period:
     If the S&P 500 Index appreciates over the outcome period:
The Shield Index will provide a total return that matches the
percentage increase of the S&P 500 Index, up to the Shield Cap Level;
     If the S&P 500 Index decreases over the outcome period by
15% or less: The Shield Index will provide a total return of zero; and
     If the S&P 500 Index depreciates over the outcome period
by greater than 15%: The Shield Index will provide a total return loss
that is 15% less than the percentage loss on the S&P 500 Index with a
maximum loss of approximately 85%.

The Shield Index will produce these outcomes by layering ``purchased''
and ``written'' FLEX Options. The customizable nature of FLEX Options
allows for the creation of a strategy that sets desired defined outcome
parameters. The FLEX Options comprising the Shield Index have terms
that, when layered upon each other, are designed to buffer against
losses of the S&P 500 Index. However, another effect of the layering of
FLEX Options with these terms is a cap on the level of possible gains.
Any FLEX Options that are written by the Shield Index that create an
obligation to sell or buy an asset will be offset with a position in
FLEX Options purchased by the Shield Index to create the right to buy
or sell the same asset such that the Shield Index will always be in a
net long position. That is, any theoretical obligations of a Shield
Index created by its writing of FLEX Options will be covered by
offsetting positions in other purchased FLEX Options. As the FLEX
Options mature at the end of each outcome period, they are replaced. By
replacing FLEX Options annually, each Shield Index seeks to ensure that
investments made in a given month during the current year buffer
against negative returns of the S&P 500 Index up to pre-determined
levels in that same month of the following year.
    Similarly, each of the Shield Funds will layer purchased and
written FLEX Options that comprise the Shield Index. Any FLEX Options
that are written by a Shield Fund that create an obligation to sell or
buy an asset will be offset with a position in FLEX Options purchased
by the Shield Fund to create the right to buy or sell the same asset
such that the Shield Fund will always be in a net long position. That
is, any obligations of a Shield Fund created by its writing of FLEX
Options will be covered by offsetting positions in other purchased FLEX
Options. As the FLEX Options mature at the end of each outcome period,
they are replaced. By replacing FLEX Options annually, each Shield Fund
seeks to ensure that investments made in a given month during the
current year buffer against negative returns of the S&P 500 Index up to
pre-determined levels in that same month of the following year. The
Shield Funds do not offer any protection against declines in the S&P
500 Index exceeding 15% on an annualized basis. Shareholders will bear
all S&P 500 Index losses exceeding 15% on a one-to-one basis.
    The FLEX Options owned by each of the Shield Funds will have the
same terms (i.e. same strike price and expiration) for all investors of
a Shield Fund within an outcome period. The Shield Cap Level will be
determined with respect to each Shield Fund on the inception date of
the Shield Fund and at the beginning of each outcome period.
Innovator S&P 500 -5% to -35% Shield Strategy ETF Series
    The Ultra Shield Funds are actively managed funds that seek to
provide total return which exceeds that of the Ultra Shield Index. Each
Ultra Shield Fund will seek excess return above the Ultra Shield Index,
before expenses are taken into account, solely through the active
management of any available assets not required to be deposited for
margin in

connection with the Ultra Shield Fund's respective investments in the
Ultra Shield Index components. Under Normal Market Conditions, each
Ultra Shield Fund will attempt to achieve its investment objective by
taking positions that provide performance exposure substantially
similar to the exposure provided by components of the Ultra Shield
Index.\11\ Pursuant to the Ultra Shield Strategy, each Ultra Shield
Fund will invest primarily in the FLEX Options included in the Ultra
Shield Index or other standardized options contracts listed on a U.S.
exchange that reference either the S&P 500 Index or ETFs that track the
S&P 500 Index.
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    \11\ The Ultra Shield Funds are not index tracking funds and are
not required to invest in all components of the Ultra Shield Index.
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    The Ultra Shield Index is composed of U.S. exchange-listed FLEX
Options that reference the S&P 500 Index. The Ultra Shield Index is
designed to produce returns that, over a period of approximately one
year, match the returns of the S&P 500 Index up the Ultra Shield Cap
Level while guarding against a decline in the S&P 500 Index of between
5% and 35%. More specifically, the Ultra Shield Index is designed to
produce the following outcomes during the outcome period:
     If the S&P 500 Index appreciates over the outcome period:
The Ultra Shield Index seeks to provide a total return that matches the
percentage increase of the S&P 500 Index, up to the Ultra Shield Cap
Level;
     If the S&P 500 Index decreases over the outcome period by
5% or less: The Ultra Shield Index seeks to provide a total return loss
that is equal to the percentage loss on the S&P 500 Index;
     If the S&P 500 Index decreases over the outcome period by
5%-35%: The Ultra Shield Index seeks to provide a total return loss of
5%; and
     If the S&P 500 Index depreciates over the outcome period
by greater than 35%: The Ultra Shield Index seeks to provide a total
return loss that is 30% less than the percentage loss on the S&P 500
Index with a maximum loss of approximately 70%.

The Ultra Shield Index will produce these outcomes by layering
``purchased'' and ``written'' FLEX Options. The customizable nature of
FLEX Options allows for the creation of a strategy that sets desired
defined outcome parameters. The FLEX Options comprising the Ultra
Shield Index have terms that, when layered upon each other, are
designed to buffer against losses of the S&P 500 Index. However,
another effect of the layering of FLEX Options with these terms is a
cap on the level of possible gains. Any FLEX Options that are written
by the Ultra Shield Index that create an obligation to sell or buy an
asset will be offset with a position in FLEX Options purchased by the
Ultra Shield Index to create the right to buy or sell the same asset
such that the Ultra Shield Index will always be in a net long position.
That is, any theoretical obligations of an Ultra Shield Index created
by its writing of FLEX Options will be covered by offsetting positions
in other purchased FLEX Options. As the FLEX Options mature at the end
of each outcome period, they are replaced. By replacing FLEX Options
annually, each Ultra Shield Index seeks to ensure that investments made
in a given month during the current year buffer against negative
returns of the S&P 500 Index up to pre-determined levels in that same
month of the following year.
    Similarly, each of the Ultra Shield Funds will layer purchased and
written FLEX Options that comprise the Ultra Shield Index. Any FLEX
Options that are written by an Ultra Shield Fund that create an
obligation to sell or buy an asset will be offset with a position in
FLEX Options purchased by the Ultra Shield Fund to create the right to
buy or sell the same asset such that the Ultra Shield Fund will always
be in a net long position. That is, any obligations of an Ultra Shield
Fund created by its writing of FLEX Options will be covered by
offsetting positions in other purchased FLEX Options. As the FLEX
Options mature at the end of each outcome period, they are replaced. By
replacing FLEX Options annually, each Ultra Shield Fund seeks to ensure
that investments made in a given month during the current year buffer
against negative returns of the S&P 500 Index up to pre-determined
levels in that same month of the following year. The Ultra Shield Funds
do not offer any protection against declines in the S&P 500 Index
exceeding 35% on an annualized basis. Shareholders will bear all S&P
500 Index losses exceeding 35% on a one-to-one basis.
    The FLEX Options owned by each of the Ultra Shield Funds will have
the same terms (i.e. same strike price and expiration) for all
investors of an Ultra Shield Fund within an outcome period. The Ultra
Shield Cap Level will be determined with respect to each Ultra Shield
Fund on the inception date of the Ultra Shield Fund and at the
beginning of each outcome period.
Innovator S&P 500 Enhance and 10% Shield Strategy ETF Series
    Under Normal Market Conditions, each Enhance and Shield Fund will
attempt to achieve its investment objective by employing a ``defined
outcome strategy'' that seeks to provide investment returns that exceed
the gains of the S&P 500 Index, up to the Enhance and Shield Cap Level,
while shielding investors from S&P 500 Index losses of up to 10%.
Pursuant to the Enhance and Shield Strategy, each Enhance and Shield
Fund will invest primarily in FLEX Options or other standardized
options contracts listed on a U.S. exchange that reference either the
S&P 500 Index or ETFs that track the S&P 500 Index.
    The portfolio managers will invest in a portfolio of FLEX Options
linked to an underlying asset, the S&P 500 Index, that, when held for
the specified period, seeks to produce returns that, over a period of
approximately one year, exceed the returns of the S&P 500 Index up to
the Enhance and Shield Cap Level. Pursuant to the Enhance and Shield
Strategy, each Enhance and Shield Fund's portfolio managers will seek
to produce the following outcomes during the outcome period:
     If the S&P 500 Index appreciates over the outcome period:
The Enhance and Shield Fund seeks to provide shareholders with a total
return that exceeds that of the S&P 500 Index, up to and including the
Enhance and Shield Cap Level;
     If the S&P 500 Index depreciates over the outcome period
by 10% or less: The Enhance and Shield Fund seeks to provide a total
return of zero;
     If the S&P 500 Index decreases over the outcome period by
more than 10%: The Enhance and Shield Fund seeks to provide a total
return loss that is 10% less than the percentage loss on the S&P 500
Index with a maximum loss of approximately 90%.

The Enhance and Shield Funds will produce these outcomes by layering
purchased and written FLEX Options. The customizable nature of FLEX
Options allows for the creation of a strategy that sets desired defined
outcome parameters. The FLEX Options comprising an Enhance and Shield
Fund's portfolio have terms that, when layered upon each other, are
designed to buffer against losses or exceed the gains of the S&P 500
Index. However, another effect of the layering of FLEX Options with
these terms is a cap on the level of possible gains.
    Any FLEX Options that are written by an Enhance and Shield Fund
that create an obligation to sell or buy an asset will be offset with a
position in FLEX Options purchased by the Enhance and Shield Fund to
create the right to buy or sell the same asset such that the

Enhance and Shield Fund will always be in a net long position. That is,
any obligations of an Enhance and Shield Fund created by its writing of
FLEX Options will be covered by offsetting positions in other purchased
FLEX Options. As the FLEX Options mature at the end of each outcome
period, they are replaced. By replacing FLEX Options annually, each
Enhance and Shield Fund seeks to ensure that investments made in a
given month during the current year buffer against negative returns of
the S&P 500 Index up to pre-determined levels in that same month of the
following year. The Enhance and Shield Funds do not offer any
protection against declines in the S&P 500 Index exceeding 10% on an
annualized basis. Shareholders will bear all S&P 500 Index losses
exceeding 10% on a one-to-one basis.
    The FLEX Options owned by each of the Enhance and Shield Funds will
have the same terms (i.e. same strike price and expiration) for all
investors of an Enhance and Shield Fund within an outcome period. The
Enhance and Shield Cap Level will be determined with respect to each
Enhance and Shield Fund on the inception date of the Enhance and Shield
Fund and at the beginning of each outcome period.
Innovator S&P 500 Ultra Strategy ETF Series
    Under Normal Market Conditions, each Ultra Fund will attempt to
achieve its investment objective by employing a ``defined outcome
strategy'' that seeks to provide investment returns that exceed the
gains of the S&P 500 Index, up to the Ultra Cap Level. Pursuant to the
Ultra Strategy, each Ultra Fund will invest primarily in FLEX Options
or other standardized options contracts listed on a U.S. exchange that
reference either the S&P 500 Index or ETFs that track the S&P 500
Index.
    The portfolio managers will invest in a portfolio of FLEX Options
linked to an underlying asset, the S&P 500 Index, that, when held for
the specified period, seeks to produce returns that, over a period of
approximately one year, exceed the returns of the S&P 500 Index up to
the Ultra Cap Level. Pursuant to the Ultra Strategy, each Ultra Fund's
portfolio managers will seek to produce the following outcomes during
the outcome period:
     If the S&P 500 Index appreciates over the outcome period:
The Ultra Fund seeks to provide shareholders with a total return that
exceeds that of the S&P 500 Index, up to the Ultra Cap Level;
     If the S&P 500 Index decreases over the outcome period:
The Ultra Fund seeks to provide a total return loss that is equal to
the percentage loss of the S&P 500 Index.

The Ultra Funds will produce these outcomes by layering purchased and
written FLEX Options. The customizable nature of FLEX Options allow for
the creation of a strategy that sets desired defined outcome
parameters. The FLEX Options comprising the Ultra Fund's portfolio have
terms that, when layered upon each other, are designed to exceed the
gains of the S&P 500 Index. However, another effect of the layering of
FLEX Options with these terms is a cap on the level of possible gains.
    Any FLEX Options that are written by the Ultra Fund that create an
obligation to sell or buy an asset will be offset with a position in
FLEX Options purchased by the Ultra Fund to create the right to buy or
sell the same asset such that the Ultra Fund will always be in a net
long position. That is, any obligations of an Ultra Fund created by its
writing of FLEX Options will be covered by offsetting positions in
other purchased FLEX Options. As the FLEX Options mature at the end of
each outcome period, they are replaced.
    The FLEX Options owned by each of the Ultra Funds will have the
same terms (i.e. same strike price and expiration) for all investors of
an Enhance and Shield Fund within an outcome period. The Ultra Cap
Level will be determined with respect to each Ultra Fund on inception
date of the Ultra Fund and at the beginning of each outcome period.
Investment Methodology for the Funds
    Under Normal Market Conditions, each Fund will invest primarily in
U.S. exchange-listed FLEX Options on the S&P 500 Index. Each of the
Funds may invest its net assets (in the aggregate) in other investments
which the Adviser or Sub-Adviser believes will help each Fund to meet
its investment objective and that will be disclosed at the end of each
trading day (``Other Assets''). Other Assets include only the
following: cash or cash equivalents, as defined in Rule
14.11(i)(4)(C)(iii) \12\ and standardized options contracts listed on a
U.S. securities exchange that reference either the S&P 500 Index or
that reference ETFs that track the S&P 500 Index (``Reference ETFs'').
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    \12\ As defined in Rule 14.11(i)(4)(C)(iii), cash equivalents
include short-term instruments with maturities of less than three
months, including: (i) U.S. Government securities, including bills,
notes, and bonds differing as to maturity and rates of interest,
which are either issued or guaranteed by the U.S. Treasury or by
U.S. Government agencies or instrumentalities; (ii) certificates of
deposit issued against funds deposited in a bank or savings and loan
association; (iii) bankers acceptances, which are short-term credit
instruments used to finance commercial transactions; (iv) repurchase
agreements and reverse repurchase agreements; (v) bank time
deposits, which are monies kept on deposit with banks or savings and
loan associations for a stated period of time at a fixed rate of
interest; (vi) commercial paper, which are short-term unsecured
promissory notes; and (vii) money market funds.
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S&P 500 Index FLEX Options
    The market for options contracts on the S&P 500 Index traded on
Cboe Exchange, Inc. (``Cboe Options'') is among the most liquid markets
in the world. In 2016, 1,023,623 options contracts on the S&P 500 Index
were traded per day on Cboe Options, which is more than $200 billion in
notional volume traded on a daily basis. While FLEX Options are traded
differently than standardized options contracts, the Exchange believes
that this liquidity bolsters the market for FLEX Options, as described
below. Every FLEX Option order submitted to Cboe Options is exposed to
a competitive auction process for price discovery. The process begins
with a request for quote (``RFQ'') in which the interested party
establishes the terms of the FLEX Options contract. The RFQ solicits
interested market participants, including on-floor market makers,
remote market makers trading electronically, and member firm traders,
to respond to the RFQ with bids or offers through a competitive
process. This solicitation contains all of the contract specifications-
underlying, size, type of option, expiration date, strike price,
exercise style and settlement basis. During a specified amount of time,
responses to the RFQ are received and at the end of that time period,
the initiator can decide whether to accept the best bid or offer. The
process occurs under the rules of Cboe Options which means that
customer transactions are effected according to the principles of a
fair and orderly market following trading procedures and policies
developed by Cboe Options.
    The Exchange believes that sufficient protections are in place to
protect against market manipulation of the Funds' Shares and FLEX
Options on the S&P 500 Index for several reasons: (i) The diversity,
liquidity, and market cap of the securities underlying the S&P 500
Index; (ii) the competitive quoting process for FLEX Options; (iii) the
significant liquidity in the market for options on the S&P 500 Index
results in a well-established price discovery process that provides
meaningful guideposts for FLEX Option pricing; and (iv) surveillance by
the Exchange, Cboe

Options \13\ and the Financial Industry Regulatory Authority
(``FINRA'') designed to detect violations of the federal securities
laws and self-regulatory organization (``SRO'') rules. The Exchange has
in place a surveillance program for transactions in ETFs to ensure the
availability of information necessary to detect and deter potential
manipulations and other trading abuses, thereby making the Shares less
readily susceptible to manipulation. Further, the Exchange believes
that because the assets in each Fund's portfolio, which are comprised
primarily of FLEX Options on the S&P 500 Index, will be acquired in
extremely liquid and highly regulated markets,\14\ the Shares are less
readily susceptible to manipulation.
---------------------------------------------------------------------------

    \13\ The Exchange notes that Cboe Options is a member of the
Option Price Regulatory Surveillance Authority, which was
established in 2006, to provide efficiencies in looking for insider
trading and serves as a central organization to facilitate
collaboration in insider trading and investigations for the U.S.
options exchanges. For more information, see http://www.cboe.com/aboutcboe/legal/departments/orsareg.aspx.
    \14\ All exchange-listed securities that the Funds may hold will
trade on a market that is a member of the Intermarket Surveillance
Group (``ISG'') and the Funds will not hold any non-exchange-listed
equities or options, however, not all of the components of the
portfolio for the Funds may trade on exchanges that are members of
the ISG or with which the Exchange has in place a comprehensive
surveillance sharing agreement. For a list of the current members of
ISG, see www.isgportal.org.
---------------------------------------------------------------------------

    The Exchange believes that its surveillance procedures are adequate
to properly monitor the trading of the Shares on the Exchange during
all trading sessions and to deter and detect violations of Exchange
rules and the applicable federal securities laws. Trading of the Shares
through the Exchange will be subject to the Exchange's surveillance
procedures for derivative products, including Managed Fund Shares. All
statements and representations made in this filing regarding (a) the
description of the portfolio, reference assets, and index, (b)
limitations on portfolio holdings or reference assets, or (c) the
applicability of Exchange rules shall constitute continued listing
requirements for listing the Shares on the Exchange. The issuer has
represented to the Exchange that it will advise the Exchange of any
failure by a Fund or the related Shares to comply with the continued
listing requirements, and, pursuant to its obligations under Section
19(g)(1) of the Act, the Exchange will surveil for compliance with the
continued listing requirements. If a Fund or the related Shares are not
in compliance with the applicable listing requirements, then, with
respect to such Fund or Shares, the Exchange will commence delisting
procedures under Exchange Rule 14.12. FINRA conducts certain cross-
market surveillances on behalf of the Exchange pursuant to a regulatory
services agreement. The Exchange is responsible for FINRA's performance
under this regulatory services agreement. If a Fund is not in
compliance with the applicable listing requirements, the Exchange will
commence delisting procedures with respect to such Fund under Exchange
Rule 14.12.
    The Exchange or FINRA, on behalf of the Exchange, will communicate
as needed regarding trading in the Shares and exchange-traded options
contracts with other markets and other entities that are members of the
ISG and may obtain trading information regarding trading in the Shares
and exchange-traded options contracts from such markets and other
entities. In addition, the Exchange may obtain information regarding
trading in the Shares and exchange-traded options contracts from
markets and other entities that are members of ISG or with which the
Exchange has in place a comprehensive surveillance sharing agreement.
In addition, the Exchange also has a general policy prohibiting the
distribution of material, non-public information by its employees.
    As noted above, options on the S&P 500 Index are among the most
liquid options in the world and derive their value from the actively
traded S&P 500 Index components. The contracts are cash-settled with no
delivery of stocks or ETFs, and trade in competitive auction markets
with price and quote transparency. The Exchange believes the highly
regulated options markets and the broad base and scope of the S&P 500
Index make securities that derive their value from that index less
susceptible to market manipulation in view of market capitalization and
liquidity of the S&P 500 Index components, price and quote
transparency, and arbitrage opportunities.
    The Exchange believes that the liquidity of the markets for S&P 500
Index securities, options on the S&P 500 Index, and other related
derivatives is sufficiently great to deter fraudulent or manipulative
acts associated with the Funds' Shares price. The Exchange also
believes that such liquidity is sufficient to support the creation and
redemption mechanism. Coupled with the extensive surveillance programs
of the SROs described above, the Exchange does not believe that trading
in the Funds' Shares would present manipulation concerns.
    The Exchange represents that, except for the limitations on listed
derivatives in BZX Rule 14.11(i)(4)(C)(iv)(b), the Funds' proposed
investments will satisfy, on an initial and continued listing basis,
all of the generic listing standards under BZX Rule 14.11(i)(4)(C) and
all other applicable requirements for Managed Fund Shares under Rule
14.11(i). The Trust is required to comply with Rule 10A-3 under the Act
for the initial and continued listing of the Shares of the Funds. A
minimum of 100,000 Shares will be outstanding at the commencement of
trading on the Exchange. In addition, the Exchange represents that the
Shares of the Funds will comply with all other requirements applicable
to Managed Fund Shares, which includes the dissemination of key
information such as the Disclosed Portfolio,\15\ Net Asset Value,\16\
and the Intraday Indicative Value,\17\ suspension of trading or
removal,\18\ trading halts,\19\ surveillance,\20\ minimum price
variation for quoting and order entry,\21\ and the information
circular,\22\ as set forth in Exchange rules applicable to Managed Fund
Shares. Moreover, all of the options contracts held by the Funds will
trade on markets that are a member of ISG or affiliated with a member
of ISG or with which the Exchange has in place a comprehensive
surveillance sharing agreement. Quotation and last sale information for
U.S. exchange-listed options contracts cleared by The Options Clearing
Corporation will be available via the Options Price Reporting
Authority. RFQ information for FLEX Options will be available directly
from Cboe Options. The intra-day, closing and settlement prices of
exchange-traded options will be readily available from the options
exchanges, automated quotation systems, published or other public
sources, or online information services such as Bloomberg or Reuters.
Price information on cash equivalents is available from major broker-
dealer firms or market data vendors, as well as from automated
quotation systems, published or other public sources, or online
information services.
---------------------------------------------------------------------------

    \15\ See Rule 14.11(i)(4)(A)(ii) and 14.11(i)(4)(B)(ii).
    \16\ See Rule 14.11(i)(4)(A)(ii).
    \17\ See Rule 14.11(i)(4)(B)(i).
    \18\ See Rule 14.11(i)(4)(B)(iii).
    \19\ See Rule 14.11(i)(4)(B)(iv).
    \20\ See Rule 14.11(i)(2)(C).
    \21\ See Rule 14.11(i)(2)(B).
    \22\ See Rule 14.11(i)(6).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposal is consistent with Section
6(b) of the Act \23\ in general and Section 6(b)(5) of the Act \24\ 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, to remove impediments to and perfect the
mechanism of a free and open market and a national market system and,
in general, to protect investors and the public interest.
---------------------------------------------------------------------------

    \23\ 15 U.S.C. 78f.
    \24\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change is designed to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, to foster cooperation and
coordination with persons engaged in facilitating transactions in
securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system and, in general, to
protect investors and the public interest in that the Shares will meet
each of the initial and continued listing criteria in BZX Rule 14.11(i)
with the exception of Rule 14.11(i)(4)(C)(iv)(b), which requires that
the aggregate gross notional value of listed derivatives based on any
five or fewer underlying reference assets shall not exceed 65% of the
weight of the portfolio (including gross notional exposures), and the
aggregate gross notional value of listed derivatives based on any
single underlying reference asset shall not exceed 30% of the weight of
the portfolio (including gross notional exposures).\25\ Rule
14.11(i)(4)(C)(iv)(b) is intended to ensure that a fund is not subject
to manipulation by virtue of significant exposure to a manipulable
underlying reference asset by establishing concentration limits among
the underlying reference assets for listed derivatives held by a
particular fund.
---------------------------------------------------------------------------

    \25\ As noted above, the Exchange is proposing that each Fund be
exempt only from the requirements of Rule 14.11(i)(4)(C)(iv)(b)
which prevents the aggregate gross notional value of listed
derivatives based on any single underlying reference asset from
exceeding 30% of the weight of the portfolio (including gross
notional exposures) and the aggregate gross notional value of listed
derivatives based on any five or fewer underlying reference assets
from exceeding 65% of the weight of the portfolio (including gross
notional exposures).
---------------------------------------------------------------------------

    The Exchange believes that sufficient protections are in place to
protect against market manipulation of the Funds' Shares and FLEX
Options on the S&P 500 Index for several reasons: (i) The diversity,
liquidity, and market cap of the securities underlying the S&P 500
Index; (ii) the competitive quoting process for FLEX Options; (iii) the
significant liquidity in the market for options on the S&P 500 Index
results in a well-established price discovery process that provides
meaningful guideposts for FLEX Option pricing; and (iv) surveillance by
the Exchange, Cboe Options and FINRA designed to detect violations of
the federal securities laws and SRO rules. The Exchange has in place a
surveillance program for transactions in ETFs to ensure the
availability of information necessary to detect and deter potential
manipulations and other trading abuses, thereby making the Shares less
readily susceptible to manipulation. Further, the Exchange believes
that because the assets in each Fund's portfolio, which are comprised
primarily of FLEX Options on the S&P 500 Index, will be acquired in
extremely liquid and highly regulated markets, the Shares are less
readily susceptible to manipulation.
    The Exchange believes that its surveillance procedures are adequate
to properly monitor the trading of the Shares on the Exchange during
all trading sessions and to deter and detect violations of Exchange
rules and the applicable federal securities laws. Trading of the Shares
through the Exchange will be subject to the Exchange's surveillance
procedures for derivative products, including Managed Fund Shares. All
statements and representations made in this filing regarding (a) the
description of the portfolio, reference assets, and index, (b)
limitations on portfolio holdings or reference assets, or (c) the
applicability of Exchange rules shall constitute continued listing
requirements for listing the Shares on the Exchange. The issuer has
represented to the Exchange that it will advise the Exchange of any
failure by a Fund or the related Shares to comply with the continued
listing requirements, and, pursuant to its obligations under Section
19(g)(1) of the Act, the Exchange will surveil for compliance with the
continued listing requirements. If a Fund or the related Shares are not
in compliance with the applicable listing requirements, then, with
respect to such Fund or Shares, the Exchange will commence delisting
procedures under Exchange Rule 14.12. FINRA conducts certain cross-
market surveillances on behalf of the Exchange pursuant to a regulatory
services agreement. The Exchange is responsible for FINRA's performance
under this regulatory services agreement. If a Fund is not in
compliance with the applicable listing requirements, the Exchange will
commence delisting procedures with respect to such Fund under Exchange
Rule 14.12.
    The Exchange or FINRA, on behalf of the Exchange, will communicate
as needed regarding trading in the Shares and exchange-traded options
contracts with other markets and other entities that are members of the
ISG and may obtain trading information regarding trading in the Shares
and exchange-traded options contracts from such markets and other
entities. In addition, the Exchange may obtain information regarding
trading in the Shares and exchange-traded options contracts from
markets and other entities that are members of ISG or with which the
Exchange has in place a comprehensive surveillance sharing agreement.
In addition, the Exchange also has a general policy prohibiting the
distribution of material, non-public information by its employees. As
noted above, options on the S&P 500 Index are among the most liquid
options in the world and derive their value from the actively traded
S&P 500 Index components. The contracts are cash-settled with no
delivery of stocks or ETFs, and trade in competitive auction markets
with price and quote transparency. The Exchange believes the highly
regulated options markets and the broad base and scope of the S&P 500
Index make securities that derive their value from that index less
susceptible to market manipulation in view of market capitalization and
liquidity of the S&P 500 Index components, price and quote
transparency, and arbitrage opportunities.
    The Exchange believes that the liquidity of the markets for S&P 500
Index securities, options on the S&P 500 Index, and other related
derivatives is sufficiently great to deter fraudulent or manipulative
acts associated with the Funds' Shares price. The Exchange also
believes that such liquidity is sufficient to support the creation and
redemption mechanism. Coupled with the extensive surveillance programs
of the SROs described above, the Exchange does not believe that trading
in the Funds' Shares would present manipulation concerns.
    The Exchange represents that, except as described above, the Funds
will meet and be subject to all other requirements of the Generic
Listing Standards and other applicable continued listing requirements
for Managed Fund Shares under Rule 14.11(i), including those
requirements regarding the Disclosed Portfolio,\26\ Intraday Indicative
Value,\27\ suspension of trading or removal,\28\ trading halts,\29\
disclosure,\30\ and firewalls.\31\ The Trust is required to comply with
Rule 10A-3 under the Act

for the initial and continued listing of the Shares of each Fund.
Moreover, all of the options contracts held by the Funds will trade on
markets that are a member of ISG or affiliated with a member of ISG or
with which the Exchange has in place a comprehensive surveillance
sharing agreement.
---------------------------------------------------------------------------

    \26\ See Rule 14.11(i)(4)(B)(ii).
    \27\ See Rule 14.11(i)(4)(B)(i).
    \28\ See Rule 14.11(i)(4)(B)(iii).
    \29\ See Rule 14.11(i)(4)(B)(iv).
    \30\ See Rule 14.11(i)(6).
    \31\ See Rule 14.11(i)(7).
---------------------------------------------------------------------------

    For the above reasons, the Exchange believes that the proposed rule
change is consistent with the requirements of Section 6(b)(5) of the
Act.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purpose of the Act. The Exchange notes that the
proposed rule change will facilitate the listing and trading of an
additional type of Managed Fund Shares that will enhance competition
among market participants, to the benefit of investors and the
marketplace.

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

    The Exchange has neither solicited nor received written comments on
the proposed rule change.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or up to 90 days (i) as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding or (ii) as to which the self-regulatory
organization consents, the Commission will:
    (A) by order approve or disapprove 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 email to [email protected]. Please include
File Number SR-BatsBZX-2017-72 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BatsBZX-2017-72. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change. Persons submitting
comments are cautioned that we do not redact or edit personal
identifying information from comment submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-BatsBZX-2017-72 and should
be submitted on or before December 13, 2017.

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

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

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-25226 Filed 11-21-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 14 (Friday, January 21, 2022)]
[Notices]
[Pages 3358-3359]
[FR Doc No: 2022-01130]

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

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2006-0028]

MET Laboratories, Inc.: Applications for Expansion of Recognition

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice.

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

SUMMARY: In this notice, OSHA announces the applications of MET
Laboratories, Inc., for expansion of the recognition as a Nationally
Recognized Testing Laboratory (NRTL) and presents the agency's
preliminary finding to grant the applications.

DATES: Submit comments, information, and documents in response to this
notice, or requests for an extension of time to make a submission, on
or before February 7, 2022.

ADDRESSES: Submit comments by any of the following methods:
    Electronically: Submit comments and attachments electronically at
https://www.regulations.gov, which is the Federal eRulemaking Portal.
Follow the instructions online for making electronic submissions.
    Docket: To read or download submissions or other material in the
docket, go to https://www.regulations.gov or the OSHA Docket Office at
the above address. All documents in the docket are listed in the
https://www.regulations.gov index; however, some information (e.g.,
copyrighted material) is not publicly available to read or download
through the website. All submissions, including copyrighted material,
are available for inspection at the OSHA Docket Office. Contact the
OSHA Docket Office at<PHONE_NUMBER> (TTY<PHONE_NUMBER>) for
assistance in locating docket submissions.
    Instructions: All submissions must include the agency name and the
OSHA docket number (OSHA-2006-0028). OSHA places comments and other
materials, including any personal information, in the public docket
without revision, and these materials will be available online at
http://www.regulations.gov. Therefore, the agency cautions commenters
about submitting statements they do not want made available to the
public, or submitting comments that contain personal information
(either about themselves or others) such as Social Security numbers,
birth dates, and medical data. For further information on submitting
comments, see the ``Public Participation'' heading in the section of
this notice titled SUPPLEMENTARY INFORMATION.
    Extension of comment period: Submit requests for an extension of
the comment period on or before February 7, 2022 to the Office of
Technical Programs and Coordination Activities, Directorate of
Technical Support and Emergency Management, Occupational Safety and
Health Administration, U.S. Department of Labor by fax to (202) 693-
1644.

FOR FURTHER INFORMATION CONTACT: Information regarding this notice is
available from the following sources:
    Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office
of Communications, phone:<PHONE_NUMBER> or email:
[email protected].
    General and technical information: Contact Mr. Kevin Robinson,
Director, Office of Technical Programs and Coordination Activities,
Directorate of Technical Support and Emergency Management, Occupational
Safety and Health Administration, phone:<PHONE_NUMBER> or email:
[email protected].

SUPPLEMENTARY INFORMATION:

I. Notice of the Application for Expansion

    The Occupational Safety and Health Administration is providing
notice that MET Laboratories, Inc. (MET), is applying for expansion of
the current recognition as a NRTL. MET requests the addition of four
test standards to the NRTL scope of recognition.
    OSHA recognition of a NRTL signifies that the organization meets
the requirements specified in 29 CFR 1910.7. Recognition is an
acknowledgment that the organization can perform independent safety
testing and certification of the specific products covered within the
scope of recognition. Each NRTL's scope of recognition includes (1) the
type of products the NRTL may test, with each type specified by the
applicable test standard; and (2) the recognized site(s) that has/have
the technical capability to perform the product-testing and product-
certification activities for test standards within the NRTL's scope.
Recognition is not a delegation or grant of government authority;
however, recognition enables employers to use products approved by the
NRTL to meet OSHA standards that require product testing and
certification.
    The agency processes applications by a NRTL for initial recognition
and for an expansion or renewal of this recognition, following
requirements in Appendix A to 29 CFR 1910.7. This appendix requires
that the agency publish two notices in the Federal Register in
processing an application. In the first notice, OSHA announces the
application and provides a preliminary finding. In the second notice,
the agency provides a final decision on the application. These notices
set forth the NRTL's scope of recognition or modifications of that
scope. OSHA maintains an informational web page for

each NRTL, including MET, which details the NRTL's scope of
recognition. These pages are available from the OSHA website at https://www.osha.gov/dts/otpca/nrtl/index.html.
    MET currently has one facility (site) recognized by OSHA for
product testing and certification, with its headquarters located at:
MET Laboratories, Inc., 914 West Patapsco Avenue, Baltimore, Maryland
21230. A complete list of MET's scope of recognition is available at
https://www.osha.gov/dts/otpca/nrtl/met.html.

II. General Background on the Applications

    MET submitted four applications, one dated January 14, 2019 (OSHA-
2006-0028-0075), the second, dated July 30, 2019 (OSHA-2006-0028-0076),
which was amended on July 29, 2020 (OSHA-2006-0028-0079). The third and
fourth applications were received on August 13, 2019 (OSHA-2006-0028-
0077) and (OSHA-2006-0028-0078). Together, the expansion applications
would add four additional test standards to MET's NRTL recognition.
OSHA staff performed a detailed analysis of the application packets and
reviewed other pertinent information. OSHA did not perform any on-site
reviews in relation to these applications.
    Table 1 below, lists the appropriate test standards found in MET's
applications for expansion for testing and certification of products
under the NRTL Program.

Table 1--Proposed Appropriate Test Standards for Inclusion in MET's NRTL
                          Scope of Recognition
------------------------------------------------------------------------
       Test standard                     Test standard title
------------------------------------------------------------------------
UL 60079-28...............  Explosive Atmospheres--Part 28: Protection
                             of Equipment and transmission Systems Using
                             Optical Radiation.
TIA 4950..................  Requirements for Battery--Powered, Portable
                             Land Mobile Radio Applications in Class I,
                             II, and III, Division 1, Hazardous
                             (Classified) Locations.
UL 551....................  Transformer Type Arc--Welding Machines.
UL 1004-1.................  Rotating Electrical Machines.
------------------------------------------------------------------------

    In reviewing the expansion applications, OSHA discovered that the
standard TIA 4950 had been revised in May 2014 (Revision A) and July
2020 (Revision B). OSHA examined these revisions and preliminarily
determined that they are not substantive in nature. Therefore, OSHA has
preliminarily determined that the current version of TIA 4950 (Revision
B) remains an appropriate test standard under the NRTL Program
Regulation, 29 CFR 1910.7, and that OSHA need not reevaluate the
recognition of any NRTLs currently recognized for TIA 4950. Moreover,
although MET's expansion application sought recognition for TIA 4950A
only, and not TIA 4950B (see OSHA-2006-0028-0076; OSHA-2006-0028-0079),
OSHA preliminarily concludes that MET's application for expansion, if
granted, will include recognition for the current version of TIA 4950
(again, because any changes made in Revision B are not substantive).
OSHA welcomes comment on these determinations.

III. Preliminary Findings on the Applications

    MET submitted acceptable applications for expansion of the scope of
recognition. OSHA's review of the application files, and pertinent
documentation, indicate that MET can meet the requirements prescribed
by 29 CFR 1910.7 for expanding the recognition to include the addition
of these four test standards for NRTL testing and certification listed
in Table 2. This preliminary finding does not constitute an interim or
temporary approval of MET's applications.
    OSHA welcomes public comment as to whether MET meets the
requirements of 29 CFR 1910.7 for expansion of the recognition as a
NRTL. Comments should consist of pertinent written documents and
exhibits. Commenters needing more time to comment must submit a request
in writing, stating the reasons for the request. Commenters must submit
the written request for an extension by the due date for comments. OSHA
will limit any extension to 10 days unless the requester justifies a
longer period. OSHA may deny a request for an extension if the request
is not adequately justified. To obtain or review copies of the exhibits
identified in this notice, as well as comments submitted to the docket,
contact the Docket Office, at the above address. These materials also
are available online at https://www.regulations.gov under Docket No.
OSHA-2006-0028.
    OSHA staff will review all comments to the docket submitted in a
timely manner and, after addressing the issues raised by these
comments, will make a recommendation to the Assistant Secretary for
Occupational Safety and Health whether to grant MET's applications for
expansion of the scope of recognition. The Assistant Secretary will
make the final decision on granting the applications. In making this
decision, the Assistant Secretary may undertake other proceedings
prescribed in Appendix A to 29 CFR 1910.7.
    OSHA will publish a public notice of the final decision in the
Federal Register.

IV. Authority and Signature

    Douglas L. Parker, Assistant Secretary of Labor for Occupational
Safety and Health, authorized the preparation of this notice.
Accordingly, the agency is issuing this notice pursuant to Section 29
U.S.C. 657(g)(2), Secretary of Labor's Order No. 8-2020 (85 FR 58393;
Sept. 18, 2020), and 29 CFR 1910.7.

    Signed at Washington, DC, on January 12, 2022.
Douglas L. Parker,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2022-01130 Filed 1-20-22; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register Volume 81, Number 151 (Friday, August 5, 2016)]
[Proposed Rules]
[Pages 51838-51839]
[FR Doc No: 2016-18325]

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

40 CFR Part 257

[EPA-HQ-OLEM-2016-0274; FRL-9949-43-OLEM]

Hazardous and Solid Waste Management System: Disposal of Coal
Combustion Residuals From Electric Utilities; Extension of Compliance
Deadlines for Certain Inactive Surface Impoundments; Response to
Partial Vacatur

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA or the Agency) is
proposing to extend for certain inactive coal combustion residuals
(CCR) surface impoundments the compliance deadlines established by the
regulations for the disposal of CCR under subtitle D of the Resource
Conservation and Recovery Act (RCRA). These revisions are being
proposed in response to a partial vacatur ordered by the United States
Court of Appeals for the District of Columbia Circuit (D.C. Circuit) on
June 14, 2016.

DATES: Written comments must be received by August 22, 2016. Comments
postmarked after the close of the comment period will be stamped
``late'' and may or may not be considered by the Agency.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OLEM-2016-0274, at http://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit

https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: For information concerning this
proposed rule, contact Steve Souders, Office of Resource Conservation
and Recovery, Environmental Protection Agency, 5304P, Washington, DC
20460; telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>For more information on this rulemaking please
visit https://www.epa.gov/coalash.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This proposed rule applies only to those owners or operators of
inactive CCR surface impoundments that meet all three of the following
conditions: (1) Complied with the requirement at 40 CFR 257.105(i)(1)
by placing in their facility's written operating record a notification
of intent to initiate closure of the CCR unit as required by 40 CFR
257.100(c)(1), no later than December 17, 2015; (2) complied with the
requirement at 40 CFR 257.106(i)(1) by providing notification to the
relevant State Director and/or appropriate Tribal authority by January
19, 2016, of the intent to initiate closure of the CCR unit; and (3)
complied with the requirement at 40 CFR 257.107(i)(1) by placing the
notification of intent to initiate closure of the CCR unit on the owner
or operator's publicly accessible CCR Web site no later than January
19, 2016.
    If you have any questions regarding the applicability of this
action to a particular entity, consult the person listed in the
preceding FOR FURTHER INFORMATION CONTACT section.

B. Why is EPA issuing this proposed rule?

    This action proposes to extend the deadlines for the owners and
operators of those inactive CCR surface impoundments that had taken
advantage of the ``early closure'' provisions of 40 CFR 257.100, who
became newly subject to the rule's requirements for existing CCR
surface impoundments on June 14, 2016 when the United States Court of
Appeals for the District of Columbia Circuit (D.C. Circuit) ordered the
vacatur of those provisions. This proposed rule provides time for these
owners and operators to bring their units into compliance with the
rule's substantive requirements, but does not otherwise amend the rule
or otherwise impose new requirements on those units. In the ``Rules and
Regulations'' section of this Federal Register, we have also published
a direct final rule for this same action because we view this as a
noncontroversial action and anticipate no adverse comment. We have
explained our reason for this in the preamble to the direct final rule.
    If we receive no adverse comment, we will not take further action
on this proposed rule and the direct final rule will become effective
as provided in that action. If we do receive adverse comment, we will
publish a timely notice in the Federal Register withdrawing the direct
final rule and it will not take effect. We will address all public
comments in any subsequent final rule based on this proposed rule. We
do not intend to institute a second comment period on this action. Any
parties interested in commenting must do so at this time, for further
information about commenting on this rule see the ADDRESSES section of
this document.

C. Where is the location of regulatory text for this proposal?

    The regulatory text for this proposal is identical to that for the
direct final rule published in the Rules and Regulations section of the
Federal Register. For further supplemental information, the detailed
rationale for the proposal, and the regulatory revisions, see the
information provided in the direct final rule published in the Rules
and Regulations section of this Federal Register.

II. Statutory Authority

    These regulations are established under the authority of sections
1006(b), 1008(a), 2002(a), 4004, and 4005(a) of the Solid Waste
Disposal Act of 1970, as amended by the Resource Conservation and
Recovery Act of 1976 (RCRA), as amended by the Hazardous and Solid
Waste Amendments of 1984 (HSWA), 42 U.S.C. 6906(b), 6907(a), 6912(a),
6944, and 6945(a).

III. Statutory and Executive Order (EO) Reviews

    For a complete discussion of all of the administrative requirements
applicable to this action, see the direct final rule in the Rules and
Regulations section of this Federal Register.

List of Subjects in 40 CFR Part 257

    Environmental protection, Beneficial use, Coal combustion products,
Coal combustion residuals, Coal combustion waste, Disposal, Hazardous
waste, Landfill, Surface impoundment.

    Dated: July 26, 2016.
Gina McCarthy,
Administrator.
[FR Doc. 2016-18325 Filed 8-4-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 170 (Friday, September 2, 2022)]
[Notices]
[Pages 54228-54229]
[FR Doc No: 2022-19046]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4652-DR; Docket ID FEMA-2022-0001]

New Mexico; Amendment No. 8 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of New Mexico (FEMA-4652-DR), dated May 4, 2022, and
related determinations.

DATES: This amendment was issued August 3, 2022.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of New Mexico is hereby amended to include the following
areas among those areas determined to have been adversely affected by
the event declared

a major disaster by the President in his declaration of May 4, 2022.

    Los Alamos and Sandoval Counties for Public Assistance.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050 Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2022-19046 Filed 9-1-22; 8:45 am]
BILLING CODE 9111-23-P


November 4, 2010

The Honorable Lisa Jackson Administrator United States Environmental Protection Agency Ariel Rios Building (Mail Code 1101) 1200 Pennsylvania Ave., NW Washington, D.C.  20460

Re: 	Petition for Reconsideration of Portions of the Final Rule: National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines

Dear Administrator Jackson:

I am writing in support of the National Rural Electric Cooperative Association's (NRECA) October 19, 2010, Petition for Reconsideration of portions of the Final National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines promulgated on August 20, 2010, (75 Fed. Reg. 51,570).

Lemke Farm is a member-owner of Cass County Electric Cooperative Inc. (CCEC) and is currently participating in its electric load management program by using our stationary engine generator. The engine generator provides electric power to our facility during times of peak load conditions. In the past several years, the total hours of operation logged on the generator for this program has not exceeded 100 hours.

Inasmuch as the Environmental Protection Agency (EPA) rules allow an emergency use engine generator to operate up to 100 hours annually for non-emergency situations, why should it make any difference how a business chooses to operate its generator within that 100 hour limitation? In other words, why are there restrictions within those 100 hours of non-emergency use for peak shaving? The option to use my generator as part of a peak shaving program on a limited basis is important to me and helps my cooperative operate its distribution system most effectively. It seems to me that this small change to your rules would make the rules more reasonable without sacrificing air quality.

Lemke Farm supports NRECA's petition to remove the restrictions in use of emergency stationary engine generators as they pertain to use for peak shaving. Since the EPA has determined that 100 hours of non-emergency use of a stationary engine generator poses little health risk or environmental harm above that already contemplated in the rule, I believe it should not make any difference under what conditions the unit is operated within that the 100 hours of allowable non-emergency operation

In conclusion, Lemke Farm respectfully requests the EPA reconsiders its proposed rule for spark ignition (SI) engines.  Assuming the agency recognizes the common-sense logic presented in this letter with regard to the proposed SI rules, and the proposed changes put forth by NRECA, we also urge the agency to apply that same logic to the current RICE rules so as to make the final NESHAP rule consistent and uniform throughout all stationary engine generators powered by liquid fossil-fuels.

Lemke Farm respectfully requests consideration of its request and proposed changes, and thanks the EPA in advance for the same. Thank you for your prompt attention and I look forward to your response.

Sincerely,

cc: 	Robert Wayland, EPA 	Melanie King, EPA 	Kevin Bromberg, SBA


[Federal Register Volume 78, Number 93 (Tuesday, May 14, 2013)]
[Rules and Regulations]
[Pages 28130-28132]
[FR Doc No: 2013-10659]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1072; Directorate Identifier 2012-NM-141-AD;
Amendment 39-17449; AD 2013-09-07]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc. Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Bombardier, Inc. Model CL-600-2B19 (Regional Jet Series 100 & 440)
airplanes. This AD was prompted by reports of two in-service incidents
where the left main landing gear (MLG) failed to extend. This AD
requires installing stopper plates on the aft uplock frames in the MLG
bay adjacent to the right and left MLG uplock assemblies. We are
issuing this AD to prevent incorrect installation of the upper bolt in
the MLG uplock assembly, which could prevent the MLG from extending and
could adversely affect the safe landing of the airplane.

DATES: This AD becomes effective June 18, 2013.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of June 18,
2013.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Cesar Gomez, Aerospace Engineer,
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft
Certification Office (ACO), 1600 Stewart Avenue, Suite 410, Westbury,
New York 11590; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on October 16, 2012 (77
FR 63281). That NPRM proposed to correct an unsafe condition for the
specified products. The Mandatory Continuing Airworthiness Information
(MCAI) states:

    There have been two reported in-service incidents where the left
main landing gear (MLG) failed to extend. The investigation revealed
that in both cases, the uplock assembly had been replaced prior to
the in-service incidents and the upper bolt of the uplock assembly
was incorrectly installed. The incorrect installation of the upper
bolt resulted in the uplock assembly pivoting on the lower
attachment bolt and preventing the MLG from extending under normal
or alternate extension.
    The potential for an incorrect installation of the upper bolt
could occur at both the left hand side (LHS) and/or the right hand
side (RHS) MLG uplock assembly. Failure of the MLG to extend could
adversely affect the safe landing of the aeroplane.
    This [Canadian] AD mandates the installation of stopper plates
on the aft uplock frames in the MLG bay, adjacent to both the RHS
and LHS MLG uplock assemblies, to prevent an incorrect installation
of the MLG uplock assembly.

You may obtain further information by examining the MCAI in the AD
docket.

Actions Since the NPRM (77 FR 63281, October 16, 2012) Was Issued

    We have reviewed Bombardier Service Bulletin 601R-32-109, Revision
A, dated February 26, 2013. In the NPRM (77 FR 63281, October 16,
2012), we referred to Bombardier Service Bulletin 601R-32-109, dated
May 29, 2012, as the appropriate source of service information for
doing the actions specified in the NPRM. Revision A of the service
information adds information for parts that are listed in paragraph
1.G. ``Material--Price and Availability,'' and small editorial changes
that do not have an effect on the technical content of the service
information.
    We have updated paragraphs (g) and (j) of this AD to refer to
Bombardier Service Bulletin 601R-32-109, Revision A, dated February 26,
2013. We have also added a new paragraph (h) to this AD to give credit
for actions done before the effective date of this AD, using Bombardier
Service Bulletin 601R-32-109, dated May 29, 2012, and re-identified the
subsequent paragraph identifiers accordingly.

Comments

    We gave the public the opportunity to participate in developing
this AD. We have considered the comments received.
    The National Transportation Safety Board supported the NPRM (77 FR
63281, October 16, 2012).

Request To Shorten the Compliance Time

    The Air Line Pilots Association International (ALPA) requested that
the proposed compliance time in the NPRM (77 FR 63281, October 16,
2012) be shortened from ``Within 5,500 flight hours or 48 months after
the effective date of this AD, whichever occurs first . . . .'' to
``Within 2,400 flight hours or 24 months after the effective date of
the AD, whichever occurs first . . . .'' The ALPA based its suggested
compliance time on the two reported in-service incidents and the
potential safety implication of landing with an MLG fully or partially
retracted.
    We do not agree with the request to shorten the compliance time.
The proposed compliance time in the NPRM (77 FR 63281, October 16,
2012) was based on a risk assessment completed by the airplane
manufacturer, Bombardier, Inc. The risk was conservatively assessed
with a compliance time of 6,000 flight hours, based on the estimated
release date of Bombardier service information. Transport Canada Civil
Aviation (TCCA), the State of Design Authority,

concurred with Bombardier, Inc.'s risk assessment. Bombardier, Inc.
reduced the compliance time from 6,000 flight hours to 5,500 flight
hours because the release date of the service information was delayed.
Also, the compliance time of 5,500 flight hours or 48 months after the
effective date of this AD, whichever occurs first, corresponds with the
compliance time of parallel TCCA AD CF-2012-22, dated July 24, 2012. We
have not changed the AD in this regard.

Request To Add a Required Inspection Item

    The ALPA also recommended that, until operators have complied with
the proposed AD (77 FR 63281, October 16, 2012), the operators be
required to have a Required Inspection Item for any maintenance work
involving the upper MLG assembly. The ALPA recommended this requirement
to ensure correct installation of the upper MLG assembly until the
proposed AD is complied with.
    We do not agree with this recommendation. If operators properly
follow the instructions in the airplane maintenance manual, the upper
MLG uplock assembly will be correctly installed. In addition,
Bombardier, Inc. issued All Operators Message No. 1307, dated September
6, 2011, to inform operators of the second in-flight MLG incident; and
Service Letter CRJ100/200/440-SL-32-046, dated October 11, 2011, to
provide additional information and recommendations to address the
second in-flight MLG incident. We have not changed the AD in this
regard.

Conclusion

    We reviewed the available data 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
changes:
     Are consistent with the intent that was proposed in the
NPRM (77 FR 63281, October 16, 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 63281, October 16, 2012).

Costs of Compliance

    We estimate that this AD will affect 574 products of U.S. registry.
We also estimate that it will take about 5 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Based on these figures, we estimate the cost of
this AD to the U.S. operators to be $243,950, or $425 per product.

Authority for This Rulemaking

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

Regulatory Findings

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

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains the NPRM (77 FR 63281, October 16,
2012), the regulatory evaluation, any comments received, and other
information. The street address for the Docket Operations office
(telephone<PHONE_NUMBER>) is in the ADDRESSES section. Comments will
be available in the AD docket shortly after receipt.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2013-09-07 Bombardier, Inc.: Amendment 39-17449. Docket No. FAA-
2012-1072; Directorate Identifier 2012-NM-141-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective June 18,
2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc. Model CL-600-2B19 (Regional
Jet Series 100 & 440) airplanes, certificated in any category,
serial numbers 7003 through 7990 inclusive, and 8000 through 8999
inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 32, Landing
gear.

(e) Reason

    This AD was prompted by reports of two in-service incidents
where the left main landing gear (MLG) failed to extend. We are
issuing this AD to prevent incorrect installation of the upper bolt
in the MLG uplock assembly, which could prevent the MLG from
extending and could adversely affect the safe landing of the
airplane.

(f) Compliance

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

(g) Installation of Stopper Plates

    Within 5,500 flight hours or 48 months after the effective date
of this AD, whichever occurs first: Install stopper plates on the
aft uplock frame of both the right and left MLG uplock assemblies,
in accordance with the Accomplishment Instructions of Bombardier
Service Bulletin 601R-32-109, Revision A, dated February 26, 2013.

(h) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph
(g) of this AD, if those actions were performed before the effective
date of this AD using Bombardier Service

Bulletin 601R-32-109, dated May 29, 2012, which is not incorporated
by reference in this AD.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York Aircraft Certification Office (ACO), ANE-170, 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 ACO, send it to ATTN: Program Manager, Continuing
Operational Safety, FAA, New York ACO, 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
local flight standards district office/certificate holding district
office. The AMOC approval letter must specifically reference this
AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

(j) Related Information

    (1) Refer to MCAI Canadian Airworthiness Directive CF-2012-22,
dated July 24, 2012; and Bombardier Service Bulletin 601R-32-109,
Revision A, dated February 26, 2013; for related information.
    (2) For service information identified in this AD, contact
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 1Y9, Canada; telephone<PHONE_NUMBER>; fax 514 855-
7401; email<EMAIL_ADDRESS>Internet http://www.bombardier.com.

(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) Bombardier Service Bulletin 601R-32-109, Revision A, dated
February 26, 2013.
    (ii) Reserved.
    (3) For service information identified in this AD, contact
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 1Y9, Canada; telephone<PHONE_NUMBER>; fax 514 855-
7401; email<EMAIL_ADDRESS>Internet http://www.bombardier.com.
    (4) You may review copies of the 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>.
    (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 April 23, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-10659 Filed 5-13-13; 8:45 am]
BILLING CODE 4910-13-P