[Federal Register Volume 79, Number 130 (Tuesday, July 8, 2014)]
[Notices]
[Pages 38548-38550]
[FR Doc No: 2014-15834]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2014-0002]

Changes in Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final notice.

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SUMMARY: New or modified Base (1% annual-chance) Flood Elevations
(BFEs), base flood depths, Special Flood Hazard Area (SFHA) boundaries
or zone designations, and/or the regulatory floodway (hereinafter
referred to as flood hazard determinations) as shown on the indicated
Letter of Map Revision (LOMR) for each of the communities listed in the
table below are finalized. Each LOMR revises the Flood Insurance Rate
Maps (FIRMs), and in some cases the Flood Insurance Study (FIS)
reports, currently in effect for the listed

communities. The flood hazard determinations modified by each LOMR will
be used to calculate flood insurance premium rates for new buildings
and their contents.

DATES: The effective date for each LOMR is indicated in the table
below.

ADDRESSES: Each LOMR is available for inspection at both the respective
Community Map Repository address listed in the table below and online
through the FEMA Map Service Center at www.msc.fema.gov.

FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
FEMA, 500 C Street SW., Washington, DC 20472,<PHONE_NUMBER>, or
(email<EMAIL_ADDRESS>or visit the FEMA Map Information
eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final flood hazard determinations as shown in the
LOMRs for each community listed in the table below. Notice of these
modified flood hazard determinations has been published in newspapers
of local circulation and ninety (90) days have elapsed since that
publication. The Deputy Associate Administrator for Mitigation has
resolved any appeals resulting from this notification.
    The modified flood hazard determinations are made pursuant to
section 206 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4105, and are in accordance with the National Flood Insurance Act of
1968, 42 U.S.C. 4001 et seq., and with 44 CFR part 65.
    For rating purposes, the currently effective community number is
shown and must be used for all new policies and renewals.
    The new or modified flood hazard determinations are the basis for
the floodplain management measures that the community is required
either to adopt or to show evidence of being already in effect in order
to remain qualified for participation in the National Flood Insurance
Program (NFIP).
    These new or modified flood hazard determinations, together with
the floodplain management criteria required by 44 CFR 60.3, are the
minimum that are required. They should not be construed to mean that
the community must change any existing ordinances that are more
stringent in their floodplain management requirements. The community
may at any time enact stricter requirements of its own or pursuant to
policies established by other Federal, State, or regional entities.
    These new or modified flood hazard determinations are used to meet
the floodplain management requirements of the NFIP and also are used to
calculate the appropriate flood insurance premium rates for new
buildings, and for the contents in those buildings. The changes in
flood hazard determinations are in accordance with 44 CFR 65.4.
    Interested lessees and owners of real property are encouraged to
review the final flood hazard information available at the address
cited below for each community or online through the FEMA Map Service
Center at www.msc.fema.gov.

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                                                            Chief executive officer       Community map                                       Community
         State and county           Location and case No.         of community             repository        Effective date of modification      No.
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Arkansas:
    White (FEMA Docket No.: B-      City of Searcy, (13-   The Honorable David        City Hall, 401 West   May 5, 2014....................       050229
     1406).                          06-2147P).             Morris, Mayor, City of     Arch Avenue,
                                                            Searcy, 401 West Arch      Searcy, AR 72143.
                                                            Avenue, Searcy, AR 72143.
    White, (FEMA Docket No.: B-     Unincorporated areas   The Honorable Michael      White County Office   May 5, 2014....................       050467
     1406).                          of White County, (13-  Lincoln, White County      Building,
                                     06-2147P).             Judge, 300 North Spruce    Department of
                                                            Street, Searcy, AR 72143.  Emergency
                                                                                Management, 2301
                                                                                Eastline Road,
                                                                                Searcy, AR 72143.
New Jersey: Monmouth, (FEMA Docket  Borough of             The Honorable Donald W.    Borough Municipal     May 27, 2014...................       340326
 No.: B-1408).                       Shrewsbury, (13-02-    Burden, Mayor, Borough     Complex, 419
                                     1926P).                of Shrewsbury, P.O. Box    Sycamore Avenue,
                                                            7420, Shrewsbury, NJ       Shrewsbury, NJ
                                                            07702.                     07702.
New Mexico:
    Bernalillo (FEMA Docket No.: B- City of Albuquerque,   The Honorable Richard J.   Development and       May 5, 2014....................       350002
     1405).                          (13-06-2926P).         Berry, Mayor, City of      Review Services
                                                            Albuquerque, P.O. Box      Division, 600 2nd
                                                            1293, Albuquerque, NM      Street Northwest,
                                                            87103.                     Room 201,
                                                                                Albuquerque, NM
                                                                                87102.
    Bernalillo (FEMA Docket No.: B- Unincorporated areas   The Honorable Debbie       Bernalillo County     May 1, 2014....................       350001
     1405).                          of Bernalillo          O'Malley, Chairman,        Public Works
                                     County, (13-06-        Bernalillo County Board    Division, 2400
                                     2994P).                of Commissioners, 1        Broadway Boulevard
                                                            Civic Plaza Northwest,     Southeast,
                                                            Albuquerque, NM 87102.     Albuquerque, NM
                                                                                87102.
    Bernalillo (FEMA Docket No.: B- Unincorporated areas   The Honorable Debbie       Bernalillo County     May 5, 2014....................       350001
     1405).                          of Bernalillo          O'Malley, Chairman,        Public Works
                                     County, (13-06-        Bernalillo County Board    Division, 2400
                                     2926P).                of Commissioners, 1        Broadway Boulevard
                                                            Civic Plaza Northwest,     Southeast,
                                                            Albuquerque, NM 87102.     Albuquerque, NM
                                                                                87102.
Oklahoma: Tulsa (FEMA Docket No.:   City of Tulsa, (13-06- The Honorable Dewey F.     Engineering           May 14, 2014...................       405381
 B-1406).                            3500P).                Bartlett, Mayor, City of   Services, 2317
                                                            Tulsa, 175 East 2nd        South Jackson
                                                            Street, Suite 690,         Avenue, Room S-312,
                                                            Tulsa, OK 74103.           Tulsa, OK 74107.
Puerto Rico: (FEMA Docket No.: B-   Commonwealth of        Mr. Luis Garcia Pelatti,   Commonwealth of       May 29, 2014...................       720000
 1405).                              Puerto Rico, (13-02-   President, Puerto Rico     Puerto Rico,
                                     1051P).                Planning Board, Roberto    Roberto Sanchez
                                                            Sanchez Vilella            Vilella
                                                            Governmental Center,       Governmental
                                                            North Building, 16th       Center, North
                                                            Floor, De Diego Avenue,    Building, 9th
                                                            International Baldorioty   Floor, De Diego
                                                            de Castro Avenue, San      Avenue,
                                                            Juan, PR 00940.            International
                                                                                Baldorioty de
                                                                                Castro Avenue, San
                                                                                Juan, PR 00940.
Texas:
    Bexar (FEMA Docket No.: B-      City of Helotes, (13-  The Honorable Thomas A.    Development Services  May 1, 2014....................       481643
     1408).                          06-4596P).             Schoolcraft, Mayor, City   Department, 12951
                                                            of Helotes, P.O. Box       Bandera Road,
                                                            507, Helotes, TX 78023.    Helotes, TX 78023.
    Bexar (FEMA Docket No.: B-      City of San Antonio,   The Honorable Julian       Department of Public  May 1, 2014....................       480045
     1408).                          (13-06-4596P).         Castro, Mayor, City of     Works, Storm Water
                                                            San Antonio, P.O. Box      Engineering, 1901
                                                            839966, San Antonio, TX    South Alamo Street,
                                                            78283.                     2nd Floor, San
                                                                                Antonio, TX 78204.

    Bexar (FEMA Docket No.: B-      Unincorporated areas   The Honorable Nelson W.    Bexar County Public   May 27, 2014...................       480035
     1405).                          of Bexar County, (13-  Wolff, Bexar County        Works Department,
                                     06-3877P).             Judge, Paul Elizondo       233 North Pecos-La
                                                            Tower, 101 West Nueva      Trinidad Street,
                                                            Street, 10th Floor, San    Suite 420, San
                                                            Antonio, TX 78205.         Antonio, TX 78207.
    Brazos (FEMA Docket No.: B-     City of Bryan, (12-06- The Honorable Jason        300 South Texas       May 9, 2014....................       480082
     1406).                          1920P).                Bienski, Mayor, City of    Avenue, Bryan, TX
                                                            Bryan, 300 South Texas     77803.
                                                            Avenue, Bryan, TX 77803.
    Brazos (FEMA Docket No.: B-     Unincorporated areas   The Honorable Duane        Brazos County, 2617   May 9, 2014....................       481195
     1406).                          of Brazos County,      Peters, Brazos County      Highway 21 West,
                                     (12-06-1920P).         Judge, 200 South Texas     Bryan, TX 77803.
                                                            Avenue, Suite 332,
                                                            Bryan, TX 77803.
    Collin (FEMA Docket No.: B-     City of Frisco, (13-   The Honorable Maher Maso,  City Hall, 6101       May 27, 2014...................       480134
     1405).                          06-2575P).             Mayor, City of Frisco,     Frisco Square
                                                            6101 Frisco Square         Boulevard, Frisco,
                                                            Boulevard, Frisco, TX      TX 75034.
                                                            75034.
    Comal (FEMA Docket No.: B-      Unincorporated areas   The Honorable Sherman      Comal County,         May 5, 2014....................       485463
     1406).                          of Comal County, (13-  Krause, Comal County       Engineer's Office,
                                     06-2849P).             Judge, 150 North Seguin    195 David Jonas
                                                            Avenue, New Braunfels,     Drive, New
                                                            TX 78130.                  Braunfels, TX 78132.
    Dallas (FEMA Docket No.: B-     City of Irving, (13-   The Honorable Beth Van     Capital Improvement   April 28, 2014.................       480180
     1406).                          06-1919P).             Duyne, Mayor, City of      Program Department,
                                                            Irving, 825 West Irving    825 West Irving
                                                            Boulevard, Irving, TX      Boulevard, Irving,
                                                            75060.                     TX 75060.
    Smith (FEMA Docket No.: B-      City of Tyler, (13-06- The Honorable Martin       423 West Ferguson     May 27, 2014...................       480571
     1405).                          3378P).                Heines, Mayor, City of     Street, Tyler, TX
                                                            Tyler, P.O. Box 2039,      75710.
                                                            Tyler, TX 75710.
    Smith (FEMA Docket No.: B-      Unincorporated areas   The Honorable Joel Baker,  Smith County Road     May 27, 2014...................       481185
     1405).                          of Smith County, (13-  Smith County Judge, 200    and Bridge
                                     06-3378P).             East Ferguson Street,      Department, 1700
                                                            Suite 100, Tyler, TX       West Claude Street,
                                                            75702.                     Tyler, TX 75702.
    Tarrant (FEMA Docket No.: B-    City of Forest Hill,   The Honorable Gerald       City Hall, 3219       May 29, 2014...................       480595
     1408).                          (14-06-0893X).         Joubert, Mayor, City of    California Parkway,
                                                            Forest Hill, 3219          Forest Hill, TX
                                                            California Parkway,        76119.
                                                            Forest Hill, TX 76119.
    Tarrant (FEMA Docket No.: B-    City of Fort Worth,    The Honorable Betsy        Department of         March 25, 2014.................       480596
     1406).                          (12-06-3580P).         Price, Mayor, City of      Transportation and
                                                            Fort Worth, 1000           Public Works, 1000
                                                            Throckmorton Street,       Throckmorton
                                                            Fort Worth, TX 76102.      Street, Fort Worth,
                                                                                TX 76102.
    Tarrant (FEMA Docket No.: B-    City of Fort Worth,    The Honorable Betsy        Department of         April 7, 2014..................       480596
     1406).                          (12-06-1991P).         Price, Mayor, City of      Transportation and
                                                            Fort Worth, 1000           Public Works, 1000
                                                            Throckmorton Street,       Throckmorton
                                                            Fort Worth, TX 76102.      Street, Fort Worth,
                                                                                TX 76102.
    Tarrant (FEMA Docket No.: B-    City of Fort Worth,    The Honorable Betsy        Department of         May 29, 2014...................       480596
     1408).                          (13-06-3009P).         Price, Mayor, City of      Transportation and
                                                            Fort Worth, 1000           Public Works, 1000
                                                            Throckmorton Street,       Throckmorton
                                                            Fort Worth, TX 76102.      Street, Fort Worth,
                                                                                TX 76102.
    Tarrant (FEMA Docket No.: B-    City of Mansfield,     The Honorable David L.     City Hall, 1200 East  May 16, 2014...................       480606
     1408).                          (13-06-2771P).         Cook, Mayor, City of       Broad Street,
                                                            Mansfield, 1200 East       Mansfield, TX 76063.
                                                            Broad Street, Mansfield,
                                                            TX 76063.
    Tarrant (FEMA Docket No.: B-    Unincorporated areas   The Honorable B. Glen      Tarrant County        March 25, 2014.................       480582
     1406).                          of Tarrant County,     Whitley, Tarrant County    Public Works
                                     (12-06-3580P).         Judge, 100 East            Department,
                                                            Weatherford Street,        Administration
                                                            Suite 501, Fort Worth,     Building, 100 East
                                                            TX 76196.                  Weatherford Street,
                                                                                Fort Worth, TX
                                                                                76196.
    Victoria (FEMA Docket No.: B-   City of Victoria, (13- The Honorable Paul         Department of         May 30, 2014...................       480638
     1405).                          06-3977P).             Polasek, Mayor, City of    Development
                                                            Victoria, P.O. Box 1758,   Services, 702 North
                                                            Victoria, TX 77902.        Main Street, Suite
                                                                                122, Victoria, TX
                                                                                77901.
Virginia: Alleghany (FEMA Docket    Town of Clifton        The Honorable Carl         Town Hall, 547 Main   February 27, 2014..............       510038
 No.: B-1406).                       Forge, (12-03-1156P).  Brinkley, Mayor, Town of   Street, Clifton
                                                            Clifton Forge, P.O. Box    Forge, VA 24422.
                                                            631, Clifton Forge, VA
                                                            24422.
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(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: June 17, 2014.
Roy E. Wright,
Deputy Associate Administrator for Mitigation, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. 2014-15834 Filed 7-7-14; 8:45 am]
BILLING CODE 9110-12-P


UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on February 20, 2004

   NOTICE OF ACTION TAKEN -- DOCKET OST-2004-16916

________________________________________________________________________
______________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Application of    Brendan Airways, LLC, d/b/a USA 3000 Airlines
filed   1/14/04  for:

XX Exemption  for two years under 49 U.S.C. 40109 to provide the
following service:

Scheduled foreign air transportation of persons, property, and mail
between Baltimore, Maryland and Bermuda.

The State of Maryland filed an answer in support of USA 3000 Airlines’
application.

Applicant rep:   Pierre Murphy,<PHONE_NUMBER>   DOT Analyst:  Sylvia
Moore,<PHONE_NUMBER>

D I S P O S I T I O N

XX  Granted (subject to conditions, see below)

The above action was effective when taken:   February 20, 2004, through
February 20, 2006

Action taken by:   Paul L. Gretch, Director

		    Office of International Aviation

XX  The authority granted is consistent with the aviation agreement
between the United States and the United Kingdom.

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated:  XX Holder’s
certificate of public convenience and necessity

	   XX  Standard exemption conditions (attached)

________________________________________________________________________
______________

On the basis of data officially noticeable under Rule 24(n) of the
Department's regulations, we found the applicant qualified to provide
the services authorized.

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) grant of the exemption authority was consistent with the
public interest; and (3) grant of the authority would not constitute a
major regulatory action under the Energy Policy and Conservation Act of
1975.  To the extent not granted, we denied all requests in the
referenced Docket.  We may amend, modify, or revoke the authority
granted in this Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov//reports/reports_aviation.asp

U.S. Carrier Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier
applicant(s) shall:

(1)  Hold at all times effective operating authority from the government
of each country served;

(2)  Comply with applicable requirements concerning oversales contained
in 14 CFR 250 (for scheduled operations, if authorized);

(3)  Comply with the requirements for reporting data contained in 14 CFR
241;

(4)  Comply with requirements for minimum insurance coverage, and for
certifying that coverage to the Department, contained in 14 CFR 205;

(5)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR 203, concerning
waiver of Warsaw Convention liability limits and defenses;

(6)  Comply with all applicable requirements of the Federal Aviation
Administration and with all applicable U.S. Government requirements
concerning security.  To assure compliance with all applicable U.S.
Government requirements concerning security, the holder shall, before
commencing any new service (including charter flights) to or from a
foreign airport, contact its Principal Security Inspector (PSI) to
advise the PSI of its plans and to find out whether the Transportation
Security Administration has determined that security is adequate to
allow such airport(s) to be served; and

(7)  Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department of Transportation, with all applicable orders and regulations
of other U.S. agencies and courts, and with all applicable laws of the
United States.

The authority granted shall be effective only during the period when the
holder is in compliance with the conditions imposed above.

										08/2003


[Federal Register Volume 81, Number 123 (Monday, June 27, 2016)]
[Rules and Regulations]
[Pages 41447-41450]
[FR Doc No: 2016-15038]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2015-0366; FRL-9948-21-Region 5]

Air Plan Approval; Minnesota; Sulfur Dioxide

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a
revision to the Minnesota sulfur dioxide (SO2) State
Implementation Plan (SIP) for the Flint Hills Resources, LLC Pine Bend
Refinery (FHR) as submitted on May 1, 2015. The revision will
consolidate existing permanent and enforceable SO2 SIP
conditions into the facility's joint Title I/Title V SIP document. This
action highlights process modifications necessary to meet EPA's Tier 3
gasoline sulfur standards; a comprehensive monitoring strategy to
better quantify SO2 emissions from fuel gas-fired emission
units; a new restrictive flaring procedure for refinery process units,
and other updates and administrative changes. This revision results in
a modeled reduction in SO2 emissions from FHR and modeled
SO2 ambient air concentrations less than half of the
national ambient air quality standards (NAAQS).

DATES: This direct final rule will be effective August 26, 2016, unless
EPA receives adverse comments by July 27, 2016. If adverse comments are
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-R05-
OAR-2015-0366 at http://www.regulations.gov or via email to
<EMAIL_ADDRESS>For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the Web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the ``For Further Information Contact'' section. For the
full EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Anthony Maietta, Environmental
Protection Specialist, Control Strategies Section, Air Programs Branch
(AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:

I. What is the background for this action?
    A. EPA's Tier 3 Gasoline Standards
    B. Administrative Order and Title I SO2 SIP
Conditions
II. What is EPA's analysis of the SIP revision?
    A. EPA's Tier 3 Gasoline Standards
    B. Administrative Order and Title I SO2 SIP
Conditions
    C. Miscellaneous Revisions
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. What is the background for this action?

A. EPA's Tier 3 Gasoline Standards

    On April 28, 2014 (79 FR 23414 and amended on April 22, 2016, at 81
FR 23641), EPA established more stringent vehicle emissions standards
to reduce the sulfur content of gasoline beginning January 1, 2017. The
Tier 3 gasoline fuel standards (Tier 3 standards) will reduce both
tailpipe and evaporative emissions from both new and existing passenger
cars, light-duty trucks, medium-duty passenger vehicles, and some
heavy-duty vehicles. This will result in significant reductions in
pollutants such as ozone, particulate matter, and air toxics across the
country and help state and local agencies in their efforts to attain
and maintain health-based NAAQS.
    In order to meet the Tier 3 standards, FHR plans to increase its
use of hydrotreating to remove sulfur from intermediate fuel products.
The increased hydrotreating will also increase the removal of nitrogen.
To address the increased removal of nitrogen and sulfur, FHR proposes
to install a process to convert gas containing sulfur and nitrogen into
a salable, non-hazardous, aqueous liquid fertilizer: ammonium
thiosulfate (ATS).

B. Administrative Order and Title I SO2 SIP Conditions

    Minnesota also requested EPA's approval of the transfer of Title I
SO2 SIP conditions from an Administrative Order (Order) into
the FHR Title I/Title V SO2 SIP document. Until 1990,
Minnesota Pollution Control Agency (MPCA) had placed SIP control
measures in permits issued to culpable sources. In 1990, EPA determined
that limits in state-issued permits were not federally enforceable
because the permits expired. Subsequently, MPCA then issued permanent
Orders to affected sources in nonattainment areas from 1991 to February
of 1996.
    In 1995, EPA approved into the Minnesota SIP Minnesota's
consolidated permitting regulations. (60 FR 21447, May 2, 1995). The
consolidated permitting regulations included the term ``Title I
condition'' which was written, in part, to satisfy EPA requirements
that SIP control measures remain permanent. A ``Title I condition'' is
defined, in part, as ``any condition based on source-specific
determination of ambient impacts imposed for the purpose of achieving
or maintaining attainment with a national ambient air

quality standards and which was part of a [SIP] approved by the EPA or
submitted to the EPA pending approval under section 110 of the act . .
. .'' MINN. R. 7007.1011 (2013). The regulations also state that
``Title I conditions and the permittee's obligation to comply with
them, shall not expire, regardless of the expiration of the other
conditions of the permit.'' Further, ``any title I condition shall
remain in effect without regard to permit expiration or reissuance, and
shall be restated in the reissued permit.'' MINN. R. 7007.0450 (2007).
    Minnesota has initiated using the joint Title I/Title V document as
the enforceable document for imposing emission limitations and
compliance requirements in SIPs. The SIP requirements in the joint
Title I/Title V document submitted by MPCA are cited as ``Title I
conditions,'' therefore ensuring that SIP requirements remain permanent
and enforceable. EPA reviewed the state's procedure for using joint
Title I/Title V documents to implement site-specific SIP requirements
and found it to be acceptable under both Title I and Title V of the
Clean Air Act (CAA) (July 3, 1997 letter from David Kee, EPA, to
Michael J. Sandusky, MPCA).
    FHR's SIP obligations are currently contained in an Order that was
adopted by MPCA on August 29, 2011, and approved by EPA on May 15, 2013
(78 FR 28501) (FHR Order). On May 1, 2015, MPCA submitted revisions to
the Minnesota SO2 SIP for FHR. MPCA requested that EPA
approve into the SIP, the Title I SO2 SIP conditions
contained in the joint Title I/Title V document while removing the FHR
Order from the SIP. In addition to incorporating FHR's current
SO2 SIP obligations into the facility's joint Title I/Title
V document, MPCA requested approval of additional changes to the
Minnesota SO2 SIP.

II. What is EPA's analysis of the SIP revision?

A. EPA's Tier 3 Gasoline Standards

    Title I SO2 SIP conditions have been created for the ATS
process unit, which include hourly and annual emissions limits, as well
as monitoring, record keeping, and reporting requirements for the ATS
process unit. The ATS unit will take H2S and ammonia from
sour water streams and convert them into ATS, which will then be sold
as fertilizer. The unit is being constructed in conjunction with FHR's
plan to meet EPA's Tier 3 fuel standards. The ATS unit will allow FHR
to utilize the increased amounts of sulfur and nitrogen removed from
intermediate fuel products by gas-oil hydrotreaters by combining them
into ATS.
    Review of the technical support document and computer modeling
reports submitted by MPCA shows that installation of the ATS unit in
conjunction with the other updates to the facility will not cause an
exceedance of the modeled SO2 standards. The data show that
SO2 emissions will be between 6 and 8 percent less than
emissions from the facility modeled under the last SIP revision. Using
AERMOD and including FHR and nearby sources, the modeled ambient air
concentrations of SO2 for the 3-hour, 24-hour, and annual
SO2 NAAQS for these revisions are at 41.5%, 48.5%, and 27.5%
of the standards, respectively. Therefore, the addition of Title I
SO2 SIP requirements for the ATS unit is acceptable and the
revisions to the FHR SIP are approvable.

B. Administrative Order and Title I SO2 SIP Conditions

    On March 17, 2015, MPCA amended the operating permit for FHR (Air
Emissions Permit No. 03700011-012). This joint Title I/Title V document
incorporates, as Title I SO2 SIP conditions, FHR's SIP
obligations which had previously been listed in the FHR Order. This is
approvable because those conditions have already been approved into
Minnesota's SO2 SIP and are merely being moved into the FHR
joint Title I/Title V document to provide the source with a single
enforceable document. Upon the effective date of EPA approval of the
Title I SO2 SIP conditions into the FHR SIP, the Order will
be revoked as stipulated in a May 1, 2015, Administrative Order from
MPCA. As part of this action, EPA is approving the revocation of the
Order from the Minnesota SO2 SIP.

C. Miscellaneous Revisions

    Finally, Minnesota is requesting that EPA approve several changes
to the existing SIP for FHR. These changes include:
--Changing ``company'' to ``permittee'' which is acceptable because
moving the pertinent Title I SO2 SIP conditions from the
Order to the FHR permit means the term to describe FHR would change to
reflect the move.
--Amendments to allow the use of ultra-low sulfur diesel, which can be
considered fuel oil, to be combusted at FHR. This revision clarifies
the rule, and is acceptable.
--Removing operating hour limits on diesel powered units because, with
the availability of ultra-low sulfur diesel, these units qualify as
insignificant sources of SO2. Therefore the operating hours
limits on these units are no longer required. This revision is
approvable.
--Inclusion of the phrase ``in conjunction with oxidation gases from
OSWTP equipment'' to indicate that the oil separation and waste
treatment plant gases, which are allowed to be combusted from one
oxidizer at a time, are able to be combusted along with natural gas.
This amendment merely clarifies the requirement, and is acceptable.
--Changing `continuous monitoring system (CMS)' to `continuous emission
monitoring system (CEMS)', and by adding a total sulfur CEMS on the 45-
unit mix drum as an operating condition. The revision and addition are
approvable because they clarify the rule language, and the addition of
the CEMS on the 45-unit mix drum helps FHR more accurately quantify the
sulfur emissions from the unit.
--Inclusion of more restrictive language that indicates the flare
system is to be used only for unplanned and infrequent events resulting
from malfunctions. The amended language also excludes flaring gases
from normal operation, including gases from scheduled startups and
shutdowns of refinery process units. This amendment is acceptable since
it clarifies the condition's applicability and creates more stringent
conditions for flare use at FHR.
--Removing the Merox process incinerator from the Title I
SO2 SIP conditions because the Merox process incinerator was
decommissioned and removed. The removal of the unit was approved by EPA
in a prior rulemaking (78 FR 28501). The conditions were also amended
to add the new ATS unit, which will be discussed in more detail later
in this document. These revisions are acceptable because SO2
emissions will be reduced at the facility as a result of these changes.
--Replacing the phrase ``total reduced sulfur CMS'' with ``reduced
sulfur and total sulfur CEMS,'' reflecting the more comprehensive fuel
gas sulfur continuous emission monitoring system installed at the
facility. This revision is approvable.
--Replacing the acronym ``CMS'' with ``CEMS,'' which is approvable
because it clarifies that the acronym stands for a continuous emission
monitoring system. Continuous monitoring requirements were also amended
to include language to show that FHR will maintain a CEMS for the 45-
unit mix drum that will

measure total sulfur from the mix drum fuel gas stream, and that the
CEMS will provide a continuous record of measurement in parts per
million. This revision is approvable because it ensures that the 45-
unit mix drum will be comprehensively monitored for sulfur emissions.
Lastly, this section was revised to clarify the list of fuels that
would require contract guarantees for H2S and heat content
for compliance demonstration purposes, which is approvable because it
clarifies the requirement for the facility.
--Updating the language of the quarterly reporting requirements to
reflect current emissions monitoring and report submittal requirements.
This revision is acceptable because it clarifies what FHR must submit
in its reporting to MPCA.
--Throughout the joint document, the term ``the Company'' has been
replaced with ``the Permittee'' which is acceptable because it reflects
the location of FHR's Title I SO2 SIP conditions within the
joint document instead of within Orders.
--In the portions of the joint document dealing with continuous
monitoring requirements and recordkeeping requirements, references to
the term ``hydrogen sulfide'' have been replaced with ``sulfur
content'' to reflect the more comprehensive monitoring strategy
approved for FHR.
--Requirements for fuel gas SO2 emissions from the 41- and
45-unit mix drums have been made Title I SO2 SIP conditions,
including use of SO2 CEMS monitoring systems and associated
recordkeeping requirements. The revisions are acceptable because the
new CEMS monitor sulfur emissions more comprehensively, providing a
more accurate analysis of FHR's SO2 emissions from the 41-
and 45-unit mix drums. In a related revision, continuous monitoring
requirements for H2S in SIP emission units have been revised
to become total reduced sulfur, which is approvable because the new
monitors more comprehensively indicate SO2 emissions from
these units. It should be noted that H2S monitoring required
for new source performance standards (NSPS) for petroleum refineries
are not affected by these revisions as H2S monitoring will
continue for these units in addition to the comprehensive sulfur
monitoring described above.
--Removal of H2S CMS requirements from FHR's Title I
SO2 SIP, because the new SO2 and total sulfur
CEMS supersede the need for H2S CMSs for the facility and
because the H2S monitor requirements will remain as non-SIP
level requirements in order to meet the NSPS for petroleum refineries.
Therefore, this revision is approvable.
--The H2S 3-hour rolling average limit for the 45H6 stack
has been made a Title I SO2 SIP condition, which is
approvable because the condition becomes permanent and federally
enforceable.
--Language has been removed from the SO2 limits for the #1
Vac Heater, #1 Crude Heater atmospheric distillation unit, and #1 and
#2 Coker Heaters that had indicated the limits were effective as of
EPA's approval of the ninth revision to the Order (which EPA approved
on May 15, 2013 at 78 FR 28501). Because the revision simply removes
language that is no longer necessary, the revision is acceptable.
--The recordkeeping requirements for start and stop times for emissions
units 032, 033, 037, and 038 (Steam/Air Heater Decoking units 21H-1,
21H-2, 23H-1, and 23H-2, respectively) have been made Title I
SO2 SIP conditions. This is acceptable because it allows
recordkeeping requirements for these units to be federally enforceable.
--The diesel fuel certification recordkeeping requirement for the plan
air compressor diesel engine has been made a Title I SO2 SIP
condition, and a typo was corrected in the requirement. These revisions
are approvable because it allows federal enforceability of
recordkeeping to show FHR uses ultra-low sulfur diesel fuel in the
plant air compressor diesel engine.
--An amendment to the requirements for the Oil Separation and Waste
Treatment Plant to streamline the requirements for burning natural gas
in conjunction with oxidation of gases from the treatment plant
equipment. The revision does not decrease the stringency of the
requirements but makes the requirements easier to understand, and is
therefore acceptable.
--Requirements for Boiler B-10, including Title I SO2 SIP
conditions, have been removed from the FHR SIP because the boiler was
never installed. This revision is acceptable because the source that
the regulation is meant to address does not exist and will not exist.

III. What action is EPA taking?

    EPA is approving a revision to the SIP for FHR, as submitted by
MPCA on May 1, 2015. The revision will consolidate existing permanent
and enforceable SO2 SIP conditions into the facility's joint
Title I/Title V SIP document and simultaneously remove the existing FHR
Order from the SIP. We are publishing this action without prior
proposal because we view this as a noncontroversial amendment and
anticipate no adverse comments. However, in the proposed rules section
of this Federal Register publication, we are publishing a separate
document that will serve as the proposal to approve the state plan if
relevant adverse written comments are filed. This rule will be
effective August 26, 2016 without further notice unless we receive
relevant adverse written comments by July 27, 2016. If we receive such
comments, we will withdraw this action before the effective date by
publishing a subsequent document that will withdraw the final action.
All public comments received will then be addressed in a subsequent
final rule based on the proposed action. EPA will not institute a
second comment period. Any parties interested in commenting on this
action should do so at this time. Please note that if EPA receives
adverse comment on an amendment, paragraph, or section of this rule and
if that provision may be severed from the remainder of the rule, EPA
may adopt as final those provisions of the rule that are not the
subject of an adverse comment. If we do not receive any comments, this
action will be effective August 26, 2016.

IV. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the Minnesota
Regulations described in the amendments to 40 CFR part 52 set forth
below. EPA has made, and will continue to make, these documents
generally available electronically through www.regulations.gov and/or
in hard copy at the appropriate EPA office (see the FOR FURTHER
INFORMATION CONTACT section of this preamble for more information).

V. Statutory and Executive Order Reviews

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

merely approves state law as meeting federal requirements and does not
impose additional requirements beyond those imposed by state law. For
that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by August 26, 2016. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of this Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Sulfur oxides.

    Dated: June 21, 2016.
Robert Kaplan,
Acting Regional Administrator, Region 5.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

0
2. In Sec.  52.1220, the table in paragraph (d) is amended by revising
the entry for ``Flint Hills Resources Pine Bend, LLC'' to read as
follows:

Sec.  52.1220  Identification of plan.

* * * * *
    (d) * * *

                                 EPA-Approved Minnesota Source-Specific Permits
----------------------------------------------------------------------------------------------------------------
                                                          State
          Name of source               Permit No.       effective    EPA  approval  date          Comments
                                                          date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Flint Hills Resources Pine Bend,        03700011-012     03/17/15   06/27/16, [Insert      Only conditions cited
 LLC.                                                                Federal Register       as ``Title I
                                                                     citation].             Condition: 40 CFR
                                                                                Section 50.4,
                                                                                SO[ihel2] SIP; Title
                                                                                I Condition: 40 CFR
                                                                                pt. 52, subp. Y''.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2016-15038 Filed 6-24-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 166 (Friday, August 26, 2011)]
[Notices]
[Page 53439]
[FR Doc No: 2011-21817]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12866-002; Project No. 14071-000]

Free Flow Power Corporation; Northland Power Mississippi River
LLC; Notice of Competing Preliminary Permit Applications Accepted for
Filing and Soliciting Comments, Motions To Intervene, and Competing
Applications

    Free Flow Power Corporation (Free Flow) and Northland Power
Mississippi River LLC (Northland) filed preliminary permit
applications, pursuant to section 4(f) of the Federal Power Act,
proposing to study the feasibility of developing hydropower projects on
the Mississippi River, near the town of Avondale, in Jefferson Parish,
Louisiana. Both applications were filed electronically and given the
filing date of February 1, 2011, at 8:30 a.m. The sole purpose of a
preliminary permit, if issued, is to grant the permit holder priority
to file a license application during the permit term. A preliminary
permit does not authorize the permit holder to perform any land-
disturbing activities or otherwise enter upon lands or waters owned by
others without the owners' express permission.
    The proposed projects are described as follows:

    Free Flow's hydrokinetic Project, Project No. 12866-002 would
consist of: (1) Up to 2,250 SmartTurbine generating units installed
in arrays on the bottom of the river; (2) the total capacity of the
installation would be up to 90,000 kilowatts; (3) flexible cables
would convey each arrays power to a metering station; and (4) a
transmission line would interconnect with the power grid. The
proposed project would have an average annual generation of
197,100,000 kilowatt-hours (kWh), which would be sold to a local
utility.
    Northland's hydrokinetic Project, Project No. 14071-000 would
consist of: (1) Up to 75 TREK generating units installed in a matrix
on the bottom of the river; (2) the total capacity of the
installation would be up to 19,000 kilowatts; (3) shielded
underwater cables would convey each matrix power to a substation;
and (4) a transmission line would interconnect with the power grid.
The proposed project would have an average annual generation of
165,000,000 kWh, which would be sold to a local utility.
    Applicants Contact: For Free Flow: Ramya Swaminathan, Free Flow
Power Corporation, 239 Causeway Street, Boston, MA 02114; phone
(978) 283-2822. For Northland: Tim Richardson, 30 St. Clair Avenue
West 17th Floor, Toronto, Ontario, Canada; phone<PHONE_NUMBER>.
    FERC Contact: Michael Spencer,<PHONE_NUMBER>.

    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36. Comments, motions to intervene, notices of intent, and
competing applications may be filed electronically via the Internet.
See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's
Web site (http://www.ferc.gov/docs-filing/ferconline.asp) under the
``eFiling'' link. For a simpler method of submitting text-only
comments, click on ``Quick Comment.'' For assistance, please contact
FERC Online Support at<EMAIL_ADDRESS>call toll-free at
(866) 208-3676; or, for TTY, contact<PHONE_NUMBER>. Although the
Commission strongly encourages electronic filing, documents may also be
paper-filed. To paper-file, mail an original and eight copies to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of the
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-12866-002, or P-14071-000) in the docket
number field to access the document. For assistance, contact FERC
Online Support.

    Dated: August 19, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-21817 Filed 8-25-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 76 (Monday, April 20, 2020)]
[Notices]
[Pages 21907-21909]
[FR Doc No: 2020-08208]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-88628; File No. SR-ICC-2020-007]

Self-Regulatory Organizations; ICE Clear Credit LLC; Notice of
Proposed Rule Change Relating to the ICC Clearing Rules

April 14, 2020.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
\1\ and Rule 19b-4, \2\ notice is hereby given that on April 10, 2020,
ICE Clear Credit LLC (``ICC'') filed with the Securities and Exchange
Commission the proposed rule change as described in Items I, II, and
III below, which Items have been prepared primarily by ICC. 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. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change

    The principal purpose of the proposed rule change is to revise the
ICC Clearing Rules (the ``Rules'') related to ICC membership
requirements.

II. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

    In its filing with the Commission, ICC included statements
concerning the purpose of and basis for the proposed rule change,
security-based swap submission, or advance notice and discussed any
comments it received on the proposed rule change, security-based swap
submission, or advance notice. The text of these statements may be
examined at the places specified in Item IV below. ICC has prepared
summaries, set forth in sections (A), (B), and (C) below, of the most
significant aspects of these statements.

(A) Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

(a) Purpose
    ICC proposes amendments to Chapter 2 of the ICC Rules relating to
membership requirements. ICC believes that such revisions will
facilitate the prompt and accurate clearance and settlement of
securities transactions and derivative agreements, contracts, and
transactions for which it is responsible. ICC proposes to make such
changes effective following Commission approval of the proposed rule
change. The proposed revisions are described in detail as follows.
    ICC proposes to amend ICC Rule 201(b), which contains membership
requirements of ICC and includes fitness criteria, financial standards,
operational standards, and registration qualifications with applicable
regulatory authorities. ICC proposes to add new subsection (xiv) to ICC
Rule 201(b) to require Clearing Participants (``CPs'') to participate
in default management simulations, new technology testing and other
exercises, as notified by ICC from time to time.
    ICC proposes further updates to ICC Rule 206, which contains
certain notice requirements for CPs. Currently, under ICC Rule 206(a),
a CP must immediately notify ICC, orally and in writing, if it is
subject to an event described in ICC Rule 206(a). Such events include
material adverse changes in financial condition, restrictions or
limitations on certain business conducted by the CP, and becoming
insolvent, among others. Amended ICC Rule 206(a) removes the oral
notification requirement and only requires written notification to ICC.
ICC proposes to amend ICC Rule 206(c) which requires CPs that are
broker-dealers to notify ICC of any matter required to be notified to
FINRA under FINRA Rule 3070, as well as any matter required to be
notified to the Commission if a broker-dealer and to the Commodity
Futures Trading Commission (``CFTC'') if a futures commission merchant
under applicable Commission and CFTC regulations. ICC proposes
replacing ``FINRA Rule 3070'' with ``FINRA Rule 4530(a)(1)(A),(C),(E)
and 4530(b) (or any similar rules),'' as FINRA Rule 3070 is no longer
applicable and has been superseded by FINRA Rule 4530.
(b) Statutory Basis
    Section 17A(b)(3)(F) of the Act \3\ requires, among other things,
that the rules of a clearing agency be designed to promote the prompt
and accurate clearance and settlement of securities transactions, and
to the extent applicable, derivative agreements, contracts and
transactions, to assure the safeguarding of securities and funds which
are in the custody or control of

the clearing agency or for which it is responsible, in general, to
protect investors and the public interest, and to comply with the
provisions of the Act and the rules and regulations thereunder. ICC
believes that the proposed rule change is consistent with the
requirements of the Act and the rules and regulations thereunder
applicable to ICC, in particular, to Section 17(A)(b)(3)(F),\4\ because
ICC believes that the proposed rule change will promote the prompt and
accurate clearance and settlement of securities transactions,
derivatives agreements, contracts, and transactions, contribute to the
safeguarding of securities and funds associated with security-based
swap transactions in ICC's custody or control, or for which ICC is
responsible, and to protect investors and the public interest. The
proposed changes amend the membership requirements in Chapter 2 of the
ICC Rules. ICC has no concerns with the current level of CP
participation in default management testing or other exercises. The
proposed changes formalize the requirement in the ICC Rules that CPs
partake in default management simulations, new technology testing and
other exercises, as notified by ICC from time to time, in amended ICC
Rule 201(b). The proposed changes continue to ensure effective and
coordinated default testing with participation from relevant
stakeholders, which augments ICC's ability to withstand defaults and
continue providing clearing services, thereby promoting the prompt and
accurate clearance and settlement of securities transactions,
derivatives agreements, contracts, and transactions, the safeguarding
of securities and funds which are in the custody or control of ICC or
for which it is responsible, and the protection of investors and the
public interest. The proposed revisions to ICC Rule 206 ensure that the
ICC Rules remain effective, clear and up-to-date by removing the oral
notification requirement, which ICC considers no longer necessary, and
replacing ``FINRA Rule 3070'' with ``FINRA Rule 4530(a)(1)(A),(C),(E)
and 4530(b) (or any similar rules),'' as FINRA Rule 3070 is no longer
applicable, to clarify the ICC membership requirements and help members
understand and remain complaint. As such, the proposed rule change is
designed to promote the prompt and accurate clearance and settlement of
securities transactions, derivatives agreements, contracts, and
transactions, to contribute to the safeguarding of securities and funds
associated with security-based swap transactions in ICC's custody or
control, or for which ICC is responsible, and, in general, to protect
investors and the public interest within the meaning of Section
17A(b)(3)(F) of the Act.\5\
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 78q-1(b)(3)(F).
    \4\ Id.
    \5\ Id.
---------------------------------------------------------------------------

    Section 17A(b)(3)(F) of the Act \6\ further requires that the rules
of ICC are not designed to permit unfair discrimination in the
admission of participants or among participants in the use of the
clearing agency. ICC believes that requiring CPs to participate in
default management simulations, new technology testing and other
exercises, as notified by ICC from time to time, in proposed ICC Rule
201(b)(xiv) ensures effective and coordinated testing with
participation from relevant stakeholders. For example, in ICC's view,
participation in periodic testing is necessary and reasonable since
successful default management will involve coordination with CPs.
Moreover, the changes to the notice requirements in ICC Rule 206
consist of clarification and clean-up changes that do not significantly
impact the rights or obligations of CPs under the ICC Rules. As such,
the proposed changes are not designed to permit unfair discrimination
in the admission of participants or among participants in the use of
the clearing agency.
---------------------------------------------------------------------------

    \6\ Id.
---------------------------------------------------------------------------

    In addition, the proposed rule change is consistent with the
relevant requirements of Rule 17Ad-22.\7\ Rule 17Ad-22(b)(3) \8\
requires ICC to establish, implement, maintain and enforce written
policies and procedures reasonably designed to maintain sufficient
financial resources to withstand, at a minimum, a default by the two CP
families to which it has the largest exposures in extreme but plausible
market conditions. ICC believes that the proposed revisions to ICC Rule
201(b) continue to ensure practical and effective default management
procedures, as verified by effective and coordinated testing with CP
participation, which enhances ICC's ability to manage financial stress
from CP defaults, thereby ensuring that ICC continues to maintain
sufficient financial resources to withstand, at a minimum, a default by
the two CP families to which it has the largest exposures in extreme
but plausible market conditions, consistent with the requirements of
Rule 17Ad-22(b)(3).\9\
---------------------------------------------------------------------------

    \7\ 17 CFR 240.17Ad-22.
    \8\ 17 CFR 240.17Ad-22(b)(3).
    \9\ Id.
---------------------------------------------------------------------------

    Rule 17Ad-22(d)(2) \10\ requires ICC to establish, implement,
maintain and enforce written policies and procedures reasonably
designed to require participants to have sufficient financial resources
and robust operational capacity to meet obligations arising from
participation in the clearing agency; have procedures in place to
monitor that participation requirements are met on an ongoing basis;
and have participation requirements that are objective and publicly
disclosed, and permit fair and open access. As discussed above, the
proposed amendments to ICC Rule 201(b) promote effective and
coordinated testing with participation from relevant stakeholders to
ensure operational readiness by ICC and its CPs. The proposed changes
to Rule 206 provide clarity and transparency in the ICC Rules regarding
ICC membership requirements. Replacing the no longer applicable ``FINRA
Rule 3070'' with ``FINRA Rule 4530(a)(1)(A),(C),(E) and 4530(b) (or any
similar rules)'' helps members understand and remain complaint with the
notice requirements in Rule 206. Removing the oral notification
requirement that ICC considers no longer necessary in ICC Rule 206(a)
further ensures that the ICC Rules remain practical and effective.
Moreover, ICC publicly discloses its membership requirements in the ICC
Rules on its website. Thus, ICC believes that the proposed changes
promote effective and coordinated testing with participation from
relevant stakeholders while facilitating fair and open access and
provide greater transparency and clarity regarding the ICC membership
requirements that are objective and publicly disclosed, consistent with
the requirements of Rule 17Ad-22(d)(2).\11\
---------------------------------------------------------------------------

    \10\ 17 CFR 240.17Ad-22(d)(2).
    \11\ Id.
---------------------------------------------------------------------------

    Rule 17Ad-22(d)(8) \12\ requires ICC to establish, implement,
maintain and enforce written policies and procedures reasonably
designed to have governance arrangements that are clear and transparent
to fulfill the public interest requirements in Section 17A of the Act
\13\ applicable to clearing agencies, to support the objectives of
owners and participants, and to promote the effectiveness of ICC's risk
management procedures. The ICC Rules clearly assign and document
responsibility and accountability for reviewing membership applications
and compliance with membership requirements and require consultation
with or approval from the Risk Management Subcommittee, the Risk
Committee, and the Board. As described above, the proposed amendments
ensure that the ICC Rules remain

effective, clear and up-to-date, including by requiring CP
participation in default management simulations, new technology testing
and other exercises to promote operational readiness and practical and
effective policies and procedures, removing the oral notification
requirement that is no longer necessary, and removing and replacing
``FINRA Rule 3070'' that is no longer applicable in Chapter 2. The
governance arrangements in the ICC Rules thus continue to be clear and
transparent, such that information relating to the assignment of
responsibilities and the requisite involvement of relevant stakeholders
is clearly documented, support the objectives of owners and
participants, and promote the effectiveness of ICC's risk management
procedures, consistent with the requirements of Rule 17Ad-22(d)(8).\14\
---------------------------------------------------------------------------

    \12\ 17 CFR 240.17Ad-22(d)(8).
    \13\ 15 U.S.C. 78q-1.
    \14\ 17 CFR 240.17Ad-22(d)(8).
---------------------------------------------------------------------------

    In addition, the amendments are intended to facilitate compliance
with the requirements for covered clearing agencies, namely Rule 17Ad-
22(e)(13) \15\ which requires each covered clearing agency to
establish, implement, maintain and enforce written policies and
procedures reasonably designed to ensure that the covered clearing
agency has the authority and operational capacity to take timely action
to contain losses and liquidity demands and continue to meet its
obligations by, at a minimum, requiring the covered clearing agency's
participants and, when practicable, other stakeholders to participate
in the testing and review of its default procedures, including any
close-out procedures, at least annually and following material changes
thereto. As such, ICC proposes amended Rule 201(b) that requires ICC's
CPs to participate in the testing and review of its default procedures,
as notified by ICC from time to time, to be consistent with the
requirements of Rule 17Ad-22(e)(13).\16\
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    \15\ 17 CFR 240.17Ad-22(e)(13).
    \16\ Id.
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(B) Clearing Agency's Statement on Burden on Competition

    ICC does not believe the proposed amendments would have any impact,
or impose any burden, on competition. The proposed changes to the ICC
Rules will apply uniformly across all market participants. Therefore,
ICC does not believe the proposed rule change imposes any burden on
competition that is inappropriate in furtherance of the purposes of the
Act.

(C) Clearing Agency's Statement on Comments on the Proposed Rule Change
Received From Members, Participants or Others

    Written comments relating to the proposed rule change have not been
solicited or received. ICC will notify the Commission of any written
comments received by ICC.

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 such proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-ICC-2020-007 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ICC-2020-007. 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 such filings will also be available for inspection
and copying at the principal office of ICE Clear Credit and on ICE
Clear Credit's website at https://www.theice.com/clear-credit/regulation.
    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-ICC-2020-007 and should be
submitted on or before May 11, 2020.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-08208 Filed 4-17-20; 8:45 am]
BILLING CODE 8011-01-P