[Federal Register Volume 78, Number 7 (Thursday, January 10, 2013)]
[Rules and Regulations]
[Pages 2197-2198]
[FR Doc No: 2013-00128]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1350; Directorate Identifier 2012-NE-40-AD;
Amendment 39-17313; AD 2012-27-01]
RIN 2120-AA64

Airworthiness Directives; Rolls-Royce Deutschland Ltd & Co KG
Turbofan Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Rolls-Royce Deutschland Ltd & Co KG (RRD) Model Tay 620-15 turbofan
engines. This AD requires a one-time inspection of the low-pressure
compressor (LPC) fan blades and if erosion is found their replacement
before further flight. This AD was prompted by evidence of excessive
leading edge erosion of the LPC fan blades on certain Tay 620-15
engines. We are issuing this AD to prevent failure of the LPC fan
blade, which could result in uncontained engine failure and damage to
the airplane.

DATES: This AD becomes effective January 25, 2013.
    We must receive comments on this AD by February 25, 2013.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: U.S. Department of Transportation, 1200 New Jersey
Avenue SE., West Building Ground Floor, Room W12-140, Washington, DC
20590-0001.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.
    For service information identified in this AD, contact Rolls-Royce
Deutschland Ltd & Co KG, Eschenweg 11, Dahlewitz, 15827 Blankenfelde-
Mahlow, Germany; phone: 49 0 33-7086-1883; fax: 49 0 33-7086-3276. You
may view this service information at the FAA, Engine & Propeller
Directorate, 12 New England Executive Park, Burlington, MA 01803. For
information on the availability of this material at the FAA, call 781-
238-7125.

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Frederick Zink, Aerospace Engineer,
Engine Certification Office, FAA, Engine & Propeller Directorate, 12
New England Executive Park, Burlington, MA 01803; phone:<PHONE_NUMBER>;
fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Emergency Airworthiness Directive 2012-0234, dated November 6, 2012
(referred to after this as ``the MCAI''), to correct an unsafe
condition for the specified products. The MCAI states:

The Low Pressure Compressor (LPC) (fan) blades of certain Tay 620/
15/20 and Tay 620-15 engines show evidence of excessive leading edge
erosion. Excessive material removal during the maintenance reduces
the LPC (fan) blade chordal width and potentially changes the
balance of the fan blade. Reduced chordal width can affect LPC (fan)
blade performance and in combination with other circumstances could
lead to a fan blade root failure and fan blade separation.

This condition, if not detected and corrected, could lead to the LPC
(fan) blade failure, potentially causing release of high-energy
debris, possibly resulting in damage to the aeroplane and/or injury
to the occupants.

We are issuing this AD to prevent failure of the LPC fan blade, which
could result in uncontained engine failure and damage to the airplane.
You may obtain further information by examining the MCAI in the AD
docket.

Relevant Service Information

    RRD has issued Alert Non-Modification Service Bulletin TAY-72-
A1777, dated October 26, 2012. The actions described in this service
information are intended to correct the unsafe condition identified in
the MCAI.

FAA's Determination and Requirements of This AD

    This product has been approved by Germany and is approved for
operation in the United States. Pursuant to our bilateral agreement
with the European Community, EASA has notified us of the unsafe
condition described in the MCAI and service information referenced
above. We are issuing this AD because we evaluated all information
provided by EASA and determined the unsafe condition exists and is
likely to exist or develop on other products of the same type design.
This AD requires a one-time inspection of the LPC fan blades and if
erosion is found their replacement before further flight.

FAA's Determination of the Effective Date

    No domestic operators use this product. Therefore, we find that
notice and opportunity for prior public comment are unnecessary and
that good cause exists for making this amendment effective in less than
30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2012-1350; Directorate
Identifier 2012-NE-40-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD because of
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact
with FAA personnel concerning this AD. Using the search function of the
Web site, anyone can find and read the comments in any of our dockets,
including, if provided, the name of the individual who sent the comment
(or signed the comment on behalf of an association, business, labor
union, etc.). You may review the DOT's complete Privacy Act Statement
in the

Federal Register published on April 11, 2000 (65 FR 19477-78).

Authority for This Rulemaking

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

Regulatory Findings

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

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:

2012-27-01 Rolls-Royce Deutschland Ltd & Co KG (Formerly Rolls-Royce
plc, Derby, England): Amendment 39-17313; Docket No. FAA-2012-1350;
Directorate Identifier 2012-NE-40-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective January 25,
2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Rolls-Royce Deutschland Ltd & Co KG (RRD) Tay
620-15 turbofan engines, serial numbers 17085, 17088, 17166, 17072,
17073, 17078, and 17079.

(d) Reason

    This AD was prompted by evidence of excessive leading edge
erosion of the low-pressure compressor (LPC) fan blades on certain
Tay 620-15 engines. We are issuing this AD to prevent failure of the
LPC fan blade, which could result in uncontained engine failure and
damage to the airplane.

(e) Actions and Compliance

    Unless already done, do the following.
    (1) Before the next flight after the effective date of the AD,
inspect the leading edge of the LPC fan blades and determine if
excessive erosion is evident. Guidance on conducting the inspection
can be found in RRD Alert Non-Modification Service Bulletin (NMSB)
TAY-72-A1777, dated October 26, 2012.
    (2) If the measured blade chordal width is outside the
requirements, before the next flight, replace the complete set of
LPC fan blades with a set of LPC fan blades eligible for
installation.
    (3) Within 30 days after performing the inspection required by
paragraph (e)(1) of this AD, provide, for all repaired blades, the
actual chordal width measurement to RRD, Service Engineering.

(f) Paperwork Reduction Act Burden Statement

    For any reporting requirement in this AD, a federal agency may
not conduct or sponsor, and a person is not required to respond to,
nor shall a person be subject to a penalty for failure to comply
with a collection of information subject to the requirements of the
Paperwork Reduction Act unless that collection of information
displays a current valid OMB Control Number. The OMB Control Number
for this information collection is 2120-0056. Public reporting for
this collection of information is estimated to be approximately 5
minutes per response, including the time for reviewing instructions,
completing and reviewing the collection of information. All
responses to this collection of information are mandatory. Comments
concerning the accuracy of this burden and suggestions for reducing
the burden should be directed to the FAA at: 800 Independence Ave.
SW., Washington, DC 20591, Attn: Information Collection Clearance
Officer, AES-200.

(g) Alternative Methods of Compliance (AMOCs)

    The Manager, Engine Certification Office, may approve AMOCs for
this AD. Use the procedures found in 14 CFR 39.19 to make your
request.

(h) Related Information

    (1) For more information about this AD, contact Frederick Zink,
Aerospace Engineer, Engine Certification Office, FAA, Engine &
Propeller Directorate, 12 New England Executive Park, Burlington, MA
01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) Refer to European Aviation Safety Agency Emergency AD 2012-
0234, dated November 6, 2012, and RRD Alert NMSB TAY-72-A1777.
    (3) For service information identified in this AD, contact
Rolls-Royce Deutschland Ltd & Co KG, Eschenweg 11, Dahlewitz, 15827
Blankenfelde-Mahlow, Germany; phone: 49 0 33-7086-1883; fax: 49 0
33-7086-3276. You may view this service information at FAA, Engine &
Propeller Directorate, 12 New England Executive Park, Burlington,
MA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.

(i) Material Incorporated by Reference

    None.

    Issued in Burlington, Massachusetts, on December 27, 2012.
Colleen M. D'Alessandro,
Assistant Manager, Engine & Propeller Directorate, Aircraft
Certification Service.
[FR Doc. 2013-00128 Filed 1-9-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 179 (Thursday, September 15, 2016)]
[Rules and Regulations]
[Pages 63367-63370]
[FR Doc No: 2016-21292]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-0077; Directorate Identifier 2013-NM-254-AD;
Amendment 39-18645; AD 2016-18-14]
RIN 2120-AA64

Airworthiness Directives; ATR--GIE Avions de Transport
R[eacute]gional Airplanes

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

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
ATR--GIE Avions de Transport R[eacute]gional Model ATR42-500 and Model
ATR72-212A airplanes. This AD was prompted by a report indicating that
interference occurred between a Type III Emergency Exit door and the
surrounding passenger cabin furnishing during a production check. This
AD requires measuring the gap between the Type III Emergency Exit doors
and certain overhead stowage compartment fittings; removing certain
fittings from the overhead stowage compartments and measuring the gap
between the Type III Emergency Exit doors and the overhead stowage
compartment hooks, if necessary; re-installing or repairing, as
applicable, the Type III Emergency Exit doors; and modifying the
overhead stowage compartments. We are issuing this AD to prevent
interference between a Type III Emergency Exit door and the overhead
stowage compartment fitting installed on the rail, which could result
in obstructed opening of a Type III Emergency Exit door during an
emergency evacuation.

DATES: This AD is effective October 20, 2016.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of October 20,
2016.

ADDRESSES: For service information identified in this final rule,
contact ATR--GIE Avions de Transport R[eacute]gional, 1, All[eacute]e
Pierre Nadot, 31712 Blagnac Cedex, France; telephone +33 (0) 5 62 21 62
21; fax +33 (0) 5 62 21 67 18; email<EMAIL_ADDRESS>
Internet http://www.aerochain.com. You may view this referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call 425-227-

1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
0077.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
0077; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The street address for the Docket Office (telephone
800-647-5527) is Docket Management Facility, U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a supplemental notice of proposed rulemaking (SNPRM) to
amend 14 CFR part 39 by adding an AD that would apply to certain ATR--
GIE Avions de Transport R[eacute]gional Model ATR42-500 and Model
ATR72-212A airplanes. The SNPRM published in the Federal Register on
May 12, 2016 (81 FR 29511) (``the SNPRM''). We preceded the SNPRM with
a notice of proposed rulemaking (NPRM) that published in the Federal
Register on January 23, 2015 (80 FR 3531) (``the NPRM''). The NPRM
proposed to require measuring the gap between the Type III Emergency
Exit doors and certain overhead stowage compartment fittings; removing
certain fittings from the overhead stowage compartments and measuring
the gap between the Type III Emergency Exit doors and the overhead
stowage compartment hooks, if necessary; and re-installing or
repairing, as applicable, the Type III Emergency Exit doors. The SNPRM
proposed to add requirements for modifying the overhead stowage
compartments (including removing the hooks and fittings from the
lateral rails) and re-identifying the overhead stowage compartments
with new part numbers. We are issuing this AD to prevent interference
between a Type III Emergency Exit door and the overhead stowage
compartment fitting installed on the rail, which could result in
obstructed opening of a Type III Emergency Exit door during an
emergency evacuation.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Airworthiness Directive 2015-0018, dated February 5, 2015 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition on certain ATR--GIE
Avions de Transport R[eacute]gional Model ATR42-500 and Model ATR72-
212A airplanes. The MCAI states:

    Interference between a Type III Emergency Exit door opening and
surrounding passenger cabin furnishing was detected during a
production check.
    Subsequent investigation identified an insufficient gap between
the emergency exit door internal skin structure and the overhead
stowage compartment fitting, installed on the rail, as a cause of
the interference.
    This condition, if not detected and corrected, could prevent an
unobstructed opening of both Type III Emergency Exit doors in case
of emergency evacuation.
    Prompted by this finding, EASA issued AD 2013-0280 to require a
one-time check of the gap between the Type III Emergency Exit door
internal skin and a relevant fitting and, depending on findings, the
accomplishment of applicable corrective action(s). That [EASA] AD
was considered to be a temporary measure.
    Since that [EASA] AD was issued, ATR developed a design solution
to ensure that no interference with surrounding structure occurs
during opening of an emergency exit. ATR Service Bulletins (SB)
ATR42-25-0185, SB ATR42-25-0186, SB ATR72-25-1148 and SB ATR72-25-
1149 were issued to provide the necessary modification instructions
for in-service aeroplanes. For the reason described above, this
[EASA] AD retains the requirements of EASA AD 2013-0280, which is
superseded, and requires modification of the overhead bin attachment
adjacent to the Type III emergency exit doors [The modification
includes removing the hooks and fittings from the lateral rails and
re-identifying the overhead stowage compartments].

Required actions include an additional measurement of the gap between
the internal skin and overhead stowage compartment hooks of both Type
III Emergency Exits, if necessary. Corrective actions include re-
installing the Type III Emergency Exit doors and doing a repair. You
may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
0077.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the SNPRM or on the determination
of the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and
the public interest require adopting this AD as proposed except for
minor editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
SNPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the SNPRM.

Related Service Information Under 1 CFR Part 51

    Avions de Transport R[eacute]gional Service has issued the
following service information:
     ATR Service Bulletin ATR42 25-0180, dated August 19, 2013,
which describes procedures for, among other things, removing certain
fittings from the overhead stowage compartments, measuring the gap
between the Type III Emergency Exit doors and the overhead stowage
compartment hooks, re-installing the Type III Emergency Exit doors, and
repairing the Type III Emergency Exit doors.
     ATR Service Bulletin ATR72 25-1141, dated August 19, 2013,
which describes procedures for, among other things, removing certain
fittings from the overhead stowage compartments, measuring the gap
between the Type III Emergency Exit doors and the overhead stowage
compartment hooks, and re-installing the Type III Emergency Exit doors.
     ATR Service Bulletin ATR42-25-0185, dated November 21,
2014, which describes procedures for modifying the overhead stowage
compartments.
     ATR Service Bulletin ATR42-25-0186, dated November 21,
2014, which describes procedures for modifying the overhead stowage
compartments.
     ATR Service Bulletin ATR72-25-1148, dated November 21,
2014, which describes procedures for modifying the overhead stowage
compartments.
     ATR Service Bulletin ATR72-25-1149, dated November 21,
2014, which describes procedures for modifying the overhead stowage
compartments.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 4 airplanes of U.S. registry.
    We also estimate that it will take about 4 work-hours per product
to

comply with the new basic requirements of this AD. The average labor
rate is $85 per work-hour. Required parts will cost about $0 per
product. Based on these figures, we estimate the cost of this AD on
U.S. operators to be $1,360, or $340, or per product.
    In addition, we estimate that any necessary follow-on actions will
take about 1 work-hour for a cost of $85 per product. We have no way of
determining the number of aircraft that might need these actions.

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.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2016-18-14 ATR--GIE Avions de Transport R[eacute]gional: Amendment
39-18645; Docket No. FAA-2015-0077; Directorate Identifier 2013-NM-
254-AD.

(a) Effective Date

    This AD is effective October 20, 2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the airplanes, certificated in any category,
identified in paragraphs (c)(1) and (c)(2) of this AD.
    (1) ATR--GIE Avions de Transport R[eacute]gional Model ATR42-500
airplanes, all manufacturer serial numbers (MSNs) on which ATR
Modification 6518 has been embodied in production, except those
airplanes on which ATR Modification 7294 has been embodied in
production.
    (2) ATR--GIE Avions de Transport R[eacute]gional Model ATR72-
212A airplanes on which ATR Modification 6517 has been embodied in
production, except those airplanes on which ATR Modification 7294
has been embodied in production.

 (d) Subject

    Air Transport Association (ATA) of America Code 25, Equipment/
furnishings.

(e) Reason

    This AD was prompted by a report indicating that interference
occurred between a Type III Emergency Exit door and the surrounding
passenger cabin furnishing during a production check. We are issuing
this AD to prevent interference between a Type III Emergency Exit
door and the overhead stowage compartment fitting installed on the
rail; which could result in obstructed opening of a Type III
Emergency Exit door during an emergency evacuation.

(f) Compliance

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

(g) Measurement of Gap Between Type III Emergency Exit Doors and
Certain Overhead Stowage Compartment Fittings

    For all airplanes, except those airplanes on which ATR
Modification 7152 has been embodied in production and except
airplanes having MSN 1002, 1005, 1089, 1094, 1095, 1097, 1098, 1099,
1100, 1101, or 1102: Within 2 months after the effective date of
this AD, measure the gap between each Type III Emergency Exit door,
left-hand (LH) and right-hand (RH), and the overhead stowage
compartment fitting installed on the rail by unlocking and slightly
rotating the LH and RH Type III Emergency Exit doors with the doors
remaining on the lower fittings. Use a shim gauge 6 millimeters (mm)
(0.236 inch) thick, to measure the gap between the internal skin of
the doors and the relevant fittings, part numbers (P/N)
S2522924620000 (LH fitting) and P/N S2522924620100 (RH fitting).

    Note 1 to paragraph (g) of this AD: Illustrations may be found
in the applicable ATR Illustrated Parts Catalog (IPC) 25-23-02,
figure 87, item 90/100.

    Note 2 to paragraph (g) of this AD: It might be necessary to
pull on the door blanket to correctly see the door internal skin.

(h) Re-Installation of Type III Emergency Exit Doors

    During the measurement required by paragraph (g) of this AD, if
it is determined that there is a gap equal to or greater than 6 mm
(0.236 inch): Before further flight, re-install the LH and RH Type
III Emergency Exit Doors, in accordance with paragraph 3.C.(1)(d) of
the Accomplishment Instructions of ATR Service Bulletin ATR42-25-
0180, dated August 19, 2013; or ATR Service Bulletin ATR72-25-1141,
dated August 19, 2013; as applicable.

(i) Removal of Fitting and Measurement of Gap Between Door Internal
Skin and Overhead Stowage Compartment Hooks

    During the measurement required by paragraph (g) of this AD, if
it is determined that there is a gap less than 6 mm (0.236 inch):
Before further flight, remove the fitting having P/N S2522924620000
(LH fitting) or P/N S2522924620100 (RH fitting), and measure the gap
between the internal skin of the LH and RH Type III Emergency Exit
doors and the overhead stowage compartment hooks, in accordance with
the Accomplishment Instructions of ATR Service Bulletin ATR42-25-
0180, dated August 19, 2013; or ATR72-25-1141, dated August 19,
2013; as applicable.
    (1) If, during the measurement required by paragraph (i) of this
AD, it is determined that there is a gap equal to or greater than 6
mm (0.236 inch): Before further flight, re-install the LH and RH
Type III Emergency Exit Doors, in accordance with the Accomplishment
Instructions of ATR Service Bulletin ATR42-25-0180, dated August 19,
2013; or ATR72-25-1141, dated August 19, 2013; as applicable.
    (2) If, during the measurement required by paragraph (i) of this
AD, it is determined that there is a gap less than 6 mm (0.236
inch): Before further flight, repair using a method approved by the
Manager, International Branch, ANM-116, Transport Airplane
Directorate, FAA; or the European Aviation Safety Agency (EASA); or
ATR-GIE Avions de Transport R[eacute]gional's EASA Design
Organization Approval (DOA).

(j) Modification of Overhead Stowage Compartments and Re-Identification
of Part Number

    Within 4 months after the effective date of this AD: Modify the
overhead stowage compartments, in accordance with the Accomplishment
Instructions of the applicable service information identified in
paragraphs (j)(1) through (j)(4) of this AD.
    (1) For airplanes identified in ATR Service Bulletin ATR42-25-
0185, dated November 21, 2014: ATR Service Bulletin ATR42-25-0185,
dated November 21, 2014.
    (2) For airplanes identified in ATR Service Bulletin ATR42-25-
0186, dated November 21, 2014: ATR Service Bulletin ATR42-25-0186,
dated November 21, 2014.
    (3) For airplanes identified in ATR Service Bulletin ATR72-25-
1148, dated November 21, 2014: ATR Service Bulletin ATR72-25-1148,
dated November 21, 2014.
    (4) For airplanes identified in ATR Service Bulletin ATR72-25-
1149, dated November 21, 2014: ATR Service Bulletin ATR72-25-1149,
dated November 21, 2014.

(k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it to ATTN: Tom
Rodriguez, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton,
WA 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Information
may be emailed to<EMAIL_ADDRESS>Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA; or EASA; or
ATR--GIE Avions de Transport R[eacute]gional's EASA DOA. If approved
by the DOA, the approval must include the DOA-authorized signature.

(l) Related Information

    Refer to Mandatory Continuing Airworthiness Information (MCAI)
EASA Airworthiness Directive 2015-0018, dated February 5, 2015, for
related information. This MCAI may be found in the AD docket on the
Internet at http://www.regulations.gov by searching for and locating
Docket No. FAA-2015-0077.

(m) 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 this AD specifies otherwise.
    (i) ATR Service Bulletin ATR42-25-0180, dated August 19, 2013.
    (ii) ATR Service Bulletin ATR42-25-0185, dated November 21,
2014.
    (iii) ATR Service Bulletin ATR42-25-0186, dated November 21,
2014.
    (iv) ATR Service Bulletin ATR72-25-1141, dated August 19, 2013.
    (v) ATR Service Bulletin ATR72-25-1148, dated November 21, 2014.
    (vi) ATR Service Bulletin ATR72-25-1149, dated November 21,
2014.
    (3) For service information identified in this AD, contact ATR--
GIE Avions de Transport R[eacute]gional, 1, All[eacute]e Pierre
Nadot, 31712 Blagnac Cedex, France; telephone +33 (0) 5 62 21 62 21;
fax +33 (0) 5 62 21 67 18; email<EMAIL_ADDRESS>
Internet http://www.aerochain.com.
    (4) You may view this service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on August 25, 2016.
John P. Piccola, Jr.,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-21292 Filed 9-14-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 21 (Friday, January 31, 2014)]
[Notices]
[Page 5399]
[FR Doc No: 2014-02039]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2012-0915; FRL-9906-11-OEI]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; Reporting and Recordkeeping for Asbestos
Abatement Worker Protection

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency has submitted a new
information collection request (ICR), ``Reporting and Recordkeeping for
Asbestos Abatement Worker Protection'' (EPA ICR No. 1246.12, OMB
Control No. 2070-0072) to the Office of Management and Budget (OMB) for
review and approval in accordance with the Paperwork Reduction Act (44
U.S.C. 3501 et seq.). Public comments were previously requested via the
Federal Register (78 FR 48431) on August 8, 2013, during a 60-day
comment period. This notice allows for an additional 30 days for public
comments. A fuller description of the ICR is given below, including its
estimated burden and cost to the public. An Agency may not conduct or
sponsor and a person is not required to respond to a collection of
information unless it displays a currently valid OMB control number.

DATES: Additional comments may be submitted on or before March 3, 2014.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OPPT-2012-0915, to (1) EPA online using www.regulations.gov (our
preferred method), by email to<EMAIL_ADDRESS>or by mail to: EPA
Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200
Pennsylvania Ave. NW., Washington, DC 20460, and (2) OMB via email to
<EMAIL_ADDRESS>Address comments to OMB Desk Officer for
EPA.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Pamela Myrick, Deputy Director,
Environmental Assistance Division, Office of Pollution Prevention and
Toxics, Mail code: 7408-M, Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460; telephone number: 202-554-
1404; fax number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information that the EPA will be collecting are available in the
public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, EPA West,
Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Abstract: EPA's asbestos worker protection rule is designed to
provide occupational exposure protection to state and local government
employees who are engaged in asbestos abatement activities in states
that do not have state plans approved by the Occupational Safety and
Health Administration (OSHA). The rule provides protection for public
employees not covered by the OSHA standard from the adverse health
effects associated with occupational exposure to asbestos. Specifically
the rule requires state and local governments to monitor employee
exposure to asbestos, take action to reduce exposure to asbestos,
monitor employee health and train employees about asbestos hazards.
    The rule includes a number of information reporting and
recordkeeping requirements. State and local government agencies are
required to provide employees with information about exposures to
asbestos and the associated health effects. The rule also requires
state and local governments to notify EPA before commencing any
asbestos abatement project. State and local governments must maintain
medical surveillance and monitoring records and training records on
their employees, must establish a set of written procedures for
respirator programs and must maintain procedures and records of
respirator fit tests. EPA will use the information to monitor
compliance with the asbestos worker protection rule. This request
addresses these reporting and recordkeeping requirements.
    Responses to the collection of information are mandatory (see 40
CFR 763 Subpart G). EPA will disclose information that is covered by a
claim of confidentiality only to the extent permitted by, and in
accordance with, the procedures in TSCA and 40 CFR Part 2.
    Form Numbers: None.
    Respondents/affected entities: Entities potentially affected by
this action are state and local government employers in 25 states, the
District of Columbia, and certain U.S. Territories that have employees
engaged in asbestos-related construction, custodial and brake and
clutch repair activities without OSHA-approved state plans.
    Respondent's obligation to respond: Mandatory.
    Estimated number of respondents: 22,488 (total).
    Frequency of response: On occasion.
    Total estimated burden: 363,517 hours per year. Burden is defined
at 5 CFR 1320.03(b).
    Total estimated cost: $14,548,910 per year, includes $0 annualized
capital or operation and maintenance costs.
    Changes in the estimates: There is a very minor decrease of 6
burden hours per year compared with that identified in the ICR
currently approved by OMB (from 363,523 hours to 363,517 hours). This
change is an adjustment and is explained in the supporting statement.

John Moses,
Director, Collection Strategies Division.
[FR Doc. 2014-02039 Filed 1-30-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 143 (Tuesday, July 26, 2016)]
[Notices]
[Pages 48869-48875]
[FR Doc No: 2016-17572]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78373; File No. SR-NYSEArca-2016-97]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
of Proposed Rule Change Relating to the Listing and Trading of Shares
of PowerShares Government Collateral Pledge Portfolio Under NYSE Arca
Equities Rule 8.600

July 20, 2016.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on July 6, 2016, NYSE Arca, Inc. (the ``Exchange'' or
``NYSE Arca'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to list and trade shares of the following
under NYSE Arca Equities Rule 8.600 (``Managed Fund Shares''):
PowerShares Government Collateral Pledge Portfolio. The proposed rule
change is available on the Exchange's Web site at www.nyse.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 self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

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

1. Purpose
    The Exchange proposes to list and trade shares (``Shares'') of the
following under NYSE Arca Equities Rule 8.600,\4\ which governs the
listing and trading of Managed Fund Shares: \5\ PowerShares Government
Collateral Pledge Portfolio (``Fund''). The Fund is a series of the
PowerShares Actively Managed Exchange Traded Trust (the ``Trust'').\6\
Invesco PowerShares Capital Management LLC is the investment advisor
for the Fund (``Adviser''). Invesco Advisers, Inc. is the sub-adviser
for the Fund (``Invesco'' or ``Sub-Adviser''). The Bank of New York
Mellon (``BNYM'' or ``Custodian'') will be the administrator, custodian
and transfer agent for the Fund. Invesco Distributors, Inc. will be the
Fund's distributor (``Distributor'').
---------------------------------------------------------------------------

    \4\ The Commission has previously approved listing and trading
on the Exchange of actively managed funds under Rule 8.600. See,
e.g., Securities Exchange Act Release Nos. 57801 (May 8, 2008), 73
FR 27878 (May 14, 2008) (SR-NYSEArca-2008-31) (order approving
Exchange listing and trading of twelve actively-managed funds of the
WisdomTree Trust); 66321 (February 3, 2012), 77 FR 6850 (February 9,
2012) (SR-NYSEArca-2011-95) (order approving listing and trading of
PIMCO Total Return Exchange Traded Fund); 66670 (March 28, 2012), 77
FR 20087 (April 3, 2012) (SR-NYSEArca-2012-09) (order approving
listing and trading of PIMCO Global Advantage Inflation-Linked Bond
Strategy Fund).
    \5\ A Managed Fund Share is a security that represents an
interest in an investment company registered under the Investment
Company Act of 1940 (15 U.S.C. 80a-1) (``1940 Act'') organized as an
open-end investment company or similar entity that invests in a
portfolio of securities selected by its investment adviser
consistent with its investment objectives and policies. In contrast,
an open-end investment company that issues Investment Company Units,
listed and traded on the Exchange under NYSE Arca Equities Rule
5.2(j)(3), seeks to provide investment results that correspond
generally to the price and yield performance of a specific foreign
or domestic stock index, fixed income securities index or
combination thereof.
    \6\ The Trust is registered under the 1940 Act. On May 20, 2016,
the Trust filed with the Commission an amendment to its registration
statement on Form N-1A under the Securities Act of 1933 (15 U.S.C.
77a) (``Securities Act'') and the 1940 Act relating to the Fund
(File Nos. 333-147622 and 811-22148) (the ``Registration
Statement''). The description of the operation of the Trust and the
Fund herein is based, in part, on the Registration Statement. In
addition, the Commission has issued an order granting certain
exemptive relief to the Trust and the Adviser (as defined below)
under the 1940 Act. See Investment Company Act Release No. 28171
(February 27, 2008) (File No. 812-13386) (``Exemptive Order''). The
Fund will be offered in reliance upon the Exemptive Order issued to
the Trust and the Adviser.
---------------------------------------------------------------------------

    Commentary .06 to Rule 8.600 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.\7\ In addition,
Commentary .06 further requires that personnel who make decisions on
the open-end fund's portfolio composition must be subject to procedures
designed to prevent the use and dissemination of material nonpublic
information regarding the open-end fund's portfolio. The Adviser and
Sub-Adviser each is not registered as a broker-dealer but is affiliated
with a broker-dealer. The Adviser and Sub-Adviser each has implemented
and will maintain a fire wall with respect to its affiliated broker-
dealer regarding access to information concerning the composition and/
or changes to the Fund's portfolio. In the event (a) the Adviser or
Sub-Adviser becomes registered as a broker-dealer or newly affiliated
with a broker-dealer, or (b) any new adviser or sub-adviser becomes
registered as a broker-dealer or newly affiliated with a broker-dealer,
it will implement a fire wall with respect to its relevant personnel or
such broker-dealer affiliate 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.
---------------------------------------------------------------------------

    \7\ An investment adviser to an open-end fund is required to be
registered under the Investment Advisers Act of 1940 (the ``Advisers
Act''). As a result, the Adviser and Sub-Adviser and their 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. The Exchange represents that the
Adviser and its related personnel are subject to Investment Advisers
Act Rule 204A-1. 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.
---------------------------------------------------------------------------

Principal Investments
    According to the Registration Statement, the Fund's investment
objective will be to seek to provide as high a level of current income
as is consistent with liquidity and minimum volatility of principal.
The Fund will seek to achieve its investment objective by investing,
under normal market conditions,\8\ at least 80% of its net assets in a
portfolio of registered U.S. government money market mutual funds (the
``Underlying Funds'') and in U.S. dollar-denominated government
securities and other money market securities eligible for investment by
U.S. government money market funds (including indirect investments in
those securities through the Underlying Funds).
---------------------------------------------------------------------------

    \8\ The term ``under normal market conditions'' includes, but is
not limited to, the absence of extreme volatility or trading halts
in the fixed income securities markets or the financial markets
generally; circumstances under which the Fund's investments are made
for temporary defensive purposes; operational issues (e.g., systems
failure) causing dissemination of inaccurate market information; 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.
---------------------------------------------------------------------------

    Under normal market conditions, the Fund intends to invest a
substantial portion of its assets in the following Underlying Funds:
The Treasury Portfolio, Government TaxAdvantage Portfolio, Government &
Agency Portfolio and Premier US Government Money Portfolio, each of
which is advised by an affiliate of the Adviser. In constructing the
Fund's portfolio, the Sub-Adviser generally will allocate and
reallocate the Fund's assets among the Underlying Funds on a monthly
basis on an approximate pro rata basis that is based on the amount of
net assets of each Underlying Fund. However, the Sub-Adviser is not
required to invest the Fund's assets in any particular Underlying Fund
or allocate any particular percentage of the Fund's assets to any
particular Underlying Fund. Invesco may add, eliminate or replace any
or all Underlying Funds at any time. Any additions to or replacements
of the Underlying Funds in the Fund's portfolio also will be registered
U.S. government money market funds with investment characteristics that
are substantially similar to those of the Underlying Funds. The
Adviser, the Sub-Adviser or their affiliates may advise some or all the
Underlying Funds.
    According to the Registration Statement, each Underlying Fund is a
``government money market fund'' (as that term is defined under Rule
2a-7 of the 1940 Act) and seeks to maintain a stable $1.00 net asset
value (``NAV''). Each Underlying Fund has an investment objective of
seeking to provide current income consistent with preservation of
capital and liquidity. The securities held by the Underlying Funds will
comply with all requirements of Rule 2a-7 and other Commission rules
applicable to money market funds seeking a stable NAV. Each Underlying
Fund invests at least 99.5% of its total assets in cash, government
securities, and/or repurchase agreements collateralized by cash or
government securities. In addition, each Underlying Fund invests only
in U.S. dollar-denominated securities maturing within 397 days of the
date of purchase, with certain exceptions permitted by applicable
regulations, and maintains a dollar-weighted average portfolio maturity
of no more than 60 days, and a dollar-weighted average portfolio
maturity (as determined without exceptions regarding certain interest
rate adjustments under Rule 2a-7) of no more than 120 days.
    Unlike the Underlying Funds, the Fund will not be a money market
fund, meaning that it will not seek to maintain a stable NAV of $1.00,
nor will it be subject to other requirements of Rule 2a-7. However, the
Fund will only purchase securities issued by registered government
money market funds, or securities that comply with the quality and
eligibility requirements of Rule 2a-7, as described above.
    Additionally, the Fund and the Underlying Funds may invest in
variable and floating rate instruments that are permitted under the
requirements of Rule 2a-7.
    The Fund and the Underlying Funds may transact in securities on a
when-issued, delayed delivery or forward commitment basis. The purchase
or sale of securities on a when-issued or delayed delivery basis or
through a forward commitment involves the purchase or sale of
securities at an established price with payment and delivery taking
place in the future.
Creation and Redemption of Shares
    The Trust will issue Shares of the Fund only in ``Creation Unit
Aggregations'' on a continuous basis through the Distributor at its NAV
next determined after receipt, on any business day of an order in
proper form. A Creation Unit Aggregation is 50,000 Shares and the size
of a Creation Unit Aggregation is subject to change.
    Creation Unit Aggregations of the Fund generally will be sold
principally for cash, calculated based on the NAV per Share multiplied
by the number of Shares representing a Creation Unit (``Deposit
Cash''), plus any applicable administrative or other transaction fees,
as discussed below. The Fund also reserves the right to permit or
require Creation Units to be issued in-kind. If in-kind creations are
permitted or required, an investor must deposit a designated portfolio
of securities (``Deposit Securities'') and the ``Cash Component'',
computed as discussed below. Together, the Deposit Securities and the
Cash Component constitute the ``Fund Deposit'', which represents the
minimum initial and subsequent investment amount for a Creation Unit
Aggregation of the Fund.
    The Cash Component serves the function of compensating for any
differences between the NAV per Creation Unit Aggregation and the
Deposit Amount (as defined below). The Cash Component is an amount
equal to the difference between the NAV of the Shares (per Creation
Unit Aggregation) and the ``Deposit Amount''--an amount equal to the
market value of the Deposit Securities. If the Cash Component is a
positive number (i.e., the NAV per Creation Unit Aggregation exceeds
the Deposit Amount), the ``Authorized Participant'' (as defined below)
will deliver the Cash Component. If the Cash Component is a negative
number (i.e., the NAV per Creation Unit Aggregation is less than the
Deposit Amount), the Authorized Participant will receive the Cash
Component.
    To the extent that the Fund permits or requires Creation Units to
be issued in-kind, the Custodian will make available through the
National Securities Clearing Commission (``NSCC'') on each Business
Day, prior to the opening of business on the Exchange (currently 9:30
a.m., Eastern time), the list of the names and the required number or
par value of each Deposit Security and the amount of Cash Component to
be included in the current Fund Deposit (based on information at the
end of the previous Business Day) for the Fund. Such Fund Deposit will
be applicable, subject to any adjustments, to effect creations of
Creation Unit Aggregations of the Fund until the Fund's deadline for
the submission of purchase orders (the Fund's ``Cutoff Time'').
    In addition, the Trust reserves the right to permit or require the
substitution of an amount of cash--i.e., a ``cash in lieu'' amount--to
be added to the Cash Component to replace any

Deposit Security that: (i) May not be available in sufficient quantity
for delivery, (ii) may not be eligible for transfer through the systems
of the Depository Trust Company (``DTC'') or the ``Clearing Process''
(defined below) or that the Authorized Participant (defined below) is
not able to trade due to a trading restriction. The Fund also reserves
the right to permit or require a ``cash in lieu'' amount in certain
circumstances, including circumstances in which the delivery of the
Deposit Security by the ``Authorized Participant'' (as defined below)
would be restricted under applicable securities or other local laws or
in certain other situations.
    As noted above, Creation Units currently will be available only for
cash purchases. The Custodian will make available on each Business Day
information on the amount of Deposit Cash required for a Creation Unit.
    To be eligible to place orders with the Distributor and to create a
Creation Unit Aggregation of the Fund, an entity must be (i) a
``Participating Party,'' i.e., a broker-dealer or other participant in
the clearing process through the Continuous Net Settlement System of
the NSCC (the ``Clearing Process''), a clearing agency that is
registered with the Commission; or (ii) a DTC Participant. In each
case, the entity must have executed an agreement with the Distributor,
with respect to creations and redemptions of Creation Unit Aggregations
(``Participant Agreement''). A Participating Party and DTC Participant
are collectively referred to as an ``Authorized Participant''. Creation
Units may be purchased only by or through an Authorized Participant.
    To initiate an order for a Creation Unit, the Distributor or its
agent must receive an irrevocable order from an Authorized Participant,
in proper form, no later than 12:00 p.m., Eastern time, in each case on
the date such order is placed (the ``Transmittal Date'') in order for
creation of Creation Unit Aggregations to receive that day's NAV. An
order to create Creation Unit Aggregations is deemed received by the
Distributor on the Transmittal Date if (i) such order is received by
the Distributor not later than 12:00 p.m., Eastern time, on such
Transmittal Date and (ii) all other procedures set forth in the
Participant Agreement are properly followed.
    Shares may be redeemed only by Authorized Participants, and only in
Creation Unit Aggregations at their NAV next determined after receipt
of a redemption request in proper form by the Distributor or its agent
and only on a Business Day.
    Redemption requests for Creation Units of the Fund must be
submitted to the Distributor by or through an Authorized Participant.
An Authorized Participant must submit an irrevocable request to redeem
shares of the Fund generally before 12:00 p.m., Eastern time on any
Business Day in order to receive that day's NAV. Such order to redeem
Creation Unit Aggregations is deemed received by the Trust on the
Transmittal Date if (i) such order is received not later than 12:00
p.m., Eastern time; (ii) such order is accompanied or followed by the
requisite number of Shares of the Fund; and (iii) all other procedures
set forth in the Participant Agreement are properly followed.
    Creation Units of the Fund generally will be redeemed for cash in
an amount equal to the NAV of its Shares next determined after a
redemption request is received (minus any redemption transaction fees)
(the ``Cash Redemption Amount'').
    However, the Fund reserves the right to distribute securities in-
kind as payment for Creation Units being redeemed. During times when
the Fund permits such in-kind redemptions, the Custodian, through the
NSCC, will make available prior to the opening of business on the NYSE
(currently 9:30 a.m., Eastern time) on each Business Day, the
designated portfolio of securities (including any portion of such
securities for which cash may be substituted) that will be applicable
(subject to possible amendment or correction) to redemption requests
received in proper form on that day (``Fund Securities'') and an amount
of cash, as described below. Such Fund Securities and the corresponding
Cash Amount (each subject to possible amendment or correction) are
applicable in order to effect redemptions of Creation Units of the Fund
until the Fund's Cutoff Time. Fund Securities received on redemption
may not be identical to Deposit Securities that are applicable to
creations of Creation Units.
    The in-kind redemption proceeds for a Creation Unit Aggregation
generally will consist of Fund Securities plus or minus cash in an
amount equal to the difference between the NAV of the Fund Shares being
redeemed, as next determined after a receipt of a request in proper
form, and the value of the Fund Securities (the ``Redemption Cash
Component''), less a redemption transaction fee. In the event that the
Fund Securities have a value greater than the NAV of the Fund Shares, a
compensating cash payment equal to the difference is required to be
made by or through an Authorized Participant by the redeeming
shareholder.
    The right of redemption may be suspended or the date of payment
postponed (i) for any period during which the NYSE is closed (other
than customary weekend and holiday closings); (ii) for any period
during which trading on the NYSE is suspended or restricted; (iii) for
any period during which an emergency exists as a result of which
disposal of the Shares of the Fund or determination of the Fund's NAV
is not reasonably practicable; or (iv) in such other circumstances as
is permitted by the Commission.
Other Investments
    While the Fund, under normal circumstances, will invest at least
80% of its net assets in the securities and financial instruments
described above, the Fund may invest its remaining assets in the
following other assets and financial instruments, as described below.
    The Fund and the Underlying Funds also may invest in certain U.S.
government obligations other than those referenced above, namely
Treasury receipts where the principal and interest components are
traded separately under the Separate Trading of Registered Interest and
Principal of Securities (STRIPS) program (``stripped securities'').
    The Fund may invest directly in repurchase agreements and reverse
repurchase agreements.
Investment Restrictions
    The Fund will be classified as ``non-diversified''.\9\
---------------------------------------------------------------------------

    \9\ The diversification standard is set forth in Section 5(b)(1)
of the 1940 Act.
---------------------------------------------------------------------------

    The Fund intends to maintain the required level of diversification
and otherwise conduct its operations so as to qualify as a regulated
investment company for purposes of the U.S. Internal Revenue Code of
1986, as amended.\10\
---------------------------------------------------------------------------

    \10\ 26 U.S.C. 851.
---------------------------------------------------------------------------

    The Fund may invest up to an aggregate amount of 15% of its net
assets in illiquid assets (calculated at the time of investment). The
Fund will monitor its portfolio liquidity on an ongoing basis to
determine whether, in light of current circumstances, an adequate level
of liquidity is being maintained, and will consider taking appropriate
steps in order to maintain adequate liquidity if, through a change in
values, net assets, or other circumstances, more than 15% of the Fund's
net assets are held in illiquid

assets. Illiquid assets include securities subject to contractual or
other restrictions on resale and other instruments that lack readily
available markets as determined in accordance with Commission staff
guidance.\11\
---------------------------------------------------------------------------

    \11\ The Commission has stated that long-standing Commission
guidelines have required open-end funds to hold no more than 15% of
their net assets in illiquid securities and other illiquid assets.
See Investment Company Act Release No. 28193 (March 11, 2008), 73 FR
14618 (March 18, 2008), footnote 34. See also, Investment Company
Act Release No. 5847 (October 21, 1969), 35 FR 19989 (December 31,
1970) (Statement Regarding ``Restricted Securities''); Investment
Company Act Release No. 18612 (March 12, 1992), 57 FR 9828 (March
20, 1992) (Revisions of Guidelines to Form N-1A). A fund's portfolio
security is illiquid if it cannot be disposed of in the ordinary
course of business within seven days at approximately the value
ascribed to it by the fund. See Investment Company Act Release No.
14983 (March 12, 1986), 51 FR 9773 (March 21, 1986) (adopting
amendments to Rule 2a-7 under the 1940 Act); Investment Company Act
Release No. 17452 (April 23, 1990), 55 FR 17933 (April 30, 1990)
(adopting Rule 144A under the Securities Act).
---------------------------------------------------------------------------

    The Fund will not invest in futures, options, swaps or forward
contracts.
    The Fund's investments will be consistent with the Fund's
investment objective and will not be used to enhance leverage. That is,
while the Fund will be permitted to borrow as permitted under the 1940
Act, the Fund's investments will not be used to seek performance that
is the multiple or inverse multiple (e.g., 2Xs and 3Xs) of the Fund's
primary broad-based securities benchmark index (as defined in Form N-
1A).\12\
---------------------------------------------------------------------------

    \12\ The Fund's broad-based securities benchmark index will be
identified in a future amendment to the Registration Statement
following the Fund's first full calendar year of performance.
---------------------------------------------------------------------------

Net Asset Value
    According to the Registration Statement, BNYM will calculate the
Fund's NAV at 12:00 p.m., Eastern time, every day the NYSE is open,
provided that U.S. fixed-income assets may be valued as of the
announced closing time for trading in fixed-income instruments on any
day that the Securities Industry and Financial Markets Association
announces an early closing time. NAV is calculated by deducting all of
the Fund's liabilities from the total value of its assets and dividing
the result by the number of Shares outstanding, rounding to the nearest
cent. Generally, the portfolio securities are recorded in the NAV no
later than trade date plus one day. All valuations are subject to
review by the Trust's Board of Trustees (``Board'') or its delegate.
    The NAV for the Fund will be calculated and disseminated on each
day that the NYSE is open. In determining NAV, expenses are accrued and
applied daily and securities and other assets for which market
quotations are readily available are valued at market value. Securities
listed or traded on an exchange generally will be valued at the last
sales price or official closing price that day as of the close of the
exchange where the security primarily is traded.
    The Underlying Funds (including other open-end registered
investment companies), Treasury securities, cash equivalents or other
securities not listed on an exchange, normally will be valued using
prices provided by independent pricing services. Variable and floating
rate instruments, repurchase agreements and reverse repurchase
agreements likewise will be valued at prices supplied by approved
pricing services, which are generally based on bid-side quotations.)
[sic]
    The Adviser may use various pricing services or discontinue the use
of any pricing service at any time. Prices obtained from independent
third-party pricing services, broker-dealers or market makers to value
the Fund's securities and other assets and liabilities will be based on
information available at the time the Fund values its assets and
liabilities. If a security's market price is not readily available, or
if price quotes from a pricing service are not readily available
(including where the Sub-Adviser determines that the closing price of
the security is unreliable), securities will be valued by another
method in [sic] that the Sub-Adviser, in its judgment, believes will
better reflect the security's fair value accordance [sic] with the
Trust's valuation policies and procedures approved by the Trust's
Board.
    The Trust's Board will be responsible for the oversight of the
pricing procedures of the Fund and the valuation of the Fund's
portfolio. The Trust's Board has delegated day-to-day pricing
responsibilities to the Adviser's Pricing Committee, which will be
composed of officers of the Adviser. The Pricing Committee will be
responsible for the valuation and revaluation of any portfolio
investments for which market quotations or prices are not readily
available. The Trust and the Adviser have implemented procedures
designed to prevent the use and dissemination of material, nonpublic
information.
Availability of Information
    The Fund's Web site (www.invescopowershares.com), which will be
publicly available prior to the public offering of Shares, will include
a form of the prospectus for the Fund that may be downloaded. The
Fund's Web site will include additional quantitative information
updated on a daily basis, including, for the Fund, (1) daily trading
volume, the prior business day's reported closing price, NAV and mid-
point of the bid/ask spread at the time of calculation of such NAV (the
``Bid/Ask Price''),\13\ and a calculation of the premium and discount
of the Bid/Ask Price against the NAV, and (2) data in chart format
displaying the frequency distribution of discounts and premiums of the
daily Bid/Ask Price against the NAV, within appropriate ranges, for
each of the four previous calendar quarters. On each business day,
before commencement of trading in Shares in the Core Trading Session on
the Exchange, the Fund will disclose on its Web site the Disclosed
Portfolio as defined in NYSE Arca Equities Rule 8.600(c)(2) that will
form the basis for the Fund's calculation of NAV at the end of the
business day.\14\
---------------------------------------------------------------------------

    \13\ The Bid/Ask Price of the Fund's Shares will be determined
using the mid-point of the highest bid and the lowest offer on the
Exchange as of the time of calculation of the Fund's NAV. The
records relating to Bid/Ask Prices will be retained by the Fund and
its service providers.
    \14\ Under accounting procedures to be followed by the Fund,
trades made on the prior business day (``T'') will be booked and
reflected in NAV on the current business day (``T+1''). Accordingly,
the Fund will be able to disclose at the beginning of the business
day the portfolio that will form the basis for the NAV calculation
at the end of the business day.
---------------------------------------------------------------------------

    On a daily basis, the Adviser will disclose on the Fund's Web site
the following information regarding each portfolio holding of the Fund
and the Underlying Funds, as applicable to the type of holding: Ticker
symbol, CUSIP number or other identifier, if any; a description of the
holding (including the type of holding); the identity of the security
or other asset or instrument underlying the holding, if any; quantity
held (as measured by, for example, par value, notional value or number
of shares, contracts or units); maturity date, if any; coupon rate, if
any; effective date, if any; market value of the holding; and the
percentage weighting of the holding in the Fund's or Underlying Fund's
portfolio. The Web site information will be publicly available at no
charge.
    Investors can also obtain the Trust's Statement of Additional
Information (``SAI''), the Fund's Shareholder Reports, and Form N-CSR
and Form N-SAR, filed twice a year. The Trust's SAI and Shareholder
Reports will be available free upon request from the Trust, and those
documents and the Form N-CSR and Form N-SAR may be viewed on-screen or
downloaded from the Commission's Web site at www.sec.gov. Information
regarding market price and trading volume for the

Shares will be continually available on a real-time basis throughout
the day on brokers' computer screens and other electronic services.
Information regarding the previous day's closing price and trading
volume information for the Shares will be published daily in the
financial section of newspapers. Quotation and last sale information
for the Shares will be available via the Consolidated Tape Association
(``CTA'') high-speed line. Price information for the Underlying Funds,
other money market funds, STRIPS, U.S. government obligations, variable
and floating rate instruments, repurchase agreements and reverse
repurchase agreements will be available from major market data vendors.
In addition, the Portfolio Indicative Value (``PIV''), as defined in
NYSE Arca Equities Rule 8.600 (c)(3), will be widely disseminated by
one or more major market data vendors at least every 15 seconds during
the Core Trading Session.\15\ The dissemination of the PIV, together
with the Disclosed Portfolio, will allow investors to determine the
value of the underlying portfolio of the Fund on a daily basis and
provide a close estimate of that value throughout the trading day.
---------------------------------------------------------------------------

    \15\ Currently, it is the Exchange's understanding that several
major market data vendors display and/or make widely available PIVs
taken from CTA or other data feeds.
---------------------------------------------------------------------------

Trading Halts
    With respect to trading halts, the Exchange may consider all
relevant factors in exercising its discretion to halt or suspend
trading in the Shares of the Fund. Trading in Shares of the Fund will
be halted if the circuit breaker parameters in NYSE Arca Equities Rule
7.12 have been reached.\16\ Trading also may be halted because of
market conditions or for reasons that, in the view of the Exchange,
make trading in the Shares inadvisable. These may include: (1) The
extent to which trading is not occurring in the securities and/or the
financial instruments comprising the Disclosed Portfolio of the Fund;
or (2) whether other unusual conditions or circumstances detrimental to
the maintenance of a fair and orderly market are present. Trading in
the Shares will be subject to NYSE Arca Equities Rule 8.600(d)(2)(D),
which sets forth circumstances under which Shares of the Fund may be
halted [sic]
---------------------------------------------------------------------------

    \16\ See NYSE Arca Equities Rule 7.12.
---------------------------------------------------------------------------

Trading Rules
    The Exchange deems the Shares to be equity securities, thus
rendering trading in the Shares subject to the Exchange's existing
rules governing the trading of equity securities. Shares will trade on
the NYSE Arca Marketplace from 4 a.m. to 8 p.m. Eastern Time in
accordance with NYSE Arca Equities Rule 7.34 (Opening, Core, and Late
Trading Sessions). The Exchange has appropriate rules to facilitate
transactions in the Shares during all trading sessions. As provided in
NYSE Arca Equities Rule 7.6, the minimum price variation (``MPV'') for
quoting and entry of orders in equity securities traded on the NYSE
Arca Marketplace is $0.01, with the exception of securities that are
priced less than $1.00 for which the MPV for order entry is $0.0001.
    The Shares will conform to the initial and continued listing
criteria under NYSE Arca Equities Rule 8.600. The Exchange represents
that, for initial and/or continued listing, the Fund will be in
compliance with Rule 10A-3 \17\ under the Act, as provided by NYSE Arca
Equities Rule 5.3. A minimum of 100,000 Shares of the Fund will be
outstanding at the commencement of trading on the Exchange. The
Exchange will obtain a representation from the issuer of the Shares
that the NAV per Share will be calculated daily and that the NAV and
the Disclosed Portfolio of the Fund will be made available to all
market participants at the same time.
---------------------------------------------------------------------------

    \17\ 17 CFR 240.10A-3.
---------------------------------------------------------------------------

Surveillance
    The Exchange represents that trading in the Shares will be subject
to the existing trading surveillances administered by the Exchange, as
well as cross-market surveillances administered by the Financial
Industry Regulatory Authority (``FINRA'') on behalf of the Exchange,
which are designed to detect violations of Exchange rules and
applicable federal securities laws. The Exchange represents that these
procedures are adequate to properly monitor Exchange trading of the
Shares in all trading sessions and to deter and detect violations of
Exchange rules and federal securities laws applicable to trading on the
Exchange.\18\
---------------------------------------------------------------------------

    \18\ FINRA conducts 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.
---------------------------------------------------------------------------

    The surveillances referred to above generally focus on detecting
securities trading outside their normal patterns, which could be
indicative of manipulative or other violative activity. When such
situations are detected, surveillance analysis follows and
investigations are opened, where appropriate, to review the behavior of
all relevant parties for all relevant trading violations.
    The Exchange or FINRA, on behalf of the Exchange, or both, will
communicate as needed regarding trading in the Shares with other
markets or other entities that are members of the Intermarket
Surveillance Group (``ISG''),\19\ and the Exchange or FINRA, on behalf
of the Exchange, or both, may obtain trading information regarding
trading in the Shares from such markets or entities. In addition, the
Exchange may obtain information regarding trading in the Shares from
markets or other entities that are members of ISG or with which the
Exchange has in place a comprehensive surveillance sharing agreement.
FINRA, on behalf of the Exchange, is able to access, as needed, trade
information for certain fixed income securities held by the Fund
reported to FINRA's Trade Reporting and Compliance Engine (``TRACE'').
---------------------------------------------------------------------------

    \19\ For a list of the current members of ISG, see
www.isgportal.org. The Exchange notes that not all components of the
Disclosed Portfolio may trade on markets that are members of ISG or
with which the Exchange has in place a comprehensive surveillance
sharing agreement.
---------------------------------------------------------------------------

    In addition, the Exchange also has a general policy prohibiting the
distribution of material, non-public information by its employees.
    All statements and representations made in this filing regarding
(a) the description of the portfolio, (b) limitations on portfolio
holdings or reference assets, or (c) the applicability of Exchange
rules and surveillance procedures shall constitute continued listing
requirements for listing the Shares of the Fund on the Exchange.
    The issuer has represented to the Exchange that it will advise the
Exchange of any failure by the Fund to comply with the continued
listing requirements, and, pursuant to its obligations under Section
19(g)(1) of the Act, the Exchange will monitor for compliance with the
continued listing requirements. If the Fund is not in compliance with
the applicable listing requirements, the Exchange will commence
delisting procedures under NYSE Arca Equities Rule 5.5(m).
Information Bulletin
    Prior to the commencement of trading, the Exchange will inform its
Equity Trading Permit (``ETP'') Holders in an Information Bulletin
(``Bulletin'') of the special characteristics and risks associated with
trading the Shares. Specifically, the Bulletin will discuss the
following: (1) The procedures for purchases and redemptions of Shares
in Creation Units (and that Shares are not individually redeemable);
(2) NYSE Arca Equities Rule 9.2(a), which imposes a duty of due
diligence on its

ETP Holders to learn the essential facts relating to every customer
prior to trading the Shares; (3) the risks involved in trading the
Shares during the Opening and Late Trading Sessions when an updated PIV
will not be calculated or publicly disseminated; (4) how information
regarding the PIV and the Disclosed Portfolio is disseminated; (5) the
requirement that ETP Holders deliver a prospectus to investors
purchasing newly issued Shares prior to or concurrently with the
confirmation of a transaction; and (6) trading information.
    In addition, the Bulletin will reference that the Fund is subject
to various fees and expenses described in the Registration Statement.
The Bulletin will discuss any exemptive, no-action, and interpretive
relief granted by the Commission from any rules under the Act. The
Bulletin will also disclose that the NAV for the Shares will generally
be calculated as of 12:00 p.m., Eastern time, on each day the NYSE is
open for trading.
2. Statutory Basis
    The basis under the Act for this proposed rule change is the
requirement under Section 6(b)(5) \20\ that an exchange have rules that
are designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to remove
impediments to, and perfect the mechanism of a free and open market
and, in general, to protect investors and the public interest.
---------------------------------------------------------------------------

    \20\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change is designed to
prevent fraudulent and manipulative acts and practices in that the
Shares will be listed and traded on the Exchange pursuant to the
initial and continued listing criteria in NYSE Arca Equities Rule
8.600. The Exchange has in place surveillance procedures that are
adequate to properly monitor trading in the Shares in all trading
sessions and to deter and detect violations of Exchange rules and
federal securities laws applicable to trading on the Exchange.
    The proposed rule change is designed to promote just and equitable
principles of trade and to protect investors and the public interest.
The Adviser is not registered as a broker-dealer but is affiliated with
a broker-dealer. The Adviser has implemented and will maintain a fire
wall with respect to its affiliated broker-dealers [sic] regarding
access to information concerning the composition and/or changes to the
Fund's portfolio. The Exchange will obtain a representation from the
issuer of the Shares that the NAV per Share will be calculated daily
and that the NAV and the Disclosed Portfolio will be made available to
all market participants at the same time.
    The Exchange or FINRA, on behalf of the Exchange, or both, will
communicate as needed regarding trading in the Shares with other
markets or other entities that are members of the ISG, and the Exchange
or FINRA, on behalf of the Exchange, or both, may obtain trading
information regarding trading in the Shares from such markets or
entities. In addition, the Exchange may obtain information regarding
trading in the Shares from markets or other entities that are members
of ISG or with which the Exchange has in place a comprehensive
surveillance sharing agreement. FINRA, on behalf of the Exchange, is
able to access, as needed, trade information for certain fixed income
securities held by the Fund reported to FINRA's TRACE.
    Information regarding market price and trading volume for the
Shares will be continually available on a real-time basis throughout
the day on brokers' computer screens and other electronic services.
Information regarding the previous day's closing price and trading
volume information for the Shares will be published daily in the
financial section of newspapers. Quotation and last sale information
for the Shares will be available via the CTA high-speed line. Price
information for the Underlying Funds, investment company securities,
STRIPS, U.S. government obligations, variable and floating rate
instruments, repurchase agreements, and reverse repurchase agreements
will be available from major market data vendors. In addition, the PIV,
as defined in NYSE Arca Equities Rule 8.600(c)(3), will be widely
disseminated by one or more major market data vendors at least every 15
seconds during the Core Trading Session. Moreover, prior to the
commencement of trading, the Exchange will inform its ETP Holders in an
Information Bulletin of the special characteristics and risks
associated with trading the Shares. Trading in Shares of the Fund will
be halted if the circuit breaker parameters in NYSE Arca Equities Rule
7.12 have been reached or because of market conditions or for reasons
that, in the view of the Exchange, make trading in the Shares
inadvisable, and trading in the Shares will be subject to NYSE Arca
Equities Rule 8.600(d)(2)(D), which sets forth circumstances under
which Shares of the Fund may be halted. In addition, as noted above,
investors will have ready access to information regarding the Fund's
holdings, the PIV, the Disclosed Portfolio, and quotation and last sale
information for the Shares.
    The proposed rule change is designed to perfect the mechanism of a
free and open market and, in general, to protect investors and the
public interest in that it will facilitate the listing and trading of
an additional type of actively-managed exchange-traded product that
principally holds U.S. government securities and other money market
securities that will enhance competition among market participants, to
the benefit of investors and the marketplace. As noted above, the
Exchange has in place surveillance procedures relating to trading in
the Shares and may obtain information via ISG from other exchanges that
are members of ISG or with which the Exchange has entered into a
comprehensive surveillance sharing agreement. In addition, as noted
above, investors will have ready access to information regarding the
Fund's holdings, the PIV, the Disclosed Portfolio, and quotation and
last sale information for the Shares.

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 actively-managed exchange-traded product that
principally holds U.S. government securities and other money market
securities as discussed above, which 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

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

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) By order approve or disapprove 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_ADDRESS>Please include
File Number SR-NYSEArca-2016-97 on the subject line.

Paper Comments

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

    All submissions should refer to File Number SR-NYSEArca-2016-97.
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; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
NYSEArca-2016-97 and should be submitted on or before August 16, 2016.
---------------------------------------------------------------------------

    \21\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\21\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-17572 Filed 7-25-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 112 (Tuesday, June 11, 2019)]
[Notices]
[Pages 27112-27113]
[FR Doc No: 2019-12295]

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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9995-00-OA]

Notification of Request for Nominations to the National
Environmental Justice Advisory Council

AGENCY: Environmental Protection Agency (EPA).

ACTION: Request for Nominations to the National Environmental Justice
Advisory Council (NEJAC).

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

SUMMARY: The U.S. Environmental Protection Agency (EPA) invites
nominations from a diverse range of qualified candidates to be
considered for appointment to its National Environmental Justice
Advisory Council (NEJAC). The NEJAC was chartered to provide advice
regarding broad, cross-cutting issues related to environmental justice.
This notice solicits nominations to fill approximately seven (7) new
vacancies for terms through November 2020. To maintain the
representation outlined by the charter, nominees will be selected to
represent: Academia (3 vacancies); community-based organizations (2
vacancies); non-governmental organizations (1 vacancy) and tribal
governments and indigenous organizations (1 vacancy). Vacancies are
anticipated to be filled by November 2019. Sources in addition to this
Federal Register Notice will be utilized in the solicitation of
nominees.

DATES: Nominations should be submitted in time to arrive no later than
Monday, July 15, 2019.

ADDRESSES: Submit nominations electronically with the subject line
NEJAC Membership 2019 to<EMAIL_ADDRESS>You also may submit nominations
by mail to: Karen L. Martin, NEJAC Program Manager, Office of
Environmental Justice, U.S. Environmental Protection Agency, 1200
Pennsylvania Avenue NW, (MC 2202A), Washington, DC 20460. Non-
electronic submissions must follow the same format and contain the same
information. The Office of Environmental Justice will acknowledge
receipt of nominations.

FOR FURTHER INFORMATION CONTACT: Karen L. Martin, NEJAC Program
Manager, U.S. EPA; email<EMAIL_ADDRESS>telephone: (202) 564-
0203.

SUPPLEMENTARY INFORMATION: The NEJAC is a federal advisory committee
chartered under the Federal Advisory Committee Act (FACA), Public Law
92-463. EPA established the NEJAC in 1993 to provide independent
consensus advice to the EPA Administrator about a broad range of
environmental issues related to environmental justice. The NEJAC
conducts business in accordance with the Federal Advisory Committee Act
(FACA) (5 U.S.C. App. 2) and related regulations.
    The Council consists of 30 members (including a Chairperson and two
Vice-Chairpersons) appointed by EPA's Administrator. Members serve as
non-federal stakeholders representing: Six (6) from academia, four (4)
from business and industry; seven (7) from community based
organizations; six (6) from non-governmental/environmental
organizations; four (4) from state and local governments; and three (3)
from tribal governments and indigenous organizations, of which one
member serves as a liaison to the National Tribal Caucus. Members are
appointed for one (1), two (2) or three (3)-year terms with the
possibility of reappointment for another term.
    The NEJAC usually meets face-to-face twice a year, generally in the
Spring and the Fall. Additionally, members may be asked to participate
in teleconference meetings or serve on work groups to develop
recommendations, advice letters, and reports to address specific policy
issues. The average workload for members is approximately 5 to 8 hours
per month. EPA provides reimbursement for travel and other incidental
expenses associated with official government business.
    Nominations: Any interested person and/or organization may nominate
qualified individuals for membership. Individuals are encouraged to
self nominate. The EPA values and welcomes diversity. In an effort to
obtain nominations of diverse candidates, the Agency encourages
nominations of women and men of all

racial and ethnic groups from all geographic locations of the United
States of America. All nominations will be fully considered, but
applicants need to be aware of the specific representation sought as
outlined in the Summary above. In addition, EPA is seeking nominees
with knowledge in youth perspectives and youth development;
environmental measures and use of LEAN principles; public health/health
disparities; community sustainability and resiliency; green jobs and
green infrastructure; land use and equitable development; and emerging
inclusion of sub-populations such as the homeless, veterans, prisoners,
etc.
    Other criteria used to evaluate nominees will include:
     The background and experience that would help members
contribute to the diversity of perspectives on the committee (e.g.,
geographic, economic, social, cultural, educational background,
professional affiliations, and other considerations;
     demonstrated experience with environmental justice and
community sustainability issues at the national, state, or local level;
     excellent interpersonal and consensus-building skills;
     ability to volunteer time to attend meetings 2-3 times a
year, participate in teleconference meetings, attend listening sessions
with the Administrator or other senior-level officials, develop policy
recommendations to the Administrator, and prepare reports and advice
letters; and
     willingness to commit time to the committee and
demonstrated ability to work constructively and effectively on
committees.
    How to Submit Nominations: Any interested person or organization
may nominate qualified persons to be considered for appointment to this
advisory committee. Individuals are encouraged to self-nominate.
Nominations can be submitted in electronic format (preferred) following
the template available at https://www.epa.gov/environmentaljustice/nominations-nejac. To be considered, all nominations should include:
     Current contact information for the nominee/applicant,
including the nominee's/applicant's name, organization (and position
within that organization), current business address, email address,
telephone numbers and the stakeholder category position you are
interested in.
     Brief Statement describing the nominee's/applicant's
interest in serving on the NEJAC.
     R[eacute]sum[eacute] and a short biography describing the
professional and educational qualifications of the nominee, including a
list of relevant activities, and any current or previous service on
advisory committees.
     Brief statements describing experience as it relates to
engaging affected communities, understanding environmental justice/
relevant issues, consensus building, communication skills and
availability.
     Letter[s] of recommendation from a third party supporting
the nomination. Letter[s] should describe how the nominee's experience
and knowledge will bring value to the work of the NEJAC.
    Other sources, in addition to this Federal Register notice, may
also be utilized in the solicitation of nominees.

    Dated: May 29, 2019.
Matthew Tejada,
Director, Office of Environmental Justice.
[FR Doc. 2019-12295 Filed 6-10-19; 8:45 am]
 BILLING CODE 6560-50-P