[Federal Register Volume 81, Number 22 (Wednesday, February 3, 2016)]
[Notices]
[Pages 5728-5729]
[FR Doc No: 2016-01951]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #2

    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC16-64-000.

    Applicants: Southwestern Public Service Company, Xcel Energy
Southwest Transmission Company, LLC.
    Description: Joint Application for Authorization for Disposition of
Jurisdictional Transmission Facilities of Southwestern Public Service
Company and Xcel Energy Southwest Transmission Company, LLC.
    Filed Date: 1/28/16.
    Accession Number: 20160128-5164.
    Comments Due: 5 p.m. ET 2/18/16.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER15-1061-002.
    Applicants: New York Independent System Operator, Inc.
    Description: Compliance filing: Compliance establish effective
date--CSP Project to be effective 2/11/2016.
    Filed Date: 1/28/16.
    Accession Number: 20160128-5156.
    Comments Due: 5 p.m. ET 2/18/16.

    Docket Numbers: ER16-791-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: Settlement Revenue
Distribution Mechanism to be effective 2/1/2016.
    Filed Date: 1/27/16.
    Accession Number: 20160127-5475.
    Comments Due: 5 p.m. ET 2/17/16.

    Docket Numbers: ER16-800-000.
    Applicants: Southwestern Public Service Company.
    Description: Sec.  205(d) Rate Filing: 2016-1-28_JD_SPS-XEST-O&M-
679-0.0.0--Filing to be effective 12/31/9998.
    Filed Date: 1/28/16.
    Accession Number: 20160128-5147.
    Comments Due: 5 p.m. ET 2/18/16.

    Docket Numbers: ER16-801-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 2900R5 KMEA NITSA NOA to be
effective 1/1/2016.
    Filed Date: 1/28/16.
    Accession Number: 20160128-5197.
    Comments Due: 5 p.m. ET 2/18/16.

    Docket Numbers: ER16-802-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 2236R7 Golden Spread
Electric Cooperative, Inc. NITSA NOA to be effective 1/1/2016.
    Filed Date: 1/28/16.
    Accession Number: 20160128-5206.
    Comments Due: 5 p.m. ET 2/18/16.

    Docket Numbers: ER16-803-000.
    Applicants: Wisconsin Electric Power Company.
    Description: Tariff Cancellation: Cancellation of Wisconsin
Electric/WPPI FRT Service Agreement No 2 to be effective 1/1/2016.
    Filed Date: 1/28/16.
    Accession Number: 20160128-5239.
    Comments Due: 5 p.m. ET 2/18/16.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: January 28, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-01951 Filed 2-2-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 140 (Monday, July 26, 2021)]
[Rules and Regulations]
[Pages 39978-39979]
[FR Doc No: 2021-15724]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2021-0332; FRL-8717-02-R7]

Air Plan Approval; Missouri; Removal of Control of Emissions From
the Application of Deadeners and Adhesives

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a revision to the Missouri State Implementation Plan
(SIP) submitted by the State of Missouri on January 15, 2019, and
supplemented by letter on July 11, 2019. Missouri requests that the EPA
remove a rule related to control of emissions from the application of
deadeners and adhesives in the St. Louis, Missouri area from its SIP.
This rescission does not have an adverse effect on air quality and
meets the requirements of the Clean Air Act (CAA). The EPA's approval
of this rule revision is in accordance with the requirements of the
CAA.

DATES: This final rule is effective on August 25, 2021.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2021-0332. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, i.e.,
confidential business information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available through https://www.regulations.gov or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional information.

FOR FURTHER INFORMATION CONTACT: Ashley Keas, Environmental Protection
Agency, Region 7 Office, Air Quality Planning Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219; telephone number:<PHONE_NUMBER>;
email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to the EPA.

Table of Contents

I. What is being addressed in this document?
II. Have the requirements for approval of a SIP revision been met?
III. What action is the EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. What is being addressed in this document?

    The EPA is approving the removal of 10 Code of State Regulations
(CSR) 10-5.370, Control of Emissions from the Application of Deadeners
and Adhesives, from the Missouri SIP. As explained in detail in the
EPA's proposed rule, Missouri has demonstrated that removal of 10 CSR
10-5.370 will not interfere with attainment of the National Ambient Air
Quality Standards (NAAQS), reasonable further progress or any other
applicable requirement of the CAA because the single source subject to
the rule has permanently ceased operations and removal of the rule will
not cause VOC emissions to increase. 86 FR 26450, May 14, 2021. The
public comment period on the EPA's proposed rule opened May 14, 2021,
the date of its publication in the Federal Register and closed on June
14, 2021. During this period, the EPA received no comments. Therefore
the EPA is finalizing its proposal to remove 10 CSR 10-5.370 from the
Missouri SIP.

II. Have the requirements for approval of a SIP revision been met?

    The State submission has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The submission also
satisfied the completeness criteria of 40 CFR part 51, appendix V.
    The State provided public notice on this SIP revision from June 25,
2018, to August 2, 2018, and held a public hearing on July 26, 2018.
Missouri received five comments from the EPA that related to Missouri's
lack of an adequate demonstration that the rule could be removed from
the SIP in accordance with section 110(l) of the CAA. Missouri's July
11, 2019 letter addressed the EPA's comments. In addition, the revision
meets the substantive SIP requirements of the CAA, including section
110 and implementing regulations.

III. What action is the EPA taking?

    The EPA is taking final action to approve Missouri's request to
remove 10 CSR 10-5.370 from the SIP.

IV. Incorporation by Reference

    In this document, the EPA is amending regulatory text that includes
incorporation by reference. As described in the amendments to 40 CFR
part 52 set forth below, the EPA is removing provisions of the EPA-
Approved Missouri Regulations from the Missouri State Implementation
Plan, which is incorporated by reference in accordance with the
requirements of 1 CFR part 51.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,

provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of the National Technology
Transfer and Advancement Act (NTTA) because this rulemaking does not
involve technical standards; and
     Does not cause disproportionate human health or
environmental effects, as applicable under Executive Order 12898 (59 FR
7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications and will not impose substantial direct
costs on tribal governments or preempt tribal law as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 24, 2021. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Reporting and recordkeeping requirements, Volatile organic
compounds.

    Dated: July 19, 2021.
Edward H. Chu,
Acting Regional Administrator, Region 7.

    For the reasons stated in the preamble, the EPA amends 40 CFR part
52 as set forth below:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart AA--Missouri

Sec.  52.1320  [Amended]

0
2. In Sec.  52.1320, the table in paragraph (c) is amended by removing
the entry ``10-5.370'' under the heading ``Chapter 5--Air Quality
Standards and Air Pollution Control Regulations for the St. Louis
Metropolitan Area''.

[FR Doc. 2021-15724 Filed 7-23-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 128 (Thursday, July 3, 2014)]
[Notices]
[Pages 38099-38105]
[FR Doc No: 2014-15608]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-72492; File No. SR-MIAX-2014-30]

Self-Regulatory Organizations: Notice of Filing of a Proposed
Rule Change by Miami International Securities Exchange LLC To List and
Trade Options on Shares of the iShare ETFs

June 27, 2014.
    Pursuant to the provisions of Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice
is hereby given that on June 17, 2014, Miami International Securities
Exchange LLC (``MIAX'' or ``Exchange'') filed with the Securities and
Exchange Commission (``Commission'') a proposed rule change as
described in Items I, II, and III below, which Items have been prepared
by the Exchange. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.

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

    The Exchange is filing a proposal to list and trade on the Exchange
options on shares of the iShares MSCI Brazil Capped ETF (``EWZ''),
iShares MSCI Chile Capped ETF (``ECH''), iShares MSCI Peru Capped ETF
(``EPU''), and iShares MSCI Spain Capped ETF (``EWP'').
    The text of the proposed rule change is available on the Exchange's
Web site at http://www.miaxoptions.com/filter/wotitle/rule_filing, at
MIAX's principal office, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

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

1. Purpose
    The Exchange proposes to list for trading on the Exchange options
on the shares of the iShares MSCI Brazil Capped ETF, iShares MSCI Chile
Capped ETF, iShares MSCI Peru Capped ETF, and iShares MSCI Spain Capped
ETF (collectively the ``iShare ETFs''). MIAX Rule 402 establishes the
Exchange's initial listing standards for equity options (the ``Listing
Standards''). The Listing Standards permit the Exchange to list options
on the shares of open-end investment companies, such as the iShare
ETFs, without having to file for approval with the Commission.\3\ The
Exchange submits that each of the iShare ETFs substantially meet all of
the initial listing requirements. In particular, all of the
requirements set forth in Rule 402(i) for each of the iShare ETFs are
met except for the requirement concerning the existence of a
comprehensive surveillance sharing agreement (``CSSA''). However, as
explained below, the Exchange submits that sufficient mechanisms exist
in order to provide adequate surveillance and regulatory information
with respect to the portfolio securities of each of the iShare ETFs.
---------------------------------------------------------------------------

    \3\ MIAX Rule 402(i) provides the Listing Standards for shares
or other securities (``Exchange-Traded Fund Shares'') that are
traded on a national securities exchange and are defined as an ``NMS
stock'' under Rule 600 of Regulation NMS.
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iShares MSCI Brazil Capped ETF (``EWZ'')
    EWZ is registered pursuant to the Investment Company Act of 1940 as
a management investment company designed to hold a portfolio of
securities which track the MSCI Brazil 25/50 Index (``Brazil
Index'').\4\ The Brazil Index consists of stocks traded primarily on
BM&FBOVESPA. EWZ employs a ``representative sampling'' methodology to
track the Brazil Index by investing in a representative sample of
Brazil Index securities having a similar investment profile as the
Brazil Index.\5\ BlackRock Fund Advisors (``BFA'' or the ``Adviser'')
expects EWZ to closely track the Brazil Index so that, over time, a
tracking error of 5%, or less, is exhibited. Securities selected by EWZ
have aggregate investment characteristics (based on market
capitalization and industry weightings), fundamental characteristics
(such as return variability, earnings valuation and yield) and
liquidity measures similar to those of the Brazil Index. EWZ will not
concentrate its investments (i.e., hold 25% or more of its total assets
in the stocks of a particular industry or group of industries), except,
to the extent practicable, to reflect the concentration in the Brazil
Index. EWZ will invest at least eighty percent (80%) of its assets in
the securities comprising the Brazil Index and/or related American
Depositary Receipts (``ADRs''). EWZ may also invest its other assets in
futures contracts, options on futures contracts, other types of options
and swaps related to the Brazil Index, as well as cash and cash
equivalents. The Exchange believes that these requirements and policies
prevent the EWZ from being excessively weighted in any single security
or small group of securities and significantly reduce concerns that
trading in EWZ could become a surrogate for trading in unregistered
securities.
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    \4\ Morgan Stanley Capital International Inc. (``MSCI'') created
and maintains the Brazil 25/50 Index.
    \5\ As of March 20, 2014, EWZ was comprised of 78 securities.
ITAU UNIBANCO HOLDING SA PREF had the greatest individual weight at
8.51%. The aggregate percentage weighting of the top 5 and 10
securities in the Fund were 33.30% and 49.78%, respectively.
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    Shares of the EWZ (``EWZ Shares'') are issued and redeemed, on a
continuous basis, at net asset value (``NAV'') in aggregation size of
50,000 shares, or multiples thereof (a ``Creation Unit''). Following
issuance, EWZ Shares are traded on an exchange like other equity
securities. EWZ Shares trade in the secondary markets in amounts less
than a Creation Unit and the price per EWZ Share may differ from its
NAV which is calculated once daily as of the regularly scheduled close
of business of NYSE Arca.\6\
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    \6\ The regularly scheduled close of trading on NYSE Arca is
normally 4:00 p.m. Eastern Time (``ET'') and 4:15 p.m. for ETFs.
---------------------------------------------------------------------------

    State Street Bank and Trust Company, the administrator, custodian,
and transfer agent for EWZ. Detailed information on EWZ can be found at
www.ishares.com.
    The Exchange has reviewed EWZ and determined that the EWZ Shares
satisfy the initial listing standards, except for the requirement set
forth in MIAX Rule 402(i)(5)(ii)(A) which requires EWZ to meet the
following condition:
     Any non-U.S. component securities of an index or portfolio
of securities on which the Exchange-Traded Fund Shares are based that
are not subject to comprehensive surveillance agreements do not in the
aggregate represent more than 50% of the weight of the index or
portfolio.
    The Exchange currently does not have in place a surveillance
agreement with BOVESPA.
    The Exchange submits that the Commission, in the past, has been
willing to allow a national securities exchange to rely on a memorandum
of understanding entered into between regulators in the event that the
exchanges themselves cannot enter into a CSSA. The Exchange notes that
BM&FBOVESPA is under the regulatory oversight of the Comissao de
Valores Mobiliarios (``CMV''), which has the responsibility for both
Brazilian exchanges and over-the-counter markets. The Exchange further
notes that the Commission executed a memorandum of understanding with
the CMV dated as of July 24, 2012 (``Brazil-US MOU''), which provides a
framework for mutual assistance in investigatory and regulatory issues.
Based on the relationship between the SEC and CMV and the terms of the
Brazil-US MOU, the Exchange submits that both the Commission and the
CMV could acquire information from and provide information to the other
similar to that which would be required in a

CSSA between exchanges. Moreover, the Commission could make a request
for information under the Brazil-US MOU on behalf of an SRO that needed
the information for regulatory purposes. Thus, should MIAX need
information on Brazilian trading in the Brazil Index component
securities to investigate incidents involving trading of EWZ options,
the SEC could request such information from the CMV under the Brazil-US
MOU. While this arrangement certainly would be enhanced by the
existence of direct exchange to exchange surveillance sharing
agreements, it is nonetheless consistent with other instances where the
Commission has explored alternatives when the relevant foreign exchange
was unwilling or unable to enter into a CSSA.\7\
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    \7\ See, e.g., Securities Exchange Act Release No. 36415
(October 25, 1995), 60 FR 55620 (November 1, 1995) (SR-CBOE-95-45)
(Order Approving Proposed Rule Change Relating to the Listing and
Trading of Options on the CBOE Mexico 30 Index).
---------------------------------------------------------------------------

    The practice of relying on surveillance agreements or MOUs between
regulators when a foreign exchange was unable, or unwilling, to provide
an information sharing agreement was affirmed by the Commission in the
Commission's New Product Release (``New Product Release'').\8\ The
Commission noted in the New Product Release that if securing a CSSA is
not possible, an exchange should contact the Commission prior to
listing a new derivative securities product. The Commission also noted
that the Commission may determine instead that it is appropriate to
rely on a memorandum of understanding between the Commission and the
foreign regulator.
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    \8\ See Securities Exchange Act Release No. 40761 (December 8,
1998), 63 FR 70952, 70959 at fn. 101 (December 22, 1998).
---------------------------------------------------------------------------

    The Exchange has recently contacted BM&FBOVESPA with a request to
enter into a CSSA. Until the Exchange is able to secure a CSSA with
BM&FBOVESPA, the Exchange requests that the Commission allow the
listing and trading of options on EWZ without a CSSA, upon reliance of
the Brazil-US MOU entered into between the Commission and the CMV. The
Exchange believes this request is reasonable and notes that the
Commission has provided similar relief in the past. For example, the
Commission approved the Philadelphia Stock Exchange, Inc. (``PHLX'') to
rely on an MOU between the Commission and the CMV instead of a direct
CSSA with BM&FBOVESPA in order to list and trade options on Telebras
Portoflio Certicate American Depository Receipts.\9\ Additionally, the
Commission approved, on a pilot basis, proposals of competing exchanges
to list and trade options on the iShares MSCI Emerging Markets Fund
\10\ and the iShares MSCI Mexico Indext Fund [sic].\11\
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    \9\ See Securities Exchange Act Release No. 40298 (August 3,
1998), 63 FR 43435 (August 13, 1998) (SR-Phlx-1998-33).
    \10\ See Securities Exchange Act Release Nos. 53824 (May 17,
2006), 71 FR 30003 (May 24, 2006) (SR-Amex-2006-43); 54081 (June 30,
2006), 71 FR 38911 (July 10, 2006) (SR-Amex-2006-60); 54553
(September 29, 2006), 71 FR 59561 (October 10, 2006) (SR-Amex-2006-
91); 55040 (January 3, 2007), 72 FR 1348 (January 11, 2007) (SR-
Amex-2007-01); and 55955 (June 25, 2007), 72 FR 36079 (July 2, 2007)
(SR-Amex-2007-57); 56324 (August 27, 2007), 72 FR 50426 (August 31,
2007) (SR-ISE-2007-72).
    \11\ See Securities Exchange Act Release Nos. 72213 (May 21,
2014), [sic] FR 30699 (May 28, 2014) (SR-MIAX-2014-19); 56778
(November 9, 2007), 72 FR 65113 (November 19, 2007) (SR-Amex-2007-
100); 57013 (December 20, 2007), 72 FR 73923 (December 28, 2007)
(SR-CBOE-2007-140); 57014 (December 20, 2007), 72 FR 73934 (December
28, 2007) (SR-ISE-2007-111).
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    The Commission's approval of this request to list and trade options
on the EWZ would otherwise render EWZ compliant with all of the
applicable Listing Standards.
    The Exchange shall continue to use its best efforts to obtain a
CSSA with BM&FBOVESPA, which shall reflect the following: (1) Express
language addressing market trading activity, clearing activity, and
customer identity; (2) BM&FBOVESPA's reasonable ability to obtain
access to and produce requested information; and (3) based on the CSSA
and other information provided by the BM&FBOVESPA, the absence of
existing rules, law or practices that would impede the Exchange from
obtaining foreign information relating to market activity, clearing
activity, or customer identity, or in the event such rules, laws, or
practices exist, they would not materially impede the production of
customer or other information.
iShares MSCI Chile Capped ETF (``ECH'')
    ECH is registered pursuant to the Investment Company Act of 1940 as
a management investment company designed to hold a portfolio of
securities which track the MSCI Chile Investable Market Index (IMI) 25/
50 (``Chile Index'').\12\ The Chile Index consists of stocks traded
primarily on the Santiago Stock Exchange (``SSE''). ECH employs a
``representative sampling'' methodology to track the Chile Index by
investing in a representative sample of Chile Index securities having a
similar investment profile as the Chile Index.\13\ BFA, ECH's Adviser
expects ECH to closely track the Chile Index so that, over time, a
tracking error of 5%, or less, is exhibited. Securities selected by ECH
have aggregate investment characteristics (based on market
capitalization and industry weightings), fundamental characteristics
(such as return variability, earnings valuation and yield) and
liquidity measures similar to those of the Chile Index. ECH will not
concentrate its investments (i.e., hold 25% or more of its total assets
in the stocks of a particular industry or group of industries), except,
to the extent practicable, to reflect the concentration in the Chile
Index. ECH will invest at least ninety percent (90%) of its assets in
the securities comprising the Chile Index and/or related ADRs. ECH may
also invest its other assets in futures contracts, options on futures
contracts, other types of options and swaps related to the Chile Index,
as well as cash and cash equivalents. The Exchange believes that these
requirements and policies prevent the ECH from being excessively
weighted in any single security or small group of securities and
significantly reduce concerns that trading in ECH could become a
surrogate for trading in unregistered securities.
---------------------------------------------------------------------------

    \12\ Morgan Stanley Capital International Inc. (``MSCI'')
created and maintains the MSCI Chile Investable Market Index (IMI)
25/50.
    \13\ As of March 21, 2014, ECH was comprised of 41 securities.
S.A.C.I. FALABELLA had the greatest individual weight at 9.25%. The
aggregate percentage weighting of the top 5 and 10 securities in the
Fund were 39.92% and 62.57%, respectively.
---------------------------------------------------------------------------

    Shares of the ECH (``ECH Shares'') are issued and redeemed, on a
continuous basis, at NAV in aggregation size of 50,000 shares, or
multiples thereof (a ``Creation Unit''). Following issuance, ECH Shares
are traded on an exchange like other equity securities. ECH Shares
trade in the secondary markets in amounts less than a Creation Unit and
the price per ECH Share may differ from its NAV which is calculated
once daily as of the regularly scheduled close of business of NYSE
Arca.\14\
---------------------------------------------------------------------------

    \14\ See supra note 6.
---------------------------------------------------------------------------

    State Street Bank and Trust Company, the administrator, custodian,
and transfer agent for ECH. Detailed information on ECH can be found at
www.ishares.com.
    The Exchange has reviewed ECH and determined that the ECH Shares
satisfy the initial listing standards, except for the requirement set
forth in MIAX Rule 402(i)(5)(ii)(A) which requires ECH to meet the
following condition:
     Any non-U.S. component securities of an index or portfolio
of securities on which the Exchange-Traded Fund Shares are based that
are not subject to

comprehensive surveillance agreements do not in the aggregate represent
more than 50% of the weight of the index or portfolio. The Exchange
currently does not have in place a surveillance agreement with SSE.
    The Exchange submits that the Commission, in the past, has been
willing to allow a national securities exchange to rely on a memorandum
of understanding entered into between regulators in the event that the
exchanges themselves cannot enter into a CSSA. The Exchange notes that
SSE is under the regulatory oversight of the Superintendencia de
Valores y Seguros de Chile (``SVS''), which has the responsibility for
Chilean securities markets. The Exchange further notes that the
Commission executed a memorandum of understanding with the SVS dated as
of June 3, 1993 (``Chile-US MOU''), which provides a framework for
mutual assistance in investigatory and regulatory issues. Based on the
relationship between the SEC and SVS and the terms of the Chile-US MOU,
the Exchange submits that both the Commission and the SVS could acquire
information from and provide information to the other similar to that
which would be required in a CSSA between exchanges. Moreover, the
Commission could make a request for information under the Chile-US MOU
on behalf of an SRO that needed the information for regulatory
purposes. Thus, should MIAX need information on Chilean trading in the
Chile Index component securities to investigate incidents involving
trading of ECH options, the SEC could request such information from the
SVS under the Chile-US MOU. While this arrangement certainly would be
enhanced by the existence of direct exchange to exchange surveillance
sharing agreements, it is nonetheless consistent with other instances
where the Commission has explored alternatives when the relevant
foreign exchange was unwilling or unable to enter into a CSSA.\15\
---------------------------------------------------------------------------

    \15\ See supra note 7.
---------------------------------------------------------------------------

    The practice of relying on surveillance agreements or MOUs between
regulators when a foreign exchange was unable, or unwilling, to provide
an information sharing agreement was affirmed by the Commission in the
Commission's New Product Release.\16\ The Commission noted in the New
Product Release that if securing a CSSA is not possible, an exchange
should contact the Commission prior to listing a new derivative
securities product. The Commission also noted that the Commission may
determine instead that it is appropriate to rely on a memorandum of
understanding between the Commission and the foreign regulator.
---------------------------------------------------------------------------

    \16\ See supra note 8.
---------------------------------------------------------------------------

    The Exchange has recently contacted SSE with a request to enter
into a CSSA. Until the Exchange is able to secure a CSSA with SSE, the
Exchange requests that the Commission allow the listing and trading of
options on ECH without a CSSA, upon reliance of the MOU entered into
between the Commission and the SVS. The Exchange believes this request
is reasonable and notes that the Commission has provided similar relief
in the past. For example, the Commission approved, on a pilot basis,
proposals of competing exchanges to list and trade options on the
iShares MSCI Emerging Markets Fund \17\ and the iShares MSCI Mexico
Index Fund.\18\
---------------------------------------------------------------------------

    \17\ See supra note 10.
    \18\ See supra note 11.
---------------------------------------------------------------------------

    The Commission's approval of this request to list and trade options
on the ECH would otherwise render ECH compliant with all of the
applicable Listing Standards.
    The Exchange shall continue to use its best efforts to obtain a
CSSA with SSE, which shall reflect the following: (1) Express language
addressing market trading activity, clearing activity, and customer
identity; (2) SSE's reasonable ability to obtain access to and produce
requested information; and (3) based on the CSSA and other information
provided by SSE, the absence of existing rules, law or practices that
would impede the Exchange from obtaining foreign information relating
to market activity, clearing activity, or customer identity, or in the
event such rules, laws, or practices exist, they would not materially
impede the production of customer or other information.
iShares MSCI Peru Capped ETF (``EPU'')
    EPU is registered pursuant to the Investment Company Act of 1940 as
a management investment company designed to hold a portfolio of
securities which track the MSCI All Peru Capped Index (``Peru
Index'').\19\ The Peru Index consists of stocks traded primarily on
Bolsa de Valores de Lima (``BVL''). EPU employs a ``representative
sampling'' methodology to track the Peru Index by investing in a
representative sample of Peru Index securities having a similar
investment profile as the Peru Index.\20\ BFA expects EPU to closely
track the Peru Index so that, over time, a tracking error of 5%, or
less, is exhibited. Securities selected by EPU have aggregate
investment characteristics (based on market capitalization and industry
weightings), fundamental characteristics (such as return variability,
earnings valuation and yield) and liquidity measures similar to those
of the Peru Index. EPU will not concentrate its investments (i.e., hold
25% or more of its total assets in the stocks of a particular industry
or group of industries), except, to the extent practicable, to reflect
the concentration in the Peru Index. EPU will invest at least eighty
percent (80%) of its assets in the securities comprising the Peru Index
and/or related ADRs. EPU may also invest its other assets in futures
contracts, options on futures contracts, other types of options and
swaps related to the Peru Index, as well as cash and cash equivalents.
The Exchange believes that these requirements and policies prevent the
EPU from being excessively weighted in any single security or small
group of securities and significantly reduce concerns that trading in
EPU could become a surrogate for trading in unregistered securities.
---------------------------------------------------------------------------

    \19\ Morgan Stanley Capital International Inc. (``MSCI'')
created and maintains the All Peru Capped Index.
    \20\ As of March 20, 2014, EPU was comprised of 25 securities.
CREDICORP LTD had the greatest individual weight at 26.72%. The
aggregate percentage weighting of the top 5 and 10 securities in the
Fund were 55.60% and 73.11%, respectively.
---------------------------------------------------------------------------

    Shares of the EPU (``EPU Shares'') are issued and redeemed, on a
continuous basis, at NAV in aggregation size of 50,000 shares, or
multiples thereof (a ``Creation Unit''). Following issuance, EPU Shares
are traded on an exchange like other equity securities. EPU Shares
trade in the secondary markets in amounts less than a Creation Unit and
the price per EPU Share may differ from its NAV which is calculated
once daily as of the regularly scheduled close of business of NYSE
Arca.\21\
---------------------------------------------------------------------------

    \21\ See supra note 6.
---------------------------------------------------------------------------

    State Street Bank and Trust Company, the administrator, custodian,
and transfer agent for EPU. Detailed information on EPU can be found at
www.ishares.com.
    The Exchange has reviewed EPU and determined that the EPU Shares
satisfy the initial listing standards, except for the requirement set
forth in MIAX Rule 402(i)(5)(ii)(A) which requires EPU to meet the
following condition:
     Any non-U.S. component securities of an index or portfolio
of securities on which the Exchange-Traded Fund Shares are based that
are not subject to comprehensive surveillance agreements do not in the
aggregate represent more than 50% of the weight of the index or
portfolio.
    The Exchange currently does not have in place a surveillance
agreement with BVL.

    The Exchange submits that the Commission, in the past, has been
willing to allow a national securities exchange to rely on a memorandum
of understanding entered into between regulators in the event that the
exchanges themselves cannot enter into a CSSA. The Exchange notes that
BVL is under the regulatory oversight of the Superintendencia del
Mercado de Valores (``SMV''), which has the responsibility for Peruvian
stock exchanges. The Exchange further notes that both the Commission
and SMV are signatories to the International Organization of Securities
Commissions (``IOSCO'') Multilateral Memorandum of Understanding
(``MMOU''), which provides a framework for mutual assistance in
investigatory and regulatory issues. Based on the relationship between
the SEC and SMV and the terms of the MMOU, the Exchange submits that
both the Commission and the SMV could acquire information from and
provide information to the other similar to that which would be
required in a CSSA between exchanges. Moreover, the Commission could
make a request for information under the MMOU on behalf of an SRO that
needed the information for regulatory purposes. Thus, should MIAX need
information on Peruvian trading in the Peru Index component securities
to investigate incidents involving trading of EPU options, the SEC
could request such information from the SMV under the MMOU. While this
arrangement certainly would be enhanced by the existence of direct
exchange to exchange surveillance sharing agreements, it is nonetheless
consistent with other instances where the Commission has explored
alternatives when the relevant foreign exchange was unwilling or unable
to enter into a CSSA.\22\
---------------------------------------------------------------------------

    \22\ See supra, note 7.
---------------------------------------------------------------------------

    The practice of relying on surveillance agreements or MOUs between
regulators when a foreign exchange was unable, or unwilling, to provide
an information sharing agreement was affirmed by the Commission in the
New Product Release.\23\ The Commission noted in the New Product
Release that if securing a CSSA is not possible, an exchange should
contact the Commission prior to listing a new derivative securities
product. The Commission also noted that the Commission may determine
instead that it is appropriate to rely on a memorandum of understanding
between the Commission and the foreign regulator.
---------------------------------------------------------------------------

    \23\ See supra, note 8.
---------------------------------------------------------------------------

    The Exchange has recently contacted BVL with a request to enter
into a CSSA. Until the Exchange is able to secure a CSSA with BVL, the
Exchange requests that the Commission allow the listing and trading of
options on EPU without a CSSA, upon reliance of the MMOU entered into
between the Commission and the SMV. The Exchange believes this request
is reasonable and notes that the Commission has provided similar relief
in the past. Additionally, the Commission approved, on a pilot basis,
proposals of competing exchanges to list and trade options on the
iShares MSCI Emerging Markets Fund \24\ and the iShares MSCI Mexico
Index Fund.\25\
---------------------------------------------------------------------------

    \24\ See supra note 10.
    \25\ See supra note 11.
---------------------------------------------------------------------------

    The Commission's approval of this request to list and trade options
on the EPU would otherwise render EPU compliant with all of the
applicable Listing Standards.
    The Exchange shall continue to use its best efforts to obtain a
CSSA with BVL, which shall reflect the following: (1) Express language
addressing market trading activity, clearing activity, and customer
identity; (2) BVL's reasonable ability to obtain access to and produce
requested information; and (3) based on the CSSA and other information
provided by the BVL, the absence of existing rules, law or practices
that would impede the Exchange from obtaining foreign information
relating to market activity, clearing activity, or customer identity,
or in the event such rules, laws, or practices exist, they would not
materially impede the production of customer or other information.
iShares MSCI Spain Capped ETF (``EWP'')
    EWP is registered pursuant to the Investment Company Act of 1940 as
a management investment company designed to hold a portfolio of
securities which track the MSCI Spain 25/50 Index (``Spain
Index'').\26\ The Spain Index consists of stocks traded primarily on
Bolsa de Madrid (``BME''). EWP employs a ``representative sampling''
methodology to track the Spain Index by investing in a representative
sample of Spain Index securities having a similar investment profile as
the Spain Index.\27\ BFA expects EWP to closely track the Spain Index
so that, over time, a tracking error of 5%, or less, is exhibited.
Securities selected by EWP have aggregate investment characteristics
(based on market capitalization and industry weightings), fundamental
characteristics (such as return variability, earnings valuation and
yield) and liquidity measures similar to those of the Spain Index. EWP
will not concentrate its investments (i.e., hold 25% or more of its
total assets in the stocks of a particular industry or group of
industries), except, to the extent practicable, to reflect the
concentration in the Spain Index. EWP will invest at least eighty
percent (80%) of its assets in the securities comprising the Spain
Index and/or related ADRs. EWP may also invest its other assets in
futures contracts, options on futures contracts, other types of options
and swaps related to the Spain Index, as well as cash and cash
equivalents. The Exchange believes that these requirements and policies
prevent the EWP from being excessively weighted in any single security
or small group of securities and significantly reduce concerns that
trading in EWP could become a surrogate for trading in unregistered
securities.
---------------------------------------------------------------------------

    \26\ Morgan Stanley Capital International Inc. (``MSCI'')
created and maintains the Spain 25/50 Index.
    \27\ As of March 28, 2014, EWP was comprised of 24 securities.
BANCO SANTANDER SA had the greatest individual weight at 22.37%. The
aggregate percentage weighting of the top 5 and 10 securities in the
Fund were 56.88% and 74.52%, respectively.
---------------------------------------------------------------------------

    Shares of the EWP (``EWP Shares'') are issued and redeemed, on a
continuous basis, at NAV in aggregation size of 75,000 shares, or
multiples thereof (a ``Creation Unit''). Following issuance, EWP Shares
are traded on an exchange like other equity securities. EWP Shares
trade in the secondary markets in amounts less than a Creation Unit and
the price per EWP Share may differ from its NAV which is calculated
once daily as of the regularly scheduled close of business of NYSE
Arca.\28\
---------------------------------------------------------------------------

    \28\ See supra note 6.
---------------------------------------------------------------------------

    State Street Bank and Trust Company, the administrator, custodian,
and transfer agent for EWP. Detailed information on EWP can be found at
ww.ishares.com.
    The Exchange has reviewed EWP and determined that the EWP Shares
satisfy the initial listing standards, except for the requirement set
forth in MIAX Rule 402(i)(5)(ii)(A) which requires EWP to meet the
following condition:
     Any non-U.S. component securities of an index or portfolio
of securities on which the Exchange-Traded Fund Shares are based that
are not subject to comprehensive surveillance agreements do not in the
aggregate represent more than 50% of the weight of the index or
portfolio.

    The Exchange currently does not have in place a surveillance
agreement with BME.
    The Exchange submits that the Commission, in the past, has been
willing to allow a national securities exchange to rely on a memorandum
of understanding entered into between regulators in the event that the
exchanges themselves cannot enter into a CSSA. The Exchange notes that
BME is under the regulatory oversight of the Comision Nacional del
Mercado de Valores (``CNMV''), which has the responsibility for Spanish
stock exchanges. The Exchange further notes that the Commission
executed a memorandum of understanding with the CNMV dated as of July
22, 2013 (``Spain-US MOU''), which provides a framework for mutual
assistance in investigatory and regulatory issues. Based on the
relationship between the SEC and CNMV and the terms of the Spain-US
MOU, the Exchange submits that both the Commission and the CNMV could
acquire information from and provide information to the other similar
to that which would be required in a CSSA between exchanges. Moreover,
the Commission could make a request for information under the Spain-US
MOU on behalf of an SRO that needed the information for regulatory
purposes. Thus, should MIAX need information on Spanish trading in the
Spain Index component securities to investigate incidents involving
trading of EWP options, the SEC could request such information from the
CNMV under the Spain-US MOU. While this arrangement certainly would be
enhanced by the existence of direct exchange to exchange surveillance
sharing agreements, it is nonetheless consistent with other instances
where the Commission has explored alternatives when the relevant
foreign exchange was unwilling or unable to enter into a CSSA.\29\
---------------------------------------------------------------------------

    \29\ See supra, note 7.
---------------------------------------------------------------------------

    The practice of relying on surveillance agreements or MOUs between
regulators when a foreign exchange was unable, or unwilling, to provide
an information sharing agreement was affirmed by the Commission in the
New Product Release.\30\ The Commission noted in the New Product
Release that if securing a CSSA is not possible, an exchange should
contact the Commission prior to listing a new derivative securities
product. The Commission also noted that the Commission may determine
instead that it is appropriate to rely on a memorandum of understanding
between the Commission and the foreign regulator.
---------------------------------------------------------------------------

    \30\ See supra, note 8.
---------------------------------------------------------------------------

    The Exchange has recently contacted BME with a request to enter
into a CSSA. Until the Exchange is able to secure a CSSA with BME, the
Exchange requests that the Commission allow the listing and trading of
options on EWP without a CSSA, upon reliance of the Spain-US MOU
entered into between the Commission and the CNMV. The Exchange believes
this request is reasonable and notes that the Commission has provided
similar relief in the past. Additionally, the Commission approved, on a
pilot basis, proposals of competing exchanges to list and trade options
on the iShares MSCI Emerging Markets Fund \31\ and the iShares MSCI
Mexico Index Fund.\32\
---------------------------------------------------------------------------

    \31\ See supra note 10.
    \32\ See supra note 11.
---------------------------------------------------------------------------

    The Commission's approval of this request to list and trade options
on the EWP would otherwise render EWP compliant with all of the
applicable Listing Standards.
    The Exchange shall continue to use its best efforts to obtain a
CSSA with BME, which shall reflect the following: (1) Express language
addressing market trading activity, clearing activity, and customer
identity; (2) BME's reasonable ability to obtain access to and produce
requested information; and (3) based on the CSSA and other information
provided by the BME, the absence of existing rules, law or practices
that would impede the Exchange from obtaining foreign information
relating to market activity, clearing activity, or customer identity,
or in the event such rules, laws, or practices exist, they would not
materially impede the production of customer or other information.
2. Statutory Basis
    MIAX believes that its proposed rule change is consistent with
Section 6(b) of the Act \33\ in general, and furthers the objectives of
Section 6(b)(5) of the Act \34\ in particular, in that it is designed
to prevent fraudulent and manipulative acts and practices, to promote
just and equitable principles of trade, to foster cooperation and
coordination with persons engaged in facilitating transactions in
securities, to remove impediments to and perfect the mechanisms of a
free and open market and a national market system and, in general, to
protect investors and the public interest. In particular, the Exchange
believes listing and trading of options on the iShare ETFs will benefit
investors by providing them with valuable risk management tools.
---------------------------------------------------------------------------

    \33\ 15 U.S.C. 78f(b).
    \34\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    The Exchange believes this proposed rule change will benefit
investors by providing additional methods to trade options on the
iShares ETFs, and by providing them with valuable risk management
tools. Specifically, the Exchange believes that market participants on
MIAX would benefit from the introduction and availability of options on
the iShares ETFs in a manner that is similar to other exchanges and
will provide investors with yet another venue on which to trade these
products. The Exchange notes that the rule change is being proposed as
a competitive response to other competing options exchanges that
already list and trade options on the iShare ETFs and believes this
proposed rule change is necessary to permit fair competition among the
options exchanges. For all the reasons stated above, the Exchange does
not believe that the proposed rule change will impose any burden on
competition not necessary or appropriate in furtherance of the purposes
of the Act, and believes the proposed change will enhance competition.

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

    Written comments were neither solicited nor received.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the Exchange consents, the Commission shall: (a) By order approve
or disapprove such proposed rule change, or (b) institute proceedings
to determine whether the proposed rule change should be disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-MIAX-2014-30 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-MIAX-2014-30. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-MIAX-2014-30 and should be
submitted on or before July 24, 2014.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\35\
---------------------------------------------------------------------------

    \35\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-15608 Filed 7-2-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 102 (Wednesday, May 28, 2014)]
[Proposed Rules]
[Pages 30486-30490]
[FR Doc No: 2014-12260]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0283; Directorate Identifier 2012-NM-183-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to supersede Airworthiness Directive (AD) 2010-03-
05, which applies to all The Boeing Company Model 747-200C and -200F
series airplanes. AD 2010-03-05 currently requires, for section 41
upper deck floor beam upper chords, an inspection for cracks of certain
fastener holes, and corrective action if necessary; and repetitive
replacements of the upper chords, straps (or angles), and radius
fillers of certain upper deck floor beams and, for any replacement that
is done, inspections for cracks, and corrective actions if necessary.
Since we issued AD 2010-03-05, we have determined that the upper deck
floor beams are subject to widespread fatigue damage (WFD), the
existing inspection program is not sufficient to maintain an acceptable
level of safety, and section 42 upper deck floor beam upper chords are
subject to the unsafe condition. This proposed AD would add post-
replacement inspections for section 41 and reduce certain compliance
times. This proposed AD would also require repetitive inspections of
section 42 upper deck floor beam upper chords, repetitive replacements
of the upper chords, post-replacement inspections,

and corrective action if necessary. We are proposing this AD to detect
and correct cracking of the upper chords and straps (or angles) of the
floor beams, which could lead to failure of the floor beams and
consequent loss of controllability, rapid decompression, and loss of
structural integrity of the airplane.

DATES: We must receive comments on this proposed AD by July 14, 2014.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Boeing
Commercial Airplanes, Attention: Data & Services Management, P.O. Box
3707, MC 2H-65, Seattle, WA 98124-2207; telephone<PHONE_NUMBER>,
extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com.
You may view this referenced service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0283; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Office (phone:<PHONE_NUMBER>) is in the ADDRESSES section. Comments will
be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Roger Caldwell, Aerospace Engineer,
Technical Operations Center, ANM-100D, FAA, Denver Aircraft
Certification Office (ACO), 26805 East 68th Avenue, Room 214, Denver,
CO 80249; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2014-0283;
Directorate Identifier 2012-NM-183-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    Structural fatigue damage is progressive. It begins as minute
cracks, and those cracks grow under the action of repeated stresses.
This can happen because of normal operational conditions and design
attributes, or because of isolated situations or incidents such as
material defects, poor fabrication quality, or corrosion pits, dings,
or scratches. Fatigue damage can occur locally, in small areas or
structural design details, or globally. Global fatigue damage is
general degradation of large areas of structure with similar structural
details and stress levels. Multiple-site damage is global damage that
occurs in a large structural element such as a single rivet line of a
lap splice joining two large skin panels. Global damage can also occur
in multiple elements such as adjacent frames or stringers. Multiple-
site-damage and multiple-element-damage cracks are typically too small
initially to be reliably detected with normal inspection methods.
Without intervention, these cracks will grow, and eventually compromise
the structural integrity of the airplane, in a condition known as WFD.
As an airplane ages, WFD will likely occur, and will certainly occur if
the airplane is operated long enough without any intervention.
    The FAA's WFD final rule (75 FR 69746, November 15, 2010) became
effective on January 14, 2011. The WFD rule requires certain actions to
prevent structural failure due to WFD throughout the operational life
of certain existing transport category airplanes and all of these
airplanes that will be certificated in the future. For existing and
future airplanes subject to the WFD rule, the rule requires that design
approval holders (DAHs) establish a limit of validity (LOV) of the
engineering data that support the structural maintenance program.
Operators affected by the WFD rule may not fly an airplane beyond its
LOV, unless an extended LOV is approved.
    The WFD rule (75 FR 69746, November 15, 2010) does not require
identifying and developing maintenance actions if the DAHs can show
that such actions are not necessary to prevent WFD before the airplane
reaches the LOV. Many LOVs, however, do depend on accomplishment of
future maintenance actions. As stated in the WFD rule, any maintenance
actions necessary to reach the LOV will be mandated by airworthiness
directives through separate rulemaking actions.
    In the context of WFD, this action is necessary to enable DAHs to
propose LOVs that allow operators the longest operational lives for
their airplanes, and still ensure that WFD will not occur. This
approach allows for an implementation strategy that provides
flexibility to DAHs in determining the timing of service information
development (with FAA approval), while providing operators with
certainty regarding the LOV applicable to their airplanes.
    On January 21, 2010, we issued AD 2010-03-05, Amendment 39-16188
(75 FR 5692, February 4, 2010), for all The Boeing Company Model 747-
200C and -200F series airplanes. AD 2010-03-05 requires a high
frequency eddy current (HFEC) inspection for cracks of certain fastener
holes, and corrective action if necessary. AD 2010-03-05 also requires
repetitive replacements of the upper chords, straps (or angles), and
radius fillers of certain upper deck floor beams and, for any
replacement that is done, detailed and open-hole HFEC inspections for
cracks of the modified upper deck floor beams, and corrective actions
if necessary. AD 2010-03-05 resulted from a report from the
manufacturer that the accomplishment of certain existing inspections,
repairs, and modifications is not adequate to ensure the structural
integrity of the affected upper chords of the upper deck floor beams
made of 7075 series aluminum alloy on airplanes that have exceeded
certain thresholds. We issued AD 2010-03-05 to prevent cracking of the
upper chords and straps (or angles) of the floor beams, which could
lead to failure of the floor beams and

consequent loss of controllability, rapid decompression, and loss of
structural integrity of the airplane.

Actions Since AD 2010-03-05, Amendment 39-16188 (75 FR 5692, February
4, 2010), Was Issued

    Since we issued AD 2010-03-05, Amendment 39-16188 (75 FR 5692,
February 4, 2010), we have determined that replacement of the upper
chord of the upper deck floor beam is necessary at body stations aft of
station 520. Upper chords of the upper deck floor beam aft of STA 520
(540 through 740) are made from 2024 aluminum, and these upper chords
aft of STA 520 have been determined to be a structure that is also
susceptible to WFD. Ongoing inspection of this structure is not
sufficient to maintain an acceptable level of safety, and therefore
replacement of the structure is necessary. The modifications and
inspections of the upper deck floor beams were developed to support the
airplane's LOV of the engineering data that support the established
structural maintenance program. It has also been determined that
section 42 of the airplane is subject to the unsafe condition.

Relevant Service Information

    We reviewed Boeing Alert Service Bulletin 747-53A2696, Revision 1,
dated April 12, 2012. For information on the procedures and compliance
times, see this service information at http://www.regulations.gov by
searching for Docket No. FAA-2014-0283.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    Although this proposed AD does not explicitly restate the
requirements of AD 2010-03-05, Amendment 39-16188 (75 FR 5692, February
4, 2010), this proposed AD would retain all of the requirements of AD
2010-03-05. Those retained requirements are referenced in the service
information identified previously, which, in turn, is referenced in
paragraphs (g) and (h) of this proposed AD. This proposed AD would
require, for section 41 upper deck floor beam upper chords, an HFEC
inspection for cracks of certain fastener holes, and corrective action
if necessary; and repetitive replacements of the upper chords, straps
(or angles), and radius fillers of certain upper deck floor beams and,
for any replacement that is done, detailed and open-hole HFEC
inspections for cracks of the modified upper deck floor beams, and
corrective actions if necessary.
    This proposed AD would add post-replacement inspections for section
41 upper deck floor beam upper chords and reduce certain compliance
times. This proposed AD also would require repetitive inspections of
section 42 upper deck floor beam upper chords, repetitive replacements
of the upper chords, post-replacement inspections, and corrective
action if necessary.

Differences Between This Proposed AD and the Service Information

    The service bulletin specifies to contact the manufacturer for
instructions on how to repair certain conditions, but this proposed AD
would require repairing those conditions in one of the following ways:
     In accordance with a method that we approve; or
     Using data that meet the certification basis of the
airplane, and that have been approved by the Boeing Commercial
Airplanes Organization Designation Authorization (ODA) whom we have
authorized to make those findings.

Explanation of Compliance Time

    The compliance time for the replacement specified in this proposed
AD for addressing WFD was established to ensure that discrepant
structure is replaced before WFD develops in airplanes. Standard
inspection techniques cannot be relied on to detect WFD before it
becomes a hazard to flight. We will not grant any extensions of the
compliance time to complete any AD-mandated service information related
to WFD without extensive new data that would substantiate and clearly
warrant such an extension.

Costs of Compliance

    We estimate that this proposed AD affects 25 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on  U.S.
             Action                   Labor cost          Parts cost       Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Retained inspection and           663 work-hours x    $0................  $56,355 per         $1,408,875 per
 replacement (AD 2010-03-05,       $85 per hour =                          inspection/         inspection/
 Amendment 39[dash]16188 (75 FR    $56,355.                                replacement cycle.  replacement
 5692, February 4, 2010)).                                                                     cycle.
New post-replacement              Up to 525 work-     Manufacturer has    $44,625...........  Up to $1,115,625.
 inspections--section 41.          hours x $85 per     not provided cost
                                   hour =              of parts.
                                   $44,625.\1\
New inspections, replacement,     Up to 525 work-     Manufacturer has    $44,625...........  Up to $1,115,625.
 and post-replacement              hours x $85 per     not provided cost
 inspections--section 42.          hour =              of parts.
                                   $44,625.\1\
----------------------------------------------------------------------------------------------------------------
\1\ Includes time to manufacture parts.

    We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this proposed
AD.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. Amend Sec.  39.13 by removing Airworthiness Directive (AD) 2010-03-
05, Amendment 39-16188 (75 FR 5692, February 4, 2010), and adding the
following new AD:

The Boeing Company: Docket No. FAA-2014-0283; Directorate Identifier
2012-NM-183-AD.

(a) Comments Due Date

    The FAA must receive comments on this AD action by July 14,
2014.

(b) Affected ADs

    This AD supersedes AD 2010-03-05, Amendment 39-16188 (75 FR
5692, February 4, 2010).

(c) Applicability

    This AD applies to all The Boeing Company Model 747-200C and -
200F series airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by an evaluation done by the design
approval holder (DAH) indicating that the upper deck floor beams are
not adequate to ensure structural integrity and are subject to
widespread fatigue damage (WFD). Inspections and modifications were
developed to support the airplane's limit of validity (LOV) of the
engineering data that support the established structural maintenance
program. We are issuing this AD to detect and correct cracking of
the upper chords and straps (or angles) of the floor beams, which
could lead to failure of the floor beams and consequent loss of
controllability, rapid decompression, and loss of structural
integrity of the airplane.

(f) Compliance

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

(g) Inspection and Replacement for Section 41 Upper Deck Floor Beam
Upper Chords

    At the applicable time specified in Table 1 of paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin 747-53A2696,
Revision 1, dated April 12, 2012: At stations (STA) 340 through STA
440, STA 500, and STA 520, do an open-hole HFEC inspection at all
accessed fastener holes to detect cracking; and install new upper
deck floor beam upper chords, straps, angles, and radius fillers, in
accordance with Part 2 and Part 3 of the Accomplishment Instructions
of Boeing Alert Service Bulletin 747-53A2696, Revision 1, dated
April 12, 2012.

(h) Post-Replacement Inspections and Replacements for Section 41 Upper
Deck Floor Beam Upper Chords

    At the applicable time specified in Table 2 of paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin 747-53A2696,
Revision 1, dated April 12, 2012; or within 1,500 flight cycles
after March 11, 2010 (the effective date of AD 2010-03-05, Amendment
39-16188 (75 FR 5692, February 4, 2010)); whichever occurs later: Do
detailed and HFEC inspections to detect cracking of the replaced
upper deck floor beam chords, the floor panel attachment holes, and
the permanent fastener locations of the replaced upper deck floor
beam chords, in accordance with Part 4 of the Accomplishment
Instructions of Boeing Alert Service Bulletin 747-53A2696, Revision
1, dated April 12, 2012. If no crack is found, do the actions
specified in paragraphs (h)(1) and (h)(2) of this AD.
    (1) Do the detailed and HFEC inspections of the replaced upper
deck floor beam chords within 3,000 flight cycles after the most
recent inspection, or within 300 flight cycles after the effective
date of this AD, whichever occurs later, and repeat thereafter at
the applicable time specified in Table 2 of paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin 747-53A2696,
Revision 1, dated April 12, 2012.
    (2) Do the open-hole HFEC inspection and chord replacement
required by paragraph (g) of this AD at the applicable time
specified in Table 2 of paragraph 1.E., ``Compliance,'' of Boeing
Alert Service Bulletin 747-53A2696, Revision 1, dated April 12,
2012, or within 240 flight cycles after the effective date of this
AD, whichever occurs later. Repeat the inspections and replacement
specified in paragraph (h) of this AD at the applicable time
specified in Table 2 of paragraph 1.E., ``Compliance,'' of Boeing
Alert Service Bulletin 747-53A2696, Revision 1, dated April 12,
2012.

(i) Inspection and Replacement for Section 42 Upper Deck Floor Beam
Upper Chords

    At the applicable time specified in Tables 3 and 4 of paragraph
1.E., ``Compliance,'' of Boeing Alert Service Bulletin 747-53A2696,
Revision 1, dated April 12, 2012, except as required by paragraph
(l) of this AD: Do the actions specified in paragraph (i)(1) or
(i)(2) of this AD as applicable.
    (1) At STA 540 through STA 740 for Group 1 airplanes identified
in Boeing Alert Service Bulletin 747-53A2696, Revision 1, dated
April 12, 2012: Do an open-hole HFEC inspection to detect cracking,
and install new upper deck floor beam upper chord replacements, in
accordance with Part 7 and Part 8 of the Accomplishment Instructions
of Boeing Alert Service Bulletin 747-53A2696, Revision 1, dated
April 12, 2012.
    (2) At STA 540 through STA 780 for Group 2 airplanes identified
in Boeing Alert Service Bulletin 747-53A2696, Revision 1, dated
April 12, 2012: Do an open-hole HFEC inspection to detect cracking,
and install new upper deck floor beam upper chord replacements, in
accordance with Part 7 and Part 8 of the Accomplishment Instructions
of Boeing Alert Service Bulletin 747-53A2696, Revision 1, dated
April 12, 2012.

(j) Post-Replacement Inspections and Replacement for Section 42 Upper
Deck Floor Beam Upper Chords

    At the applicable time specified in Table 5 of paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin 747-53A2696,
Revision 1, dated April 12, 2012; or within 1,500 flight cycles
after March 11, 2010 (the effective date of AD 2010-03-05, Amendment
39-16188 (75 FR 5692, February 4, 2010)); whichever occurs later: Do
HFEC inspections to detect cracking of the replaced upper deck floor
beam chords, in accordance with Part 9 of the Accomplishment
Instructions of Boeing Alert Service Bulletin 747-53A2696, Revision
1, dated April 12, 2012. If no crack is found, do the actions
specified in paragraphs (j)(1) and (j)(2) of this AD.
    (1) Repeat the HFEC inspections of the replaced upper deck floor
beam chords thereafter at the applicable time specified Table 5 of
paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin
747-53A2696, Revision 1, dated April 12, 2012.
    (2) Do the open-hole HFEC inspection and chord replacement
required by paragraph (i) of this AD at the applicable time
specified in Table 5 of paragraph 1.E., ``Compliance,'' of Boeing
Alert Service Bulletin 747-53A2696, Revision 1, dated April 12,
2012. Repeat the inspections and replacement, as specified in
paragraph (j) of this AD, at the applicable

time specified in Table 5 of paragraph 1.E., ``Compliance,'' of
Boeing Alert Service Bulletin 747-53A2696, Revision 1, dated April
12, 2012.

(k) Corrective Actions

    If any cracking is found during any inspection required by this
AD, before further flight, repair using a method approved in
accordance with the procedures specified in paragraph (o) of this
AD.

(l) Exception to Service Information Specifications

    Where Boeing Alert Service Bulletin 747-53A2696, Revision 1,
dated April 12, 2012, specifies a compliance time ``after the
revision 1 date on this service bulletin,'' this AD requires
compliance within the specified compliance time ``after the
effective date of this AD.''

(m) Credit for Previous Actions

    This paragraph provides credit for the installation of floor
beam replacements required by this AD, if those actions were
performed before the effective date of this AD using Boeing Alert
Service Bulletin 747-53A2696, dated October 16, 2008.

(n) Special Flight Permit

    Special flight permits, as described in Section 21.197 and
Section 21.199 of the Federal Aviation Regulations (14 CFR 21.197
and 21.199), are not allowed.

(o) Alternative Methods of Compliance (AMOCs)

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

(p) Related Information

    (1) For more information about this AD, contact Roger Caldwell,
Aerospace Engineer, Technical Operations Center, ANM-100D, FAA,
Denver Aircraft Certification Office, 26805 East 68th Avenue, Room
214, Denver, CO 80249; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>    (2) For information about AMOCs, contact Bill Ashforth,
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft
Certification Office, 1601 Lind Avenue SW., Renton, WA 98057-3356;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may view this referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on May 15, 2014.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-12260 Filed 5-27-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: January 9, 2006 (Volume 71, Number 5)]
[Notices]
[Page 1418]
[DOCID:fr09ja06-22]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PR06-7-000]

ETC Katy Pipeline, Ltd.; Notice of Petition for Rate Approval

December 29, 2005.
    Take notice that on December 8, 2005, ETC Katy Pipeline, Ltd. (ETC)
filed, pursuant to section 284.123(b)(1)(i)(A) of the Commission's
regulations, an election to use rates contained in its effective State
of Texas transportation rate schedule for comparable services under
subpart C of part 284 of the Commission's regulations. ETC states that
this rate will be applicable to the firm and interruptible
transportation of natural gas under section 311(a)(2) of the Natural
Gas Policy Act of 1978.
    Any person desiring to participate in this rate proceeding must
file a motion to intervene or to protest this filing must file in
accordance with Rules 211 and 214 of the Commission's Rules of Practice
and Procedure (18 CFR 385.211 and 385.214). Protests will be considered
by the Commission in determining the appropriate action to be taken,
but will not serve to make protestants parties to the proceeding. Any
person wishing to become a party must file a notice of intervention or
motion to intervene, as appropriate. Such notices, motions, or protests
must be filed on or before the date as indicated below. Anyone filing
an intervention or protest must serve a copy of that document on the
Applicant. Anyone filing an intervention or protest on or before the
intervention or protest date need not serve motions to intervene or
protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: January 19, 2006.

Magalie R. Salas,
Secretary.
[FR Doc. E6-52 Filed 1-6-06; 8:45 am]

BILLING CODE 6717-01-P