[Federal Register Volume 79, Number 163 (Friday, August 22, 2014)]
[Rules and Regulations]
[Pages 49684-49685]
[FR Doc No: 2014-20005]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2014-0735]

Drawbridge Operation Regulation; Lake Washington Ship Canal,
Seattle, WA

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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

SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the Seattle Department of
Transportation (SDOT) Fremont Bridge, across the Lake Washington Ship
Canal, mile 2.6, at Seattle, WA. This deviation is necessary to allow
the bridge to operate in single

leaf mode while work crews are onsite, and to only provide a double
leaf opening with a five hour advance notice. This deviation allows one
half of the bridge to remain in the closed position while reducing the
vertical clearance of the non-operating span by four feet to account
for the installation of a moveable platform underneath the bridge.

DATES: This deviation is effective without actual notice from August
22, 2014 through 6 p.m. on January 21, 2015. For the purposes of
enforcement, actual notice will be used from 7 a.m. on August 6, 2014,
until August 22, 2014.

ADDRESSES: The docket for this deviation, [USCG-2014-0735] is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH.'' Click on Open Docket Folder on the line
associated with this deviation. You may also visit the Docket
Management Facility in Room W12-140 on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Mr. Steven Fischer, Bridge
Administrator, Thirteenth Coast Guard District; telephone<PHONE_NUMBER>,
email<EMAIL_ADDRESS>If you have questions on viewing the
docket, call Cheryl Collins, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Seattle Department of Transportation
(SDOT) has requested a temporary deviation from the operating schedule
for the Fremont Bridge, mile 2.6, crossing the Lake Washington Ship
Canal at Seattle, WA. The deviation is necessary to accommodate SDOT
workers for a bridge painting project. To facilitate this event, the
full draw of the bridge need not open for vessel traffic unless a five
hour advance notice is provided to the bridge operator. Additionally,
one half of the draw of the bridge will be maintained in the closed-to-
navigation position, and the clearance reduced up to four feet. This
deviation will begin at 7 a.m. on August 6, 2014 and continue until 6
p.m. on January 21, 2015.
    The Fremont Bridge, mile 2.6, is a double leaf bascule bridge which
provides a vertical clearance of 14 feet (31 feet of vertical clearance
for the center 36 horizontal feet) in the closed position. The
clearance is referenced to the mean water elevation of Lake Washington.
The normal operating schedule for the Fremont Bridge is set out in 33
CFR 117.1051 and states that the bridge need not open from 7 a.m. to 9
a.m. and from 4 p.m. to 6 p.m. Monday through Friday for vessels less
than 1000 tons. The normal operating schedule for this bridge also
requires one hour advance notification for bridge openings between 11
p.m. and 7 a.m. daily. Waterway usage on the Lake Washington Ship Canal
ranges from commercial tug and barge to small pleasure craft.
    Vessels able to pass through the bridge in the closed positions may
do so at any time. The bridge will be able to open one leaf, half of
the draw span, for emergencies and there is no immediate alternate
route for vessels to pass. The Coast Guard will also inform the users
of the waterways through our Local and Broadcast Notices to Mariners of
the change in operating schedule for the bridge so that vessels can
arrange their transits to minimize any impact caused by the temporary
deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the designated
time period. This deviation from the operating regulations is
authorized under 33 CFR 117.35.

    Dated: August 6, 2014.
Steven M. Fischer,
Bridge Administrator, Thirteenth Coast Guard District.
[FR Doc. 2014-20005 Filed 8-21-14; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 88, Number 43 (Monday, March 6, 2023)]
[Rules and Regulations]
[Pages 13671-13673]
[FR Doc No: 2023-04466]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1580; Project Identifier MCAI-2022-00808-T;
Amendment 39-22354; AD 2023-04-07]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Airbus SAS Model A350-941 and -1041 airplanes. This AD was
prompted by a determination that the surface protection is missing
between certain aluminum brackets and the struts to which they are
attached in the flight deck air distribution system. This AD requires
applying surface protection to the affected aluminum brackets and
struts, as specified in a European Union Aviation Safety Agency (EASA)
AD, which is incorporated by reference. This AD also prohibits
modifying an airplane using certain service information. The FAA is
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective April 10, 2023.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of April 10,
2023.

ADDRESSES:
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2022-1580; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this final rule, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
     For material incorporated by reference in this AD, contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email [email protected]; website easa.europa.eu. You may
find this material on the EASA website at ad.easa.europa.eu.
     You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St., Des
Moines, WA. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>. It is also available in the AD docket at
regulations.gov under Docket No. FAA-2022-1580.

FOR FURTHER INFORMATION CONTACT: Dat Le, Aerospace Engineer, Large
Aircraft Section, FAA, International Validation Branch, 2200 South
216th St., Des Moines, WA 98198; telephone<PHONE_NUMBER>; email
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain Airbus SAS
Model A350-941 and -1041 airplanes. The NPRM published in the Federal
Register on December 13, 2022 (87 FR 76160). The NPRM was prompted by
AD 2022-0119, dated June 21, 2022, issued by EASA, which is the
Technical Agent for the Member States of the European Union (EASA AD
2022-0119) (also referred to as the MCAI). The MCAI states that the
surface protection was determined to be missing between certain
aluminum brackets and the struts to which they are attached in the
flight deck air distribution system. The affected parts were installed
either in production through Airbus modification 109229 or 109230, or
in-service through accomplishing the original issue of Airbus Service
Bulletin A350-21-P031; or the original issue of Airbus Service Bulletin
A350-21-P032. This condition, if not corrected, could lead to rupture
of the associated ducting, reducing the efficiency of the flight deck
air distribution system, which, in combination with smoke in the flight
deck, could result in impaired flightcrew capability to control the
airplane.
    In the NPRM, the FAA proposed to require applying surface
protection to the affected aluminum brackets and struts, as specified
in EASA AD 2022-0119. The NPRM also proposed to prohibit modifying an
airplane using certain service information. The FAA is issuing this AD
to address the unsafe condition on these products.
    You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2022-1580.

Discussion of Final Airworthiness Directive

Comments

    The FAA received a comment from The Air Line Pilots Association,
International (ALPA) who supported the NPRM without change.

Conclusion

    This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA reviewed the relevant data, considered the
comment received, and determined that air safety requires adopting this
AD as proposed. Accordingly, the FAA is issuing this AD to address the
unsafe condition on this product. Except for minor editorial changes,
this AD is adopted as proposed in the NPRM. None of the changes will
increase the economic burden on any operator.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0119 specifies procedures for applying surface
protection to aluminum brackets and struts at frame (FR) 22 and FR 24,
as applicable, in zone C2-2 forward section. EASA AD 2020-0119 also
prohibits modifying an airplane using certain service information. This
material is reasonably available because the interested parties have
access to it through their normal course of business or by the means
identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 30 airplanes of U.S.
registry. The

FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
8 work-hours x $85 per hour = $680...........................          $1,350           $2,030          $60,900
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2023-04-07 Airbus SAS: Amendment 39-22354; Docket No. FAA-2022-1580;
Project Identifier MCAI-2022-00808-T.

(a) Effective Date

    This airworthiness directive (AD) is effective April 10, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus SAS Model A350-941 and -1041
airplanes, certificated in any category, as identified in European
Union Aviation Safety Agency (EASA) AD 2022-0119, dated June 21,
2022 (EASA AD 2022-0119).

(d) Subject

    Air Transport Association (ATA) of America Code 21, Air
conditioning.

(e) Unsafe Condition

    This AD was prompted by a determination that the surface
protection is missing between certain aluminum brackets and the
struts to which they are attached in the flight deck air
distribution system. The FAA is issuing this AD to address missing
aluminum bracket surface protection. This condition, if not
corrected, could lead to rupture of the associated ducting, reducing
the efficiency of the flight deck air distribution system, which, in
combination with smoke in the flight deck, could result in impaired
flightcrew capability to control the airplane.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2022-0119.

(h) Exceptions to EASA AD 2022-0119

    (1) Where EASA AD 2022-0119 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) This AD does not adopt the ``Remarks'' section of EASA AD
2022-0119.

(i) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or responsible Flight Standards Office, as
appropriate. If sending information directly to the International
Validation Branch, send it to the attention of the person identified
in paragraph (j) of this AD. Information may be emailed to: [email protected]. Before using any approved AMOC, notify your
appropriate principal inspector, or lacking a principal inspector,
the manager of the responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Validation Branch, FAA; or EASA; or Airbus SAS's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.
    (3) Required for Compliance (RC): Except as required by
paragraph (i)(2) of this AD, if any service information contains
procedures or tests that are identified as RC, those procedures and
tests must be done to comply with this AD; any procedures or tests
that are not identified as RC are recommended. Those procedures and
tests that are not identified as RC may be deviated from using
accepted methods in accordance with the operator's maintenance or
inspection program without obtaining approval of an AMOC, provided
the procedures and tests identified as RC can be done and the
airplane can be put back in an airworthy condition. Any
substitutions or changes to procedures or tests identified as RC
require approval of an AMOC.

(j) Additional Information

    For more information about this AD, contact Dat Le, Aerospace
Engineer, Large Aircraft Section, FAA, International Validation
Branch, 2200 South 216th St., Des Moines, WA 98198; telephone 516-
228-7317; email [email protected].

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.

    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2022-0119,
dated June 21, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0119, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; website easa.europa.eu. You may find this EASA
AD on the EASA website at ad.easa.europa.eu.
    (4) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St.,
Des Moines, WA. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>.
    (5) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
[email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on February 16, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-04466 Filed 3-3-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 130 (Monday, July 8, 2019)]
[Proposed Rules]
[Pages 32338-32341]
[FR Doc No: 2019-14286]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0522; Product Identifier 2019-NM-082-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all Airbus SAS Model A320-251N and -271N airplanes, and Model A321-
251N, -253N, -271N, and -272N airplanes. This proposed AD was prompted
by reports that the regulated bleed temperature was measured above the
design target with a temperature regulation shift phenomenon, and
investigation results show that incorrect temperature regulation can
degrade pneumatic system components located downstream of the pre-
cooler. This proposed AD would require uploading improved bleed
monitoring computer (BMC) software (SW), as specified in a European
Aviation Safety Agency (EASA) AD, which will be incorporated by
reference. The FAA is proposing this AD to address the unsafe condition
on these products.

DATES: The FAA must receive comments on this proposed AD by August 22,
2019.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For the material identified in this proposed AD that will be
incorporated by reference (IBR), contact the EASA, at Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; telephone +49 221 89990 1000; email
<EMAIL_ADDRESS>internet www.easa.europa.eu. You may find this IBR
material on the EASA website at https://ad.easa.europa.eu.

You may view this IBR material at the FAA, Transport Standards Branch,
2200 South 216th St., Des Moines, WA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>. It is also
available in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0522.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0522; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this NPRM, the regulatory evaluation, any comments received, and other
information. The street address for Docket Operations is listed above.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer,
International Section, Transport Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2019-0522;
Product Identifier 2019-NM-082-AD'' at the beginning of your comments.
The FAA specifically invites comments on the overall regulatory,
economic, environmental, and energy aspects of this NPRM. The FAA will
consider all comments received by the closing date and may amend this
NPRM based on those comments.
    The FAA will post all comments received, without change, to http://www.regulations.gov, including any personal information you provide.
The FAA will also post a report summarizing each substantive verbal
contact received about this NPRM.

Discussion

    The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2019-0094, dated April 26, 2019
(``EASA AD 2019-0094'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for all Airbus SAS Model A320-251N and -271N airplanes, and
Model A321-251N, -253N, -271N, and -272N airplanes. The MCAI states:

    During some flight tests of [Airbus SAS] A320 and A321 NEO (new
engine option) aeroplanes, the regulated bleed temperature was
measured above the design target with a temperature regulation shift
phenomenon. The investigation results show that incorrect
temperature regulation can degrade pneumatic system components
located downstream of the pre-cooler.
    This condition, if not corrected, could lead to hot air leakage
and consequent bleed loss, possibly resulting in the reduction of
the system equipment safety margin.
    To address this potential unsafe condition, Airbus developed an
improved BMC SW, and issued the SB [service bulletin] A320-36-1078
to provide instructions for BMC SW uploading.
    For the reasons described above, this [EASA] AD requires
modification of the affected parts and prohibits (re)installation of
affected parts.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2019-0094 describes procedures for uploading BMC SW
standard 4.3. This material is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to a bilateral agreement with the State of Design Authority, the FAA
has been notified of the unsafe condition described in the MCAI
referenced above. The FAA is proposing this AD because the agency
evaluated all the relevant information and determined the unsafe
condition described previously is likely to exist or develop in other
products of the same type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified
in EASA AD 2019-0094 described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA worked with Airbus and EASA to develop a process to
use certain EASA ADs as the primary source of information for
compliance with requirements for corresponding FAA ADs. As a result,
EASA AD 2019-0094 will be incorporated by reference in the FAA final
rule. This proposed AD would, therefore, require compliance with EASA
AD 219-0094 in its entirety, through that incorporation, except for any
differences identified as exceptions in the regulatory text of this
proposed AD. Using common terms that are the same as the heading of a
particular section in the EASA AD does not mean that operators need
comply only with that section. For example, where the AD requirement
refers to ``all required actions and compliance times,'' compliance
with this AD requirement is not limited to the section titled
``Required Action(s) and Compliance Time(s)'' in the EASA AD. Service
information specified in EASA AD 2019-0094 that is required for
compliance with EASA AD 2019-0094 will be available on the internet at
http://www.regulations.gov by searching for and locating Docket No.
FAA-2019-0522 after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this proposed AD affects 85 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
4 work-hours x $85 per hour = $340...........................              $0             $340          $28,900
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
    This proposed AD is issued in accordance with authority delegated
by the Executive Director, Aircraft Certification Service, as
authorized by FAA Order 8000.51C. In accordance with that order,
issuance of ADs is normally a function of the Compliance and
Airworthiness Division, but during this transition period, the
Executive Director has delegated the authority to issue ADs applicable
to transport category airplanes and associated appliances to the
Director of the System Oversight Division.

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

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

Airbus SAS: Docket No. FAA-2019-0522; Product Identifier 2019-NM-
082-AD.

(a) Comments Due Date

    The FAA must receive comments by August 22, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus SAS Model A320-251N and -271N
airplanes, and Model A321-251N, -253N, -271N, and -272N airplanes,
certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 36, Pneumatic.

(e) Reason

    This AD was prompted by reports that the regulated bleed
temperature was measured above the design target with a temperature
regulation shift phenomenon, and investigation results show that
incorrect temperature regulation can degrade pneumatic system
components located downstream of the pre-cooler. The FAA is issuing
this AD to address this condition, which, if not corrected, could
lead to hot air leakage and consequent bleed loss, possibly
resulting in the reduction of the system equipment safety margin.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Aviation Safety Agency (EASA) AD 2019-
0094, dated April 26, 2019 (``EASA AD 2019-0094'').

(h) Exceptions to EASA AD 2019-0094

    (1) For purposes of determining compliance with the requirements
of this AD: Where EASA AD 2019-0094 refers to its effective date,
this AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2019-0094 does not apply
to this AD.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Section, send it to the attention of
the person identified in paragraph (j)(2) of this AD. Information
may be emailed to<EMAIL_ADDRESS>Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Section, Transport Standards Branch, FAA; or EASA; or Airbus SAS's
EASA Design Organization Approval (DOA). If approved by the DOA, the
approval must include the DOA-authorized signature.
    (3) Required for Compliance (RC): For any service information
referenced in EASA AD 2019-0094 that contains RC procedures and
tests: Except as required by paragraph (i)(2) of this AD, RC
procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are recommended.
Those procedures and tests that are not identified as RC may be
deviated from using accepted methods in accordance with the
operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.

(j) Related Information

    (1) For information about EASA AD 2019-0094, contact the EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
89990 6017; email<EMAIL_ADDRESS>Internet www.easa.europa.eu.
You may find this EASA AD on the EASA website at https://ad.easa.europa.eu. You may view this EASA AD at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195. EASA AD 2019-0094 may be found in the AD docket on the
internet at http://www.regulations.gov by searching for and locating
Docket No. FAA-2019-0522.
    (2) For more information about this AD, contact Sanjay Ralhan,
Aerospace Engineer, International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax<PHONE_NUMBER>.

    Issued in Des Moines, Washington, on June 27, 2019.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-14286 Filed 7-5-19; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 161 (Tuesday, August 24, 2021)]
[Notices]
[Pages 47359-47362]
[FR Doc No: 2021-18120]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-92701; File No. SR-CboeBZX-2021-056]

Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of
Filing of a Proposed Rule Change To Allow the Invesco Focused Discovery
Growth ETF and Invesco Select Growth ETF To Strike and Publish an
Intra-Day NAV and an End-of-Day NAV

August 18, 2021.
    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 August 12, 2021, Cboe BZX Exchange, Inc. filed with the
Securities and Exchange Commission the proposed rule change as
described in Items I and II below, which Items have been prepared by
the Exchange. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \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

    Cboe BZX Exchange, Inc. (the ``Exchange'' or ``BZX'') is filing
with the Securities and Exchange Commission (``Commission'') a proposed
rule amendment to allow the Invesco Focused Discovery Growth ETF and
Invesco Select Growth ETF (each a ``Fund'' and, collectively, the
``Funds''), each a series of the Invesco Actively Managed Exchange-
Traded Fund Trust (the ``Trust''), to strike and publish an intra-day
net asset value (``NAV'') and an end-of-day NAV.
    The text of the proposed rule change is also available on the
Exchange's website (http://markets.cboe.com/us/equities/regulation/rule_filings/bzx/), at the Exchange's Office of the Secretary, and at
the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposed and the Commission approved a rule to permit
the listing and trading of the Shares of each Fund.\3\ On December 22,
2020, the Exchange commenced trading in the Shares of each Fund. The
Exchange now proposes to continue listing and trading the Shares of
each Fund pursuant to Rule 14.11(m) and to permit the Funds to strike
and publish a single intra-day NAV in addition to the current practice
of striking and publishing an end-of-day NAV. This proposal is designed
to assist market makers in assessing and managing their intra-day risk,
provide greater flexibility in creating and redeeming shares and
provide the marketplace with additional information about the Funds.
The Exchange believes this feature of the Funds will allow market
participants to better assess and manage their intra-day risk in making
a market in the Funds' shares, and provide additional certainty around
intra-day price and hedging for the Funds' shares.
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 90684 (December 16,
2020) 85 FR 83637 (December 22, 2020) (SR-CboeBZX-2020-091) (the
``Initial Filing'').
---------------------------------------------------------------------------

    The NAV represents the value of a fund's assets minus its
liabilities divided by the number of shares outstanding and is used in
valuing exchange-traded products (``ETPs''), including Tracking Fund
Shares. By way of background, an ETP issues shares that can be bought
or sold throughout the day in the secondary market at a market-
determined price. Authorized participants that have contractual
arrangements with the ETP (and/or its distributor) purchase and redeem
ETP shares directly from the ETP in blocks called creation units at a
price equal to the next-calculated NAV, and may then purchase or sell
individual ETP shares in the secondary market at market-determined
prices. ETP shares trade at market prices, but the market price
typically will be more or less than the fund's NAV per share due to a
variety of factors, including the underlying prices of the ETP's assets
and the demand for the ETP shares. Nonetheless, an ETP's market price
is generally kept close to the ETP's end-of-day NAV because of the
arbitrage function inherent to the structure of the ETP. An arbitrage
opportunity is

inherent in the ETP structure because the ETP share's intra-day market
price fluctuates in response to standard supply/demand dynamics during
the trading day. Due to this fluctuation, the ETP's intra-day market
price may not equal the actual value of ETP's underlying holdings that
would form the basis of the NAV. Accordingly, authorized participants
can arbitrage this difference (and make a profit) because they can
trade directly with the ETP at NAV \4\ as well as on the market at
market-determined prices. The expected result of the arbitrage activity
is that the market value of the ETP moves back in line with the ETP's
NAV per share and investors are able to buy ETP shares on an exchange
that is close to the ETP's NAV per share. The arbitrage mechanism is
important because it provides a means to maintain a close tie between
market price and NAV per share of the ETP throughout the day and on
market close, thereby helping to ensure that ETP investors are treated
equitably when buying and selling fund shares.
---------------------------------------------------------------------------

    \4\ An open-end fund is required by law to redeem its securities
on demand from shareholders at a price approximately the
proportionate share of the fund's NAV at the time of redemption. See
15 U.S.C. 80a-22(d).
---------------------------------------------------------------------------

    In order for the arbitrage mechanism described above to operate
efficiently, market participants need to be able to hedge their intra-
day risk effectively and estimate, with high accuracy, the value of the
ETP's holdings, such that it can then observe instances when the value
of such holdings, on a per-share basis, is higher or lower than the
current trading price of the shares on an exchange. Principal aspects
of the ETP structure that facilitate these two processes are: (i)
Timing of the NAV strike and creation/redemption order window; and (ii)
the volume of information available regarding the underlying holdings
of the ETP, from which the authorized participant can estimate the
ETP's NAV per share at any given time. With respect to the former, if
an ETP can offer a more than one opportunity to ``lock in'' the
purchase price of the ETP (i.e., shorten the duration of the market
risk that the authorized participant is bearing), the Exchange believes
that the arbitrage mechanism will operate more efficiently, resulting
in tighter spreads for the trading of the ETP shares.
    Additionally, with respect to information dissemination, in
general, the more information that is available to assist the market
participants in estimating the value of the fund's holdings, the better
the arbitrage mechanism will operate with respect to the Tracking Fund
Shares. In the case of Tracking Fund Shares, the applicable ETP
disseminates various information to achieve that goal, while not
publishing a full list of fund holdings daily. First, as noted in the
Initial Filing, each Fund will disclose its respective Fund Portfolio
\5\ including the name, identifier, market value and weight of each
security and instrument in the portfolio, at a minimum within at least
60 days following the end of every fiscal quarter.\6\ Additionally, the
Tracking Basket \7\ (also referred to as the ``substitute basket'') for
each Fund will be publicly disseminated at least once daily.\8\ The
Tracking Basket is designed to closely track the daily performance of
the Fund, but is not fully-representative of the Fund Portfolio. The
Tracking Basket often will include a significant percentage of the
securities held in the Fund Portfolio, but it will exclude (or modify
the weightings of) certain securities held in the Fund Portfolio, such
as those securities that the Fund's portfolio managers are actively
looking to purchase or sell, or securities which, if disclosed, could
increase the risk of front-running of free-riding. The Tracking Basket
may also include cash. Lastly, the issuer of the Funds represented that
the NAV per share for each of the Funds will be calculated daily along
with certain metrics, including the premium or discount between NAV and
final trading price of the Shares and information about how well the
performance of the Tracking Basket has correlated with the performance
of the Fund Portfolio.\9\ While nothing in the Initial Filing, the
Exemptive Relief, or Rule 14.11(m) requires the Funds to disseminate an
intraday indicative value (``IIV''), both Funds disseminate an IIV as
such dissemination is not prohibited by the Initial Filing, Exemptive
Relief or Rule 14.11(m).\10\ The IIV refers to an intraday estimate of
a fund's NAV per share, and is calculated based on the valuation of
Fund Portfolio holdings from the prior Business Day, and accounting for
intra-day price movements for such holdings. The IIV is disseminated by
each Fund every second during Regular Trading Hours.\11\ Due to the
accounting method for trading activity for the Funds (i.e., T+1
accounting), the portfolio upon which the IIV is calculated is the same
as the portfolio that would serve as the basis for the Intra-Day NAV
strike. Accordingly, it is expected that the IIV disseminated at the
same time that the Intra-Day NAV is struck would be identical (e.g. the
12:00 p.m. Eastern Time IIV and an Intra-Day NAV struck at 12:00 p.m.
Eastern Time would be the same). However, although the IIV provides a
great deal of price transparency to the market, it is not an official
NAV of the Funds derived using the processes and governance designed to
ensure an accurate and reliable calculation before dissemination.
Accordingly, an official NAV would, in concert with the IIV, provide a
reliable verification and further clarity as to Fund portfolio
pricing.\12\
---------------------------------------------------------------------------

    \5\ The term ``Fund Portfolio'' means the identities and
quantities of the securities and other assets held by the Investment
Company that will form the basis for the Investment Company's
calculation of net asset value at the end of the business day. See
Exchange Rule 14.11(m)(3)(B).
    \6\ See Exchange Rule 14.11(m)(4)(B)(ii).
    \7\ The term ``Tracking Basket'' means the identities and
quantities of the securities and other assets included in a basket
that is designed to closely track the daily performance of the Fund
Portfolio, as provided in the exemptive relief under the Investment
Company Act of 1940 applicable to a series of Tracking Fund Shares
(the ``Exemptive Relief''). The website for each series of Tracking
Fund Shares shall disclose the following information regarding the
Tracking Basket as required under this Rule 14.11(m), to the extent
applicable: (i) Ticker symbol; (ii) CUSIP or other identifier; (iii)
Description of holding; (iv) Quantity of each security or other
asset held; (v) and Percentage weight of the holding in the
portfolio.
    \8\ See Exchange Rule 14.11(m)(4)(B)(i).
    \9\ See Exchange Rule 14.11(m)(4)(A)(ii).
    \10\ As noted above, nothing in the Initial Filing, the
Exemptive Relief, or Rule 14.11(m) requires the Funds to disseminate
an IIV; therefore, the Fund is not representing that it will in the
future continue to disseminate an IIV for either or both of the
Funds.
    \11\ ``Regular Trading Hours'' refers to the time between 9:30
a.m. and 4:00 p.m. Eastern time. See Exchange Rule 1.5(w).
    \12\ Further, in the rare instances where there may be a delay
or error in calculating the IIV the dissemination of the official
Intra-Day NAV would alert the market to any disparity. As discussed
herein, the calculation of an official NAV takes more time to
disseminate than the IIV, reflecting the robust verification and
validation processes employed.
---------------------------------------------------------------------------

    In furtherance of the Funds' objectives of tightening spreads in
the trading of their shares and increasing the efficiency of the
arbitrage mechanism, the Funds will strike one NAV during normal
trading (the ``Intra-Day NAV'') and one NAV again at the close of
trading at 4:00 p.m. ET (the ``End-of-Day NAV'' and collectively with
Intra-Day NAV, the ``Published NAVs''). The Funds anticipate that the
Intra-Day NAV will be struck at 12:00 p.m. ET; however, the Funds
represent that the Intra-Day NAV may be struck at a pre-determined, and
publicly disclosed, time between 11:00 a.m. ET and 2 p.m. ET. The
timing of the Intra-Day NAV will be disclosed in each Fund's prospectus
and will not change without prior notification to shareholders and the
market in the form of a prospectus supplement. The Intra-Day NAV would
be calculated based on the values of the

securities in the Fund Portfolio at the time the Intra-Day NAV is
struck, which may differ from the values of the securities in the Fund
Portfolio at the time the End-of-Day NAV is struck. As noted in the
Initial Filing, Shares of each of the Funds are offered by the Trust,
which is registered with the Commission as an open-end investment
company and has filed a registration statement on behalf of the Funds
on Form N-1A with the Commission.\13\ The Registration Statement
provides that the Funds may calculate the NAV per Share more than once
daily (e.g., at 12 p.m. ET and 4:00 p.m. ET), however, the Initial
Filing did not seek to allow the Funds to calculate more than one NAV
per day. Now, the Exchange is seeking approval to explicitly allow the
Funds to strike and publish an intra-day NAV per Share daily in
addition to the end-of-day NAV.\14\
---------------------------------------------------------------------------

    \13\ The Trust is registered under the 1940 Act. On September
25, 2020, the Trust filed post-effective amendments to its
registration statement on Form N-1A relating to each Fund (File No.
811-22148) (the ``Registration Statement''). The descriptions of the
Funds and the Shares contained herein are based, in part, on
information included in the Registration Statement. The Commission
has issued an order granting certain exemptive relief to the Trust
(the ``Exemptive Relief'') under the 1940 Act. See Investment
Company Act of 1940 Release No. 34127 (December 2, 2020).
    \14\ The Exchange's proposal is similar to functionality offered
for other ETPs. For example, the prospectus for the Invesco Treasury
Collateral ETF provides that the Fund is calculated at 12 p.m. and 4
p.m. ET every day the New York Stock Exchange (``NYSE'') is open and
the Goldman Sachs Access Treasury 0-1 Year ETF has similar
practices. See http://hosted.rightprospectus.com/Invesco/Fund.aspx?cu=46138G888&dt=P&ss=ETF and https://www.gsam.com/bin/gsam/servlets/LiteratureViewerServlet?pdflink=%2Fcontent%2Fdam%2Fgsam%2Fpdfs%2Fus%2Fen%2Fprospectus-and-regulatory%2Fprospectus%2Fetf-combined-access-prospectus.pdf&RequestURI=/content/gsam/us/en/advisors/fund-center/etf-fund-finder&sa=n.
---------------------------------------------------------------------------

    As noted above, the Intra-Day NAV for the Funds will be struck
based on the Portfolio Holdings at a pre-determined time between 11:00
a.m. and 2:00 p.m. Eastern Time on each day the Exchange is open. The
Intra-Day NAV will be calculated based on the valuation of Fund
holdings as of the NAV strike time, with the calculation of such NAV
typically occurring within two hours of the time the NAV strike time
(e.g., 12:00 p.m. Eastern Time), and will be disseminated to market
participants shortly after calculation. Further, the Intra-Day NAV will
be disseminated to all market participants at the same time in the same
manner as the End-of-Day NAV is currently disseminated.\15\
---------------------------------------------------------------------------

    \15\ Currently, the end-of-day NAV is disseminated publicly via
the Issuer's website at www.invesco.com/ETFs.
---------------------------------------------------------------------------

    Currently, all orders to purchase or redeem creation units must be
received by the transfer agent and/or distributor no later than the
order cut-off time designated in the participant agreement \16\ on the
relevant Business Day in order for the creation or redemption of
creation units to be effected based on the NAV of Shares as determined
on such date. With certain exceptions, the order cut-off time for the
Funds, as set forth in the participant agreement, usually is the
closing time of the regular trading session--i.e., ordinarily 4:00 p.m.
Eastern time.\17\ In the case of custom orders,\18\ the order cut-off
time is 3:00 p.m. Eastern time. Additionally, on days when the Exchange
closes earlier than normal, the Trust may require the creation orders
to be placed earlier in the day.
---------------------------------------------------------------------------

    \16\ The ``participant agreement'' refers to the executed
written agreement between an authorized participant and the Fund, or
one of its service providers, that allows the authorized participant
to place creation and redemption orders.
    \17\ See also Exchange Rule 14.11(m)(3)(B).
    \18\ A ``custom order'' refers to creation or redemption orders
using Shares that consist of securities that differ from the
composition of the Tracking Basket.
---------------------------------------------------------------------------

    As proposed, with certain exceptions the order cut-off time for the
Intra-Day NAV will be the time at which the Intra-Day NAV is struck
(e.g.,12:00 p.m. Eastern time). In the case of custom orders, the
transfer agent must receive the creation or redemption order no later
than one hour prior to the time at which the Intra-Day NAV is struck
(e.g., 11:00 a.m. Eastern time). The Funds will issue and redeem Shares
in creation units at the NAV per Share next determined after an order
in proper form is received (which may be the Intra-Day NAV or the End-
of-Day NAV depending on when the order is received). Specifically, if
an order to purchase or redeem Shares of either of the Funds was
received by the transfer agent prior to the time at which the Intra-Day
NAV is struck (or, in the case of custom orders, one hour prior to the
time at which the Intra-Day NAV is struck), the Fund would issue or
redeem Shares in creation units at the Intra-Day NAV. Conversely, if an
order to purchase or redeem Shares of either of the Funds was received
by the transfer agent after the Intra-Day NAV is struck but before 4:00
Eastern time(or, in the case of custom orders, by 3:00 p.m. Eastern
time), the Fund would issue or redeem Shares in creation units at the
End-of-Day NAV.
    The Exchange believes that providing authorized participants with
the ability to create and redeem during the trading day, coupled with
the price certainty of a second official NAV being available to market
participants, will reduce the risk that market participants face intra-
day related to the possible divergence between the Tracking Basket and
the value of the Fund Portfolio, which should enable them to reduce
spreads on Shares. Authorized participants will be able to ``lock in''
their creation and redemption transactions during the trading day at an
Intra-Day NAV, and at the end of the trading day at the End-of-Day
NAV.\19\ As proposed, the Funds will continue to meet all listings
standards provided in Rule 14.11(m). The only change to the Funds that
the Exchange is proposing is to allow the Funds to strike an Intra-Day
NAV. All other material representations contained within the Initial
Filing remain true and will continue to constitute continued listing
requirements for the Funds.
---------------------------------------------------------------------------

    \19\ The Exchange believes that the beneficial effect of having
the ability to ``lock in'' the Intra-Day NAV will exist even if
authorized participants do not regularly make use of the first
creation/redemption window. By having the flexibility to place
orders with less remaining time until the official NAV is struck,
authorized participants will be able to hedge risk with a shorter
time horizon contemplated.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposal is consistent with Section
6(b) of the Act \20\ in general and Section 6(b)(5) of the Act \21\ in
particular in that it is designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in facilitating transactions in securities, to remove
impediments to and perfect the mechanism of a free and open market and
a national market system and, in general, to protect investors and the
public interest in that the Shares of each Fund will meet each of the
continued listing criteria in BZX Rule 14.11(m), as provided in the
Initial Filing.
---------------------------------------------------------------------------

    \20\ 15 U.S.C. 78f(b).
    \21\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The proposal to allow the Funds to strike and publish an Intra-Day
NAV will afford authorized participants with additional flexibility in
the timing of creation and redemption activity and provide the
marketplace with additional, official information related to each
Fund's underlying holdings on an intra-day basis The Exchange believes
that this additional feature will allow market participants to better
assess and manage their intra-day risk in making a market in the Funds'
shares, and provide additional certainty around intra-day price and
hedging for the Funds' shares. Further, the Exchange believes that the
likely resulting tighter

spreads and deeper liquidity will deter potential fraudulent or
manipulative acts associated with the Funds' Share price. The only
change to the Funds that the Exchange is proposing is to allow the
Funds to strike an Intra-Day NAV. All other material representations
contained within the Initial Filing remain true and will continue to
constitute continued listing requirements for the Funds.
    For the above reasons, the Exchange believes that the proposed rule
change is consistent with the requirements of Section 6(b)(5) of the
Act.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purpose of the Act. The Exchange notes that the
proposed rule change, rather, will provide additional information to
market participants thereby reducing market participants risk and
intra-day price uncertainty which will allow the Fund to better compete
in the marketplace, thus enhancing competition among both market
participants and listing venues, to the benefit of investors and the
marketplace.

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

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

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

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-CboeBZX-2021-056 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-CboeBZX-2021-056. 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 website (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 website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-CboeBZX-2021-056 and should be submitted
on or before September 14, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\22\
---------------------------------------------------------------------------

    \22\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2021-18120 Filed 8-23-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 72 (Wednesday, April 15, 2015)]
[Notices]
[Pages 20214-20215]
[FR Doc No: 2015-08535]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP15-855-000.
    Applicants: Gulf Crossing Pipeline Company LLC.
    Description: Section 4(d) rate filing per 154.204: Amendment to Neg
Rate Agmt (BP37-20) to be effective 4/8/2015.
    Filed Date: 4/7/15.
    Accession Number: 20150407-5023.
    Comments Due: 5 p.m. ET 4/20/15.

    Docket Numbers: RP15-857-000.
    Applicants: Natural Gas Pipeline Company of America.
    Description: Section 4(d) rate filing per 154.204: Expired
Agreements Removal to be effective 5/8/2015.
    Filed Date: 4/7/15.
    Accession Number: 20150407-5086.
    Comments Due: 5 p.m. ET 4/20/15.

    Docket Numbers: RP15-858-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Section 4(d) rate filing per 154.204: Amendments to
Neg Rate Agmts (FPL 41619-3, 41618-5) to be effective 4/7/2015.
    Filed Date: 4/7/15.
    Accession Number: 20150407-5227.
    Comments Due: 5 p.m. ET 4/20/15.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.

    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings

can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: April 08, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-08535 Filed 4-14-15; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: August 1, 2007 (Volume 72, Number 147)]
[Rules and Regulations]
[Page 41900-41903]
[DOCID:fr01au07-9]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2007-0477; FRL-8448-5]

Approval and Promulgation of Implementation Plans; State of Iowa

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the state of Iowa for maintenance of the sulfur dioxide
(SO2) National Ambient Air Quality Standard (NAAQS) in
Muscatine, Iowa.

DATES: This direct final rule will be effective October 1, 2007,
without further notice, unless EPA receives adverse comment by August
31, 2007. If adverse comment is received, EPA will publish a timely
withdrawal of the direct final rule in the Federal Register informing
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2007-0477, by one of the following methods:
    1. http://www.regulations.gov. Follow the on-line instructions for

submitting comments.
    2. E-mail<EMAIL_ADDRESS>    3. Mail: Heather Hamilton, Environmental Protection Agency, Air
Planning and Development Branch, 901 North 5th Street, Kansas City,
Kansas 66101.
    4. Hand Delivery or Courier: Deliver your comments to Heather
Hamilton, Environmental Protection Agency, Air Planning and Development
Branch, 901 North 5th Street, Kansas City, Kansas 66101.
    Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2007-0477. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information

provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit through http://www.regulations.gov
 or e-mail information that you consider to be CBI

or otherwise protected. The http://www.regulations.gov Web site is an

``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be

automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
    Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some

information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://www.regulations.gov
 or in hard copy at the Environmental Protection

Agency, Air Planning and Development Branch, 901 North 5th Street,
Kansas City, Kansas 66101. The Regional Office's official hours of
business are Monday through Friday, 8 to 4:30 excluding Federal
holidays. The interested persons wanting to examine these documents
should make an appointment with the office at least 24 hours in
advance.

FOR FURTHER INFORMATION CONTACT: Heather Hamilton at<PHONE_NUMBER> or
by e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This section provides
additional information by addressing the following questions:

What is a SIP?
What is the Federal approval process for a SIP?
What are the criteria for approval of a maintenance plan?
What does Federal approval of a state regulation mean to me?
What is in the state's plan to maintain the standard?
What is being addressed in this document?
Have the requirements for approval of a SIP revision been met?
What action is EPA taking?

What is a SIP?

    Section 110 of the Clean Air Act (CAA or Act) requires states to
develop air pollution regulations and control strategies to ensure that
state air quality meets the national ambient air quality standards
established by EPA. These ambient standards are established under
section 109 of the CAA, and they currently address six criteria
pollutants. These pollutants are: Carbon monoxide, nitrogen dioxide,
ozone, lead, particulate matter, and sulfur dioxide.
    Each state must submit these regulations and control strategies to
us for approval and incorporation into the Federally-enforceable SIP.

    Each Federally-approved SIP protects air quality primarily by
addressing air pollution at its point of origin. These SIPs can be
extensive, containing state regulations or other enforceable documents
and supporting information such as emission inventories, monitoring
networks, and modeling demonstrations.

What is the Federal approval process for a SIP?

    In order for state regulations to be incorporated into the
Federally-enforceable SIP, states must formally adopt the regulations
and control strategies consistent with state and Federal requirements.
This process generally includes a public notice, public hearing, public
comment period, and a formal adoption by a state-authorized rulemaking
body.
    Once a state rule, regulation, or control strategy is adopted, the
state submits it to us for inclusion into the SIP. We must provide
public notice and seek additional public comment regarding the proposed
Federal action on the state submission. If adverse comments are
received, they must be addressed prior to any final Federal action by
us.
    All state regulations and supporting information approved by EPA
under section 110 of the CAA are incorporated into the Federally-
approved SIP. Records of such SIP actions are maintained in the Code of
Federal Regulations (CFR) at title 40, part 52, entitled ``Approval and
Promulgation of Implementation Plans.'' The actual state regulations
which are approved are not reproduced in their entirety in the CFR
outright but are ``incorporated by reference,'' which means that we
have approved a given state regulation with a specific effective date.

What are the criteria for approval of a maintenance plan?

    The Clean Air Act requires maintenance plans for areas which are
redesignated from nonattainment to attainment for a criteria pollutant.
The requirements for the approval and revision of a maintenance plan
are found in section 175A of the CAA. A maintenance plan must provide a
demonstration of continued attainment for 10 years after redesignation,
including the control measures relied upon, provide contingency
measures for the prompt correction of any violation of the standard,
provide for continued operation of an adequate ambient air quality
monitoring network, provide a means of tracking the progress of the
plan, and include the attainment emissions inventory. Section 175A(b)
requires a revision to the initial maintenance plan to demonstrate
continued attainment for 10 years after the initial 10-year period.

What does Federal approval of a state regulation mean to me?

    Enforcement of the state regulation before and after it is
incorporated into the Federally-approved SIP is primarily a state
responsibility. However, after the regulation is Federally approved, we
are authorized to take enforcement action against violators. Citizens
are also offered legal recourse to address violations as described in
section 304 of the CAA.

What is in the state's plan to maintain the standard?

    Background: A portion of Muscatine County, Iowa, was designated
nonattainment for the 24-hour SO2 NAAQS on March 10, 1994.
An attainment demonstration and control strategy SIP were approved by
EPA on December 1, 1997 (62 FR 63464). On March 19, 1998, EPA approved
a maintenance plan for the area, finding that it met the requirements
of section 175A of the Act, and redesignated the area from
nonattainment to attainment (63 FR 13343). The SIP revision addressed
below is a revision to this maintenance plan to address the requirement
of section 175A(b) for a second ten-year maintenance plan.
    Emission Inventory: Maintenance of the SO2 standard in
the Muscatine area was ensured through continued compliance with
emission reductions requirements as prescribed in construction permits
and incorporated and approved by EPA as revisions made to the SIP.
These measures have been highly effective and attainment will continue
to rely on ensuring that emissions are maintained at a level that is at
or below current allowable emission rates. Past, current and projected
emissions are included in the second 10-year plan. IDNR also reviewed
county-wide point source emissions, on-road sources, non-road, and area
sources into the current and projected level of SO2
emissions. Projected levels of SO2 emissions show decreased
levels with the exception of the area source inventory. This is due to
predicted increase in gas stations and dry cleaners but the increase is
more than off set by the decreases of other sectors. The emissions
inventory was reviewed by EPA technical personnel and was found to be
acceptable.
    Demonstration of Continued Attainment: The Iowa Department of
Natural Resources (IDNR) will continue to ensure the enforceable
emission limitations and operating conditions at the facilities,
included in the previous two federally-approved SIP revisions, are
enforced as necessary. Based on a review of the SO2 ambient
monitoring data collected since 1999, and an evaluation of predicted
future SO2 emissions for the area, IDNR has demonstrated
that no additional control measures are necessary to maintain the NAAQS
in Muscatine. The maintenance plan contains a detailed description of
emission limits and operating conditions at each facility which have
resulted in maintenance of the SO2 standard.
    Contingency Measures: The first maintenance plan identified three
facilities in the Muscatine area that were the primary source of
SO2 emissions. IDNR negotiated emission reductions with the
facilities and the reductions were incorporated into revised
construction permits which were submitted as part of the section 110
SIP revision and thus, were Federally enforceable. Contingency measures
for the second 10-year maintenance plan include mechanisms for
responding to monitored exceedances of the NAAQS and include reviewing
and regulating the allowable emissions for new and modified sources;
requiring reduction in emissions from sources contributing to an
exceedance of the NAAQS; ambient air quality monitoring, and emissions
monitoring. In the event of an exceedance of the NAAQS, IDNR will
conduct an investigation of the major SO2 emitters in the
area to determine if they are in compliance with permit conditions
limiting SO2 emissions, and other applicable regulatory
requirements. SO2 sources will be required to submit a
written report within 60 days detailing their operations on the day of
the exceedance if requested by the IDNR. (Violation of the 24-hour
SO2 standard was the basis for the previous nonattainment
designation for the area.) Owners and operators of sources emitting
SO2 will be required to determine possible causes of excess
emissions that may have contributed to the exceedance including
malfunctions and upset conditions. The analysis will include an
evaluation of the meteorological conditions prevailing at the time of
the exceedance. Depending on the circumstances of the incident, other
activities such as inspections, dispersions modeling, additional
monitors, or proposing more stringent emission limitations may be
necessary. The state commits to requiring implementation of any
additional control measures no later than 24 months after a NAAQS

violation. Because the existing control strategy has resulted in
readily quantifiable emissions reductions and has been adequate to
prevent violations of the SO2 NAAQS for more than 10 years
after redesignation, EPA concludes that these contingency measures to
address any subsequent violations are adequate to meet the requirements
of section 175A.
    Air Quality Monitoring: The current monitoring network operated by
IDNR consists of three monitors. The Iowa SIP submittal proposed to
discontinue two of these monitors as explained below. The Greenwood
Cemetery monitoring site has never recorded an exceedance of the NAAQS
for SO2 and the maximum values recorded at the site have
declined in recent years. During the last full year of data collection
(2005), the maximum value recorded at the site was 17% of the 24-hour
NAAQS. The maximum value recorded for the 3-hour averaging period and
the 2005 annual value were both 15% or less of the 3-hour and annual
NAAQS. Based on this information, IDNR has proposed to discontinue this
monitor. EPA has determined that discontinuance of this monitor is
acceptable.
    The second monitor is located at Muscatine Power and Water (MPW)
and, like the Greenwood Cemetery site, has never recorded an exceedance
of the NAAQS and the maximum recorded values at the site have also
declined. During 2005, the maximum value recorded at the site was 14%
of the 24-hour NAAQS; the maximum recorded 3-hour value was less than
14% of the 3-hour NAAQS, and the 2005 annual value was only 10% of the
annual NAAQS. Based on this information, IDNR has proposed to
discontinue this monitor. EPA has determined that discontinuance of
this monitor is acceptable.
    The third monitor is located at Musser Park and recorded multiple
exceedances prior to implementation of the emissions control strategy.
Since the control strategy was implemented, only one 24-hour exceedance
occurred which was on December 1, 1999, with a monitored value of 387.4
[mu]g/m\3\ (0.148 ppm). (The 24-hour SO2 NAAQS is 0.14 ppm,
not to be exceeded more than once per calendar year.) Maximum values
recorded at the site have declined in recent years. During the last
full year of data collection (2005) the maximum daily value recorded
was 52% of the 24-hour NAAQS. No exceedances of the 3-hour or annual
SO2 NAAQS have been recorded at this site. During 2005, the
3-hour value recorded at the site was 33% of the 3-hour NAAQS. The 2005
annual value was only 20% of the annual NAAQS. IDNR will continue to
monitor at this site. The monitoring plan proposed by IDNR continues to
meet the monitoring requirements of 40 CFR Part 58.
    Tracking the Progress of the Plan: An air quality modeling analysis
was performed to support the development of the control strategy for
the nonattainment area SIP. The inputs, procedures and results were
reviewed during the development of the maintenance plan demonstration
for the first 10-year maintenance plan, and a review for the second 10-
year plan concluded that no additional modeling was necessary. This
decision was supported by the Muscatine SO2 monitoring
network measurements which indicate no violations of the 24-hour
SO2 NAAQS since the maintenance plan period started.
    Any new or modified major stationary source constructed in the
state must comply with the state's Federally-approved New Source Review
program. For major source construction or modification, implementation
of the best available control technology provisions and completion of
the ambient air quality impact analyses and additional impacts
analyses, requirements of the Prevention of Significant Deterioration
program will ensure that new or modified sources in the maintenance
area, and in the vicinity of the maintenance area, are controlled to
the extent necessary to maintain the SO2 NAAQS.

What is being addressed in this document?

    EPA is approving the State Implementation Plan (SIP) revision
submitted by the state of Iowa for the purpose of establishing the
second 10-year maintenance plan for the SO2 NAAQS in
Muscatine, Iowa. This action will continue to ensure the measures in
the plan maintain the standard in Muscatine and remain in place as
Federal requirements.

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

    The state submittal has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The submittal also
satisfied the completeness criteria of 40 CFR part 51, appendix V. In
addition, as explained above and in more detail in the technical
support document which is part of this docket, the revision meets the
substantive SIP requirements of the CAA, including section 175A.

What action is EPA taking?

    EPA is approving the second 10-year maintenance plan for the
Muscatine, Iowa, area to maintain the SO2 NAAQS. We are
processing this action as a direct final action because the revisions
are noncontroversial. Therefore, we do not anticipate any adverse
comments. Please note that if EPA receives adverse comment on part of
this rule and if that part can be severed from the remainder of the
rule, EPA may adopt as final those parts of the rule that are not the
subject of an adverse comment.

Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4).
    This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power

and responsibilities established in the CAA. This rule also is not
subject to Executive Order 13045, ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997), because it approves a state rule implementing a Federal
standard.
    In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. In this
context, in the absence of a prior existing requirement for the State
to use voluntary consensus standards (VCS), EPA has no authority to
disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the CAA. Thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) do not apply. This rule does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by October 1, 2007. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.

    Dated: July 22, 2007.
John B. Askew,
Regional Administrator, Region 7.

0
Chapter I, title 40 of the Code of Federal Regulations is amended as
follows:

PART 52--[AMENDED]

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

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

Subpart Q--Iowa

0
2. In Sec.  52.820(e) the table is amended by adding an entry in
numerical order to read as follows:

Sec.  52.820  Identification of plan.

* * * * *
    (e) * * *

                                   EPA-Approved Iowa Nonregulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                     Applicable
   Name of nonregulatory SIP        geographic or         State       EPA approval date        Explanation
           provision             nonattainment area  submittal date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
(37) SO2 Maintenance Plan for    Muscatine.........      04/05/2007  08/01/2007 [insert  .......................
 the Second 10-year Period.                                           FR page number
                                                                      where the
                                                                      document begins].
----------------------------------------------------------------------------------------------------------------

[FR Doc. E7-14868 Filed 7-31-07; 8:45 am]

BILLING CODE 6560-50-P