[Federal Register Volume 87, Number 196 (Wednesday, October 12, 2022)]
[Rules and Regulations]
[Pages 61531-61534]
[FR Doc No: 2022-22129]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2021-0774; FRL-10239-01-OCSPP]

Dimethyl Sulfoxide; Exemption From the Requirement of a Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes an exemption from the requirement
of a tolerance for residues of dimethyl sulfoxide (CAS Reg. No. 67-68-
5) when used as an inert ingredient (solvent, co-solvent), in pesticide
formulations for pre-harvest applications, including post-emergence
use. Exponent, Inc., on behalf of Gaylord Chemical Company submitted a
petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA),
requesting an amendment to an existing tolerance exemption. This
regulation eliminates the need to establish a maximum permissible level
for residues of dimethyl sulfoxide for pre-harvest applications.

DATES: This regulation is effective October 12, 2022. Objections and
requests for hearings must be received on or before December 12, 2022,
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2021-0774, is available at
https://www.regulations.gov or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket) in the Environmental Protection
Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg.,
Rm. 3334, 1301 Constitution Ave. NW, Washington, DC 20460-0001. The
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room and OPP Docket is<PHONE_NUMBER>. For the latest status
information on EPA/DC services, docket access, visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Marietta Echeverria, Registration
Division (7505T), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; main telephone number:<PHONE_NUMBER>; email address:
[email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

B. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of 40 CFR
part 180 through the Office of the Federal Register's e-CFR site at
https://www.ecfr.gov/current/title-40.

C. How can I file an objection or hearing request?

    Under FFDCA section 408(g), 21 U.S.C. 346a(g), any person may file
an objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2021-0774 in the subject line on the first
page of your submission. All objections and requests for a hearing must
be in writing and must be received by the Hearing Clerk on or before
December 12, 2022. Addresses for mail and hand delivery of objections
and hearing requests are provided in 40 CFR 178.25(b), although the
Office of the Administrative Law Judges, which houses the Hearing
Clerk, encourages parties to file objections and hearing requests
electronically. See https://www.epa.gov/sites/default/files/2020-05/documents/2020-04-10_-_order_urging_electronic_service_and_filing.pdf.
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket. Information not marked confidential
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without
prior notice. Submit the non-CBI copy of your objection or hearing
request, identified by docket ID number EPA-HQ-OPP-

2021-0774, by one of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at https://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at https://www.epa.gov/dockets.

II. Petition for Exemption

    In the Federal Register of February 25, 2022 (87 FR 10760) (FRL-
9410-01), EPA issued a document pursuant to FFDCA section 408, 21
U.S.C. 346a, announcing the filing of a pesticide petition (PP IN-
11603) by Exponent, Inc., 1150 Connecticut Ave., Suite 1100,
Washington, DC 20036, on behalf of Gaylord Chemical Company, LLC, 106
Galeria Boulevard, Slidell, LA 70458. The petition requested that 40
CFR 180.920 be amended by modifying an exemption from the requirement
of a tolerance for residues of dimethyl sulfoxide (CAS Reg. No. 67-68-
5) by allowing its use as an inert ingredient (solvent, co-solvent) in
pesticide formulations applied for pre-harvest applications, including
post-emergence use. That document referenced a summary of the petition
prepared by Exponent, Inc. on behalf of Gaylord Chemical Company, the
petitioner, which is available in the docket, https://www.regulations.gov. There were no comments received in response to the
notice of filing.

III. Inert Ingredient Definition

    Inert ingredients are all ingredients that are not active
ingredients as defined in 40 CFR 153.125 and include, but are not
limited to, the following types of ingredients (except when they have a
pesticidal efficacy of their own): Solvents such as alcohols and
hydrocarbons; surfactants such as polyoxyethylene polymers and fatty
acids; carriers such as clay and diatomaceous earth; thickeners such as
carrageenan and modified cellulose; wetting, spreading, and dispersing
agents; propellants in aerosol dispensers; microencapsulating agents;
and emulsifiers. The term ``inert'' is not intended to imply
nontoxicity; the ingredient may or may not be chemically active.
Generally, EPA has exempted inert ingredients from the requirement of a
tolerance based on the low toxicity of the individual inert
ingredients.

IV. Aggregate Risk Assessment and Determination of Safety

    Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an
exemption from the requirement for a tolerance (the legal limit for a
pesticide chemical residue in or on a food) only if EPA determines that
the tolerance is ``safe.'' Section 408(b)(2)(A)(ii) of FFDCA defines
``safe'' to mean that ``there is a reasonable certainty that no harm
will result from aggregate exposure to the pesticide chemical residue,
including all anticipated dietary exposures and all other exposures for
which there is reliable information.'' This includes exposure through
drinking water and in residential settings but does not include
occupational exposure. Section 408(b)(2)(C) of FFDCA requires EPA to
give special consideration to exposure of infants and children to the
pesticide chemical residue in establishing a tolerance and to ``ensure
that there is a reasonable certainty that no harm will result to
infants and children from aggregate exposure to the pesticide chemical
residue. . . .''
    EPA establishes exemptions from the requirement of a tolerance only
in those cases where it can be clearly demonstrated that the risks from
aggregate exposure to pesticide chemical residues under reasonably
foreseeable circumstances will pose no appreciable risks to human
health. In order to determine the risks from aggregate exposure to
pesticide inert ingredients, the Agency considers the toxicity of the
inert in conjunction with possible exposure to residues of the inert
ingredient through food, drinking water, and through other exposures
that occur as a result of pesticide use in residential settings. If EPA
is able to determine that a finite tolerance is not necessary to ensure
that there is a reasonable certainty that no harm will result from
aggregate exposure to the inert ingredient, an exemption from the
requirement of a tolerance may be established.
    Consistent with FFDCA section 408(c)(2)(A), and the factors
specified in FFDCA section 408(c)(2)(B), EPA has reviewed the available
scientific data and other relevant information in support of this
action. EPA has sufficient data to assess the hazards of and to make a
determination on aggregate exposure for dimethyl sulfoxide including
exposure resulting from the exemption established by this action. EPA's
assessment of exposures and risks associated with dimethyl sulfoxide
follows.

A. Toxicological Profile

    The toxicological profile of dimethyl sulfoxide remains unchanged
from the Toxicological Profile in Unit IV.A. of the October 9, 2015,
rulemaking (80 FR 61125) (FRL-9934-17). Refer to that section for a
discussion of the toxicological profile of dimethyl sulfoxide.

B. Toxicological Points of Departure/Levels of Concern

    The toxicological points of departure/levels of concern of dimethyl
sulfoxide remains unchanged from the Toxicological Points of Departure/
Levels of Concern discussion in Unit IV.B. of the October 9, 2015,
rulemaking (80 FR 61125) (FRL-9934-17). No endpoints of concern were
identified. Refer to that section for a discussion of the toxicological
points of departure/levels of concern of dimethyl sulfoxide.

C. Exposure Assessment

    The exposure assessment for dimethyl sulfoxide remains unchanged
from the discussion in Unit IV.C. of the October 9, 2015, rulemaking
and supporting human health risk assessment (September 11, 2015). Refer
to that section for a discussion of the exposure assessment for
dimethyl sulfoxide.
    Cumulative effects from substances with a common mechanism of
toxicity. Section 408(b)(2)(D)(v) of FFDCA requires that, when
considering whether to establish, modify, or revoke a tolerance, the
Agency consider ``available information'' concerning the cumulative
effects of a particular pesticide's residues and ``other substances
that have a common mechanism of toxicity.''
    Based on the lack of toxicity in the available database, EPA has
not found dimethyl sulfoxide to share a common mechanism of toxicity
with any other substances, and dimethyl sulfoxide does not appear to
produce a toxic metabolite produced by other substances. For the
purposes of this tolerance exemption, therefore, EPA has assumed that
dimethyl sulfoxide does not have a common mechanism of toxicity with
other substances. For information regarding EPA's efforts to determine
which chemicals have a common mechanism of toxicity and to evaluate the
cumulative effects of such chemicals, see EPA's website at https://
www.epa.gov/pesticide-science-and-

assessing-pesticide-risks/cumulative-assessment-risk-pesticides.

D. Safety Factor for Infants and Children

    Section 408(b)(2)(C) of FFDCA provides that EPA shall apply an
additional tenfold (10X) margin of safety for infants and children in
the case of threshold effects to account for prenatal and postnatal
toxicity and the completeness of the database on toxicity and exposure
unless EPA determines based on reliable data that a different margin of
safety will be safe for infants and children. This additional margin of
safety is commonly referred to as the Food Quality Protection Act
(FQPA) Safety Factor (SF). In applying this provision, EPA either
retains the default value of 10X, or uses a different additional safety
factor when reliable data available to EPA support the choice of a
different factor.
    Because there are no threshold effects associated with dimethyl
sulfoxide, EPA conducted a qualitative assessment. As part of that
assessment, the Agency did not use safety factors for assessing risk,
and no additional safety factor is needed for assessing risk to infants
and children. Based on an assessment of dimethyl sulfoxide EPA has
concluded that there are no toxicological endpoints of concern for the
U.S. population, including infants and children.

E. Aggregate Risks and Determination of Safety

    The aggregate exposure assessment for dimethyl sulfoxide remains
unchanged from the discussion in Unit IV.E. of the October 9, 2015,
rulemaking and supporting human health risk assessment. Refer to that
section for a detailed discussion of the aggregate assessment for
dimethyl sulfoxide (these documents can be found at https://www.regulations.gov under docket ID numbers EPA-HQ-OPP-2014-0630 and
EPA-HQ-OPP-2021-00774). In summary, qualitative dietary, residential
and aggregate assessments were performed due to the lack of toxicity
endpoints of concern. There was no dietary, residential or aggregate
risks of concern for the U.S. population and all subpopulations. Based
on this human health risk assessment, an exemption from the requirement
of a tolerance was established for residues of dimethyl sulfoxide under
40 CFR 180.920 for use before crop emerges from soil or prior to
formation of edible parts of food plants; for pesticide formulations
used after crop emerges but before harvest. This limitation was based
on concerns regarding the chemical properties of dimethyl sulfoxide
that could result in increased active ingredient residues. However, the
petitioner submitted a comparative field trial residue study showing
that dimethyl sulfoxide as an inert ingredient in pesticide
formulations does not increase active ingredient residues. EPA has
concluded that the use of dimethyl sulfoxide as an inert ingredient in
pesticide formulations does not increase active ingredient residues;
nor is it expected to result in active ingredient residue levels that
exceed established tolerances. Therefore, since there is no concern for
increased active ingredient residues on treated crops due to dimethyl
sulfoxide and there are no endpoints of concern for dimethyl sulfoxide,
the qualitative dietary, non-dietary risk, and aggregate assessments
performed in 2015 are appropriate and remain unchanged. As a result,
the Agency has determined that a tolerance is not necessary to protect
public health.
    Therefore, based on the risk assessments and information described
above, EPA concludes there is a reasonable certainty that no harm will
result to the general population, or to infants and children, from
aggregate exposure to dimethyl sulfoxide.

V. Other Considerations

Analytical Enforcement Methodology

    An analytical method is not required for enforcement purposes since
the Agency is establishing an exemption from the requirement of a
tolerance without any numerical limitation.

VI. Conclusions

    Therefore, an exemption from the requirement of a tolerance is
established under 40 CFR 180.920 for dimethyl sulfoxide (CAS Reg. No.
67-68-5) when used as an inert ingredient (solvent, co-solvent) in
pesticide formulations pre-harvest applications, including post-
emergence use.

VII. Statutory and Executive Order Reviews

    This action establishes a tolerance exemption under FFDCA section
408(d) in response to a petition submitted to the Agency. The Office of
Management and Budget (OMB) has exempted these types of actions from
review under Executive Order 12866, entitled ``Regulatory Planning and
Review'' (58 FR 51735, October 4, 1993). Because this action has been
exempted from review under Executive Order 12866, this action is not
subject to Executive Order 13211, entitled ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997). This action does not contain any
information collections subject to OMB approval under the Paperwork
Reduction Act (PRA) (44 U.S.C. 3501 et seq.), nor does it require any
special considerations under Executive Order 12898, entitled ``Federal
Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations'' (59 FR 7629, February 16, 1994).
    Since tolerances and exemptions that are established on the basis
of a petition under FFDCA section 408(d), such as the tolerance
exemption in this final rule, do not require the issuance of a proposed
rule, the requirements of the Regulatory Flexibility Act (RFA) (5
U.S.C. 601 et seq.), do not apply.
    This action directly regulates growers, food processors, food
handlers, and food retailers, not States or Tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). As such, the Agency has determined that
this action will not have a substantial direct effect on States or
Tribal Governments, on the relationship between the National Government
and the States or Tribal Governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian Tribes. Thus, the Agency has
determined that Executive Order 13132, entitled ``Federalism'' (64 FR
43255, August 10, 1999) and Executive Order 13175, entitled
``Consultation and Coordination with Indian Tribal Governments'' (65 FR
67249, November 9, 2000) do not apply to this action. In addition, this
action does not impose any enforceable duty or contain any unfunded
mandate as described under Title II of the Unfunded Mandates Reform Act
(UMRA) (2 U.S.C. 1501 et seq.).
    This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) (15 U.S.C. 272 note).

VIII. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
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. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.

    Dated: October 5, 2022.
Marietta Echeverria,
Acting Director, Registration Division, Office of Pesticide Programs.

    Therefore, for the reasons stated in the preamble, EPA is amending
40 CFR part 180 as follows:

PART 180--TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES
IN FOOD

0
1. The authority citation for part 180 continues to read as follows:

    Authority: 21 U.S.C. 321(q), 346a and 371.

0
2. In Sec.  180.920, amend table 1 by:
0
a. Removing the entry for ``Dimethyl sulfoxide''; and
0
b. Revising the entry ``Dimethyl sulfoxide (CAS Reg. No. 67-68-5)''.
    The revision reads as follows:

Sec.  180.920   Inert ingredients used pre-harvest; exemptions from the
requirement of a tolerance.

* * * * *

                           Table 1 to 180.920
------------------------------------------------------------------------
         Inert ingredients              Limits              Uses
------------------------------------------------------------------------

                              * * * * * * *
Dimethyl sulfoxide (CAS Reg. No.    ..............  Solvent/co-solvent.
 67-68-5).

                              * * * * * * *
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[FR Doc. 2022-22129 Filed 10-11-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 94 (Monday, May 16, 2016)]
[Rules and Regulations]
[Page 30178]
[FR Doc No: 2016-11495]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2016-0392]

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

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the Montlake Bridge across the Lake
Washington Ship Canal, mile 5.2, at Seattle, WA. The deviation is
necessary to accommodate the University of Washington, and University
of Washington Bothell commencement ceremony traffic. This deviation
allows the bridge to remain in the closed-to-navigation position to
accommodate the timely movement of vehicular traffic.

DATES: This deviation is effective from 9:30 a.m. on June 11, 2016 to
6:15 p.m. on June 12, 2016.

ADDRESSES: The docket for this deviation, [USCG-2016-0392] 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.

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>
SUPPLEMENTARY INFORMATION: The University of Washington, through the
Washington Department of Transportation, has requested that the
Montlake Bridge bascule span remain in the closed-to-navigation
position, and need not open to marine traffic to facilitate timely
movement of commencement vehicular traffic.
    The Montlake Bridge across the Lake Washington Ship Canal, at mile
5.2, in the closed position provides 30 feet of vertical clearance
throughout the navigation channel, and 46 feet of vertical clearance
throughout the center 60-feet of the bridge; vertical clearance
references to the Mean Water Level of Lake Washington. The normal
operating schedule for Montlake Bridge operates in accordance with 33
CFR 117.1051(e).
    The deviation period is from 9:30 a.m. to 12:30 p.m. and from 4:30
p.m. to 6:30 p.m. on June 11, 2016; and from 11:45 a.m. to 1:45 p.m.
and from 4:15 p.m. to 6:15 p.m. on June 12, 2016. The deviation allows
the bascule span of the Montlake Bridge to remain in the closed-to-
navigation position for the times and dates herein. 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-to-navigation
position may do so at anytime. The bridge will be able to open for
emergencies and there is no immediate alternate route for marine
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: May 10, 2016.
Steven M. Fischer,
Bridge Administrator, Thirteenth Coast Guard District.
[FR Doc. 2016-11495 Filed 5-13-16; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 86, Number 11 (Tuesday, January 19, 2021)]
[Notices]
[Pages 5302-5303]
[FR Doc No: 2021-00957]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 34170; 812-15182]

Invesco Capital Management LLC, et al.

January 12, 2021.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of an application to amend a prior order for exemptive
relief.

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Summary of Application:  Applicants request an order (``Amended
Order'') that would amend a prior order to permit the Funds, as defined
below, to use Creation Baskets (as defined below) that include
instruments that are not included, or are included with different
weightings, in the Fund's Substitute Basket (as defined below).

Applicants:  Invesco Capital Management LLC, Invesco Actively Managed
Exchange-Traded Fund Trust and Invesco Distributors, Inc.

Filing Dates:  The application was filed on December 1, 2020, and
amended on December 7, 2020.

Hearing or Notification of Hearing: An order granting the requested
relief will be issued unless the Commission orders a hearing.
Interested persons may request a hearing by emailing the Commission's
Secretary at<EMAIL_ADDRESS>and serving Applicants with a
copy of the request by email. Hearing requests should be received by
the Commission by 5:30 p.m. on February 8, 2021 and should be
accompanied by proof of service on the Applicants, in the form of an
affidavit, or, for lawyers, a certificate of service. Pursuant to rule
0-5 under the Investment Company Act of 1940 (``Act''), hearing
requests should state the nature of the writer's interest, any facts
bearing upon the desirability of a hearing on the matter, the reason
for the request, and the issues contested. Persons who wish to be
notified of a hearing may request notification by emailing to the
Commission's Secretary at<EMAIL_ADDRESS>
ADDRESSES:
    The Commission<EMAIL_ADDRESS>    Applicants<EMAIL_ADDRESS>91e1f0e4fdf8e5f0bfe1f8faf4d1e3fee1f4e2f6e3f0e8bff2fefc and
<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Marc Mehrespand, Senior Counsel; Trace
Rakestraw, Branch Chief, at<PHONE_NUMBER> (Division of Investment
Management, Chief Counsel's Office).

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

I. Introduction

    1. On December 2, 2020, the Commission issued an order (``Prior
Order'') \1\ under section 6(c) of the Act for an exemption from
sections 2(a)(32), 5(a)(1), 22(d), and 22(e) of the Act and rule 22c-1
under the Act, under sections 6(c) and 17(b) of the Act for an
exemption from sections 17(a)(1) and 17(a)(2) of the Act. The Prior
Order permitted Applicants to introduce a novel type of actively-
managed exchange-traded fund (``ETF'') that is not required to disclose
its portfolio holdings on a daily basis (each, a ``Fund''). Rather,
pursuant to the Prior Order, each Business Day \2\ a Fund publishes a
basket of securities and cash that, while different from the Fund's
portfolio, is designed to closely track its daily performance (the
``Substitute Basket'').
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    \1\ See Invesco Capital Management LLC, et al., Investment
Company Act Release No. 34087 (Nov. 6, 2020) (notice) and Investment
Company Act Release No. 34127 (Dec. 2, 2020) (order). Except as
specifically noted in the application, all representations and
conditions contained in the application previously submitted with
the Commission (File No. 812-15070), as amended and restated, and
filed with the Commission on November 6, 2020 (the ``Prior
Application'') remain applicable to the operation of the Funds and
will apply to any Funds relying on the Amended Order.
    \2\ All capitalized terms not otherwise defined in this notice
have the meanings ascribed to them in the Prior Application.
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    2. Pursuant to the Prior Order, a Fund sells and redeems its shares
(``Shares'') only in Creation Units and generally on an in-kind basis.
Purchasers are required to purchase Creation Units by making a deposit
of Deposit Instruments and shareholders redeeming their Shares receive
a transfer of Redemption Instruments.\3\ Under the Prior Order, the
names and quantities of the instruments that constitute the Deposit
Instruments and the Redemption Instruments for a Fund (collectively,
the ``Creation Basket'') are the same as the Fund's Substitute Basket,
except to the extent purchases and redemptions are made entirely or in
part on a cash basis.
---------------------------------------------------------------------------

    \3\ Deposit Instruments and Redemption Instruments may include
cash and/or securities.
---------------------------------------------------------------------------

    3. Applicants now seek to amend the Prior Order to, in effect, give
the Funds the same flexibility with respect to Creation Basket
composition as afforded to ETFs relying on rule 6c-11.\4\ More
specifically, Applicants have requested that the Funds be allowed to
use Creation Baskets that include instruments that are not included, or
are included with different weightings, in the Fund's Substitute
Basket.
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    \4\ The Funds are not be able to operate in reliance on rule 6c-
11 because they do not disclose their portfolio holdings on a daily
basis as required by the rule. See rule 6c-11(c)(1)(i) (requiring an
ETF to disclose prominently on its website, publicly available and
free of charge, the portfolio holdings that will form the basis for
each calculation of NAV per share).
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II. The Application

A. Applicants' Proposal

    4. Upon amending the Prior Order, the names and quantities of the
instruments that may constitute a Creation Basket will generally be the
same as the Fund's Substitute Basket, but a Fund may accept Creation
Baskets that differ from the Substitute Basket. Each Business Day,
before the open of trading on the Exchange where a Fund is listed, the
Fund will publish on its website the composition of any Creation Basket
exchanged with an authorized participant on the previous Business Day
that differed from such Business Day's Substitute Basket other than
with respect to cash.
    5. Applicants represent that, for portfolio management or other
reasons, the Funds may determine that it is desirable to use Creation
Baskets that differ from the Substitute Basket (beyond cash
substitutions). For example, a Fund may want to use a Creation Basket
that contains instruments that are not included in a Fund's Substitute
Basket if the Adviser

or Sub-Adviser seeks to add an instrument to the Fund's then-current
portfolio (``Actual Portfolio'') without incurring transaction costs
associated with the purchase of the instrument for cash. Similarly, if
the Adviser or Sub-Adviser decides to sell an instrument from a Fund's
Actual Portfolio, the instrument may be included in a Creation Basket
with the expectation that the Fund will deliver it in-kind during a
redemption transaction.
    6. The Funds will use the requested basket flexibility only in
circumstances under which Applicants believe there will be no harm to
the Funds or their shareholders, and in order to benefit the Funds and
their shareholders by reducing costs, increasing efficiency and
improving trading.
    7. Pursuant to condition 10 herein, each Fund will adopt and
implement written policies and procedures regarding the construction of
its Creation Baskets in accordance with rule 6c-11 under the Act. For
purposes of the requirement to comply with the policies and procedures
provision in rule 6c-11, only Creation Baskets that differ from a
Fund's Substitute Basket will be treated as a ``custom basket'' under
rule 6c-11(c)(3).
    8. Furthermore, pursuant to condition 9 herein, each Fund will
comply with the recordkeeping requirements of rule 6c-11.\5\ For
purposes of the requirement to comply with the recordkeeping provision
in rule 6c-11, only Creation Baskets different from a Fund's Substitute
Basket will be treated as a ``custom basket'' under rule 6c-
11(d)(2)(ii).
---------------------------------------------------------------------------

    \5\ Pursuant to condition 9, each Fund will also maintain and
preserve a copy of the Substitute Basket published on the Fund's
website for each Business Day and a copy of each Creation Basket
made available.
---------------------------------------------------------------------------

B. Considerations Relating to the Requested Relief

    9. Applicants represent that the ability to utilize a Creation
Basket that includes instruments that are not included, or are included
with different weightings, in a Fund's Substitute Basket, or are
included in different weightings, does not raise any new policy
concerns about reverse engineering of a Fund's portfolio, self-dealing
or overreaching, or selective disclosure beyond those concerns
addressed in connection with the Prior Order.
    10. Reverse Engineering. Applicants acknowledge that, by using a
Creation Basket that includes instruments that are not included in a
Fund's Substitute Basket, or are included in different percentages, and
by publishing such Creation Basket on its website, the Fund would
provide market participants with additional information about which
instruments it adds or removes from the Fund's Actual Portfolio.
However, Applicants represent that they will operate the Funds in a
manner designed to minimize the risk of reverse engineering and, for
the reasons set forth in the application, believe successful front-
running or free-riding is highly unlikely.
    11. Self-Dealing or Overreaching. Applicants state that authorized
participants and other market participants will not have the ability to
disadvantage the Funds by manipulating or influencing the composition
of Creation Baskets, including those that differ from the Substitute
Basket. Like the basket and custom basket policies and procedures
required of ETFs by rule 6c-11, the Funds will adopt and implement
written policies and procedures that govern the construction of
Creation Baskets and the process that will be used for the acceptance
of Creation Baskets to safeguard the best interests of the Funds and
their shareholders.\6\
---------------------------------------------------------------------------

    \6\ See Exchange-Traded Funds, Investment Company Act Release
No. 33646 (Sept. 25, 2019) (``ETF Adopting Release''), at 80-94
(discussion of rule 6c-11 requirement for ETF policies and
procedures concerning basket construction and acceptance and
heightened policies and procedures for custom baskets).
---------------------------------------------------------------------------

    12. Selective Disclosure. The Funds and each person acting on
behalf of the Funds will continue to be required to comply with
Regulation Fair Disclosure as if it applied to them (except that the
exemptions provided in rule 100(b)(2)(iii) therein shall not apply).
Applicants believe that the new Creation Basket flexibility being
sought by the Applicants does not raise any new concerns about
selective disclosure of non-public material information. First, a
Fund's use of, or conversations with authorized participants about,
Creation Baskets that would result in such disclosure would effectively
be limited by the Funds' obligation to comply with Regulation Fair
Disclosure. Second, as noted above, each Business Day, before the open
of trading on the Exchange where a Fund is listed, the Fund will
publish on its website the composition of any basket accepted by the
Fund on the previous Business Day that differed from such Business
Day's Substitute Basket other than with respect to cash.

III. Requested Exemptive Relief

    For the reasons stated above, Applicants believe that the Prior
Order, as amended, continues to meet the relevant standards for relief
pursuant to section 6(c) of the Act for an exemption from sections
2(a)(32), 5(a)(1), 22(d), and 22(e) of the Act and rule 22c-1 under the
Act, and under sections 6(c) and 17(b) of the Act for an exemption from
sections 17(a)(1) and 17(a)(2) of the Act.

IV. Applicants' Conditions

    Applicants agree that the Amended Order granting the requested
relief will be subject to all of the conditions in the Prior Order,
except that condition 9 of the Prior Order is deleted in its entirety
and replaced with the conditions 9-10 as follows:
    9. Each Fund will comply with the recordkeeping requirements of
rule 6c-11 under the Act, as amended, except that for purposes of this
condition, only Creation Baskets different from the Fund's Substitute
Basket will be treated as a ``custom basket'' under rule 6c-
11(d)(2)(ii). In addition, each Fund will maintain and preserve, for a
period of not less than five years, in an easily accessible place, (i)
a copy of the Substitute Basket published on the Fund's website for
each Business Day; and (ii) a copy of each Creation Basket made
available.
    10. Each Fund will adopt and implement written policies and
procedures that govern the construction of Creation Baskets, as
required under rule 6c-11(c)(3) under the Act, as amended, except that
for purposes of this condition, only Creation Baskets different from
the Fund's Substitute Basket will be treated as a ``Custom Basket''.
The Fund's basket policies and procedures will be covered by the Fund's
compliance program and other requirements under rule 38a-1 under the
Act, as amended.

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-00957 Filed 1-15-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: July 17, 2008 (Volume 73, Number 138)]
[Notices]
[Page 41138]
[DOCID:fr17jy08-135]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release Nos. 33-8942; 34-58146; File No. 265-24]

Advisory Committee on Improvements to Financial Reporting

AGENCY: Securities and Exchange Commission.

ACTION: Notice of Meeting of SEC Advisory Committee on Improvements to
Financial Reporting.

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SUMMARY: The Securities and Exchange Commission Advisory Committee on
Improvements to Financial Reporting is providing notice that it will
hold a public telephone conference meeting on Thursday, July 31, 2008
beginning at 1 p.m. Members of the public may take part in the meeting
by listening to the Webcast accessible on the Commission's Web site at
http://www.sec.gov or by calling telephone number<PHONE_NUMBER> and
using code number 578070. Persons needing special accommodations to
take part because of a disability should notify a contact person listed
below.
    The agenda for the meeting includes adoption of the Committee's
final report to the Commission. The Committee may also discuss written
statements received and other matters of concern. The public is invited
to submit written statements for the meeting, including any comments on
the draft final report discussed at the Committee's July 11, 2008 open
meeting available at http://www.sec.gov/about/offices/oca/acifr.shtml.

DATES: Written statements should be received on or before July 22,
2008.

ADDRESSES: Written statements may be submitted by any of the following
methods:

Electronic Comments

     Use the Commission's Internet submission form (http://
www.sec.gov/rules/other.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number 265-24 on the subject line.

Paper Comments

     Send paper statements in triplicate to Florence E. Harmon,
Acting Federal Advisory Committee Management Officer, Securities and
Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090.

All submissions should refer to File No. 265-24. This file number
should be included on the subject line if e-mail is used. To help us
process and review your statements more efficiently, please use only
one method. The Commission staff will post all statements on the
Advisory Committee's Web site (http://www.sec.gov/about/offices/oca/
acifr.shtml). Statements and comments also will be available for public
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. All statements received will be posted
without change; we do not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly.

FOR FURTHER INFORMATION CONTACT: James L. Kroeker, Deputy Chief
Accountant, or Shelly C. Luisi, Senior Associate Chief Accountant, at
(202) 551-5300, Office of the Chief Accountant, Securities and Exchange
Commission, 100 F Street, NE., Washington, DC 20549-6561.

SUPPLEMENTARY INFORMATION: In accordance with Section 10(a) of the
Federal Advisory Committee Act, 5 U.S.C. App. 1, Sec.  10(a), James L.
Kroeker, Designated Federal Officer of the Committee, has approved
publication of this notice.

    Dated: July 11, 2008.
Florence E. Harmon,
Acting Committee Management Officer.
 [FR Doc. E8-16351 Filed 7-16-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: October 8, 2010 (Volume 75, Number 195)]
[Notices]
[Page 62384-62386]
[DOCID:fr08oc10-33]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2010-0367; FRL-9211-9]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; NSPS for New Residential Wood
Heaters (Renewal), EPA ICR Number 1176.09, OMB Control Number 2060-0161

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.), this document announces that an Information Collection
Request (ICR) has been forwarded to the Office of Management and Budget
(OMB) for review and approval. This is a request to renew an existing
approved collection. The ICR which is abstracted below describes the
nature of the collection and the estimated burden and cost.

DATES: Additional comments may be submitted on or before November 8,
2010.

ADDRESSES: Submit your comments, referencing docket ID number EPA-HQ-
OECA-2010-0367 to (1) EPA online using http://www.regulations.gov (our
preferred method), or by e-mail to<EMAIL_ADDRESS>or by mail to:
EPA Docket Center (EPA/DC), Environmental Protection Agency,
Enforcement and Compliance Docket and Information Center, mail code
28221T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, and (2)
OMB at: Office of Information and Regulatory Affairs, Office of
Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th
Street, NW., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Learia Williams, Compliance Assessment
and Media Programs Division, Office of Compliance, Mail Code 2223A,
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW.,
Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax number:
(202) 564-0050; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On June 2, 2010 (75 FR 30813), EPA sought comments on this ICR
pursuant to 5 CFR 1320.8(d). EPA received no comments. Any additional
comments on this ICR should be submitted to EPA and OMB within 30 days
of this notice.

    EPA has established a public docket for this ICR under docket ID
number EPA-HQ-OECA-2010-0367, which is available for public viewing
online at http://www.regulations.gov, in person viewing at the
Enforcement and Compliance Docket in the EPA Docket Center (EPA/DC),
EPA West, Room 3334, 1301 Constitution Avenue, NW., Washington, DC. The
EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Reading Room is<PHONE_NUMBER>, and the telephone number
for the Enforcement and Compliance Docket is<PHONE_NUMBER>.
    Use EPA's electronic docket and comment system at http://
www.regulations.gov, to submit or view public comments, access the
index listing of the contents of the docket, and to access those
documents, whether submitted electronically or in paper will be made
available for public viewing at http://www.regulations.gov, as EPA
receives them and without change, unless the comment contains
copyrighted material, Confidential Business Information (CBI), or other
information whose public disclosure is restricted by statute. For
further information about in the docket that are available
electronically. Once in the system, select ``docket search,'' then key
in the docket ID number identified above. Please note that EPA's policy
is that public comments the electronic docket, go to http://
www.regulations.gov.
    Title: NSPS for New Residential Wood Heaters (Renewal).
    ICR Numbers: EPA ICR Number 1176.09, OMB Control Number 2060-0161.
    ICR Status: This ICR is schedule to expire on December 31, 2010.
Under OMB regulations, the Agency may continue to conduct or sponsor
the collection of information while this submission is pending at OMB.
An agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless it displays a currently
valid OMB control number. The OMB control numbers for EPA's regulations
in title 40 of the CFR, after appearing in the Federal Register when
approved, are listed in 40 CFR part 9, and displayed either by
publication in the Federal Register or by other appropriate means, such
as on the related collection instrument or form, if applicable. The
display of OMB control numbers in certain-EPA regulations is
consolidated in 40 CFR part 9.
    Abstract: The New Source Performance Standard for New Residential
Wood Heaters was proposed on February 18, 1987, and promulgated on
February 26, 1988. This standard applies to each wood heater either
manufactured on or after July I, 1988, or sold at retail on or after
July 1, 1990. Wood heaters manufactured on or after July 1, 1990, or
sold at retail on or after July 1, 1992, must meet more stringent
emission standards. Approximately 54 manufacturers, 875 retailers, and
5 certification laboratories are currently subject to the regulations.
It is estimated that no additional sources will become subject to the
standard over the next three years. Particulate Matter (PM) is the
pollutant regulated under the standard.
    Two features of this rulemaking are unique to the New Source
Performance Standard (NSPS) program. First, these standards were
negotiated by representatives of groups affected by the NSPS, including
those groups which are burdened by the information collection
activities. These representatives judged none of these activities
unreasonable. The affected groups recommended some of these provisions
as a means of promoting an efficient and smooth running certification
and enforcement program. Second, these regulations established a
certification program instead of the usual NSPS requirement that each
affected facility demonstrated compliance through new source review and
testing. Under this certification program, a single wood heater is
tested to demonstrate compliance for an entire model line which could
consist of thousands of stoves. The certification approach
significantly reduces the compliance burden, including information
collection, for the manufacturers of wood heaters. Because of the
potential risks to the environment from the intentional or accidental
misuse of the certification approach, there were several safeguards
included, some of which entail reporting and recordkeeping.
    Under this regulation, wood heater manufacturers, testing
laboratories, and retailers are required to submit reports to EPA and/
or to maintain records for demonstrating compliance with the NSPS.
    The information supplied by the manufacturer to the Agency is used
to: (1) Ensure that Best Demonstrated Technology is being applied to
reduce emissions from wood heaters; (2) ensure that the wood heater
tested for certification purposes is in compliance with the applicable
emission standards; (3) provide assurance that interested production
model heaters have emission performance characteristics similar to
tested models; and (4) provide an indicator of continued compliance.
    Information supplied to the Agency by testing laboratories is used
to either grant or to deny laboratory accreditation, and to assist in
enforcement and compliance activities. Information requested by the
Agency from manufacturers is used to determine compliance with
requirements that are based upon volume of production.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB Control Number. The OMB Control Number for EPA's
regulations are list in 40 CFR part 9 and 48 CFR chapter 15, and are
identified on the form and/or instrument, if applicable.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 51
hours per response. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purpose of
collecting, validating, and verifying information, processing and
maintaining, information, and disclosing and providing information. All
existing ways will have to adjust to comply with any previously
applicable instructions and requirements that have subsequently
changed; train personnel to be able to respond to a collection of
information; search data sources; complete and review the collection of
information; and transmit or otherwise disclose the information.
    Respondents/Affected Entities: New residential wood heaters.
    Estimated Number of Respondents: 934.
    Frequency of Response: On occasion.
    Estimated Total Annual Hour Burden: 9,729.
    Estimated Total Annual Cost: $2,260,853, which includes $912,853 in
labor costs, $1,345,500 in capital/startup costs, and $2,500 in
operation and maintenance (O&M) costs.
    Changes in the Estimates: There is no increase in the number of
affected facilities or the number of responses compared to the previous
ICR. There is however, an increase in the estimated labor burden hours
of one hour, as currently identified in the OMB Inventory of Approved
Burdens, due to rounding of the calculations. This increase is not due
to any program changes. We also updated the labor

rates, which resulted in an increase in labor cost.

    Dated: October 4, 2010.
John Moses,
Director, Collection Strategies Division.
[FR Doc. 2010-25428 Filed 10-7-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 144 (Monday, July 27, 2020)]
[Rules and Regulations]
[Pages 45066-45069]
[FR Doc No: 2020-16166]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-1123; Product Identifier 2017-SW-013-AD; Amendment
39-21176; AD 2020-15-13]
RIN 2120-AA64

Airworthiness Directives; Airbus Helicopters Deutschland GmbH
Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2017-02-07
for Airbus Helicopters Deutschland GmbH (Airbus Helicopters) Model MBB-
BK 117 C-2 and Model MBB-BK 117 D-2 helicopters. AD 2017-02-07 required
a repetitive inspection and a one-time torque of each hydraulic module
plate assembly attachment point (attachment point). This new AD retains
the initial inspection and torque requirements of AD 2017-02-07 and
requires replacing the attachment point hardware. This AD was prompted
by a terminating action has been developed to address the unsafe
condition. The actions of this AD are intended to address an unsafe
condition on these products.

DATES: This AD is effective August 31, 2020.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of August 31,
2020.

ADDRESSES: For service information identified in this final rule,
contact Airbus Helicopters, 2701 N Forum Drive, Grand Prairie, TX
75052; telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax<PHONE_NUMBER>; or at
https://www.airbus.com/helicopters/services/technical-support.html. You
may view this referenced service information at the FAA, Office of the
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321,
Fort Worth, TX 76177. It is also available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2017-
1123.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov in Docket No. FAA-2017-1123; 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 AD, the European Aviation
Safety Agency (now European Union Aviation Safety Agency) (EASA) AD,
any service information that is incorporated by reference, any comments
received, and other information. The street 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.

FOR FURTHER INFORMATION CONTACT: Matt Fuller, AD Program Manager,
Continued Operational Safety Branch, Airworthiness Products Section,
General Aviation and Rotorcraft Unit, FAA, 10101 Hillwood Pkwy., Fort
Worth, TX 76177; telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    The FAA issued a supplemental notice of proposed rulemaking (SNPRM)
to amend 14 CFR part 39 to supersede AD 2017-02-07, Amendment 39-18786
(82 FR 10267, February 10, 2017) (``AD 2017-02-07''). AD 2017-02-07
applied to Airbus Helicopters Model MBB-BK 117 C-2 helicopters, serial
numbers up to and including 9750, and Model MBB-BK 117 D-2 helicopters,
serial numbers up to and including 20110, with a hydraulic module plate
assembly part number B291M0003103 with a single locking attachment
point installed. The SNPRM published in the Federal Register on
February 27, 2020 (85 FR 11315). The FAA preceded the SNPRM with a
notice of proposed rulemaking (NPRM) that published in the Federal
Register on December 5, 2017 (82 FR 57390). The NPRM proposed to retain
the initial inspection and torque requirements of AD 2017-

02-07 and require replacing each single locking attachment point
mechanism with a double locking attachment point mechanism. The SNPRM
proposed to add a requirement to reposition the aft grounding straps
and inspect the clamping effect of the aft attachment points when the
double locking attachment hardware is installed, and for helicopters
that have previously installed the double locking attachment hardware,
the SNPRM proposed to add an alternative clamp effect inspection
requirement. The SNPRM also corrected the torque application
requirement proposed in the NPRM to just each forward (not aft)
attachment point.
    The NPRM was prompted by EASA AD No. 2017-0047, dated March 13,
2017, issued by EASA, which is the Technical Agent for the Member
States of the European Union, to correct an unsafe condition on Airbus
Helicopters Deutschland GmbH (formerly Eurocopter Deutschland GmbH)
Model MBB-BK117 C-2, MBB-BK117 C-2e, MBB-BK117 D-2 and MBB-BK117 D-2m
helicopters. EASA advises that the hydraulic plate assembly on certain
MBB-BK117 models has four attachment points on the fuselage secured by
a single locking mechanism. According to EASA, a design reassessment
revealed stiffness of the hydraulic plate may be insufficient to
withstand the in-service loads in the event one of the four single
locking attachment points fails. The EASA AD requires a repetitive
inspection and one-time torque tightening of the attachment points
until replacement of the single locking attachment hardware with double
locking attachment hardware.

Comments

    The FAA gave the public the opportunity to participate in
developing this final rule. The FAA has considered the comment
received. One commenter commented in support of the SNPRM.

FAA's Determination

    The FAA has reviewed the relevant information and determined that
an unsafe condition exists and is likely to exist or develop on other
helicopters of these same type designs and that air safety and the
public interest require adopting the AD requirements as proposed.

Differences Between this AD and the EASA AD

    The EASA AD specifies performing the visual inspection of each
attachment point at intervals not exceeding 400 flight hours. This AD
does not require a repetitive inspection. This AD requires the
replacement of each single locking attachment point mechanism with a
double locking attachment point mechanism within 300 hours TIS instead,
which makes subsequent inspections unnecessary. Since EASA has not
revised or superseded its AD to incorporate Revision 3 of the service
information, the EASA AD does not require inspecting the clamping
effect of the aft joints, torque tightening the bolts, and corrective
action if necessary for helicopters with a hydraulic module plate
assembly with double locking attachment hardware installed in
accordance with Airbus Helicopters Alert Service Bulletin (ASB) No. ASB
MBB-BK117 C-2-29A-003 or ASB No. ASB MBB-BK117 D-2-29A-001, both
Revision 2 and dated February 1, 2017.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Airbus Helicopters ASB No. ASB MBB-BK117 C-2-29A-
003 for Model MBB-BK 117 C-2 helicopters and ASB No. ASB MBB-BK117 D-2-
29A-001 for Model MBB-BK 117 D-2 helicopters, both Revision 3 and dated
December 19, 2017. Until the attachment points are modified with double
locking attachment mechanisms, this service information specifies a
repetitive visual inspection for condition and correct installation of
the attachment points and replacing the affected parts if there is a
crack. This service information also specifies a tightening torque
check of the forward attachment points after the initial inspection and
replacing the affected parts if torque cannot be applied. This service
information specifies procedures to replace the single locking
attachment hardware with double locking attachment hardware.
    For certain helicopters with a hydraulic module plate assembly with
the double locking attachment hardware installed, this revision of the
service information contains procedures to inspect the clamping effect
of the aft attachment points and torque tightening the screw joints
(bolts). If a bolt can be turned while applying this torque, the
service information specifies instructions to replace the split pin,
washer, and self-locking castellated nut, check the bolt for wear and
replace it if necessary, change the position of the aft grounding
strap, check the electrical bonding, and apply PU-Lacquer to the
grounding connection.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Other Related Service Information

    The FAA also reviewed Airbus Helicopters ASB No. ASB MBB-BK117 C-2-
29A-003 for Model MBB-BK 117 C-2 helicopters and ASB No. ASB MBB-BK117
D-2-29A-001 for Model MBB-BK 117 D-2 helicopters, both Revision 1 and
dated October 14, 2016, and both Revision 2 and dated February 1, 2017.
Revisions 1 and 2 of this service information contain the same visual
inspection and torque tightening check procedures as Revision 3.
Revision 2 of this service information adds the procedures to replace
the single locking attachment hardware with double locking attachment
hardware and contains the same forward locking attachment hardware
replacement procedures as Revision 3.

Costs of Compliance

    The FAA estimates that this AD affects 167 helicopters of U.S.
Registry. The FAA estimates that operators may incur the following
costs in order to comply with this AD. The FAA estimates the cost of
labor at $85 per work-hour.
    Visually inspecting the four attachment points takes about 0.75
work-hour for an estimated cost of $64 per helicopter and $10,688 for
the U.S. fleet. Inspecting the torque of the attachment points takes
about 0.25 work-hour for an estimated cost of $21 per helicopter and
$3,507 for the U.S. fleet. Replacing any of the attachment point parts
takes a minimal amount of time and parts cost about $48 per attachment
point. Installing four double locking attachment point mechanisms takes
a minimal amount of time and parts cost about $400 per helicopter and
$66,800 for the U.S. fleet.
    For certain double locking attachment hardware aft joints,
inspecting the clamping effect and applying torque takes about 1 work-
hour for an estimated cost of $85 per helicopter. If required,
inspecting and replacing parts, repositioning the aft grounding strap,
inspecting the electrical bonding, and applying lacquer to the
grounding connection takes about 0.5 work-hour and parts cost about $15
for an estimated cost of $58 per helicopter.
    According to Airbus Helicopters' service information, some of the
costs of this AD may be covered under warranty, thereby reducing the
cost impact on affected individuals. The FAA does not control warranty
coverage by Airbus Helicopters. Accordingly, the FAA has included all
costs in this cost estimate.

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

    The FAA has determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866,
    2. 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.

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD)
2017-02-07, Amendment 39-18786 (82 FR 10267, February 10, 2017), and
adding the following new AD:

2020-15-13 Airbus Helicopters Deutschland GmbH: Amendment 39-21176;
Docket No. FAA-2017-1123; Product Identifier 2017-SW-013-AD.

(a) Applicability

    This AD applies to Airbus Helicopters Deutschland GmbH Model
MBB-BK 117 C-2 helicopters, serial numbers up to and including 9750,
and Airbus Helicopters Deutschland GmbH Model MBB-BK 117 D-2
helicopters, serial numbers up to and including 20110, certificated
in any category, with a hydraulic module plate assembly part number
B291M0003103 with a single locking attachment point installed or
with a double locking attachment point installed before the
effective date of this AD in accordance with Airbus Helicopters
Alert Service Bulletin (ASB) No. ASB MBB-BK117 C-2-29A-003 (ASB MBB-
BK117 C-2-29A-003 Rev 2) or ASB No. ASB MBB-BK117 D-2-29A-001 (ASB
MBB-BK117 D-2-29A-001 Rev 2), both Revision 2 and dated February 1,
2017, as applicable to your model helicopter.

(b) Unsafe Condition

    This AD defines the unsafe condition as failure of a hydraulic
module plate assembly attachment point (attachment point). This
condition could result in loss of the hydraulic module plate and
subsequent loss of control of the helicopter.

(c) Affected ADs

    This AD replaces AD 2017-02-07, Amendment 39-18786 (82 FR 10267,
February 10, 2017).

(d) Effective Date

    This AD becomes effective August 31, 2020.

(e) Compliance

    You are responsible for performing each action required by this
AD within the specified compliance time unless it has already been
accomplished prior to that time.

(f) Required Actions

    Comply with either paragraphs (f)(1) and (2) of this AD, or
paragraph (f)(3) of this AD, as applicable to your helicopter.
    (1) For helicopters with a hydraulic module plate assembly with
a single locking attachment hardware installed, within 100 hours
time-in-service (TIS):
    (i) Visually inspect the split pins, castellated nuts, plugs,
nuts, and hexagon bolts of each attachment point for a crack and for
proper installation by following the Accomplishment Instructions,
paragraphs 3.B.1.3.a. through 3.B.1.3.d., of Airbus Helicopters ASB
No. ASB MBB-BK117 C-2-29A-003 (ASB MBB-BK117 C-2-29A-003 Rev 3) or
Airbus Helicopters ASB No. ASB MBB-BK117 D-2-29A-001 (ASB MBB-BK117
D-2-29A-001 Rev 3), both Revision 3 and dated December 19, 2017, as
applicable to your model helicopter. Replace any part that has a
crack before further flight. If the split pins, castellated nuts, or
hexagon bolts are not as depicted in Figures 1 and 2 of ASB MBB-
BK117 C-2-29A-003 Rev 3 or ASB MBB-BK117 D-2-29A-001 Rev 3, before
further flight, properly install them.
    (ii) Apply a torque of 9 to 10 Nm to the left-hand (LH) and
right-hand (RH) nuts of each forward attachment point. If a torque
of 9 to 10 Nm cannot be applied, replace the affected nut before
further flight.
    (2) For helicopters with a hydraulic module plate assembly with
a single locking attachment hardware installed, within 300 hours
TIS:
    (i) Replace each forward single locking attachment hardware with
double locking attachment hardware by following the Accomplishment
Instructions, paragraphs 3.B.3.3. through 3.B.3.6. on page 11 of ASB
MBB-BK117 C-2-29A-003 Rev 3 or ASB MBB-BK117 D-2-29A-001 Rev 3, as
applicable to your model helicopter, except you are not required to
discard old parts.
    (ii) Replace each aft single locking attachment hardware with
double locking attachment hardware and reposition the LH and RH aft
grounding straps by following the Accomplishment Instructions,
paragraphs 3.B.3.1. through 3.B.3.7. on page 13 of ASB MBB-BK117 C-
2-29A-003 Rev 3 or ASB MBB-BK117 D-2-29A-001 Rev 3, as applicable to
your model helicopter, except you are not required to discard old
parts.
    (3) If you have replaced the attachment hardware with double
locking attachment hardware before the effective date of this AD in
accordance with ASB MBB-BK117 C-2-29A-003 Rev 2 or ASB MBB-BK117 D-
2-29A-001 Rev 2, as applicable to your model helicopter: Within 300
hours TIS, inspect the clamping effect of the LH and RH aft screw
joints (bolts) of the hydraulic module plate by following the
Accomplishment Instructions, paragraph 3.B.5., of ASB MBB-BK117 C-2-
29A-003 Rev 3 or ASB MBB-BK117 D-2-29A-001 Rev 3, as applicable to
your model helicopter, except you are not required to discard old
parts.

    Note 1 to paragraph (f)(3) of this AD:  Airbus Helicopters
refers to bolts as ``screw joints.''

(g) Credit for Previous Actions

    Actions accomplished before the effective date of this AD in
accordance with the procedures specified in the following are
considered acceptable for compliance with the corresponding actions
in paragraph (f)(1) of this AD:
    (1) AD 2017-02-07, Amendment 39-18786 (82 FR 10267, February 10,
2017).
    (2) Airbus Helicopters ASB No. ASB MBB-BK117 C-2-29A-003,
Revision 1, dated October 14, 2016.
    (3) Airbus Helicopters ASB No. ASB MBB-BK117 C-2-29A-003,
Revision 2, dated February 1, 2017.
    (4) Airbus Helicopters ASB No. ASB MBB-BK117 D-2-29A-001,
Revision 1, dated October 14, 2016.
    (5) Airbus Helicopters ASB No. ASB MBB-BK117 D-2-29A-001,
Revision 2, dated February 1, 2017.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Rotorcraft Standards Branch, FAA, may approve
AMOCs for this AD. Send your proposal to: Matt Fuller, AD Program
Manager, Continued Operational Safety Branch, Airworthiness Products
Section, General Aviation and Rotorcraft Unit, FAA, 10101 Hillwood
Pkwy., Fort

Worth, TX 76177; telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (2) For operations conducted under a 14 CFR part 119 operating
certificate or under 14 CFR part 91, subpart K, the FAA suggests
that you notify your principal inspector, or lacking a principal
inspector, the manager of the local flight standards district office
or certificate holding district office, before operating any
aircraft complying with this AD through an AMOC.

(i) Additional Information

    (1) Airbus Helicopters ASB No. ASB MBB-BK117 C-2-29A-003 and ASB
No. ASB MBB-BK117 D-2-29A-001, both Revision 1 and dated October 14,
2016, and both Revision 2 and dated February 1, 2017, which are not
incorporated by reference, contain additional information about the
subject of this AD. For service information identified in this AD,
contact Airbus Helicopters, 2701 N Forum Drive, Grand Prairie, TX
75052; telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax<PHONE_NUMBER>; or
at https://www.airbus.com/helicopters/services/technical-support.html. You may view a copy of the service information at the
FAA, Office of the Regional Counsel, Southwest Region, 10101
Hillwood Pkwy., Room 6N-321, Fort Worth, TX 76177.
    (2) The subject of this AD is addressed in European Aviation
Safety Agency (now European Union Aviation Safety Agency) AD No.
2017-0047, dated March 13, 2017. You may view the EASA AD on the
internet at https://www.regulations.gov in Docket No. FAA-2017-1123.

(j) Subject

    Joint Aircraft Service Component (JASC) Code: 2900, Hydraulic
Power System.

(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 the AD specifies otherwise.
    (i) Airbus Helicopters Alert Service Bulletin (ASB) No. ASB MBB-
BK117 C-2-29A-003, Revision 3, dated December 19, 2017.
    (ii) Airbus Helicopters ASB No. ASB MBB-BK117 D-2-29A-001,
Revision 3, dated December 19, 2017.
    (3) For Airbus Helicopters service information identified in
this AD, contact Airbus Helicopters, 2701 N Forum Drive, Grand
Prairie, TX 75052; telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax 972-
641-3775; or at https://www.airbus.com/helicopters/services/technical-support.html.
    (4) You may view this service information at FAA, Office of the
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy, Room 6N-
321, Fort Worth, TX 76177. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on July 15, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-16166 Filed 7-24-20; 8:45 am]
BILLING CODE 4910-13-P