								OMB Control No. 2060-NEW

								Approval expires XX/XX/XX

	The public reporting and recordkeeping burden for this collection of
information is estimated to average 228 hours per response.  Send
comments on the Agency's need for this information, the accuracy of the
provided burden estimates, and any suggested methods for minimizing
respondent burden, including through the use of automated collection
techniques to the Director, Collection Strategies Division, U.S.
Environmental Protection Agency (2822T), 1200 Pennsylvania Ave., NW,
Washington, D.C. 20460.  Include the OMB control number in any
correspondence.  Do not send the completed survey to this address.

ENCLOSURE 1

AEROSPACE MANUFACTURING AND REWORK INDUSTRY

INFORMATION REQUEST QUESTIONNAIRE

INSTRUCTIONS FOR COMPLETING THE QUESTIONNAIRE

I.  Introduction

This information request is to be completed for operations that comprise
the Aerospace Manufacturing and Rework source category at your facility.
 The Aerospace Manufacturing and Rework source category includes any
facility engaged, either in whole or in part, in the manufacture or
rework of commercial, civil, or military aerospace vehicles or
components.  Aerospace vehicle or component means any fabricated part,
processed part, assembly of parts, or completed unit, with the exception
of electronic components, of any aircraft including but not limited to
airplanes, helicopters, missiles, rockets, and space vehicles.

The North American Industrial Classification System (NAICS) codes that
describe facilities that may manufacture or rework aerospace vehicles,
components, or parts are listed in Table 1 below.  This table is not
meant to be exhaustive; facilities classified under other NAICS codes
may also be required to complete this information request if they
perform activities as defined above.

The reporting year for this information request is 2008.  If you cannot
provide 2008 data, you must contact Kim Teal of the U.S. EPA at
919-541-5580 or   HYPERLINK<EMAIL_ADDRESS><EMAIL_ADDRESS>prior to completing this information request to explain why 2008 data
are not available and obtain permission to submit data from another
year.

Table 1.  North American Industrial Classification System Codes for the
Aerospace Manufacturing and Rework Industry

NAICS Code	Description

336411	Aircraft Manufacturing

336412	Aircraft Engine and Engine Parts Manufacturing

336413	Other Aircraft Parts and Auxiliary Equipment Manufacturing

336414	Guided Missile and Space Vehicle Manufacturing

336415	Guided Missile and Space Vehicle Propulsion Units and Propulsion
Units Parts Manufacturing

336419	Other Guided Missile and Space Vehicle Parts and Auxiliary
Equipment Manufacturing

481111	Scheduled Passenger Air Transportation

481112	Scheduled Freight Air Transportation

481211	Nonscheduled Chartered Passenger Air Transportation

481212	Nonscheduled Chartered Freight Air Transportation

481219	Other Nonscheduled Air Transportation

You must complete this information request for ALL manufacturing
operations that constitute aerospace manufacturing and rework at your
facility, regardless of whether the operations are presently regulated
under the National Emission Standards for Hazardous Air Pollutants for
Aerospace Manufacturing and Rework Facilities (aerospace NESHAP).  For
example, information must be submitted for the following operations even
though they are not regulated by the aerospace NESHAP:  chemical
milling, metal finishing, electrodeposition, composites processing,
manufacture of aircraft transparencies, and wastewater operations, among
others.  Additionally, you must submit information for operations that
may be exempted from regulation under the aerospace NESHAP including,
but not limited to, low volume usage coatings, activities associated
with the manufacture or rework of space vehicles, certain waterborne
coatings, certain cleaning operations, certain primer and topcoat
operations, and certain depainting operations.  Finally, you must submit
information where control requirements are not specified for operations
under the aerospace NESHAP, including the use of specialty coatings,
adhesives, adhesive bonding primers, or sealants.

However, this information request does not apply to aerospace
manufacturing or rework operations that are regulated under NESHAP other
than the aerospace NESHAP, with the exception of halogenated solvent
cleaning.  For example, you should not include in your response
information regarding chromium electroplating operations regulated under
the chromium electroplating NESHAP.

You are not required to use the forms provided for your response,
although we encourage you to do so as much as possible.  If you have a
compelling reason to provide the requested information in another
format, you may do so.  For example, facilities that use a large number
of coatings and solvents may have existing spreadsheets or databases
that contain information equivalent to Forms C-1 and E-3.  You may
submit such spreadsheets or databases (or other forms of data) instead
of the forms provided.  In this case, please do not submit your
completed response using the upload website.  Instead, you should submit
your response by mail or email as described below.

How to Return Your Completed Response

Please use one of the following methods to return your completed
response:

You may upload the completed Excel file at
www.cleanairinfo.com/aerospace.  Please follow the instructions at the
website for uploading your response.  DO NOT USE THE UPLOAD SITE IF YOUR
RESPONSE CONTAINS CONFIDENTIAL BUSINESS INFORMATION.  Please follow the
instructions below for submitting confidential business information.

If you prefer to submit your response by mail, and your response
contains no confidential business information, you may submit a computer
disk (or other electronic storage medium) or a paper copy of the
completed forms to the following address:

	        U.S. Mail:

Kim Teal

U.S. EPA Mailroom (E143-03)

United States Environmental Protection Agency

Office of Air Quality Planning and Standards

Research Triangle Park, NC  27711

	        Express Mail:

Kim Teal

U.S. EPA Mailroom (E143-03)

109 T.W. Alexander Drive

Research Triangle Park, NC  27709

You may email a completed electronic file that contains no confidential
business information to   HYPERLINK<EMAIL_ADDRESS><EMAIL_ADDRESS>.

Confidential Business Information.  DO NOT ELECTRONICALLY TRANSMIT
CONFIDENTIAL BUSINESS INFORMATION TO EPA.  If you believe that
disclosure of any specific information that you submit would reveal
confidential business information or a trade secret, you should clearly
identify such specific information.  Please do not label an entire
response "confidential" if only certain portions consist of confidential
business information or trade secrets.  If you are submitting
confidential business information, then this information must be mailed
to EPA on CD-ROM or DVD-ROM disk under separate cover to the attention
of Mr. Roberto Morales at the address below.  Clearly mark the disk
and/or the materials with the words “Confidential Business
Information” and send either via U.S. Postal Service Express Mail,
registered mail, or private courier to:

U.S. Environmental Protection Agency

Office of Air Quality Planning and Standards

U.S. EPA Mailroom (C404-02)

Attn:  Mr. Roberto Morales, Document Control Officer

109 T.W. Alexander Drive

Research Triangle Park, NC 27711

II.  Instructions for Completing the Forms

The questionnaire forms are separated into the following sections.

A.  Company and Facility Information

	A-1.  Parent Company Information

	A-2.  Facility Information

B.  Spray Booth Information

C.  Coatings Information

	C-1.  Coatings (English units)

	C-2.  Coatings (metric units)

D.  Chemical Milling and Metal Finishing Operations

E.  Cleaning Operations

	E-1.  Blast Depainting/Cleaning Operations

	E-2.  Solvent Depainting Operations

	E-3.  Solvent Cleaning Operations

F.  Composite Processing Operations

	F-1.  Composite Processing (English units)

	F-2.  Composite Processing (metric units)

G.  Storage Tanks

H.  Wastewater Treatment Operations

I.  Air Pollution Control Device Startup and Shutdown

J.  Control Devices

	J-1.  Electrostatic Precipitator

	J-2.  Scrubber

	J-3.  Mechanical Collector

	J-4.  Fabric Filter

	J-5.  Thermal Incinerator

	J-6.  Condenser

	J-7.  Carbon Adsorber

	J-8.  High Velocity Air Filter

	J-9.  Mist Eliminator

	J-10.  Other

K.  Air Pollution Control Device Cost

All fields in the forms that apply to your operations must be completed,
even if you enter “N/A.”

For the purposes of this information request, all HAP concentrations and
emissions are to be quantified.  Do not report concentrations of
emissions as “trace” or “minimal.”  If a concentration is at or
below the applicable method’s detection level, then provide
information about the method (title and source), the calculated
detection level in units of the applicable raw material or emissions
concentration or mass rate, and the procedure for determining the
detection level.

Throughout these forms, many of the cells for your data input have
drop-down lists for you to choose an appropriate response.  If the
specific choice that characterizes your situation is not included in the
list, please select “other” and provide a description of your
situation in the comments section.

Form A-1.  Parent Company Information

Complete this form to identify the parent company of this facility.
This information will allow EPA to distinguish small businesses in any
economic analysis that may be required.  Section I, Question 8 (size of
parent company) is an important factor that EPA will use to identify
small businesses.  Please note that the total of all full-time and
part-time employees should be reported.  This information is required
for the parent company, not just this facility, all facilities within
the parent company.

The Regulatory Flexibility Act (Public Law 96-354, September 19, 1980)
(RFA) requires consideration of the impacts of regulations on small
businesses.  The major purpose of the RFA is to keep regulatory
requirements from getting out of proportion to the scale of the
businesses being regulated, without compromising the objectives of, in
this case, the Clean Air Act (CAA).  If a regulation is likely to have a
significant economic impact on a substantial number of small businesses,
EPA may, to the extent allowed by the CAA, give special consideration to
those small businesses when analyzing regulatory alternatives and
drafting a regulation.  The Small Business Administration uses
employment ranges to separate businesses into "large" and "small"
categories.  The actual cutoff between large and small facilities is
dependent on the NAICS code of the establishments in question.

Form A-2.  Facility Information

Provide the information requested in this form for this specific
facility.

Section I

In Question 1, provide the actual address (not the mailing address) of
this facility.  You must also provide latitude and longitude coordinates
for the facility.  Latitude and longitude must be reported in decimal
degrees to six decimal places.

Question 2 asks you to indicate whether this facility manufactures or
reworks aerospace components or parts.  If you answer “No” to this
question, please provide an explanation in the Comments section of what
activities are carried out at this facility and why you should not be
considered an aerospace manufacturing or rework facility.  If you answer
“No” then you do not have to complete any other parts of this
information request other than Forms A-1 and A-2.

Note that Question 2 is NOT asking whether the facility is subject to
the aerospace NESHAP.  If your facility performs any activities for the
manufacture or rework aerospace components or parts, you should answer
“Yes” to this question and complete the rest of the information
request.

Question 3 - Enter all applicable North American Industrial
Classification Codes (NAICS) that apply to the aerospace activities at
this facility.  NAICS codes may be found at   HYPERLINK
"http://www.census.gov/eos/www/naics/"
http://www.census.gov/eos/www/naics/ .  Do not enter Standard Industrial
Classification (SIC) codes.

Question 5 – Answer “Yes” or “No” whether this facility
manufactures or reworks aerospace components or parts for each of the
listed market segments.

Question 6 – Enter the typical operating schedule for this facility
for the reporting year (2008).  You may provide estimates if you do not
track the hours/day and days/year the facility is in operation.

Section II

Provide the name and contact information for the technical contact for
your response to this information request.  The technical contact should
be able to answer inquires from EPA concerning any information provided
in your response.

Section III

Question 1 – Identify whether this facility is a major source of HAP
emissions.  Section 112(a)(1) of the CAA defines a major source “as
any stationary source or group of stationary sources located within a
contiguous area and under common control that emits or has the potential
to emit considering controls, in the aggregate,10 tons per year or more
of any hazardous air pollutant or 25 tons per year or more of any
combination of hazardous air pollutants.”

Question 2 – If you answer “No” to Question 1 of this section,
specify whether the facility has a federally enforceable permit
limitation to limit HAP emissions to less than the major source
thresholds and, if so, identify any such limits.

Questions 3 and 4 – identify any non-aerospace products manufactured
at this facility.

Question 5 – As part of this project, EPA may conduct air dispersion
modeling of the emissions from facilities that respond to this
information request.  This modeling requires the input of the maximum
hourly emissions from each emission point.  However, we realize there
are typically a large number of emission points at aerospace
manufacturing and rework facilities, and determining the maximum hourly
emissions from each and every emission point could be difficult and
burdensome.  Rather than asking for maximum hourly emissions for each
emission point, we are instead requesting that you provide a single
multiplier that we can use to scale up average hourly emissions (annual
emissions divided by 8,760 hours/year) to maximum hourly emissions.  We
understand that a single multiplier may not be applicable to all
operations at your facility.  Please provide your best estimate of a
multiplier that, overall, provides a general indication of the maximum
hourly emissions for your facility.  Based on the results of the air
dispersion modeling, we may at a later time ask you to provide more
specific information.

We will determine average hourly emissions from the data you provide in
your response to this information request.  Therefore, you must provide
a response to this question, even if the multiplier you provide is 1.
You must also provide a description of how you determined the multiplier
in the comments section of this form.

Form B-1.  Spray Booth Information

This form has space for entering data for 10 spray booths.  If you are
providing data for more than 10 spray booths, please add additional
columns as necessary.

Section I

Question 1 – Enter a unique identification number of your choosing for
each spray booth.

Question 2 – Choose one of the booth types from the drop-down list.

Question 3 – Enter the latitude and longitude coordinates for the
location of this booth.  The coordinates must be in decimal degrees to
at least 6 decimal places.

Question 4 – Enter the overall dimensions in feet of the building in
which the booth is located (not the dimensions of the booth itself).

Question 5 – From the drop-down list, select “Cross Draft” if the
airflow exits from the side of the booth, or “Down Draft” if the
airflow exits from the bottom of the booth.

Question 6 – For the reporting year, enter the average number of hours
per day this booth is in operation.

Section II

Question 1 – From the drop-down list, select the type of particulate
filter system used for this booth.

Question 2-3 – Enter the particulate control efficiency for the
particulate filters, and indicate how that efficiency was determined.
The control efficiency should correspond to the coating operations
typically carried out in this booth.  For example, if a booth is
typically used to apply primer to small parts using HVLP spray guns,
then report the control efficiency that you believe best represents the
control efficiency achieved for the overspray generated by this coating
operation.  You are not required to perform testing to determine the
control efficiency.  Use your best judgment based on the information
available to you.

Section III

Question 1 – Enter the latitude and longitude coordinates for the
location of the exhaust stack for this booth.  The coordinates must be
in decimal degrees to at least 6 decimal places.

Questions 2-5 – Enter the diameter and height of the exhaust stack in
feet, temperature of the exhaust stream in degrees Fahrenheit, and the
flow rate of the exhaust stream in actual cubic feet per minute.

Section IV

Complete this section if this spray booth is vented to a control device
that reduces the amount of organic emissions.

Question 1 – Enter a unique identification number of your choosing for
this control device.  You must also complete a Form J for this control
device and the identification number entered here must match the
identification number entered in Form J.

Question 2 – Choose the appropriate control device type from the
drop-down list.

Question 3-4 – Enter the capture efficiency for the organic emissions,
and indicate how that efficiency was determined.

Form C-1 and C-2.  Coatings

Use Form C-1 if you are reporting coating information in English units,
or use Form C-2 if you are reporting coating information in metric
units.  DO NOT complete both Form C-1 and Form C-2.

This form has space for entering data for 20 coatings.  If you are
providing data for more than 20 coatings, please add additional columns
as necessary.  You may group similar coatings together and report them
as a single coating, but the information you provide must be
representative of all the coatings in the group.

Section I

Question 1 – Enter a unique identification number of your choosing for
each coating.

Question 4 – Enter whether this coating is regulated under the
aerospace NESHAP.

Question 5 – If you entered “Yes” for Question 4 of this section,
select the coating type from the drop-down list.  The coatings in the
drop-down list are the only ones regulated under the aerospace NESHAP,
so you must choose one of these coating types if you entered “Yes”
for Question 4.

Question 6 – If you entered “No” for question 4 of this section,
then the coating is a specialty coating.  Choose the appropriate
specialty coating type from the drop-down list.  If you select
“other,” you must provide a coating type in the comments section.

Section II

Some of the information requested in this section, such as specific HAP
content, may be proprietary or undisclosed by the manufacturer.  You are
not required to perform testing to obtain the information to complete
this form.  Use readily available information from the manufacturer or
supplier such as material safety data sheets or product data sheets.
You may also consider contacting the manufacturer or supplier to
determine if they can supply the requested information.  If you are
unable to obtain the requested information or believe that a coating may
have HAP constituents that are not disclosed, you may make a note of
this in the comments section.

Question 1 – Enter the total volume of this coating that your facility
used for all coating operations (e.g., all spray booths) for the
reporting year.

Question 2 – Enter the requested physical property data for this
coating.  This information must be provided for the coating in its
as-applied condition.  Thus, multipart coatings and coatings that you
modify prior to application should be reported as-applied.

Question 3 – Enter the name of each HAP (organic and inorganic)
contained in this coating, the Chemical Abstracts Service (CAS) Number
for the HAP, and the mass fraction of the HAP in the as-applied coating.
 If you do not know the CAS Number, it is often provided on the material
safety data sheet for the coating.  You may also find CAS Numbers at
HYPERLINK
"http://iaspub.epa.gov/sor_internet/registry/substreg/home/overview/home
.do"
http://iaspub.epa.gov/sor_internet/registry/substreg/home/overview/home.
do .  There are also various other Internet sources that provide CAS
Numbers.

To avoid double counting, do not report the same HAP emissions under
different CAS numbers or as different compounds.  For example, do not
report both “total chromium” and “hexavalent chromium” for a
single chromium compound contained in a coating.  The correct reporting
method, particularly for chromium compounds, glycol ethers, and
polycyclic organic matter, is to report the specific compound (e.g.,
strontium chromate, ethylene glycol dibutyl ether) rather than the
general class of HAP (e.g., chromium compounds, glycol ethers).

This form has space for entering data for 5 HAP components of the
coating.  If this coating has more than 5 HAP components, please add
rows as necessary.

Section III

For each spray booth in which this coating was applied during the
reporting year, enter the booth identification number (must match the
identification number provided on Form B-1), and the percent of the
total usage of that coating applied in this booth.  The sum of the
percent usage by booth should equal 100 percent for each coating.  If a
portion of the coating was not applied in a spray booth, then the sum of
the percent usage by booth will be less than 100 percent.  In this case,
provide details in the comments section of the non-spray booth areas
where the coating was used including the latitude and longitude
coordinates, and volume of coating used in these areas. If your facility
does not maintain adequate records of the volume of coatings used by
spray booth, provide an engineering estimate and note this in the
comments section.

If a portion of a coating is applied outside of a spray booth, report
this under “Application of Coating Outside of a Spray Booth.”
Select whether the coating is spray applied or other than spray applied,
and enter the percent of the total usage applied outside of a booth.

This form has space for entering coating usage for 10 spray booths.  If
this coating was applied in more than 10 spray booths, please add rows
as necessary.

Form D-1.  Chemical Milling and Metal Finishing Operations

Use this form to report HAP usage and emissions from chemical milling
and metal finishing operations.  Examples of metal finishing operations
include electrolytic nickel plating, anodizing, passivation, and
phosphating.  Report the requested information for each process tank/vat
that contains HAP in the chemical milling and metal finishing
operations.

This form has space for entering data for 10 tanks.  If you are
providing data for more than 10 tanks, please add additional columns as
necessary.

Section I

Question 1 – Enter a unique identification number of your choosing for
each tank.

Question 2 – Enter the latitude and longitude coordinates for the
location of this tank.  The coordinates must be in decimal degrees to at
least 6 decimal places.

Question 3 – Enter the overall dimensions in feet of the building in
which the tank is located (not the dimensions of the tank itself).

Question 4 – Enter a brief description of the purpose of this tank in
the chemical milling or metal finishing process (e.g., cleaning prior to
electroplating, electroplating of nickel).

Question 5 - For the reporting year, enter the average number of hours
per day and days per year this tank is in operation.

Section II

Question 1 – Enter the name of each HAP (organic and inorganic)
contained in this tank, the Chemical Abstracts Service (CAS) Number for
the HAP, and the annual emissions of the HAP from this tank.  If you do
not know the CAS Number, it is often provided on the material safety
data sheet for the material in the tank.  You may also find CAS Numbers
at   HYPERLINK
"http://iaspub.epa.gov/sor_internet/registry/substreg/home/overview/home
.do"
http://iaspub.epa.gov/sor_internet/registry/substreg/home/overview/home.
do .  There are also various other Internet sources that provide CAS
Numbers.

To avoid double counting, do not report the same HAP emissions under
different CAS Numbers or as different compounds.  For example, do not
report both “total chromium” and “hexavalent chromium” for a
single chromium compound.  The correct reporting method, particularly
for chromium compounds, glycol ethers, and polycyclic organic matter, is
to report the specific compound (e.g., strontium chromate, ethylene
glycol dibutyl ether) rather than the general class of HAP (e.g.,
chromium compounds, glycol ethers).

This form has space for entering data for 5 HAPs.  If the material in
the tank has more than 5 HAP components, please add rows as necessary.

Question 2 – If a control device is used to reduce the emissions of
HAP from this tank, enter a unique identification number of your
choosing for this control device.  You must also complete a Form J for
this control device and the identification number entered here must
match the identification number entered in the Form J.

Question 3 – Choose the appropriate control device type from the
drop-down list.

Question 4-5 – Enter the capture efficiency for the organic emissions
and indicate how that efficiency was determined.

Section III

Describe any work practices that you use to reduce the emissions of HAP
from this tank.

Form E-1.  Blast Depainting/Cleaning Operations

Use this form to report HAP emissions from depainting and cleaning
operations that use blasting methods such as sand blasting, plastic bead
blasting, carbon dioxide blasting, sodium bicarbonate blasting, etc.

This form has space for entering data for 3 blasting operations.  If you
are providing data for more than 3 blasting operations, please add
additional columns as necessary.

Section I

Question 1 – Enter a unique identification number of your choosing for
each blasting operation.

Question 2 – Enter the latitude and longitude coordinates for the
location of this blasting operation.  The coordinates must be in decimal
degrees to at least 6 decimal places.

Question 3 – Identify where the blasting operation actually takes
place.  For example, the blasting operation could be located outside, in
a partially enclosed booth or hanger, in a fully enclosed booth, etc.

Question 4 – Specifically identify the blasting material used.  Be as
specific as possible.  For example, instead of reporting steel shot,
report specifics about shape and size such as round steel balls, 40-50
mesh.

Question 5 – Enter the overall dimensions in feet of the building in
which the blasting operation is located.

Question 6 – Enter a brief description of the purpose of this blasting
operation (e.g., rework operation to remove paint; cleaning to remove
oil and grease from parts).

Question 7 - For the reporting year, enter the average number of hours
per day and days per year this blasting operation is in operation.

Section II

Question 1 – Enter the name of each HAP (organic and inorganic)
emitted by this blasting operation, the Chemical Abstracts Service (CAS)
Number for the HAP, and the annual emissions of the HAP from this
blasting operation.  If you do not know the CAS Number, it is often
provided on material safety data sheets.  You may also find CAS Numbers
at   HYPERLINK
"http://iaspub.epa.gov/sor_internet/registry/substreg/home/overview/home
.do"
http://iaspub.epa.gov/sor_internet/registry/substreg/home/overview/home.
do .  There are also various other Internet sources that provide CAS
Numbers.

To avoid double counting, do not report the same HAP emissions under
different CAS Numbers or as different compounds.  For example, do not
report both “total chromium” and “hexavalent chromium” for a
single chromium compound.  The correct reporting method, particularly
for chromium compounds, glycol ethers, and polycyclic organic matter, is
to report the specific compound (e.g., strontium chromate, ethylene
glycol dibutyl ether) rather than the general class of HAP (e.g.,
chromium compounds, glycol ethers).

This form has space for entering data for 5 HAPs.  If this blasting
operation emits more than 5 HAPs, please add rows as necessary.

Question 2 – If a control device is used to reduce the emissions of
HAP from this blasting operation, enter a unique identification number
of your choosing for this control device.  You must also complete a Form
J for this control device and the identification number entered here
must match the identification number entered in the Form J.

Question 3 – Choose the appropriate control device type from the
drop-down list.

Question 4-5 – Enter the capture efficiency for the HAP emissions, and
indicate how that efficiency was determined.

Section III

Describe any work practices that you use to reduce the emissions of HAP
from this blasting operation.

Form E-2.  Solvent Depainting Operations

Use this form to report HAP emissions from depainting operations that
use solvent materials (liquid materials as opposed to blasting
operations reported on Form E-1) to remove paint from aerospace
components.

This form has space for entering data for 3 depainting operations.  If
you are providing data for more than 3 depainting operations, please add
additional columns as necessary.

Section I

Question 1 – Enter a unique identification number of your choosing for
each depainting operation.

Question 2 – Enter the latitude and longitude coordinates for the
location of this depainting operation.  The coordinates must be in
decimal degrees to at least 6 decimal places.

Question 3 – Enter the overall dimensions in feet of the building in
which the depainting operation is located.

Question 4 – Enter a brief description of the purpose of this
depainting operation (e.g., remove paint from landing gear components,
depainting of aircraft exterior).

Question 5 - For the reporting year, enter the average number of hours
per day and days per year this depainting operation is in operation.

Section II

Question 1 – Enter the name of each HAP (organic and inorganic)
emitted by this depainting operation, the Chemical Abstracts Service
(CAS) Number for the HAP, and the annual emissions of the HAP from this
depainting operation.  If you do not know the CAS Number, it is often
provided on material safety data sheets.  You may also find CAS Numbers
at   HYPERLINK
"http://iaspub.epa.gov/sor_internet/registry/substreg/home/overview/home
.do"
http://iaspub.epa.gov/sor_internet/registry/substreg/home/overview/home.
do .  There are also various other Internet sources that provide CAS
Numbers.

To avoid double counting, do not report the same HAP emissions under
different CAS Numbers or as different compounds.  For example, do not
report both “total chromium” and “hexavalent chromium” for a
single chromium compound.  The correct reporting method, particularly
for chromium compounds, glycol ethers, and polycyclic organic matter, is
to report the specific compound (e.g., strontium chromate, ethylene
glycol dibutyl ether) rather than the general class of HAP (e.g.,
chromium compounds, glycol ethers).

This form has space for entering data for 5 HAPs.  If this depainting
operation emits more than 5 HAPs, please add rows as necessary.

Question 2 – If a control device is used to reduce the emissions of
HAP from this depainting operation, enter a unique identification number
of your choosing for this control device.  You must also complete a Form
J for this control device and the identification number entered here
must match the identification number entered in the Form J.

Question 3 – Choose the appropriate control device type from the
drop-down list.

Question 4-5 – Enter the capture efficiency for the HAP emissions, and
indicate how that efficiency was determined.

Section III

Describe any work practices that you use to reduce the emissions of HAP
from this depainting operation.

Form E-3.  Solvent Cleaning Operations

Use this form to report HAP emissions from solvent cleaning operations
such as hand-wipe cleaning of aerospace components, cleaning of spray
guns, and cleaning of spray booths.

Do not report cleaning operations subject to the Halogenated Solvent
Cleaning NESHAP (40 CFR part 63, subpart T) on this form.  Use Form E-4
for those operations.

This form is divided into two parts:  Part A for reporting cleaning
operations that are conducted within an enclosure and the enclosure is
vented through a stack (point source) outside of the building; and Part
B for reporting cleaning operations that are not conducted with an
enclosure (fugitive emission sources).

In Part A, please complete the requested information for each individual
cleaning operation (i.e., each enclosure in which solvent cleaning
occurs).

In Part B, please combine all of the fugitive solvent cleaning
operations in a single entry for each building in which fugitive solvent
cleaning occurs.  That is, for fugitive solvent cleaning operations, you
do not have to identify each individual cleaning operation.  Simply
combine all of the fugitive solvent cleaning emissions for each building
and report the requested information for that building.

This form has space for entering data for 3 cleaning operations (or
buildings for fugitive solvent cleaning).  If you are providing data for
more than 3 cleaning operations (or buildings), please add additional
columns as necessary.

Part A

Section I

Question 1 – Enter a unique identification number of your choosing for
each cleaning operation.

Question 2 – Enter the latitude and longitude coordinates for the
location of this cleaning operation.  The coordinates must be in decimal
degrees to at least 6 decimal places.

Questions 3-6 – Enter the diameter and height of the exhaust stack in
feet, temperature of the exhaust stream in degrees Fahrenheit, and the
flow rate of the exhaust stream in actual cubic feet per minute.

Question 7 – Enter the overall dimensions in feet of the building in
which the cleaning operation is located.

Question 8 – Enter a brief description of the purpose of this cleaning
operation (e.g., cleaning of aerospace components after machining;
cleaning to remove protective oils).

Question 9 - For the reporting year, enter the average number of hours
per day and days per year this cleaning operation is in operation.

Section II

Question 1 – Enter the name of each HAP (organic and inorganic)
emitted by this cleaning operation, the Chemical Abstracts Service (CAS)
Number for the HAP, and the annual emissions of the HAP from this
cleaning operation.  If you do not know the CAS Number, it is often
provided on material safety data sheets.  You may also find CAS Numbers
at   HYPERLINK
"http://iaspub.epa.gov/sor_internet/registry/substreg/home/overview/home
.do"
http://iaspub.epa.gov/sor_internet/registry/substreg/home/overview/home.
do .  There are also various other Internet sources that provide CAS
Numbers.

To avoid double counting, do not report the same HAP emissions under
different CAS Numbers or as different compounds.  For example, do not
report both “total chromium” and “hexavalent chromium” for a
single chromium compound.  The correct reporting method, particularly
for chromium compounds, glycol ethers, and polycyclic organic matter, is
to report the specific compound (e.g., strontium chromate, ethylene
glycol dibutyl ether) rather than the general class of HAP (e.g.,
chromium compounds, glycol ethers).

This form has space for entering data for 5 HAPs.  If this cleaning
operation emits more than 5 HAPs, please add rows as necessary.

Question 2 – If a control device is used to reduce the emissions of
HAP from this cleaning operation, enter a unique identification number
of your choosing for this control device.  You must also complete a Form
J for this control device and the identification number entered here
must match the identification number entered in the Form J.

Question 3 – Choose the appropriate control device type from the
drop-down list.

Question 4-5 – Enter the capture efficiency for the HAP emissions, and
indicate how that efficiency was determined.

Section III

Describe any work practices that you use to reduce the emissions of HAP
from this cleaning operation.

Part B

Section I

Question 1 – Enter a unique identification number of your choosing for
each building in which solvent cleaning operations that are not vented
outside the building occur.

Question 2 – Enter the latitude and longitude coordinates for the
center of this building.  The coordinates must be in decimal degrees to
at least 6 decimal places.

Question 3 – Enter the overall dimensions in feet of the building in
which the cleaning operations are located.

Question 4 – Enter a brief description of the purpose of the cleaning
operations (e.g., cleaning of aerospace components after machining;
cleaning to remove protective oils).

Question 5 - For the reporting year, enter the average number of hours
per day and days per year these cleaning operations are in operation.

Section II

Question 1 – Enter the name of each HAP (organic and inorganic)
emitted by these cleaning operations, the Chemical Abstracts Service
(CAS) Number for the HAP, and the annual emissions of the HAP from these
cleaning operations.  If you do not know the CAS Number, it is often
provided on material safety data sheets.  You may also find CAS Numbers
at   HYPERLINK
"http://iaspub.epa.gov/sor_internet/registry/substreg/home/overview/home
.do"
http://iaspub.epa.gov/sor_internet/registry/substreg/home/overview/home.
do .  There are also various other Internet sources that provide CAS
Numbers.

To avoid double counting, do not report the same HAP emissions under
different CAS Numbers or as different compounds.  For example, do not
report both “total chromium” and “hexavalent chromium” for a
single chromium compound.  The correct reporting method, particularly
for chromium compounds, glycol ethers, and polycyclic organic matter, is
to report the specific compound (e.g., strontium chromate, ethylene
glycol dibutyl ether) rather than the general class of HAP (e.g.,
chromium compounds, glycol ethers).

This form has space for entering data for 5 HAPs.  If the cleaning
operations in this building emit more than 5 HAPs, please add rows as
necessary.

Section III

Describe any work practices that you use to reduce the emissions of HAP
from this cleaning operation.

Form E-4.  Halogenated Solvent Cleaning Operations

The EPA is requesting that you provide the information requested in Form
E-4 for all cleaning operations at your facility that are subject to the
Halogenated Solvent Cleaning NESHAP (40 CFR part 63, subpart T).  Even
though halogenated solvent cleaning operations are not subject to the
aerospace NESHAP, the EPA is concerned that some aerospace facilities
may have mistakenly reported emissions from these operations as
emissions from operations subject to the aerospace NESHAP in past
reporting to State or local agencies.  The EPA is currently evaluating
the residual risk from aerospace operations and halogenated solvent
cleaning operations.  In order to estimate the residual risk accurately
from each of these categories, the EPA is attempting to first develop
accurate emissions estimates.  Your efforts to properly report
halogenated solvent cleaning operations on Form E-4 and not on Form E-3
will play an important role in the EPA’s development of emissions
estimates for these two categories.

In order to assist you in determining which cleaning operations should
be reported on Form E-4, the following description is reproduced from §
63.460(a) identifying the sources subject to subpart T:

each individual batch vapor, in-line vapor, in-line cold, and batch cold
solvent cleaning machine that uses any solvent containing methylene
chloride (CAS No. 75–09–2), perchloroethylene (CAS No.
127–18–4), trichloroethylene (CAS No. 79–01–6),
1,1,1-trichloroethane (CAS No. 71–55–6), carbon tetrachloride (CAS
No. 56–23–5) or chloroform (CAS No. 67–66–3), or any combination
of these halogenated HAP solvents, in a total concentration greater than
5 percent by weight, as a cleaning and/or drying agent. The
concentration of these solvents may be determined using EPA test method
18, material safety data sheets, or engineering calculations. Wipe
cleaning activities, such as using a rag containing halogenated solvent
or a spray cleaner containing halogenated solvent are not covered under
the provisions of this subpart.

NOTE:  Not all cleaning operations that use methylene chloride,
perchloroethylene, trichloroethylene, 1,1,1-trichloroethane, carbon
tetrachloride, or chloroform are subject to subpart T.  Before reporting
a cleaning operation on this form, make sure that the cleaning operation
uses one or more of these halogenated solvents AND that the solvent is
used in a batch vapor, in-line vapor, in-line cold, or batch cold
solvent cleaning machine as these machines are defined in subpart T.

This form has space for entering data for 3 cleaning operations.  If you
are providing data for more than 3 cleaning operations, please add
additional columns as necessary.

Section I

Question 1 – Enter a unique identification number of your choosing for
each cleaning operation.

Question 2 – Enter the latitude and longitude coordinates for the
location of this cleaning operation.  The coordinates must be in decimal
degrees to at least 6 decimal places.

Question 3 – Enter the overall dimensions in feet of the building in
which the cleaning operation is located.

Question 4 – Enter a brief description of the purpose of this cleaning
operation (e.g., cleaning of aerospace components after machining;
cleaning to remove protective oils).

Question 5 - For the reporting year, enter the average number of hours
per day and days per year this cleaning operation is in operation.

Section II

Question 1 – For each halogenated solvent listed, enter the annual
emissions of the HAP from this cleaning operation.

This form includes all six of the halogenated solvents covered under
subpart T.  Enter a value of zero for halogenated solvents not used in
this cleaning operation.

Question 2 – If a control device is used to reduce the emissions of
HAP from this cleaning operation, enter a unique identification number
of your choosing for this control device.  You must also complete a Form
J for this control device and the identification number entered here
must match the identification number entered in the Form J.

Question 3 – Choose the appropriate control device type from the
drop-down list.

Question 4-5 – Enter the capture efficiency for the HAP emissions, and
indicate how that efficiency was determined.

Section III

Describe any work practices that you use to reduce the emissions of HAP
from this cleaning operation.

Forms F-1 and F-2.  Composite Processing Operations

Use Form F-1 if you are reporting resin information in English units, or
use Form F-2 if you are reporting resin information in metric units.  DO
NOT complete both Form F-1 and Form F-2.

Use Forms F-1 and F-2 to report only those operations where the resin is
applied at your facility to a substrate material such as a fabric.  Do
not report operations that involve a substrate material that is
impregnated with resin when it is received at your facility.

This form has space for entering data for 10 resins used in composite
processing operations.  If you are providing data for more than 10
resins, please add additional columns as necessary.

Section I

Question 1 – Enter a unique identification number of your choosing for
each resin.

Question 2 – Enter the name of the manufacturer of this resin

Question 3 – Enter the manufacturer’s name or designation for this
resin.

Section II

Question 1 – Enter the total volume of this resin that your facility
used for all composite processing operations for the reporting year.

Question 2 – Enter the requested physical property data for this
resin.  This information must be provided for the resin in its
as-applied condition.

Question 3 – Enter the name of each HAP (organic and inorganic)
contained in this resin, the Chemical Abstracts Service (CAS) Number for
the HAP, and the mass fraction of the HAP in the as-applied resin.  If
you do not know the CAS Number, it is often provided on the material
safety data sheet for the resin.  You may also find CAS Numbers at
HYPERLINK
"http://iaspub.epa.gov/sor_internet/registry/substreg/home/overview/home
.do"
http://iaspub.epa.gov/sor_internet/registry/substreg/home/overview/home.
do .  There are also various other Internet sources that provide CAS
Numbers.

To avoid double counting, do not report the same HAP emissions under
different CAS Numbers or as different compounds.  For example, do not
report both “total chromium” and “hexavalent chromium” for a
single chromium compound.  The correct reporting method, particularly
for chromium compounds, glycol ethers, and polycyclic organic matter, is
to report the specific compound (e.g., strontium chromate, ethylene
glycol dibutyl ether) rather than the general class of HAP (e.g.,
chromium compounds, glycol ethers).

This form has space for entering data for 5 HAP components of the resin.
 If this resin has more than 5 HAP components, please add rows as
necessary.

Question 4 – Enter the estimated percent of the organic HAP content
that is emitted from this resin.  Resins used for composite operations
may contain HAP that is consumed in the curing reaction of the resin.
Use this space to specify the amount of organic HAP that you believe may
be emitted from this resin.  You are not required to perform testing to
determine this value.  Use engineering judgment or information provided
by the manufacturer or supplier of the resin, and provide a copy of this
information with your completed survey response.

Section III

For each spray booth in which this resin was applied during the
reporting year, enter the booth identification number (must match the
identification number provided on Form B-1), and the percent of the
total usage of that resin applied in this booth.  The sum of the percent
usage by booth must equal 100 percent for each resin.  If a portion of
the resin was not applied in a spray booth, then the sum of the percent
usage by booth will be less than 100 percent.  In this case, provide
details in the comments section of the non-spray booth areas where the
resin was used including the latitude and longitude coordinates, and
volume of resin used in these areas.   If your facility does not
maintain adequate records of the volume of resins used by spray booth,
provide an engineering estimate and note this in the comments section.

This form has space for entering resin usage for 3 spray booths.  If
this resin was applied in more than 3 spray booths, please add rows as
necessary.

Section IV

Question 1 – If a control device is used to reduce the emissions of
HAP from this composite processing operation, enter a unique
identification number of your choosing for this control device.  You
must also complete a Form J for this control device and the
identification number entered here must match the identification number
entered in the Form J.

Question 2 – Choose the appropriate control device type from the
drop-down list.

Question 3-4 – Enter the capture efficiency for the HAP emissions, and
indicate how that efficiency was determined.

Form G-1.  Storage Tanks

Use this form to report HAP emissions from storage tanks used to store
materials used in aerospace manufacturing and rework operations (e.g.,
solvents used for cleaning or for thinning coatings, depainting
materials, waste treatment chemicals).  Tanks and mixing vessels in
centralized paint mixing and distribution rooms are considered storage
tanks for the purposes of this form.

Do not complete this form for the following:  1) storage tanks that did
not contain HAP during the reporting year; 2) storage tanks that contain
fuel for engines, boilers, or other combustion devices; 3) storage tanks
that operate at greater than atmospheric pressure; 4) storage tanks that
contain HAP only as impurities; 5) vessels used to transport materials
to the facility (e.g., 55 gallon drums of solvent as received from the
supplier); 6) tanks used to store or process wastewater (see Form H-1),
and tanks that are regulated under a NESHAP other than the Aerospace
Manufacturing and Rework NESHAP.

Section I

Question 1 – Enter a unique identification number of your choosing for
each tank.

Question 2 – Enter the type of tanks (e.g., fixed roof, internal
floating roof, external floating roof, etc.).

Question 3 – Enter the latitude and longitude coordinates for the
location of this tank.  The coordinates must be in decimal degrees to at
least 6 decimal places.

Question 4 – Enter the diameter and height of the tank.

Question 5 – Specifically identify the liquid stored in the tank.  Do
not enter a generic term such as “solvent.”  Rather, enter the
specific name of the stored liquid, such as “VM&P Naphtha.”  You may
enter the trade name of the stored liquid.

Question 6 – If this storage tank is located indoors, enter the
overall dimensions in feet of the building in which the tank is located.

Section II

Question 1 – Enter the annual throughput of the tank in gallons.  If
specific records are not available, you may estimate this value using
purchase records, production records, or engineering estimates.

Question 2 – Enter each HAP component stored in the tank, the mass
fraction of each HAP in the stored liquid, annual emissions of the HAP
(not of the entire liquid, unless the liquid consists only of this HAP),
and the method used to estimate the emissions.

You may use EPA’s TANKS Emissions Estimation Software to calculate
emissions from each tank.  The TANKS software is available at
HYPERLINK "http://www.epa.gov/ttn/chief/software/tanks/index.html"
http://www.epa.gov/ttn/chief/software/tanks/index.html .  If you use
TANKS to estimate emissions, you must provide all of the input values
you used, as well as the model outputs.

This form has space for entering data for 5 HAP components of the stored
liquid.  If the stored liquid has more than 5 HAP components, please add
rows as necessary.

Question 3 – If a control device is used to reduce the emissions of
HAP from this tank, enter a unique identification number of your
choosing for this control device.  You must also complete a Form J for
this control device and the identification number entered here must
match the identification number entered in the Form J.

Question 4 – Choose the appropriate control device type from the
drop-down list.

Question 5-6 – Enter the capture efficiency for the HAP emissions, and
indicate how that efficiency was determined.

Section III

Describe any work practices that you use to reduce the emissions of HAP
from each storage tank.

Form H-1.  Wastewater Treatment Operations

Use this form to report wastewater treatment operations for treating
wastewater generated by aerospace manufacturing and rework operations.
You only need to report those wastewater treatment operations that
either treat HAP-containing wastewater or that use HAP-containing
materials to treat wastewater.  Do not report those operations that
treat only wastewater from non-aerospace operations.

This form has space for entering data for 10 wastewater treatment tanks
or operations.  If you are providing data for more than 10 tanks or
operations, please add additional columns as necessary.

Section I

Question 1 – Enter a unique identification number of your choosing for
each wastewater processing tank or operation.

Question 2 – Enter the latitude and longitude coordinates for the
location of this tank or operation.  The coordinates must be in decimal
degrees to at least 6 decimal places.

Question 3 – Enter the overall dimensions in feet of the building in
which the tank or operation is located.

Question 4 – Describe the purpose of this tank or operation (e.g.,
adjust pH of wastewater prior to discharge; removal of heavy metals by
precipitation).

Question 5 – For the reporting year, enter the average number of hours
per day and days per year this tank or operation is in operation.

Section II

Question 1 – For each HAP (organic and inorganic) in the wastewater or
used in the treatment of the wastewater, enter the name of the HAP, the
Chemical Abstracts Service (CAS) Number of the HAP, the annual emissions
in pounds/year, and whether the emissions are emitted through a stack or
are fugitive emissions.

If you do not know the CAS Number, it is often provided on material
safety data sheets.  You may also find CAS Numbers at   HYPERLINK
"http://iaspub.epa.gov/sor_internet/registry/substreg/home/overview/home
.do"
http://iaspub.epa.gov/sor_internet/registry/substreg/home/overview/home.
do .  There are also various other Internet sources that provide CAS
Numbers.

To avoid double counting, do not report the same HAP emissions under
different CAS Numbers or as different compounds.  For example, do not
report both “total chromium” and “hexavalent chromium” for a
single chromium compound.  The correct reporting method, particularly
for chromium compounds, glycol ethers, and polycyclic organic matter, is
to report the specific compound (e.g., strontium chromate, ethylene
glycol dibutyl ether) rather than the general class of HAP (e.g.,
chromium compounds, glycol ethers).

This form has space for entering data for 5 HAPs.  If this tank or
operation processes or uses more than 5 HAPs, please add rows as
necessary.

Question 2 – If a control device is used to reduce the emissions of
HAP from this tank or operation, enter a unique identification number of
your choosing for this control device.  You must also complete a Form J
for this control device and the identification number entered here must
match the identification number entered in the Form J.

Question 3 – Choose the appropriate control device type from the
drop-down list.

Question 4-5 – Enter the capture efficiency for the HAP emissions, and
indicate how that efficiency was determined.

Section III

Describe any work practices that you use to reduce the emissions of HAP
from each tank or operation.

Form I-1.  Startups and Shutdowns

This form is used to report startup and shutdown events that resulted in
excess HAP emissions AND that caused a NESHAP emission limit to be
exceeded or caused a deviation of any requirement of the NESHAP.  Each
aerospace manufacturing and rework operation that emits HAP and each
add-on control device used to reduce the emissions of HAP from aerospace
manufacturing and rework operations is subject to reporting on this
form.

For the purposes of this form, particulate filters and waterwash systems
used to capture overspray in paint spray booths are considered to be
add-on control devices.

The following examples are provided as guidance for which startup and
shutdown events must be reported:

Example 1:  A facility has several spray booths in which aerospace
primers and topcoats are applied.  The ventilation fans on each spray
booth are shut off when the booth is not being used and turned on again
when parts are ready to be coated.  No coating is applied when the fans
are not operating.  Even though each time the fans are turned on and off
is a startup or shutdown event, Form I-1 does not need to be completed.
Because no coatings are applied when the fan is not operating, emission
limits would not be exceeded during the startup and shutdown events.

Example 2:  A facility uses a thermal oxidizer to meet the 81 percent
organic HAP emission reduction requirement of 40 CFR 63.745(d) for
aerospace primer and topcoat operations.  The thermal oxidizer has been
shut down for maintenance.  Following the repairs, the thermal oxidizer
is restarted from a cold start, and the facility immediately starts to
apply primers and topcoats.  The emissions while the thermal oxidizer
was not at the operating temperature resulted in an exceedence of the 81
percent emission reduction requirement.  This event must be reported on
Form I-1.

Example 3:  A facility applies primers containing hexavalent chromium to
aerospace parts in a spray booth.  One operator turns off the
ventilation fan for the spray booth, but another operator is still in
the booth applying the primer.  This shutdown event must be reported on
Form I-1.

Provide the requested information if it is readily available.  You are
not required to perform additional testing or data gathering for these
events in order to complete this form.

Form J-1 to J-10.  Air Pollution Control Devices

Complete the appropriate form for each air pollution control device that
you use to reduce HAP emissions from aerospace manufacturing and rework
operations.  You are not required to complete these forms for
particulate filters and waterwash systems used to capture overspray in
paint spray booths.  Spray booth particulate filter information is
reported on Form B-1, Section II, Particulate Filters.

Concerning mechanical collectors and fabric filters reported on Forms
J-3 and J-4, if these devices are vented within a building, leave the
latitude and longitude entries blank and note in the comments section
that the device is vented within a building.  Include an identification
of the building in the comment.

Provide the requested information on these forms if it is readily
available.  You are not required to perform any additional testing in
order to complete these forms.

Form K-1.  Air Pollution Control Device Costs

Complete this form as completely as possible using readily available
information for each air pollution control device for which you
completed a Form J.

	  PAGE   \* MERGEFORMAT  1


[Federal Register Volume 87, Number 169 (Thursday, September 1, 2022)]
[Notices]
[Pages 53760-53761]
[FR Doc No: 2022-18931]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID: FEMA-2022-0026; OMB No. 1660-0023]

Agency Information Collection Activities: Proposed Collection;
Comment Request; Community Assistance Contact (CAC) and Community
Assistance Visits (CAV) Reports

AGENCY: Federal Emergency Management Agency, Department of Homeland
Security.

ACTION: 60-Day notice of revision and request for comments.

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

SUMMARY: The Federal Emergency Management Agency (FEMA), as part of its
continuing effort to reduce paperwork and respondent burden, invites
the general public to take this opportunity to comment on a revision of
a currently approved information collection. In accordance with the
Paperwork Reduction Act of 1995, this notice seeks comments concerning
the effectiveness of a community's implementation of the National Flood
Insurance Program's Community Assistance Program (CAC) and Community
Assistance Visits (CAV) Reports.

DATES: Comments must be submitted on or before October 31, 2022.

ADDRESSES: To avoid duplicate submissions to the docket, please submit
comments at www.regulations.gov under Docket ID FEMA-2022-0026. Follow
the instructions for submitting comments.
    All submissions received must include the agency name and Docket
ID. Regardless of the method used for submitting comments or material,
all submissions will be posted, without change, to the Federal
eRulemaking Portal at http://www.regulations.gov, and will include any
personal information you provide. Therefore, submitting this
information makes it public. You may wish to read the Privacy and
Security Notice that is available via a link on the homepage of
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Sarah Owen, Program Specialist,
Floodplain Management Division, Mitigation Directorate, Federal
Insurance and Mitigation Administration, FEMA at
[email protected] or<PHONE_NUMBER>. You may contact the
Information Management Division for copies of the proposed collection
of information at email address: [email protected].

SUPPLEMENTARY INFORMATION: The National Flood Insurance Program (NFIP)
codified as 42 U.S.C. 4001, et seq. is authorized by Public Law 90-448
(1968) and expanded by Public Law 93-234 (1973). The Department of
Homeland Security, Federal Emergency Management Agency (FEMA)
administers the NFIP. The NFIP's major objective is to assure that
participating communities are achieving the flood loss reduction
objectives through adoption and enforcement of adequate land use and
control measures. Sections 1315 and 1361 provide the basis for FEMA's
process to evaluate how well communities are implementing their
floodplain management programs. Title 44 CFR 59.22 directs the
respondent to submit evidence of the corrective and preventive measures
taken to meet the flood loss reduction objectives.
    The two key methods FEMA uses in determining community assistance
needs are through the Community Assistance Contact (CAC) and Community
Assistance Visit (CAV), which serve to provide a systematic means of
monitoring community NFIP compliance. Through the CAC and CAV, FEMA can
also determine to what extent communities are achieving the flood loss
reduction objectives of the NFIP. By providing assistance to
communities, the CAC and CAV also serve to enhance FEMA's goals of
reducing future flood losses, thereby achieving the NFIP's cost-
containment objective. The burden hours and costs associated with this
collection were re-evaluated which led to the main revision in this
extension request.

Collection of Information

    Title: Community Assistance Contact (CAC) and Community Assistance
Visits (CAV) Reports.
    Type of Information Collection: Revision of a currently approved
information collection.
    OMB Number: 1660-0023.
    FEMA Forms: FEMA Form FF-206-FY-21-141 (formerly 086-0-28(E)),
Community Assistance Visit (CAV) Report; FEMA Form FF-206-FY-21-142
(formerly 086-0-29(E)), Community Assistance Contact (CAC) Report.
    Abstract: Through the use of a Community Assistance Contact (CAC)
or Community Assistance Visit (CAV), FEMA can make a comprehensive
assessment of a community's floodplain management program. Through this
assessment, FEMA can assist the community to understand the NFIP's
requirements, and implement effective flood loss reductions measures.
Communities can achieve cost savings through flood mitigation actions
by way of insurance premium discounts and reduced property damage.
    Affected Public: State, Local or Tribal Government.
    Estimated Number of Respondents: 100.
    Estimated Number of Responses: 2,000.
    Estimated Total Annual Burden Hours: 60,000.
    Estimated Total Annual Respondent Cost: $2,505,600.
    Estimated Respondents' Operation and Maintenance Costs: $0.
    Estimated Respondents' Capital and Start-Up Costs: $0.
    Estimated Total Annual Cost to the Federal Government: $2,181,968.

Comments

    Comments may be submitted as indicated in the ADDRESSES caption
above. Comments are solicited to (a) evaluate whether the proposed data
collection is necessary for the proper performance of the agency,
including whether the information shall have practical utility; (b)
evaluate the accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (c) enhance the quality, utility, and
clarity of the information to be collected; and (d) minimize the burden
of the collection of information on those who are to respond, including
through the use of appropriate automated, electronic, mechanical, or
other technological collection techniques or other forms of information
technology,

e.g., permitting electronic submission of responses.

Millicent Brown Wilson,
Records Management Branch Chief, Office of the Chief Administrative
Officer, Mission Support, Federal Emergency Management Agency,
Department of Homeland Security.
[FR Doc. 2022-18931 Filed 8-31-22; 8:45 am]
BILLING CODE 9111-47-P


[Federal Register Volume 79, Number 117 (Wednesday, June 18, 2014)]
[Notices]
[Pages 34822-34824]
[FR Doc No: 2014-14232]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-72377; File No. SR-BATS-2014-024]

Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change Related to
Fees for Use of BATS Exchange, Inc.

June 12, 2014.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on June 4, 2014, BATS Exchange, Inc. (the ``Exchange'' or
``BATS'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II
and III below, which Items have been prepared by the Exchange. The
Exchange has designated the proposed rule change as one establishing or
changing a member due, fee, or other charge imposed by the Exchange
under Section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2)
thereunder,\4\ which renders the proposed rule change effective upon
filing with the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange filed a proposal to amend the fees applicable to
securities listed on the Exchange pursuant to BATS Rule 14.13. Changes
to the Exchange's fees pursuant to this proposal are effective upon
filing.
    The text of the proposed rule change is available at the Exchange's
Web site at http://www.batstrading.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    On August 30, 2011, the Exchange received approval of rules
applicable to the qualification, listing, and delisting of companies on
the Exchange,\5\ which it modified on February 8, 2012 in order to
adopt pricing for the listing of exchange traded products (``ETPs'') on
the Exchange.\6\ The Exchange proposes to modify Rule 14.13, entitled
``Company Listing Fees'' to reduce the entry fee for ETPs from $10,000
to $5,000 and to introduce new annual fees for ETPs that are not
participating in the competitive liquidity provider program under
Interpretation and Policy .02 to Rule 11.8 (the ``CLP Program''). For
ETPs that are participating in the CLP Program, the Exchange proposes
that the annual fees continue to be $35,000.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 65225 (August 30,
2011) 76 FR 55148 (September 6, 2011) (SR-BATS-2011-018).
    \6\ See Securities Exchange Act Release No. 72020 (April 25,
2014) 79 FR 24807 (May 1, 2014) (SR-BATS-2012-010).
---------------------------------------------------------------------------

    Currently, Rule 14.13(a)(A)(1)(C) provides that the entry fee for
an ETP is $10,000, a fee that is assessed on the date of listing on the
Exchange, except for a $5,000 non-refundable application fee which must
be submitted along with the initial listing application. The Exchange
proposes to instead charge a reduced entry fee of $5,000, which will
continue to be non-refundable and due upon submission of the initial
listing application. Consistent with current Rule 14.13 the Exchange is
not proposing to charge an entry fee for transfer listings.
    The Exchange is also proposing to introduce lower annual fees for
ETPs. Currently, Rule 14.13 provides that the issuer of an ETP shall
pay an annual fee of $35,000 for funds initially listed on the
Exchange. Rule 14.13 provides that the issuer of an ETP that is a
transfer listing shall pay an annual fee of $15,000. The Exchange is
proposing to continue to charge $35,000 per year to the issuer of an
ETP that is participating in the CLP Program. For all issuers of ETPs
that are not participating in the CLP Program, including transfer
listings, the Exchange proposes to charge the issuer on a quarterly
basis based on the ETPs consolidated average daily volume (the
``CADV''), as defined below, during the quarter preceding the billing
date.

Specifically, the Exchange is proposing to charge issuers of ETPs on a
quarterly basis as follows:

------------------------------------------------------------------------
                                                   Quarterly
                      CADV                            fee     Annual fee
------------------------------------------------------------------------
0-10,000........................................      $1,250      $5,000
10,001-40,000...................................       2,000       8,000
40,001-80,000...................................       3,000      12,000
80,001-150,000..................................       3,750      15,000
150,001-400,000.................................       4,500      18,000
Greater than 400,000............................        Free        Free
------------------------------------------------------------------------

    As proposed, CADV is calculated based on the three calendar months
preceding the month for which the fees apply, meaning that when
calculating the rebates that apply to a particular ETP, the CADV will
be based on the three calendar months prior to the current trading
month. For example, in calculating the annual fee that will be billable
to the issuer of an ETP on the first day of the third quarter, the
Exchange will look to the average daily volume reported for the ETP by
all exchanges and trade reporting facilities to a consolidated
transaction reporting plan for the second quarter, or April, May, and
June. If that ETP was an initial listing on BATS (not a transfer
listing from another listing market) and was listed beginning on May
15, the calculation of CADV would include all days from April 1 through
May 14 with zero volume for each trading day. For transfer listings,
the determination of the annual fees applicable to the ETP in the third
quarter will be based on the CADV for the second quarter, regardless of
where the ETP was listed during that period.
    As noted above, the Exchange proposes to amend Rule 14.13 in order
to make clear that the issuer of an ETP that participates in the CLP
Program will continued to pay the Exchange an annual fee of $35,000.
    Finally, the Exchange is proposing to correct a typographical error
in the rule text. Specifically, the Exchange is proposing to amend the
second sub-paragraph ``(a)'' in Rule 14.13 to ``(b)'' in order to make
the rule more easily understandable.
Implementation Date
    The Exchange proposes to implement these amendments to its fees on
June 2, 2014.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder that are applicable to a national securities exchange, and,
in particular, with the requirements of Section 6 of the Act.\7\
Specifically, the Exchange believes that the proposed rule change is
consistent with Section 6(b)(4) and 6(b)(5) of the Act,\8\ in that it
provides for the equitable allocation of reasonable dues, fees and
other charges among issuers and it does not unfairly discriminate
between customers, issuers, brokers or dealers.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f.
    \8\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The Exchange is proposing a tiered pricing structure for ETPs
listed on the Exchange based on CADV that will significantly reduce
listing fees for all new issuers, with the potential for free listing,
which the Exchange believes are equitable and non-discriminatory
because the tiers will be applied equally to all ETPs listed on the
Exchange, including transfer listings. The Exchange also believes that
continuing to charge $35,000 annually for ETPs that continue to
participate in the CLP Program is equitable and non-discriminatory
because the costs associated with operating the CLP Program are
significantly higher than the anticipated costs associated with the new
lead market maker program (the ``LMM Program''), into which newly
listed ETPs will be automatically enrolled. Further, ETPs participating
in the CLP Program may opt out of the CLP Program at any time in order
to participate in the LMM Program and be charged the lower quarterly
fees. Similarly, the Exchange believes that, while a transfer listing
could possibly be charged a higher annual fee under the proposal
($18,000 vs. $15,000), the proposed changes are equitable and non-
discriminatory because the pricing will be applied equally to all ETP
listings, including transfer listings, and ETP transfer listings may
also be eligible for reduced fees. Additionally, as described below,
the annual fees are generally based on the cost to the Exchange
associated with listing. The Exchange notes that it does not currently
have any transfer listings and thus there are no BATS-listed ETPs that
are eligible for continued annual fees of $15,000, as provided in
current Rule 14.13, meaning that no existing ETP listings will be
subject to a change in pricing and that any ETP that transfers to the
Exchange in the future will have advanced notice of the proposed
pricing.
    The Exchange believes that it is equitable, reasonable, and non-
discriminatory to charge increased listing fees to ETPs as their CADV
increases. Under the LMM Program, the Exchange plans to offer enhanced
rebates to any registered lead market maker for executions where such
lead market maker has added displayed liquidity in a BATS-listed ETP
for which they are designated as lead market maker, provided that they
must meet specified quoting requirements in such BATS-listed ETP. The
Exchange notes that as part of these enhanced rebates, it is planning
to provide gradually decreasing rebates as the CADV increases in the
BATS-listed ETP. While this may at first seem counterintuitive because
the proposed listing fees for ETPs increase as the CADV increases, the
total costs associated with operating the LMM Program for an ETP
generally increase as the CADV increases because there are more shares
executed that could potentially receive enhanced rebates. For example,
where the Exchange pays a rebate of $0.0070 per share for a particular
ETP with a CADV of 5,000, the Exchange could potentially pay $35 per
day on average in enhanced rebates. Where the Exchange pays enhanced
rebates of $0.0045 per share for an ETP with a CADV of 60,000, even
though the Exchange is offering a smaller per share enhanced rebate,
the total potential daily exposure ($270 per day) is significantly
larger than the exposure in the ETP with the higher rebate, but smaller
CADV. The Exchange notes, however, that there are some benefits
associated with having BATS-listed ETPs with higher CADVs that, at a
certain point, can more than offset the exposure from increased total
rebate payments in such securities, as further described below. Because
the Exchange faces greater exposure in enhanced rebates in ETPs with
higher CADVs, the Exchange believes that it is reasonable to charge
higher listing fees for ETPs with a higher CADV. Based on the
foregoing, the Exchange believes that its proposed tiered pricing
structure for the listing of ETPs is a fair and equitable allocation of
fees to issuers.
    The Exchange also believes that it is equitable, reasonable, and
non-discriminatory to provide listings free of charge to ETPs with CADV
exceeding 400,000. As a general matter, ETPs that are better known and
well-established are frequently more actively traded, liquid
securities. The Exchange believes that the benefits to both the
Exchange and other Exchange constituents of attracting and retaining
such ETPs to list on the Exchange justifies the Exchange waiving the
listing fees for these issuers. As it relates to other issuers, the
ability of the Exchange to attract well-known, recognizable, and
successful ETPs on the Exchange will help the Exchange to establish its
status and reputation as a

primary listing market. The Exchange's reputation as a primary listing
market will, in turn, positively impact all securities that are listed
on the Exchange. Further, the Exchange believes that additional revenue
generated from the Exchange's auction processes for actively traded
ETPs will offset the cost of operating a program for these securities.
Because ETPs with higher CADV are likely to generate additional revenue
for the Exchange, the Exchange believes it is reasonable to waive fees
for ETPs with CADV greater than 400,000. Based on the foregoing, the
Exchange believes that providing annual listing free of charge for
issuers of ETPs with CADV greater than 400,000 is a fair and equitable
allocation of fees to issuers.
    The Exchange believes it is reasonable and equitable to assess
annual fees on a pro-rated quarterly basis instead of an annual basis
based on the listing date of an ETP. In particular, the Exchange
believes that quarterly billing in prorated amounts will allow an
issuer's bill to more accurately reflect an ETP's current CADV.
    The Exchange also believes that lowering the initial listing fee
from $10,000 to $5,000 for ETPs is reasonable and equitable because it
will result in lower initial costs to all ETP issuers.
    Finally, the Exchange believes that correcting the typographical
error to the numbering of the subparagraphs of Rule 14.13 is reasonable
and equitable because it will make the rule text more easily
understandable.

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

    The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act, as amended. With
respect to the proposed new pricing for the listing of ETPs, the
Exchange does not believe that the changes burden competition, but
instead, enhance competition, as it is intended to increase the
competitiveness of the Exchange's listings program. The Exchange also
believes the proposed change would enhance competition because it
brings ETP listings prices closer to those currently offered by both
Arca and Nasdaq. The proposed changes are generally intended to lower
the Exchange's listing fees and make these fees more reflective of an
ETP's trading activity, which the Exchange believes will further help
it compete against the other listing markets. As such, the proposal is
a competitive proposal that is intended to attract additional ETP
listings, which will, in turn, benefit the Exchange and all other BATS-
listed ETPs.

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any written comments from members or other interested parties.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act \9\ and paragraph (f) of Rule 19b-4
thereunder.\10\ At any time within 60 days of the filing of the
proposed rule change, the Commission summarily may temporarily suspend
such rule change if it appears to the Commission that such action is
necessary or appropriate in the public interest, for the protection of
investors, or otherwise in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \10\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

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-BATS-2014-024 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-BATS-2014-024. 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-BATS-2014-024, and should be
submitted on or before July 9, 2014.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-14232 Filed 6-17-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: March 17, 2008 (Volume 73, Number 52)]
[Notices]
[Page 14284-14285]
[DOCID:fr17mr08-106]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-57465; File No. SR-CBOE-2005-11]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing of a Proposed Rule Change, as Modified
by Amendments No. 1 and 2, Relating to the Listing and Trading on the
Exchange of Options on the streetTRACKS Gold Trust

March 11, 2008.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 \2\ thereunder, notice is hereby given
that on January 25, 2005, the Chicago Board Options Exchange,
Incorporated (``CBOE'' or ``Exchange'') filed with the Securities and
Exchange Commission (``Commission'') the proposed rule change as
described in Items I, II, and III below, which Items have been
substantially prepared by the Exchange. On April 12, 2005, the Exchange
submitted Amendment No. 1 to the proposed rule change. On March 7,
2008, the Exchange submitted Amendment No. 2 to the proposed rule
change. The Commission is publishing this notice to solicit comments on
the proposed rule change, as amended, from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend certain CBOE rules to enable the
listing and trading on the Exchange of options on the streetTRACKS Gold
Trust. The text of the proposed rule change is available at the
Exchange, the Commission's Public Reference Room, and http://
www.cboe.com.

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 CBOE included statements
concerning the purpose of and basis for the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The CBOE 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 states that the purpose of the proposed rule change is
to permit the listing and trading of options on the streetTRACKS Gold
Trust.
    Currently, Interpretation and Policy .06 to CBOE Rule 5.3 permits
only certain Units (also referred to herein as exchange traded funds
(``ETFs'')) to underlie options traded on the Exchange. Specifically,
to be eligible as an underlying security for options traded on the
Exchange, an ETF must represent: (i) Interests in registered investment
companies (or series thereof) organized as open-end management
investment companies, unit investment trusts or similar entities that
hold portfolios of securities, and/or financial instruments including,
but not limited to, stock index futures contracts, options on futures,
options on securities and indexes, equity caps, collars and floors,
swap agreements, forward contracts, repurchase agreements and reverse
purchase agreements (the ``Financial Instruments''), and money market
instruments, including, but no limited to, U.S. government securities
and repurchase agreements (the ``Money Market Instruments'') comprising
or otherwise based on or representing investments in indexes or
portfolios of securities and/or Financial Instruments and Money Market
Instruments (or that hold securities in one or more other registered
investment companies that themselves hold such portfolios of securities
and/or Financial Instruments and Money Market Instruments); or (ii)
interests in a trust or similar entity that holds a specified non-U.S.
currency deposited with the trust or similar entity when aggregated in
some specified minimum number may be surrendered to the trust by the
beneficial owner to receive the specified non-U.S. currency and pays
the beneficial owner interest and other distributions on deposited non-
U.S. currency, if any, declared and paid by the trust; or (iii)
commodity pool interests principally engaged, directly or indirectly,
in holding and/or managing portfolios or baskets of securities,
commodity futures contracts, options on commodity futures contracts,
swaps, forward contracts and/or options on physical commodities and/or
non-U.S. currency. The proposed rule change would expand the types of
ETFs that may be approved for options trading on the Exchange to
include the streetTRACKS Gold Trust.
    Apart from allowing the streetTRACKS Gold Trust to be an underlying
for options traded on the Exchange as described above, the listing
standards for ETFs would remain unchanged from those that apply under
current Exchange rules. ETFs on which options may be listed and traded
would still have to be listed and traded on a national securities
exchange and satisfy the other listing standards set forth in
Interpretation and Policy .06 to CBOE Rule 5.3.
    Specifically, in addition to satisfying the aforementioned listing
requirements, Units would have to: (1) Meet the criteria and guidelines
under Rule 5.3 Criteria for Underlying Securities and Interpretation
and Policy .01 thereunder; or (2) be available for creation or
redemption each business day from or through the issuer in cash or in
kind at a price related to net asset value, and the issuer must be
obligated to issue Units in a specified aggregate number even if some
or all of the investment assets required to be deposited have not been
received by the issuer, subject to the condition that the person
obligated to deposit the investments has undertaken to deliver the
investment assets as soon as possible and such undertaking is secured
by the delivery and maintenance of collateral consisting of cash or
cash equivalents satisfactory to the issuer, as provided in the
respective prospectus.
    The Exchange proposes that the current continued listing standards
for

options on ETFs would apply to options on the streetTRACKS Gold Trust.
Specifically, under Interpretation and Policy .08 to CBOE Rule 5.4,
options on Units may be subject to the suspension of opening
transactions as follows: (1) Following the initial twelve-month period
beginning upon the commencement of trading of the Units, there are
fewer than 50 record and/or beneficial holders of the Units for 30 or
more consecutive trading days; (2) the value of the index or portfolio
of securities, non-U.S. currency, or portfolio of commodities including
commodity futures contracts, options on commodity futures contracts,
swaps, forward contracts and/or options on physical commodities and/or
Financial Instruments and Money Market Instruments on which Units are
based is no longer calculated or available; or (3) such other event
occurs or condition exists that in the opinion of the Exchange makes
further dealing on the Exchange inadvisable.
    Additionally, the streetTRACKS Gold Trust would not be deemed to
meet the requirements for continued approval, and the Exchange would
not open for trading any additional series of option contracts of the
class covering the streetTRACKS Gold Trust, if the streetTRACKS Gold
Trust ceases to be an ``NMS stock'' as provided for in paragraph (f) of
Interpretation and Policy .01 of CBOE Rule 5.4 or the streetTRACKS Gold
Trust is halted from trading on its primary market.
    The Exchange believes that the addition of the streetTRACKS Gold
Trust to Interpretation and Policy .06 to CBOE Rule 5.3 would not have
any effect on the rules pertaining to position and exercise limits \3\
or margin.\4\
---------------------------------------------------------------------------

    \3\ See CBOE Rules 4.11, Position Limits, and 4.12, Exercise
Limits.
    \4\ See CBOE Rule 12.3, Margin Requirements.
---------------------------------------------------------------------------

    The Exchange represents that its surveillance procedures applicable
to trading in options on the streetTRACKS Gold Trust would be similar
to those applicable to all other options on other ETFs currently traded
on the Exchange. Also, the Exchange may obtain information from the New
York Mercantile Exchange, Inc. (a member of the Intermarket
Surveillance Group) related to any financial instrument traded there
that is based, in whole or in part, upon an interest in, or performance
of, gold.
2. Statutory Basis
    The Exchange believes that amending its rules to accommodate the
listing and trading of options on the streetTRACKS Gold Trust will
benefit investors by providing them with valuable risk management
tools. Accordingly, the CBOE believes that the proposed rule change is
consistent with the requirements of Section 6(b) of the Act \5\ in
general, and furthers the objectives of Section 6(b)(5),\6\ of the Act
in particular, in that it is designed to remove impediments to and
perfect the mechanism of a free and open market in a manner consistent
with the protection of investors and the public interest.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.

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

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

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

    Within 35 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 self-regulatory organization consents, the Commission will:
    (A) By order approve 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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-CBOE-2005-11 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2005-11. This file
number should be included on the subject line if e-mail 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 inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such 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-CBOE-2005-11 and should be
submitted on or before April 7, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
---------------------------------------------------------------------------

    \7\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E8-5201 Filed 3-14-08; 8:45 am]

BILLING CODE 8011-01-P