                EPA ICR No. 1365.11; OMB Control No. 2070-0091

                                 Attachment E

 Worksheet A-1: Annual Recordkeeping Burden, by School Type and Asbestos Type

  Worksheet A-2:  Annual Recordkeeping Cost, by School Type and Asbestos Type

 Worksheet A-1.  Annual Recordkeeping Burden, by School Type and Asbestos Type

                                     Year

                                   ACM Type
                                Previous Year
                                   Removals

                                    School
                                    Counts
                                Public Primary
                               Public Secondary
                                    Private

                                     Total
                                     Hours

                                    Annual
                                  Total Hours

                                    No. of
                                    Schools
                                    Hours/
                                    School
                                    No. of
                                    Schools
                                    Hours/
                                    School
                                    No. of
                                    Schools
                                    Hours/
                                    School

17
                                                                   SM & TSI
                                                                            323
                                                                         10,786
                                                                          5,151
                                                                             35
                                                                          3,036
                                                                             58
                                                                          2,598
                                                                             35
                                                                        447,303

                                                                            TSI
                                                                            101
                                                                          3,392
                                                                          1,620
                                                                             35
                                                                            955
                                                                             58
                                                                            817
                                                                             35
                                                                        140,685

                                                                          NFACM
                                                                            424
                                                                        106,319
                                                                         59,412
                                                                             15
                                                                         23,099
                                                                             28
                                                                         23,808
                                                                             15
                                      1,895,522
                                                                      2,483,510
18
                                                                   SM & TSI
                                                                            323
                                                                         10,464
                                                                          4,997
                                                                             35
                                                                          2,946
                                                                             58
                                                                          2,520
                                                                             35
                                                                        433,963

                                                                            TSI
                                                                            101
                                                                          3,290
                                                                          1,571
                                                                             35
                                                                            926
                                                                             58
                                                                            792
                                                                             35
                                                                        136,413

                                                                          NFACM
                                                                            424
                                                                        106,744
                                                                         59,615
                                                                             15
                                                                         23,218
                                                                             28
                                                                         23,911
                                                                             15
                                                                      1,902,994
                                                                      2,473,370
19
                                                                   SM & TSI
                                                                            323
                                                                         10,141
                                                                          4,843
                                                                             35
                                                                          2,855
                                                                             58
                                                                          2,442
                                                                             35
                                                                        420,565

                                                                            TSI
                                                                            101
                                                                          3,189
                                                                          1,523
                                                                             35
                                                                            898
                                                                             58
                                                                            768
                                                                             35
                                                                        132,269

                                                                          NFACM
                                                                            424
                                                                        107,167
                                                                         59,817
                                                                             15
                                                                         23,337
                                                                             28
                                                                         24,013
                                                                             15
                                                                      1,910.886
                                                                      2,463,720
20
                                                                   SM & TSI
                                                                            323
                                                                          9,819
                                                                          4,689
                                                                             35
                                                                          2,764
                                                                             58
                                                                          2,365
                                                                             35
                                                                        407,202

                                                                            TSI
                                                                            101
                                                                          3,087
                                                                          1,474
                                                                             35
                                                                            869
                                                                             58
                                                                            744
                                                                             35
                                                                        128,032

                                                                          NFACM
                                                                            424
                                                                        112,094
                                                                         61,344
                                                                             15
                                                                         24,586
                                                                             28
                                                                         26,164
                                                                             15
                                                                      2,001,028
                                                                     2,536,262
21
                                                                   SM & TSI
                                                                            323
                                                                          9,496
                                                                          4,535
                                                                             35
                                                                          2,673
                                                                             58
                                                                          2,287
                                                                             35
                                                                        393,804

                                                                            TSI
                                                                            101
                                                                          2,986
                                                                          1,426
                                                                             35
                                                                            841
                                                                             58
                                                                            719
                                                                             35
                                                                        123,853

                                                                          NFACM
                                                                            424
                                                                        112,518
                                                                         61,546
                                                                             15
                                                                         24,705
                                                                             28
                                                                         26,267
                                                                             15
                                                                      2,008,935
                                                                      2,526,592
22
                                                                   SM & TSI
                                                                          1,055
                                                                          8,441
                                                                          4,031
                                                                             35
                                                                          2,376
                                                                             58
                                                                          2,033
                                                                             35
                                                                        350,048

                                                                            TSI
                                                                            332
                                                                          2,654
                                                                          1,268
                                                                             35
                                                                            747
                                                                             58
                                                                            639
                                                                             35
                                                                        110,071

                                                                          NFACM
                                                                          1,387
                                                                        113,905
                                                                         62,208
                                                                             15
                                                                         25,096
                                                                             28
                                                                         26,601
                                                                             15
                                                                      2,034,823
                                                                      2,494,942
23
                                                                   SM & TSI
                                                                          1,055
                                                                          7,385
                                                                          3,527
                                                                             35
                                                                          2,079
                                                                             58
                                                                          1,779
                                                                             35
                                                                        306,292

                                                                            TSI
                                                                            332
                                                                          2,322
                                                                          1,110
                                                                             35
                                                                            653
                                                                             58
                                                                            559
                                                                             35
                                                                         96,289

                                                                          NFACM
                                                                          1,387
                                                                        122,949
                                                                         63,631
                                                                             15
                                                                         27,916
                                                                             28
                                                                         31,402
                                                                             15
                                                                      2,207,143
                                                                      2,609,724
24
                                                                   SM & TSI
                                                                          1,055
                                                                          6,330
                                                                          3,023
                                                                             35
                                                                          1,782
                                                                             58
                                                                          1,525
                                                                             35
                                                                        262,536

                                                                            TSI
                                                                            332
                                                                          1,991
                                                                            952
                                                                             35
                                                                            559
                                                                             58
                                                                            479
                                                                             35
                                                                         82,507

                                                                          NFACM
                                                                          1,387
                                                                        124,336
                                                                         64,293
                                                                             15
                                                                         28,307
                                                                             28
                                                                         31,736
                                                                             15
                                                                      2,233,031
                                                                      2,578,074
25
                                                                   SM & TSI
                                                                          1,055
                                                                          5,275
                                                                          2,519
                                                                             35
                                                                          1,485
                                                                             58
                                                                          1,271
                                                                             35
                                                                        218,780

                                                                            TSI
                                                                            332
                                                                          1,658
                                                                            794
                                                                             35
                                                                            465
                                                                             58
                                                                            399
                                                                             35
                                                                         68,725

                                                                          NFACM
                                                                          1,387
                                                                        125,723
                                                                         64,955
                                                                             15
                                                                         28,698
                                                                             28
                                                                         32,070
                                                                             15
                                                                      2,258,919
                                                                      2,546,424
26
                                                                   SM & TSI
                                                                          1,055
                                                                          4,220
                                                                          2,016
                                                                             35
                                                                          1,188
                                                                             58
                                                                          1,016
                                                                             35
                                                                        175,024

                                                                            TSI
                                                                            332
                                                                          1,327
                                                                            634
                                                                             35
                                                                            374
                                                                             58
                                                                            320
                                                                             35
                                                                         55,082

                                                                          NFACM
                                                                          1,387
                                                                        126,635
                                                                         65,786
                                                                             15
                                                                         28,819
                                                                             28
                                                                         32,030
                                                                             15
                                                                      2,274,172
                                                                      2,504,278
27
                                                                   SM & TSI
                                                                          1,055
                                                                          3,165
                                                                          1,512
                                                                             35
                                                                            891
                                                                             58
                                                                            762
                                                                             35
                                                                        131,268

                                                                            TSI
                                                                            332
                                                                            995
                                                                            475
                                                                             35
                                                                            280
                                                                             58
                                                                            240
                                                                             35
                                                                         41,265

                                                                          NFACM
                                                                          1,387
                                                                        128,023
                                                                         66,449
                                                                             15
                                                                         29,210
                                                                             28
                                                                         32,364
                                                                             15
                                                                      2,300,075
                                                                      2,472,608
28
                                                                   SM & TSI
                                                                          1,055
                                                                          2,110
                                                                          1,008
                                                                             35
                                                                            594
                                                                             58
                                                                            508
                                                                             35
                                                                         87,512

                                                                            TSI
                                                                            332
                                                                            664
                                                                            317
                                                                             35
                                                                            187
                                                                             58
                                                                            160
                                                                             35
                                                                         27,541

                                                                          NFACM
                                                                          1,387
                                                                        129,409
                                                                         67,111
                                                                             15
                                                                         29,600
                                                                             28
                                                                         32,698
                                                                             15
                                                                      2,325,935
                                                                      2,440,988
29
                                                                   SM & TSI
                                                                          1,055
                                                                          1,055
                                                                            504
                                                                             35
                                                                            297
                                                                             58
                                                                            254
                                                                             35
                                                                         43,756

                                                                            TSI
                                                                            332
                                                                            332
                                                                            158
                                                                             35
                                                                             93
                                                                             58
                                                                             80
                                                                             35
                                                                         13,724

                                                                          NFACM
                                                                          1,387

                                                                             15

                                                                             28

                                                                             15

30

                                                                   SM & TSI
                                                                          1,055
                                                                              0
                                                                              0
                                                                             35
                                                                              0
                                                                             58
                                                                              0
                                                                             35
                                                                              0

                                                                            TSI
                                                                            332
                                                                              0
                                                                              0
                                                                             35
                                                                              0
                                                                             58
                                                                              0
                                                                             35
                                                                              0

                                                                          NFACM
                                                                          1,387

                                                                             15

                                                                             28

                                                                             15

Total Hours for Years 26 - 28

                                                                      7,417,874

Average Hours Per Year for Years 26-28

                                                                      2,472,625
SM = surfacing material; TSI = thermal systems insulation.  Both are friable ACM.  NFACM = nonfriable ACM.
Sources:  AHERA RIA (EPA, 1987c), Table 4 and Appendix G; Addendum to ICR #2070-0091 Asbestos in Schools Rule (EPA, 1987a)

  Worksheet A-2:  Annual Recordkeeping Cost, by School Type and Asbestos Type

                                     Year

                                   ACM Type

                                    School
                                    Counts
                                Public Primary
                               Public Secondary
                                    Private

                                     Total
                                   Cost ($)

                                    Annual
                                Total Cost ($)

                                    No. of
                                    Schools
                                     $ per
                                    School
                                    No. of
                                    Schools
                                     $ per
                                    School
                                No. of Schools
                                     $ per
                                    School

17
                                                                   SM & TSI
                                                                         10,786
                                                                          5,151
                                                                           $858
                                                                          3,036
                                                                         $1,316
                                                                          2,598
                                                                           $938
                                                                     10,851,858

                                                                            TSI
                                                                          3,392
                                                                          1,620
                                                                           $858
                                                                            955
                                                                         $1,316
                                                                            817
                                                                           $938
                                                                      3,413,086

                                                                          NFACM
                                                                        106,319
                                                                         59,412
                                                                           $416
                                                                         23,099
                                                                           $682
                                                                         23,808
                                                                           $453
                                                                     51,253,934
                                                                     65,518,878
18
                                                                   SM & TSI
                                                                         10,464
                                                                          4,997
                                                                           $858
                                                                          2,946
                                                                         $1,316
                                                                          2,520
                                                                           $938
                                                                     10,528,122

                                                                            TSI
                                                                          3,290
                                                                          1,571
                                                                           $858
                                                                            926
                                                                         $1,316
                                                                            792
                                                                           $938
                                                                      3,309,430

                                                                          NFACM
                                                                        106,744
                                                                         59,615
                                                                           $416
                                                                         23,218
                                                                           $682
                                                                         23,911
                                                                           $453
                                                                     51,466,199
                                                                     65,303,751
19
                                                                   SM & TSI
                                                                         10,141
                                                                          4,843
                                                                           $858
                                                                          2,855
                                                                         $1,316
                                                                          2,442
                                                                           $938
                                                                     10,203,070

                                                                            TSI
                                                                          3,189
                                                                          1,523
                                                                           $858
                                                                            898
                                                                         $1,316
                                                                            768
                                                                           $938
                                                                      3,208,886

                                                                          NFACM
                                                                        107,167
                                                                         59,817
                                                                           $416
                                                                         23,337
                                                                           $682
                                                                         24,013
                                                                           $453
                                                                     51,677,595
                                                                     65,089,551
20
                                                                   SM & TSI
                                                                          9,819
                                                                          4,689
                                                                         $1,021
                                                                          2,764
                                                                         $1,586
                                                                          2,365
                                                                         $1,021
                                                                     11,585,838

                                                                            TSI
                                                                          3,087
                                                                          1,474
                                                                         $1,021
                                                                            869
                                                                         $1,586
                                                                            744
                                                                         $1,021
                                                                      3,642,812

                                                                          NFACM
                                                                        112,094
                                                                         61,344
                                                                           $475
                                                                         24,586
                                                                           $787
                                                                         26,164
                                                                           $475
                                                                     60,915,482
                                                                     76,144,132
21
                                                                   SM & TSI
                                                                          9,496
                                                                          4,535
                                                                         $1,021
                                                                          2,673
                                                                         $1,586
                                                                          2,287
                                                                         $1,021
                                                                     11,204,640

                                                                            TSI
                                                                          2,986
                                                                          1,426
                                                                         $1,021
                                                                            841
                                                                         $1,586
                                                                            719
                                                                         $1,021
                                                                      3,523,871

                                                                          NFACM
                                                                        112,518
                                                                         61,546
                                                                           $475
                                                                         24,705
                                                                           $787
                                                                         26,267
                                                                           $475
                                                                     61,154,010
                                                                     75,882,521
22
                                                                   SM & TSI
                                                                          8,441
                                                                          4,031
                                                                         $1,021
                                                                          2,376
                                                                         $1,586
                                                                          2,033
                                                                         $1,021
                                                                      9,959,680

                                                                            TSI
                                                                          2,654
                                                                          1,268
                                                                         $1,021
                                                                            747
                                                                         $1,586
                                                                            639
                                                                         $1,021
                                                                      1,837,161

                                                                          NFACM
                                                                        113,905
                                                                         62,208
                                                                           $475
                                                                         25,096
                                                                           $787
                                                                         26,601
                                                                           $475
                                                                     61,934,827
                                                                     73,731,668
23
                                                                   SM & TSI
                                                                          7,385
                                                                          3,527
                                                                         $1,116
                                                                          2,079
                                                                         $1,649
                                                                          1,779
                                                                         $1,116
                                                                      9,349,767

                                                                            TSI
                                                                          2,322
                                                                          1,110
                                                                         $1,116
                                                                            653
                                                                         $1,649
                                                                            559
                                                                         $1,116
                                                                      2,939,401

                                                                          NFACM
                                                                        122,949
                                                                         63,631
                                                                           $526
                                                                         27,916
                                                                           $877
                                                                         31,402
                                                                           $526
                                                                     74,374,657
                                                                     86,663,825
24
                                                                   SM & TSI
                                                                          6,330
                                                                          3,023
                                                                         $1,116
                                                                          1,782
                                                                         $1,649
                                                                          1,525
                                                                         $1,116
                                                                      8,014,086

                                                                            TSI
                                                                          1,991
                                                                            952
                                                                         $1,116
                                                                            559
                                                                         $1,649
                                                                            479
                                                                         $1,116
                                                                      2,518,787

                                                                          NFACM
                                                                        124,336
                                                                         64,293
                                                                           $526
                                                                         28,307
                                                                           $877
                                                                         31,736
                                                                           $526
                                                                     75,240,464
                                                                     85,773,337
25
                                                                   SM & TSI
                                                                          5,275
                                                                          2,519
                                                                         $1,116
                                                                          1,485
                                                                         $1,649
                                                                          1,271
                                                                         $1,116
                                                                      6,678,405

                                                                            TSI
                                                                          1,658
                                                                            794
                                                                         $1,116
                                                                            465
                                                                         $1,649
                                                                            399
                                                                         $1,116
                                                                      2,098,173

                                                                          NFACM
                                                                        125,723
                                                                         64,955
                                                                           $526
                                                                         28,698
                                                                           $877
                                                                         32,070
                                                                           $526
                                                                     76,106,271
                                                                     84,882,849
26
                                                                   SM & TSI
                                                                          4,220
                                                                          2,016
                                                                         $1,242
                                                                          1,188
                                                                         $1,916
                                                                          1,016
                                                                         $1,242
                                                                      6,041,952

                                                                            TSI
                                                                          1,327
                                                                            634
                                                                         $1,242
                                                                            374
                                                                         $1,916
                                                                            320
                                                                         $1,242
                                                                      1,901,452

                                                                          NFACM
                                                                        126,635
                                                                         65,786
                                                                           $576
                                                                         28,819
                                                                           $949
                                                                         32,030
                                                                           $576
                                                                     83,691,247
                                                                     91,634,651
27
                                                                   SM & TSI
                                                                          3,165
                                                                          1,512
                                                                         $1,242
                                                                            891
                                                                         $1,916
                                                                            762
                                                                         $1,242
                                                                      4,531,464

                                                                            TSI
                                                                            995
                                                                            475
                                                                         $1,242
                                                                            280
                                                                         $1,916
                                                                            240
                                                                         $1,242
                                                                      1,424,510

                                                                          NFACM
                                                                        128,023
                                                                         66,449
                                                                           $576
                                                                         29,210
                                                                           $949
                                                                         32,364
                                                                           $576
                                                                     84,636,578
                                                                     90,592,552
28
                                                                   SM & TSI
                                                                          2,110
                                                                          1,008
                                                                         $1,242
                                                                            594
                                                                         $1,916
                                                                            508
                                                                         $1,242
                                                                      3,020,976

                                                                            TSI
                                                                            664
                                                                            317
                                                                         $1,242
                                                                            187
                                                                         $1,916
                                                                            160
                                                                         $1,242
                                                                        950,725

                                                                          NFACM
                                                                        129,409
                                                                         67,111
                                                                           $576
                                                                         29,600
                                                                           $949
                                                                         32,698
                                                                           $576
                                                                     85,580,384
                                                                     89,552,086
29
                                                                   SM & TSI
                                                                          1,055
                                                                            504

                                                                            297

                                                                            254

                                                                            TSI
                                                                            332
                                                                            158

                                                                             93

                                                                             80

                                                                          NFACM

30
                                                                   SM & TSI
                                                                              0
                                                                              0

                                                                              0

                                                                              0

                                                                              0

                                                                            TSI
                                                                              0
                                                                              0

                                                                              0

                                                                              0

                                                                              0

                                                                          NFACM

Total Cost for Years 26-28

                                                                   $271,779,289
Average Cost per Year for Years 26-28

                                                                    $90,593,096
SM = surfacing material; TSI = thermal systems insulation.  Both are friable ACM.  NFACM = non-friable ACM.
Sources:  AHERA RIA (EPA, 1987c), Table 4 and Appendix G; Addendum to ICR #2070-0091, Asbestos in Schools Rule (EPA, 1987a)
Wage rates have been updated as described in the text.


[Federal Register Volume 77, Number 240 (Thursday, December 13, 2012)]
[Notices]
[Pages 74230-74231]
[FR Doc No: 2012-30053]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 30298; File No. 812-14055]

PNC Capital Advisors, LLC, et al.; Notice of Application

December 6, 2012.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of an application under section 6(c) of the Investment
Company Act of 1940 (``Act'') for an exemption from rule 12d1-2(a)
under the Act.

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

Summary of Application: Applicants request an order to permit open-end
management investment companies relying on rule 12d1-2 under the Act to
invest in certain financial instruments.

Applicants: PNC Capital Advisors, LLC (``PNC Capital Advisors''), PNC
Funds and PNC Advantage Funds (together, the ``Trusts''), and PNC Funds
Distributor, LLC (``Distributor'').

Filing Dates: The application was filed on July 13, 2012, and amended
on November 26, 2012.

Hearing or Notification of Hearing: An order granting the application
will be issued unless the Commission orders a hearing. Interested
persons may request a hearing by writing to the Commission's Secretary
and serving applicants with a copy of the request, personally or by
mail. Hearing requests should be received by the Commission by 5:30
p.m. on December 27, 2012, and should be accompanied by proof of
service on applicants, in the form of an affidavit or, for lawyers, a
certificate of service. Hearing requests should state the nature of the
writer's interest, the reason for the request, and the issues
contested. Persons who wish to be notified of a hearing may request
notification by writing to the Commission's Secretary.

ADDRESSES: Elizabeth M. Murphy, Secretary, Securities and Exchange
Commission, 100 F Street NE., Washington, DC 20549-1090; PNC Capital
Advisors and the Trusts, One East Pratt Street, 5th Floor East,
Baltimore, MD 21202; and the Distributor, Three Canal Plaza, Suite 100,
Portland, ME 04101.

FOR FURTHER INFORMATION CONTACT: Steven I. Amchan, Senior Counsel, at
(202) 551-6826, or Jennifer L. Sawin, Branch Chief, at<PHONE_NUMBER>
(Division of Investment Management, Office of Investment Company
Regulation).

SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application may be obtained via the
Commission's Web site by searching for the file number, or an applicant
using the Company name box, at http://www.sec.gov/search/search.htm or
by calling<PHONE_NUMBER>.

Applicants' Representations

    1. The Trusts are organized as Delaware statutory trusts and
registered under the Act as open-end management investment companies.
PNC Capital Advisors, the Trusts' investment adviser, is organized as a
Delaware limited liability company and is a registered investment
adviser under the Investment Advisers Act of 1940, as amended (the
``Advisers Act''). The Distributor is organized as a Delaware limited
liability company, and is a registered broker-dealer under the
Securities Exchange Act of 1934, as amended (``1934 Act''); the
Distributor serves as the principal underwriter to the Trusts.
    2. Applicants request the exemption to the extent necessary to
permit any existing or future series of the Trusts and any other
registered open-end management investment company or series thereof
that (i) is advised by PNC Capital Advisors or any person controlling,
controlled by or under common control with PNC Capital Advisors (any
such adviser or PNC Capital Advisors, an ``Adviser'') and (ii) is in
the same group of investment companies, as defined in section
12(d)(1)(G) of the Act, as the Trusts and invests in other registered
open-end management investment companies (``Underlying Funds'') in
reliance on section 12(d)(1)(G) of the Act; and (iii) is also eligible
to invest in securities (as defined in section 2(a)(36) of the Act) in
reliance on rule 12d1-2 under the Act (each a ``Fund of Funds''), to
also invest, to the extent consistent with its investment objectives,
policies, strategies and limitations, in financial instruments that may
not be securities within the meaning of section 2(a)(36) of the Act
(``Other Investments'').\1\ Applicants also request that the order
exempt any entity, including any entity controlled by or under common
control with an Adviser, that in the future acts as principal
underwriter, or broker or dealer if registered under the 1934 Act, with
respect to the transactions described in the application.
---------------------------------------------------------------------------

    \1\ Every existing entity that currently intends to rely on the
requested order is named as an applicant. Any entity that relies on
the order in the future will do so only in accordance with the terms
and condition in the application.
---------------------------------------------------------------------------

    3. Consistent with its fiduciary obligations under the Act, each
Fund of Funds' board of trustees will review the advisory fees charged
by the Fund of Funds' Adviser to ensure that they are based on services
provided that are in addition to, rather than duplicative of, services
provided pursuant to the advisory agreement of any investment company
in which the Fund of Funds may invest.

Applicants' Legal Analysis

    1. Section 12(d)(1)(A) of the Act provides that no registered
investment company (``acquiring company'') may acquire securities of
another investment company (``acquired company'') if such securities
represent more than 3% of the acquired company's outstanding voting
stock or more than 5% of the acquiring company's total assets, or if
such securities, together with the securities of other investment
companies, represent more than 10% of the acquiring company's total
assets. Section 12(d)(1)(B) of the Act provides that no registered
open-end investment

company may sell its securities to another investment company if the
sale will cause the acquiring company to own more than 3% of the
acquired company's voting stock, or cause more than 10% of the acquired
company's voting stock to be owned by investment companies and
companies controlled by them.
    2. Section 12(d)(1)(G) of the Act provides, in part, that section
12(d)(1) will not apply to securities of an acquired company purchased
by an acquiring company if: (i) The acquired company and acquiring
company are part of the same group of investment companies; (ii) the
acquiring company holds only securities of acquired companies that are
part of the same group of investment companies, government securities,
and short-term paper; (iii) the aggregate sales loads and distribution-
related fees of the acquiring company and the acquired company are not
excessive under rules adopted pursuant to section 22(b) or section
22(c) of the Act by a securities association registered under section
15A of the 1934 Act, or by the Commission; and (iv) the acquired
company has a policy that prohibits it from acquiring securities of
registered open-end investment companies or registered unit investment
trusts in reliance on section 12(d)(1)(F) or (G) of the Act.
    3. Rule 12d1-2 under the Act permits a registered open-end
investment company or a registered unit investment trust that relies on
section 12(d)(1)(G) of the Act to acquire, in addition to securities
issued by another registered investment company in the same group of
investment companies, government securities, and short-term paper: (i)
Securities issued by an investment company that is not in the same
group of investment companies, when the acquisition is in reliance on
section 12(d)(1)(A) or 12(d)(1)(F) of the Act; (ii) securities (other
than securities issued by an investment company); and (iii) securities
issued by a money market fund, when the investment is in reliance on
rule 12d1-1 under the Act. For the purposes of rule 12d1-2,
``securities'' means any security as defined in section 2(a)(36) of the
Act.
    4. Section 6(c) of the Act provides that the Commission may exempt
any person, security, or transaction from any provision of the Act, or
from any rule under the Act, if such exemption is necessary or
appropriate in the public interest and consistent with the protection
of investors and the purposes fairly intended by the policies and
provisions of the Act.
    5. Applicants state that the Funds of Funds will comply with rule
12d1-2 under the Act, but for the fact that they may invest a portion
of their assets in Other Investments. Applicants request an order under
section 6(c) of the Act for an exemption from rule 12d1-2(a) to allow
the Funds of Funds to invest in Other Investments while investing in
Underlying Funds. Applicants assert that permitting the Funds of Funds
to invest in Other Investments as described in the application would
not raise any of the concerns that the requirements of section 12(d)(1)
were designed to address.

Applicants' Condition

    Applicants agree that any order granting the requested relief will
be subject to the following condition:
    Applicants will comply with all provisions of rule 12d1-2 under the
Act, except for paragraph (a)(2) to the extent that it restricts any
Fund of Funds from investing in Other Investments as described in the
application.

    For the Commission, by the Division of Investment Management,
under delegated authority.
 Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-30053 Filed 12-12-12; 8:45 am]
BILLING CODE 8011-01-P


Appendix D13

Additional Control Measures and Benefits Not Included in the Regional Modeling

1.	Introduction

Some of the control measures that New Jersey is planning to propose have emission benefits that were not included in the regional modeling effort.  There are several reasons why these benefits were not included: 1) the control measures could not be quantified at the time that regional modeling began and were thus not included; 2) the control measure is only being considered by New Jersey and therefore was not appropriate to include in regional modeling effort; 3) the emission benefits for the control measure included in the regional modeling were recalculated, and more emission benefits should have been included; and 4) the emission benefits do not take effect until later than 2009.

In an effort to quantify the air quality benefits that may result from these additional measures and additional emission reductions, New Jersey modified an existing USEPA methodology in order to help reduce the uncertainty that New Jersey will reach attainment by June 15, 2010.  Also included in this methodology are some additional emission benefits from rules that were already adopted.

The remainder of this section:

outlines a methodology for making the conversion from emission reductions to air quality benefits;

discusses each category of expected additional emission reductions;

provides the total air quality benefits (in ppb) that New Jersey estimates from the implementation of these additional measures, or refinements to the modeled measures.

2.	Methodology for Converting Emission Reductions to Air Quality Benefits

In order to relate emission reductions, as discussed in the previous section, to improvements in air quality, the emission reductions were converted to air quality benefits, i.e., ozone concentrations in ppb.

Methodology for quantifying the estimated improvement in air quality:

In calculating the 1999 shortfalls for 1-hour ozone SIPs, the USEPA established a simple method to estimate a change in air quality (ozone concentration) due to an emission reduction in each nonattainment area.  The relationship between emission reductions and the air quality improvement exists for an entire nonattainment area (it is not State specific).  New Jersey used essentially the same methodology used by the USEPA in 1999 to calculate the relationship between emission reductions and future 8-hour ozone concentrations.

The updated methodology involves using the 2002 and 2006 (interpolated) VOC and NOx emission inventories and actual monitoring data from the controlling monitoring site in each nonattainment area to calculate the ratio of the change in percent (%) ozone precursor concentration that would result in a change in the ozone concentration (ppb).  The method was updated by using new emission inventories and 8-hour instead of 1-hour ozone concentrations.  The NJDEP converted 2002 and 2009 regional emission inventory data expressed as tons per year (tpy) from the regional inventory compiled by MANE-VU to tpsd emissions to perform these calculations.  Worksheets that show the details of the calculations can be found in Attachment 1 to this Appendix.  Table D13.1 contains a summary of the methodology with a sample calculation.  The emission reduction ratios in the Northern New Jersey/New York/Connecticut nonattainment area are 29.0 tpd/ppb for VOC and 55.7 tpd/ppb for NOx.  The emission reduction ratios in the Southern New Jersey/Philadelphia nonattainment area are 8.7 tpd/ppb for VOC and 15.9 tpd/ppb for NOx.

Control Measures and Benefits

Additional control measures and additional benefits from existing control measures for New Jersey are listed in Table D13.2. The benefits of these measures will be seen by 2009 and are listed by nonattainment area.  Emission reductions in other States in New Jersey’s multi-state nonattainment areas are listed in Table D13.3.

4.	Conversion of Benefits to Air Quality Improvements

Table D13.3 includes New Jersey emission benefits from Table D13.2, as well as emission benefits from the other States that we share a nonattainment area with for the High Electric Demand Day initiative.

Table D13.1: Methodology for Converting Estimated Emission Reductions

To Air Quality Benefits

Methodology Description	Sample Calculation for Converting VOC Emission Reductions to Air Quality Benefits

a. The ratio of New Jersey’s 2002 inventory (in tpsd) to New Jersey’s 2002 inventory (in tpy) was calculated (tpsd/tpy ratio). 979tpsd / 378,877tpy =

0.0026

b. The 2002, 2006 (estimated by interpolation) and 2009 emission inventories were converted from tpy to tons per summer day (tpsd) by multiplying the 2002, 2006 and 2009 emission inventories from the portion of each state in our nonattainment areas, by the New Jersey tpsd/tpy ratio.	For New York:

318,692tpy X 0.0026 =

822tpsd

c. The estimated emission inventories (in tpsd) for 2002, 2006 and 2009 from each State or portion of each state in our nonattainment areas were totaled. The percentage difference between the 2002 emissions inventory and estimated 2006 emissions inventory (by nonattainment area) was calculated for each nonattainment area.	For Northern New Jersey/New York/Connecticut nonattainment area: (1,649tpsd – 1,360tpsd) / 1,649tpsd X 100% = 17.55%

d. The difference between the 2002 and the 2006 design values for 8-hour ozone at the controlling monitors for each nonattainment area was calculated for each nonattainment area. (10 ppb in the Northern New Jersey/New York/Connecticut nonattainment area and 13 ppb in the Southern New Jersey/Philadelphia nonattainment area).	98ppb – 88ppb = 10ppb

e. An “emission reduction factor” was calculated for each nonattainment area by dividing the percentage difference between the 2002 emissions and the estimated 2006 emissions (c.), by the change in 8-hour ozone monitoring data at the controlling monitor (d.). The “emission reduction factor” is expressed as percent divided by ppb (%/ppb).	17.55% / 10ppb = 1.76

f. The emission reductions that caused a reduction in 8-hour ozone for each nonattainment area were calculated by multiplying the “emission reduction factor” (e.) calculated for each nonattainment area by the 2002 emission inventory for the entire nonattainment area, in tpsd. (divided by 100).	1.76 X 1,649tpsd / 100% = 28.9tpsd

Table D13.2: Estimated Calculated Benefits from Control Measures and Other Additional Benefits not Included in the Regional Modeling

	NY NAA

PHL NAA

Measure

	VOC	NOx

VOC	NOx

	Regional Control Measures

	New Jersey RACT – refinery efforts	 0.8	1.6

0.8	1.6

High Electrical Demand Day Initiative  (HEDD)	0	14

0

6.1

State Control Measures

	Diesel idling rule changes	0	3

0	3

Diesel cutpoint rule changes	0.2	0.1

0.2	0.1

Case by case VOC and NOx emission limit determinations (1)

	Municipal Waste Combustors	0	0

0	0.8

New Jersey RACT – storage tank	1.7	0

0.4	0

USEPA CTGs: Flexible Packaging Printing Materials	0.05	0

0.05	0

USEPA CTGs: Offset Lithographic and Letterpress Printing Materials	0.2	0

0.2	0

USEPA CTGs: Flat Wood Paneling Coatings	0	0

0	0

Federal Control Measures

	USEPA Small Nonroad Engine Rule (1)

	Additional Benefits from modeled measures

	NOx RACT (2005) (2)	0	3.1

0	1.6

PFCs (2005 rule)	1.5	0

0.6	0

PFCs (amendments)	0.2	0

0.1	0

New ICI Boiler Rule	0	1.4

0	0.6

New Source Review (1)

TOTAL

	4.8	22.9

2.4	13.8

The benefits of this control strategy cannot be quantified at this time.

 Additional emission reductions not included in the modeling.

Table D13.3: Estimated Additional Reductions and Control Measures

Converted to Air Quality Improvements (tons per day)

 	Northern New Jersey/New York/Connecticut Nonattainment  Area	Southern New Jersey/Philadelphia Nonattainment Area

Control Measures	VOC 	NOx	VOC 	NOx

New Jersey: HEDD	0.0	13.7	0.0	6.1

Other New Jersey Emission Reductions	4.8	9.2

2.4

7.7

New York: HEDD	0	51	-	-

Connecticut: HEDD	0	12	-	-

Pennsylvania: HEDD	-	-	0	21.8

Delaware: HEDD	-	-	0	7

Maryland: HEDD	-	-	0	24

Nonattainment Area Totals	4.8	85.9	2.4	66.6

Tons per day Reductions for a 1 ppb O3 Reduction (tpd/ppb)	29.0	55.7	8.7 15.9

O3 Reductions from the measures listed in this table (ppb)

       0.2	1.5	0.3	4.2

NJDEP, Air Quality Planning

Description of Control Measures and Benefits

a.	Regional Control Measures

The control measures identified under the Regional heading in Table D13.2 are described in Chapter 4.  New Jersey, in conjunction with the regional organizations - OTC for the High Electrical Demand Days (HEDD) effort and MARAMA for the Refinery Rules - calculated the benefits from these efforts for each New Jersey associated nonattainment area. The refinery rule benefits are included for New Jersey only; the HEDD benefits include the other States that share a nonattainment area with New Jersey and are listed in Table 13.3.  Detailed discussion of the benefit calculations for refineries and for the HEDD initiative is found in Attachment 2 of this Appendix.

b.	State Control Measures

Each of the New Jersey control measures identified in Table D13.2 is described in Chapter 4.  Detailed discussion of the benefit calculations for diesel idling rule changes, diesel cutpoint rule changes, municipal waste combustors and petroleum storage tank rule can be found in this Attachment 2 of this Appendix.

In New Jersey, facilities that have sources with the potential-to-emit NOx or VOC above Reasonably Available Control Technology (RACT) specified thresholds, and for which no 8-hour ozone RACT source limit has been established, will be required to develop facility specific emission limits (FSELs) in accordance with regulations that New Jersey is considering proposing.  Control technologies have advanced sufficiently over the last several years to warrant the reevaluation of these case-by-case, or source-specific, determinations.  However, the NJDEP staff were not able to estimate additional specific emission benefits for this control strategy in time to include in this SIP revision.

Subsequent to the proposed SIP revision, for the new CTGs, the NJDEP staff has evaluated current sources of emissions to determine if New Jersey has applicable sources, and whether or not New Jersey’s existing rules are more stringent than the new CTGs.  The NJDEP staff calculated a specific emission benefit for these control strategies but they are not being relied upon in this SIP revision.  These reductions are listed in Table 13.2.  However, these measures are expected to provide measurable emission reductions by 2009, although they must go through the rulemaking process.

c.	Federal Control Measures

The Federal control measure identified in Table D13.2 is described in Chapter 4.  On April 17, 2007, the USEPA proposed a new nonroad engine rule that contains compliance dates that would result in some emission benefits in 2009.  However, like the State case by case VOC and NOx emission limit determinations, and the new Control Technique Guidance (CTG) efforts, the USEPA and the State are not able to estimate a specific emission benefit for this control strategy in time to include in this SIP revision.

d.	Additional Benefits from Modeled Measures

For several of the control measures that were included in the 2009 BOTW modeling (either as a OTB measure or a BOTW measure), New Jersey revisited the benefit calculations, either as part of its Reasonable Further Progress (Chapter 6) exercise or in support of a rulemaking proposal effort.  In all of these cases, New Jersey determined that the emission reductions are greater than those that were included in the 2009 BOTW modeling.  Attachment 2 of this Appendix describes these calculation refinements.

Using this modified conversion methodology, the VOC emission reductions expected from the control measures and refinements discussed in this section result in an additional 0.2 ppb reduction in ozone in the Northern New Jersey/New York/Connecticut nonattainment area and an additional 0.3 ppb reduction in the Southern New Jersey/Philadelphia nonattainment area.  The NOx emission reductions expected from the control measures and refinements discussed in this section result in an additional 2 ppb and 4 ppb reduction in 8-hour ozone in the Northern New Jersey/New York/Connecticut nonattainment area and the Southern New Jersey/Philadelphia nonattainment area, respectively.  In total, New Jersey could experience a 0.2 – 2 ppb decrease in ozone concentrations in the Northern part of the State, and a 0.3 – 4 ppb decrease in ozone concentrations in the Southern part of the State.  Worksheets that contain the details for performing these conversions can be found in Attachment 1 to this Appendix.

Appendix  D13

Attachment 1: Methodology for Quantifying the Estimated Improvement in Air Quality

Worksheets that show the details of the calculations for quantifying the estimated improvement in air quality are available electronically upon request.

 USEPA Region II. Technical Support Document: Modeling for the Trenton, New Jersey Portion of the Philadelphia Ozone Nonattainment Area. United States Environmental Protection Agency (USEPA), Region II, December 14, 1999

 OTC.  Memorandum of Understanding Among the States of the Ozone Transport Commission Concerning the Incorporation of High Electrical Demand Day Emission Reduction Strategies into Ozone Attainment State Implementation Planning, March 2, 2007.

 PAGE

  PAGE  1


[Federal Register Volume 82, Number 37 (Monday, February 27, 2017)]
[Proposed Rules]
[Pages 11856-11857]
[FR Doc No: 2017-03511]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2016-9494; Airspace Docket No. 16-ASW-19]

Proposed Amendment of Class E Airspace; for Haskell, TX

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to modify Class E airspace extending up
to 700 feet above the surface at Haskell Municipal Airport, Haskell,
TX. Airspace reconfiguration is necessary due to the decommissioning of
the Haskell non-directional radio beacon (NDB), and cancellation of the
NDB approach. This action would also update the geographic coordinates
of the airport.

DATES: Comments must be received on or before April 13, 2017.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590; telephone
(202) 366-9826, or 1-800-647-5527. You must identify FAA Docket No.
FAA-2016-9494; Airspace Docket No. 16-ASW-19, at the beginning of your
comments. You may also submit comments through the Internet at http://www.regulations.gov. You may review the public docket containing the
proposal, any comments received, and any final disposition in person in
the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through
Friday, except Federal holidays.
    FAA Order 7400.11A, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone:<PHONE_NUMBER>.
The Order is also available for inspection at the National Archives and
Records Administration (NARA). For information on the availability of
FAA Order 7400.11A at NARA, call<PHONE_NUMBER>, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Ron Laster, Federal Aviation
Administration, Contract Support, Operations Support Group, Central
Service Center, 10101 Hillwood Parkway, Fort Worth, TX 76177; telephone
(817) 222-5879.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described
in Subtitle VII, Part, A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would modify Class E airspace extending up to and including 700
feet MSL above the surface area at Haskell Municipal Airport, Haskell,
TX.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2016-9494/
Airspace Docket No. 16-ASW-19.'' The postcard will be date/time stamped
and returned to the commenter.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://www.regulations.gov.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Federal Aviation Administration, Air Traffic
Organization, Central Service Center, Operations Support Group, 10101
Hillwood Parkway, Fort Worth, TX 76177.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this notice may be changed in light of the
comments received. A report summarizing each substantive public contact
with FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability and Summary of Documents Proposed for Incorporation by
Reference

    This document proposes to amend FAA Order 7400.11A, Airspace
Designations and Reporting Points, dated August 3, 2016, and effective
September 15, 2016. FAA Order 7400.11A is publicly available as listed
in the ADDRESSES section of this document. FAA Order 7400.11A lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) part 71 by modifying Class E airspace extending
upward from 700 feet above the surface within a 6.3-mile radius of
Haskell Municipal Airport, Haskell, TX. The segment 8 miles east and 4
miles west of the 015[deg] bearing from the Haskell RBN extending from
the airport to 16 miles northeast of the RBN would be removed due to
the decommissioning of the NDB, and cancellation of NDB approaches.
This action would enhance the safety and management of the standard
instrument approach procedures for IFR operations at the airport.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.11A, dated August 3, 2016, and effective September 15,
2016, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designations listed in this document will be published
subsequently in the Order.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, would not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR Part 71 continues to read as
follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11A,
Airspace Designations and Reporting Points, dated August 3, 2016, and
effective September 15, 2016, is amended as follows:

Paragraph 6005 Class E Airspace Areas.

* * * * *

ASW TX E5 Haskell, TX [Amended]

Haskell Municipal Airport, TX
    (Lat. 33[deg]11'29'' N., long. 99[deg]43'04'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.3-mile radius of Haskell Municipal Airport.

    Issued in Fort Worth, Texas on February 10, 2017.
Walter Tweedy,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2017-03511 Filed 2-24-17; 8:45 am]
 BILLING CODE 4910-13-P