[Federal Register Volume 87, Number 30 (Monday, February 14, 2022)]
[Notices]
[Pages 8245-8246]
[FR Doc No: 2022-03082]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9540-01-OW]

Notice of Public Webinar of the Environmental Financial Advisory
Board (EFAB) via Teleconference

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of public webinar.

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SUMMARY: The Environmental Protection Agency (EPA)'s Environmental
Financial Advisory Board (EFAB) will hold a public webinar for the
first in a series of webinars as part of a Pollution Prevention Finance
Forum to support the EFAB Pollution Prevention workgroup and its charge
(https://www.epa.gov/waterfinancecenter/efab#meeting). Due to interest
from the full Board, this webinar is being opened to the public.

DATES: The webinar will be held on March 9, 2022, from 12 p.m. to 1:30
p.m. (Eastern Time).

ADDRESSES: The webinar will be conducted via teleconference only and is
open to the public. Interested persons must register in advance at the
weblink below to access the webinar.

FOR FURTHER INFORMATION CONTACT: Any member of the public who wants
information about the webinar may contact Tara Johnson via telephone/
voicemail at<PHONE_NUMBER> or email to [email protected]. General
information concerning the EFAB is available at https://www.epa.gov/waterfinancecenter/efab.

SUPPLEMENTARY INFORMATION:
    Background: The EFAB is an EPA advisory committee chartered under
the Federal Advisory Committee Act (FACA), 5 U.S.C. App. 2, to provide
advice and recommendations to EPA on innovative approaches to funding
environmental programs, projects, and activities. Administrative
support for the EFAB is provided by the Water Infrastructure and
Resiliency Finance Center within EPA's Office of Water. Pursuant to
FACA and EPA policy, notice is hereby given that the EFAB will hold a
public webinar for the following purpose:

    The Pollution Prevention Finance Forum is a series of webinars
that explore opportunities and challenges in financing
sustainability, with an initial focus on advancing-opportunities for
small and medium-sized manufacturing businesses. The purpose of this
first Forum webinar is to define the common types of pollution
prevention (P2) projects relevant to small businesses and
manufacturers, characterize the barriers and risks facing businesses
and lenders for P2 projects, and explore financing mechanisms and
structures that are well-suited to overcome these barriers and risks
to enhance financing for P2 projects. P2, also known as source
reduction, is any practice that reduces, eliminates, or prevents
pollution at its source prior to recycling, treatment, or disposal.
More information can be found at https://www.epa.gov/p2.

    The webinar is open to the public, but no oral public comments will
be accepted during the webinar. Written public comments relating to the
Forum and EFAB's Pollution Prevention workgroup should be provided in
accordance with the instructions below on written statements.
    Registration for the Meeting: Register for the meeting at https://www.zoomgov.com/webinar/register/WN_PmuR5AVvSU2yVSM9E_wBgw.
    Availability of Meeting Materials: Meeting materials (including the
meeting agenda and background materials) will be available on EPA's

website at https://www.epa.gov/waterfinancecenter/efab#meeting.
    Procedures for Providing Public Input: Public comment for
consideration by EPA's federal advisory committees has a different
purpose from public comment provided to EPA program offices. Therefore,
the process for submitting comments to a federal advisory committee is
different from the process used to submit comments to an EPA program
office. Federal advisory committees provide independent advice to EPA.
Members of the public can submit comments on matters being considered
by the EFAB for consideration by members as they develop their advice
and recommendations to EPA.
    Written Statements: Written statements and questions for the
webinar should be received by March 4, 2022, so that the information
can be made available to the EFAB for its consideration. Written
statements and questions should be sent via email to [email protected].
Members of the public should be aware that their personal contact
information, if included in any written comments, may be posted to the
EFAB website. Copyrighted material will not be posted without explicit
permission of the copyright holder.
    Accessibility: For information on access or services for
individuals with disabilities or to request accommodations for a
disability, please register for the webinar and list any special
requirements or accommodations needed on the registration form at least
10 business days prior to the meeting to allow as much time as possible
to process your request.

    Dated: February 8, 2022.
Andrew D. Sawyers,
Director, Office of Wastewater Management, Office of Water.
[FR Doc. 2022-03082 Filed 2-11-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: September 21, 2005 (Volume 70, Number 182)]
[Notices]
[Page 55432-55435]
[DOCID:fr21se05-129]

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SECURITIES AND EXCHANGE COMMISSION

[Release Nos. 52444/September 15, 2005 and 27067/September 15, 2005]

Securities Exchange Act of 1934 and Investment Company Act of
1940; Order Under Section 17a and Section 36 of the Securities Exchange
Act of 1934 Granting Exemptions From Specified Provisions of the
Exchange Act and Certain Rules Thereunder; Order Under Section 6(c) and
Section 38(a) of the Investment Company Act of 1940 Granting Exemptions
From Specified Provisions of the Company Act and Certain Rules
Thereunder

    Section 36 of the Securities Exchange Act of 1934 (the ``Exchange
Act'') authorizes the Securities and Exchange Commission (the
``Commission''), by rule, regulation, or order, to exempt, either
conditionally or unconditionally, any person, security, or transaction,
or any class or classes of persons, securities, or transactions, from
any provision or provisions of the Exchange Act or any rule or
regulation thereunder, to the extent that such exemption is necessary
or appropriate in the public interest, and is consistent with the
protection of investors.
    Section 17A(c)(1) of the Exchange Act provides that the appropriate
regulatory agency, by rule or by order, upon its own motion or upon
application, may conditionally or unconditionally exempt any person or
security or class of person or securities from any provision of that
section or any rule or regulation prescribed under Section 17A, if the
appropriate regulatory agency finds that such exemption is in the
public interest and consistent with the protection of investors and the
purposes of this section, including the prompt and accurate clearance
and settlement of securities transactions and the safeguarding of
securities and funds.\1\
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    \1\ Section 3(a)(34) defines ``appropriate regulatory
authority'' when used in the context of transfer agents as generally
(1) the Comptroller of the Currency, in the case of a national bank
or a bank or a subsidiary of such bank; (2) the Board of Governors
of the Federal Reserve System or subsidiary thereof, a bank holding
company or a subsidiary of a bank holding company; (3) the Federal
Deposit Insurance Corporation; and (4) the Commission in the case of
all other transfer agents. Section 17A(c)(1) also requires that the
Commission not object to the use of exemptive authority in instances
where an appropriate regulatory authority other than the Commission
is providing exemptive relief.
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    Section 6(c) of the Investment Company Act of 1940 (the ``Company
Act'') provides that the Commission may exempt any person, security, or
transaction, or any class or classes of persons, securities or
transactions, from any provision of the Company Act, or any rule or
regulation thereunder, if and to the extent that such exemption is
necessary or appropriate in the public interest and consistent with the
protection of investors and the purposes fairly intended by the policy
and provisions of the Company Act. Section 38(a) of the Company Act
provides that the Commission may make, issue, amend and rescind such
rules and regulations and such orders as are necessary or appropriate
to the exercise of the powers conferred upon the Commission under the
Act.
    Hurricane Katrina made landfall along the Gulf Coast on August 29,
2005, causing catastrophic damage to portions of Alabama, Louisiana and
Mississippi. The storm and subsequent flooding displaced individuals
and businesses and disrupted communications across the Gulf Coast
region. We are issuing this Order to address the needs of companies and
individuals located within the areas affected by Hurricane Katrina that
must comply with the requirements of the federal securities laws.

I. Filing Requirements for Registrants and Other Persons

    The lack of communications, facilities and available staff and
professional advisors as a result of Hurricane Katrina could hamper the
efforts of public companies and other persons in the affected areas in
their compliance with filing deadlines. At the same time, investors
have an interest in the timely availability of required information
about these companies and the activities of persons required to file
schedules and reports with respect to these companies. While the
Commission believes that the relief from filing requirements provided
by this Order is both necessary in the public interest and consistent
with the protection of investors, we remind public companies and other
persons who are the subjects of this Order to continue to evaluate
their obligations to make materially accurate and complete disclosures
in accordance with the anti-fraud provisions of the federal securities
laws.
    Accordingly, it is ordered, pursuant to Section 36 of the Exchange
Act, that a registrant (as defined in Exchange Act Rule 12b-2) subject
to the reporting requirements of Exchange Act Section 13(a) or 15(d),
and any person required to make any filings with respect to such a
registrant, is exempt from any requirement to file or furnish materials
with the Commission under Exchange Act Sections 13(a), 13(d), 13(g),
14(a), 14(c), 15(d) and 16(a), Regulations 13A, 13D, 13G, 14A, 14C and
15D, and Rule 16a-3, as applicable, for the period from and including
August 29, 2005 to October 14, 2005, where the conditions below are
satisfied.

Conditions

    (a) With respect to registrants, the address of the registrant's
principal executive offices listed on the cover page of the most recent
periodic report filed by the registrant on Form 10-Q, 10-QSB, 10-K, or
10-KSB is within one of the counties or parishes designated as of this
date to be within the Presidentially Declared Disaster Areas where
Individual Assistance has been authorized by the Federal Emergency
Management Agency as a result of Hurricane Katrina (the ``Presidential
Disaster Areas''), which include the Louisiana parishes of: Acadia,
Ascension, Assumption, Calcasieu, Cameron, East Baton Rouge, East
Feliciana, Iberia, Iberville, Jefferson, Jefferson Davis, Lafayette,
Lafourche, Livingston, Orleans, Pointe Coupee, Plaquemines, St.
Bernard, St. Charles, St. Helena, St. James, St. John, St. Mary, St.
Martin, St. Tammany, Tangipahoa, Terrebonne, Vermilion, Washington,
West Baton Rouge, and West Feliciana; the Mississippi counties of:
Adams, Amite, Attala, Claiborne, Choctaw, Clarke, Copiah, Covington,
Forrest, Franklin, George, Greene, Hancock, Harrison, Hinds, Jackson,
Jasper,

Jefferson, Jefferson Davis, Jones, Kemper, Lamar, Lauderdale, Lawrence,
Leake, Lincoln, Lowndes, Madison, Marion, Neshoba, Newton, Noxubee,
Oktibbeha, Pearl River, Perry, Pike, Rankin, Scott, Simpson, Smith,
Stone, Walthall, Warren, Wayne, Wilkinson, Winston, and Yazoo; and the
Alabama counties of Baldwin, Clarke, Choctaw, Mobile, Pickens, Greene,
Hale, Sumter, Tuscaloosa, and Washington.
    (b) With respect to persons other than registrants, the address
listed on the most recently filed schedule or form that the person had
filed, or the address that the person would be required to list on any
covered schedule or form required to be filed during the time period
covered by this Order, is within one of the Presidential Disaster
Areas; and
    (c) The registrant or person files with the Commission any report,
schedule or form required to be filed during the period from and
including August 29, 2005 to October 14, 2005 on or before October 17,
2005.

II. Furnishing of Proxy and Information Statements

    The conditions in the areas affected by Hurricane Katrina,
including displacement of hundreds of thousands of individuals and the
destruction of property, have prevented and will continue to prevent
the delivery of mail to the region. In light of these conditions, we
believe that relief is warranted for those seeking to comply with our
rules imposing requirements to furnish materials to security holders
when mail delivery is not possible.
    Accordingly, it is ordered, pursuant to Section 36 of the Exchange
Act, that a registrant or any other person is exempt from the
requirements to furnish proxy statements, annual reports and other
soliciting materials, as applicable (the ``Soliciting Materials''),
under Exchange Act Rules 14a-3 and 14a-12, and the requirements to
furnish information statements and annual reports, as applicable (the
``Information Materials''), under Exchange Act Rules 14c-2 and 14c-3,
where the conditions below are satisfied.

Conditions

    (a) The registrant's security holder has a mailing address located
within a zip code where, as a result of Hurricane Katrina, the United
States Postal Service has suspended mail service of the type or class
customarily used by the registrant;
    (b) The registrant or other person making a solicitation has
followed normal procedure when furnishing the Soliciting Materials to
the security holder in order to ensure that the Soliciting Materials
preceded or accompanied the proxy, as required by the rules applicable
to the particular form of Soliciting Materials, or, in the case of
Information Materials, the registrant has followed normal procedure
when furnishing the Information Materials to the security holder in
accordance with the rules applicable to Information Materials; and
    (c) If requested by the security holder, the registrant or other
person provides the Soliciting Materials or Information Materials by a
means reasonably designed to furnish the Soliciting Materials or
Information Materials to the security holder.
* * * * *
    Any registrant or other person unable to meet a deadline (including
any shareholder who is unable to meet a deadline applicable to a
shareholder proposal) or a delivery obligation as a result of Hurricane
Katrina, or in need of other assistance related to their public
filings, should contact the Division of Corporation Finance at (202)
551-3500 or at<EMAIL_ADDRESS>The Division will consider any
requests on a case-by-case basis.

III. Relief Relating Specifically to Registered Investment Companies
Regarding Transmittal of Annual and Semi-Annual Reports to Shareholders
Required by the Company Act and the Rules Thereunder

    For reasons similar to those cited in Section II, we believe that
relief is warranted for the transmittal by registered investment
companies of annual and semi-annual reports to shareholders.
    Accordingly, it is ordered, pursuant to Sections 6(c) and 38(a) of
the Company Act that, for 90 calendar days beginning on August 29,
2005, a registered management investment company is exempt from the
requirements of Section 30(e) of the Company Act and Rule 30e-1
thereunder to transmit annual and semi-annual reports to shareholders;
    And, for 90 calendar days beginning on August 29, 2005, a
registered unit investment trust is exempt from the requirements of
Section 30(e) of the Company Act and Rule 30e-2 thereunder to transmit
annual and semi-annual reports to shareholders,
    Provided that:
    (a) The shareholder or unitholder's mailing address for transmittal
as listed in the records of the registered investment company has a zip
code for which the United States Postal Service has suspended mail
service, as a result of Hurricane Katrina, of the type or class
customarily used by the investment company for transmittal of reports;
and
    (b) The registered investment company or other person promptly
transmits the reports (i) if requested by the shareholder or
unitholder, or (ii) at the earlier of the end of the 90-day period or
the resumption of the applicable mail service.
* * * * *
    Registered investment companies experiencing difficulties in
complying with their obligations after the 90-calendar-day period, or
in need of additional information or assistance regarding issues
arising under the Company Act, should contact the Division of
Investment Management, Office of Chief Counsel, at<PHONE_NUMBER> or
<EMAIL_ADDRESS>or use the contact information provided at the end of

Section II of the Order.

IV. Transfer Agent Compliance With Sections 17A and 17(f) of the
Exchange Act

    Exchange Act Section 17A and Section 17(f), as well as the rules
promulgated under Sections 17A and 17(f), contain requirements for
registered transfer agents relating to, among other things, processing
securities transfers, safekeeping of investor and issuer funds and
securities, and maintaining records of investor ownership. Following
the events of Hurricane Katrina, registered transfer agents located in
the affected region may have difficulty complying with some or all of
their obligations as registered transfer agents. In addition, transfer
agents located outside the affected region in many cases may be unable
to conduct business with entities or securityholders inside the region,
thereby making it difficult to process securities transactions and
corporate actions in conformance with Section 17A, Section 17(f) and
the rules thereunder.
    While the national clearance and settlement system continues to
operate well in light of this emergency, the Commission recognizes that
securities transfers and payments to and from securityholders in the
affected region may present compliance issues for many transfer agents.
Therefore, the Commission is using its authority under Section 17A and
Section 36 of the Exchange Act to relax temporarily certain regulatory
provisions in order to provide transfer agents with flexibility in
coping with the situation.\2\ The

Commission finds the following exemption to be in the public interest
and consistent with the protection of investors and the purpose of
Section 17A of the Exchange Act, including the prompt and accurate
clearance and settlement of securities transactions and the
safeguarding of securities and funds.
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    \2\ This order temporarily exempts transfer agents from the
requirements of (1) Section 17A of the Exchange Act and Rules 17Ad-1
through 17Ad-21T thereunder and (2) Section 17(f) of the Exchange
Act and Rules 17f-1 and 17f-2 thereunder.
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    Accordingly, it is ordered, pursuant to Sections 17A and 36 of the
Exchange Act, that any registered transfer agent located in the
Presidential Disaster Areas that is unable to comply with Section 17A
and Section 17(f) of the Exchange Act and the rules promulgated
thereunder, as applicable, is hereby temporarily exempted from
complying with such provisions for the period from and including August
29, 2005 to October 17, 2005, where the conditions below are satisfied.

Conditions

    (a) Books and Records Maintained at Affected Locations. A
registered transfer agent that maintained books and records at
locations inside the Presidential Disaster Areas must notify the
Commission in writing by October 17, 2005, if such transfer agent knows
or believes that the books and records it is required to maintain
pursuant to Section 17A and the rules thereunder were lost, destroyed,
or materially damaged. To the extent feasible, the transfer agent
should include as much information as possible as to the type of books
and records that were maintained, the names of the issuers for whom
such books and records were maintained, and the extent of the loss of,
or damage to, such books and records.
    (b) Securityholder Funds and Securities. A transfer agent
registered with the Commission and holding securityholder or issuer
funds or securities must notify the Commission in writing by October
17, 2005, if such transfer agent knows or believes that funds or
securities belonging to either issuers or securityholders were lost,
destroyed, stolen, or unaccountable for any reason. To the extent
possible, the transfer agent should include information regarding the
dollar amount of any such funds and the number of such securities.
    Transfer agents that have custody or possession of any
securityholder or issuer funds or securities shall use all reasonable
means available to ensure that all such securities are held in
safekeeping and are handled, in light of all facts and circumstances,
in a manner reasonably free from risk of theft, loss, or destruction
and that all funds are protected against misuse. To the extent
possible, all securityholder or issuer funds that remain in the custody
of the transfer agent shall be maintained in a separate bank account
held for the exclusive benefit of securityholders until such funds are
properly remitted.
    The notifications required under (a) and (b) above shall be sent
to: Securities and Exchange Commission, Office of Filings and
Information Services, 100 F Street, NE., Washington, DC 20549.
    It is further ordered, pursuant to Sections 17A and 36 of the
Exchange Act, that any registered transfer agent that is residing
outside the Presidential Disaster Areas and is unable to comply with
any provision of Section 17A or any provision of any rule thereunder
due to an inability to conduct business with persons (entities or
individuals) inside the Presidential Disaster Areas or an inability to
remit funds or securities to securityholders residing in the
Presidential Disaster Areas is hereby temporarily exempted from
compliance with such provisions with respect to those specific
transactions for the period from and including August 29, 2005, to
October 17, 2005, on the condition that such transfer agent must make
and keep a record of the extent of and the reason for noncompliance and
retain those records for a period of no less than three years. As a
further condition to this exemption, to the extent the transfer agent
has not already done so, registered transfer agents shall maintain in a
separate bank account held for the exclusive benefit of securityholders
all securityholder funds to be remitted to securityholders until such
funds are properly remitted to the securityholders.
* * * * *
    The Commission encourages registered transfer agents and the
issuers for whom they act to inform affected securityholders whom they
should contact concerning their accounts, their access to funds or
securities, and other shareholder concerns. If feasible, issuers and
their transfer agents should consider placing a notice on their
websites or providing toll free numbers to respond to inquiries.
    Transfer agents experiencing difficulties in complying with
obligations after October 17, 2005, or in need of additional
information, should contact the Division of Market Regulation, Office
of Interpretation and Guidance, at<PHONE_NUMBER> or<EMAIL_ADDRESS>or use the contact information provided at the end of Section II of the
Order.

V. Independence--Bookkeeping or Other Services Related to the
Accounting Records or Financial Statements of the Audit Client

    The conditions in the areas affected by Hurricane Katrina,
including displacement of hundreds of thousands of individuals, the
destruction of property and loss or destruction of corporate records,
may require massive and extraordinary efforts to reconstruct lost or
destroyed accounting records. The Commission understands that in this
unique situation an audit client may look to its auditor for assistance
in reconstruction of its accounting records because of the auditor's
knowledge of the client's financial systems and records. Under Section
10A(g)(1) of the Exchange Act and Rule 2-01(c)(4)(i) of Regulation S-X,
auditors are prohibited from providing bookkeeping or other services
relating to the accounting records of the audit client, and in Rule 2-
01(c)(4)(i) of Regulation S-X, these prohibited services are described
as including ``maintaining or preparing the audit client's accounting
records'' or ``preparing or originating source data underlying the
audit client's financial statements.'' In light of the conditions in
areas affected by Hurricane Katrina, however, we believe that limited
relief from these prohibitions is warranted for those registrants and
other persons that are required to comply with the independence
requirements of the federal securities laws and the Commission's rules
and regulations thereunder and that are affected by those conditions.
    Accordingly, it is ordered, pursuant to Section 36 of the Exchange
Act, that independent certified public accountants engaged to provide
audit services to registrants and other persons required to comply with
the independence requirements of the federal securities laws and the
Commission's rules and regulations thereunder are exempt from the
requirements of Section 10A(g)(1) of the Exchange Act and Rule 2-
01(c)(4)(i) of Regulation S-X, where the conditions below are
satisfied.

Conditions

    (a) With respect to audit clients that are registrants, the address
of the registrant's principal executive offices listed on the cover
page of the most recent periodic report filed by the registrant on Form
10-Q, 10-QSB, 10-K, or 10-KSB is within one of the Presidential
Disaster Areas;
    (b) With respect to audit clients other than registrants, the
address listed on the most recently filed schedule or form

that the audit client had filed, or the address that the audit client
would be required to list on any covered schedule or form required to
be filed, is within one of the Presidential Disaster Areas;
    (c) Services provided by the auditor are limited to reconstruction
of previously existing accounting records that were lost or destroyed
as a result of Hurricane Katrina and such services cease as soon as the
client's lost or destroyed records are reconstructed, its financial
systems are fully operational and the client can effect an orderly and
efficient transition to management or other service provider; and
    (d) With respect to issuers, the services provided by the issuer's
auditor pursuant to this Order are subject to pre-approval by the
issuer's audit committee as required by Rule 2-01(c)(7) of Regulation
S-X.
* * * * *
    Auditors or audit clients with questions about this section of the
Order or with other questions relating to auditor independence are
encouraged to call the Office of the Chief Accountant directly at (202)
551-5300 or use the contact information provided at the end of Section
II of the Order.

    By the Commission.
Jonathan G. Katz,
Secretary.
[FR Doc. 05-18761 Filed 9-20-05; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 80, Number 59 (Friday, March 27, 2015)]
[Notices]
[Pages 16471-16475]
[FR Doc No: 2015-06992]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74563; File No. SR-ICC-2015-004]

Self-Regulatory Organizations; ICE Clear Credit LLC; Notice of
Filing of Proposed Rule Change Relating to Physical Settlement of CDS
Contracts

March 23, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on March 11, 2015, ICE Clear Credit LLC (``ICC'' or the
``clearinghouse'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II
and III below, which Items have been prepared 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.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The purpose of the proposed rule change is to amend ICC rules to
modify the terms and conditions for physical settlement of cleared CDS
Contracts, and to adopt certain new delivery procedures relating to
physical settlement.

II. Self-Regulatory Organization'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 and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. ICC has prepared summaries, set forth in sections A, B,
and C below, of the most significant aspects of these statements.

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

    ICC submits proposed amendments to the ICC Clearing Rules (``ICC
Rules'') relating to physical settlement of CDS Contracts. Upon the
occurrence of a credit event under a cleared CDS Contract, the contract
is typically settled in cash in accordance with the terms of the ICC
Rules, which incorporate the applicable ISDA Credit Derivatives
Definitions (the ``ISDA Definitions'') and the market-standard credit
default swap auction methodology for determining the cash settlement
price. However, in certain circumstances, such as where the Credit
Derivatives Determinations Committee decides not to hold a cash
settlement auction for a particular credit event, or such an auction is
cancelled under the terms of the auction methodology (including because
of a failure to determine the auction settlement price), the CDS
Contracts provide for a fallback settlement method of physical
settlement. Under physical settlement of a CDS contract generally, the
protection buyer will be entitled to deliver one or more qualifying
deliverable obligations to the protection seller, in which case the
protection seller will be required to pay the protection buyer a
defined physical settlement amount. Under the current ICC Rules, if
physical settlement applies,\3\ the clearinghouse will match clearing
participants (``Participants'') that are protection buyers with
Participants that are protection sellers in the relevant contract, and
the two Participants will be responsible for effecting physical
settlement between them. ICC does not itself perform or guarantee
performance of physical settlement between the matched Participants.
Once matching occurs, the contract is purely a bilateral contract
between the matched Participants, and the clearinghouse has no further
rights or obligations with respect to the contract. ICC does, however,
collect and hold physical settlement margin as collateral agent on
behalf of the protection buyer to secure the protection seller's
obligations to the protection buyer under physical settlement.
---------------------------------------------------------------------------

    \3\ ICC notes that to date, physical settlement has not been
necessary for any of the CDS Contracts cleared by ICC.
---------------------------------------------------------------------------

    At the request of its Participants, and following extensive
consultation with them, ICC proposes to amend the ICC Rules relating to
physical settlement such that the clearinghouse will be responsible for
financial performance of physical settlement. ICC understands that
Participants and other market participants view the current approach,
in which cash settlement of credit events is guaranteed by the
clearinghouse but physical settlement is not, as creating a potentially
anomalous result in the unlikely case that physical settlement may
apply. The application of physical settlement would be a circumstance
that is generally not within any Participant's control, and under the
current rules may expose Participants to a significantly different
credit risk profile than under cash settlement (where the Participant
is exposed to the credit of the clearinghouse). In light of these
discussions, ICC has determined that it is appropriate to extend the
clearing guarantee to the financial performance of physical settlement.
ICC notes that under the amended approach, it would still require
payments and deliveries in the ordinary course under physical
settlement to be made directly between the matched buying Participant
and selling Participant, with the clearinghouse only being obligated to
make direct payments in the case of certain defined settlement failure
scenarios. ICC believes that this proposed rule change will further the
general policy goals of central clearing for CDS transactions, and is
consistent with the clearinghouse's financial

resources, risk management procedures and operational capabilities.\4\
---------------------------------------------------------------------------

    \4\ ICC notes that a substantially similar approach to physical
settlement is used in the ICE Clear Europe Limited CDS clearing
service.
---------------------------------------------------------------------------

    ICC proposes to make certain amendments to Chapters 1, 4, 5, 21 and
22 of the ICC Rules. ICC also proposes to adopt a related set of
Delivery Procedures and Physical Settlement and Notices Terms. ICC also
proposes to make certain related and conforming changes to its Risk
Management Framework. All capitalized terms not defined herein are
defined in the ICC Rules.
    In Chapter 1 of the ICC Rules, the definition of ``Client-Related
Initial Margin'' has been amended so that it now includes Physical
Settlement Margin collected with respect to Client-Related Positions.
As discussed below, such Physical Settlement Margin will now secure the
obligations of a Participant to ICC in connection with physical
settlement. Similarly, in Rule 403, the definition of ``Physical
Settlement Margin'' has been amended to refer to such obligations to
ICC (as opposed to the obligations to the matched Participant under the
current ICC Rules). In Rule 502(b), a conforming reference to Physical
Settlement Margin has been updated. A conforming change is also made in
Rule 2101-02(a)(iv).
    In Chapter 22 (which covers physical settlement), a new Rule 2200
is added with definitions relating to the revised physical settlement
provisions, including ``Matched Delivery Buyer'' and ``Matched Delivery
Seller,'' and the related terms ``Matched Delivery Contract,''
``Matched Delivery Buyer Contract,'' ``Matched Delivery Seller
Contract'' and ``MP Delivery Amount.'' As discussed below, these terms
are used in connection with the matching of buying Participants and
selling Participants in the revised settlement procedures. A new
definition of ``Asset Package Delivery Notice'' has also been added to
address notices in connection with Asset Package delivery under the
2014 ISDA Credit Derivatives Definitions (the ``2014 ISDA
Definitions'').
    Rule 2201(a), which provides for matching of buying Participants
and selling Participants into a Matched Delivery Pair in the case of
physical settlement, has been revised to address scenarios where a
Participant's CDS contracts must be split and matched with multiple
other Participants for purposes of physical settlement. Conforming
changes to use applicable defined terms (such as Relevant Restructuring
Credit Event) have also been made. Rule 2201(b), which addresses
delivery of certain notices between a Matched Delivery Pair, has been
revised to include references to Asset Package Delivery Notices. Rule
2201(c) has been deleted at the request of Participants as being
inconsistent with the terms of uncleared CDS and unnecessary in light
of the provisions of the ISDA Definitions and Rule 2202.
    Rule 2202, which addresses resolution of disputes related to
permissible deliverable obligations, has been revised to incorporate
the concept of Asset Package Delivery under the 2014 ISDA Definitions,
as well as related concepts of Prior Deliverable Obligations, Package
Observable Bonds and Asset Package Delivery Notices. Rules 2202(b) and
(c) have also been revised to address the consequences of a selling
Participant's refusal to accept delivery of a particular obligation,
including for the offsetting transaction between ICC and the buying
Participant.
    Rule 2203 has been replaced with new provisions addressing the
clearinghouse's role in physical settlement. When a Matched Delivery
Pair is established, the CDS Contract between the Matched Delivery
Buyer and ICC is referred to as the Matched Delivery Buyer Contract,
and the corresponding CDS Contract between ICC and the Matched Delivery
Seller is referred to as the Matched Delivery Seller Contract. Under
the revised physical settlement approach, ICC remains party to each
such contract, but requires certain notices, payments and deliveries to
take place directly between the Matched Delivery Buyer and Matched
Delivery Seller. Accordingly, under Rule 2203(a), for each Matched
Delivery Buyer Contract, ICC designates the Matched Delivery Seller to
receive on ICC's behalf notices and deliveries from the Matched
Delivery Buyer and to make payments on ICC's behalf to the Matched
Delivery Buyer. Similarly, under Rule 2203(b), for each Matched
Delivery Seller Contract, ICC designates the Matched Delivery Buyer to
deliver on ICC's behalf notices and deliveries to the Matched Delivery
Seller, and to receive on ICC's behalf payments from the Matched
Delivery Seller. The result is that notices, payments and deliveries
will be made directly between the Matched Delivery Buyer and Matched
Delivery Seller, in satisfaction of the parties and ICC's respective
obligations under both the Matched Delivery Buyer Contract and Matched
Delivery Seller Contract. Rule 2203(c) further clarifies that the
exercise of rights by Matched Delivery Buyer against ICC will be deemed
the exercise by ICC of the corresponding rights against Matched
Delivery Seller, and vice versa. Rules 2203(d) and (e) provide for
copies of relevant notices to be provided to ICC, as well as notice of
the completion of settlement between the Matched Delivery Buyer and
Matched Delivery Seller. Rule 2203(f) clarifies the obligations of the
respective parties to a Matched Delivery Contract, and addresses a
scenario where an Asset Package being delivered is deemed to have a
value of zero under the 2014 ISDA Definitions. Rule 2203(g) allocates
costs and expenses that may be incurred by ICC in connection with
physical settlement.
    Rule 2204, as revised, addresses physical settlement of certain
deliverable obligations that do not settle in the ordinary course on a
delivery-versus-payment basis (``Non-DVP Obligations''). The rule
establishes a procedure under which the Matched Delivery Seller pays
the physical settlement amount owed to ICC, which in turn will not pay
such amount to the Matched Delivery Buyer until ICC receives notice
that the obligation has been received by the Matched Delivery Seller
from the Matched Delivery Buyer. If the obligation is not delivered,
the physical settlement amount is returned to the Matched Delivery
Seller.
    Rule 2205 addresses settlement failures by the Matched Delivery
Seller or Matched Delivery Buyer. Under subsection (a), if the Matched
Delivery Seller fails to pay the physical settlement amount when due,
the Matched Delivery Buyer Contract will be cash settled as between the
Matched Delivery Buyer and ICC. ICC thus will not be obligated to take
delivery of the relevant deliverable obligations (and dispose of them
in a situation where the Matched Delivery Seller has failed to
perform), but will compensate the Matched Delivery Buyer for the value
of the Matched Delivery Buyer Contract through the cash settlement
process. Pursuant to subsection (b), ICC may, in addition to its other
default remedies, terminate the Matched Delivery Seller Contract, in
which case the Matched Delivery Seller will owe ICC an amount equal to
the cash settlement amount ICC paid the Matched Delivery Buyer,
together with other losses and expenses incurred by ICC as a result of
the failure. Rule 2205(c) provides that, consistent with the terms of
the ISDA Definitions applicable to a protection buyer generally, any
failure by ICC to deliver any deliverable obligations to the Matched
Delivery Seller (including as a result of a failure by the Matched
Delivery Buyer to make a delivery) will not constitute a default by
ICC, and the Matched Delivery Seller's sole remedy

will be as set forth in the Matched Delivery Seller Contract (which may
include, for example, buy-in remedies of the Matched Delivery Seller).
ICC will not have any obligation to purchase or acquire deliverable
obligations (other than in settlement of the Matched Delivery Buyer
Contract) in order to settle the Matched Delivery Seller Contract. This
is consistent with the clearinghouse's guarantee of finance
performance, but not actual delivery. In the event of a delivery
failure by a Matched Delivery Buyer, such party will be liable to ICC
for any costs incurred by ICC in settling the corresponding Matched
Delivery Seller Contract (in addition to ICC's other remedies for a
default).
    Rule 2206 covers certain other, non-default scenarios in which
physical settlement fails to occur. Under Rule 2206(a) and (b), if
physical settlement of the Matched Buyer Delivery Contract does not
occur because the deliverable obligation is in less than the relevant
minimum denomination or the Matched Delivery Seller is not a permitted
transferee of the obligation, the failure will be treated as an
illegality or impossibility outside of the parties' control, which will
result in cash settlement \5\ under the ISDA Definitions. In this and
other scenarios where a cash settlement fallback applies, the same cash
settlement amount will apply to both the Matched Delivery Buyer
Contract and Matched Delivery Seller Contract under Rule 2206(c).
Similarly, in the case of a buy-in, the same buy-in price will apply to
both contracts. Rule 2206(d) provides for cash settlement of both the
Matched Delivery Buyer Contract and Matched Delivery Seller Contract in
certain cases where delivery does not occur between the Matched
Delivery Buyer and the customer for which it is acting. Rule 2206(e)
specifies the date of any cash settlement and provides for notice of
the relevant amount owed.
---------------------------------------------------------------------------

    \5\ Cash settlement in this context is different from the
auction cash settlement that normally applies to CDS contracts under
the ISDA Definitions, and is based on price quotations obtained by
the relevant party to the contract for the obligation or obligations
that cannot be delivered.
---------------------------------------------------------------------------

    Rule 2207(a) provides for certain standard representations and
related provisions for physical settlement in the ISDA Definitions to
apply as between the Matched Delivery Buyer and Matched Delivery
Seller, and clarifies ICC's authority to designate a Participant to
make or receive physical settlement on its behalf as provided in Rules
2203 and 2204 for purposes of Section 9.2(c)(iv) of the 2003
Definitions or Section 11.2(c)(iv) of the 2014 Definitions, even though
the Participant is not its Affiliate. Rule 2207(b) clarifies certain
procedures for obtaining price quotations for the relevant deliverable
obligations in the event that a cash settlement fallback applies.
    Rule 2208 allows the Matched Delivery Buyer and Matched Delivery
Seller to settle their rights and obligations as to physical settlement
through an alternative arrangement agreed between them (referred to as
a ``CADP''), in lieu of settlement pursuant to Chapter 22 of the Rules.
If they so agree, ICC will have no obligation in respect of such
alternative arrangement.
    Rule 2209(a) and (c) provide that margin (including physical
settlement margin) will continue to be called and held through
settlement. Rule 2209(b) provides that ICC will apply physical
settlement margin to satisfy the Matched Delivery Seller's obligation
to pay the physical settlement amount, and call such seller for any
shortfall.
    ICC also proposes to adopt Delivery Procedures that further specify
certain operational and other details for the physical settlement
process. Paragraph 1 provides certain definitions used in the Delivery
Procedures. Paragraph 3.2 sets out certain requirements for providing
notices in connection with physical settlement. Paragraphs 3.3(a)-(e)
establish the procedures and timetable for ICC to allocate Matched
Delivery Pairs and notify Participants accordingly. Paragraph 3.3(g)
addresses additional procedures concerning delivery of notices by
Participants in connection with physical settlement, including as to
relevant notice deadlines, requirements for providing copies of notices
to the clearinghouse, treatment of late notices and procedures for
disputes involving notices. Paragraph 4 of the Delivery Procedures
specifies certain deadlines in connection with the physical settlement
of Non-DVP Obligations under Rule 2204. Paragraph 5 specifies the
deadline for notices that parties have elected a CADP.
    ICC also proposes to adopt a set of Physical Settlement and Notices
Terms (``Notices Terms'') with respect to physical settlement. The
Notices Terms are intended to set forth in a uniform way certain
matters between a Participant and its customer in connection with
physical settlement, including delivery of physical settlement notices
and delivery and receipt of deliverable obligations as between the
Participant and its customer. The Notices Terms also address the
operation of certain cash settlement and other fallbacks as between the
Participant and its customer. The Notices Terms do not bind ICC and do
not form part of the ICC Rules or ICC Procedures. The Notices Terms are
published for the convenience and use of Participants and their
customers, and are designed to be incorporated by reference in customer
clearing documentation. However, a Participant and its customer may
agree to vary the Notices Terms as between them.
    ICC also proposes to make certain changes to its Risk Management
Framework to accommodate the changes relating to physical settlement
that are being made to the Rules and procedures as set forth herein. As
revised, the Risk Management Framework reflects the clearinghouse's
obligations in respect of physical settlement as provided in the
amended Rules and procedures. It sets out the steps in the physical
settlement process to be taken by the clearinghouse if physical
settlement applies, including the matching of Participants into Matched
Delivery Pairs, consistent with the Rules and procedures. The revisions
also address the calculation, collection and use of margin (including
physical settlement margin) where physical settlement applies.
    Section 17A(b)(3)(F) of the Act \6\ 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 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, Section
17(A)(b)(3)(F) \7\ and Rule 17Ad-22,\8\ because the proposed rule
change will assure the prompt and accurate clearance and settlement of
securities transactions and derivatives agreements, contracts, and
transactions. Specifically, ICC believes that the proposed amendments
will enhance the clearance and settlement of CDS transactions in
circumstances where physical settlement applies. Although physical
settlement applies only rarely, and as a fallback to the normal
procedure for auction cash settlement, ICC and its Participants believe
that the amendments will benefit the CDS market generally by making the
physical settlement process more robust and providing greater certainty
around the

physical settlement process. ICC proposes to extend its clearing
guarantee to the financial performance of physical settlement, which
eliminates the existing gap in coverage where contracts go to physical
settlement and avoids exposing Participants to the direct credit of
other Participants in the case of physical settlement. At the same
time, ICC has designed the revised procedures so that it is not itself
required to make or take delivery of underlying deliverable
obligations. In the ordinary course, payments and deliveries (and
related notices) will be made directly between the matched buying and
selling Participants. In the case of a settlement failure, the
clearinghouse's obligations will be settled in cash, avoiding the need
for the clearinghouse to obtain or dispose of deliverable obligations.
In ICC's view, this allows it to appropriately limit and manage its
risks with respect to physical settlement of cleared CDS contracts. As
a result, ICC believes that the amendments will promote the accurate
clearing and settlement of CDS contracts, and are therefore consistent
with the requirements of Section 17A(b)(3)(F) of the Act.\9\
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78q-1(b)(3)(F).
    \7\ Id.
    \8\ 17 CFR 240.17Ad-22.
    \9\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

    In addition, the amendments are consistent with the requirements of
Rule 17Ad-22.\10\ In particular, Rule 17Ad-22(d)(15) \11\ requires that
ICC ``state to its participants the clearing agency's obligations with
respect to physical deliveries and identify and manage the risks from
these obligations.'' As discussed above, revised chapter 22 of the
Rules clearly states ICC's obligations with respect to physical
settlement of CDS Contracts. The revised Rules establish the
clearinghouse's responsibility for financial performance of physically
settled contracts, while establishing the procedures for settlement in
the ordinary course to take place directly between the buying
Participant and the selling Participant. The Rules also establish the
procedures to be followed in the case of a settlement failure and the
responsibilities of the relevant Participants and ICC with respect
thereto, and provide a mechanism for ICC to effect settlement in cash
without having to acquire or dispose of the underlying deliverable
obligations. In ICC's view, these arrangements permit it to
appropriately manage the risks to the clearinghouse from the physical
settlement obligations it would undertake under the proposed
amendments, and are therefore consistent with the requirements of Rule
17Ad-22(d)(15).\12\
---------------------------------------------------------------------------

    \10\ 17 CFR 240.17Ad-22.
    \11\ 17 CFR 240.17Ad-22(d)(15).
    \12\ Id.
---------------------------------------------------------------------------

    In terms of financial resources, ICC will continue to collect
initial and mark-to-market margin for CDS Contracts through the
completion of physical settlement, and does not propose to change its
margin methodology with respect thereto in connection with these
amendments. In addition, ICC will collect physical settlement margin to
cover the specific obligations of Participants to the clearinghouse
with respect to physical settlement. In ICC's view, its financial
resources will as a result be sufficient to support its clearing
operations, including under the amended physical settlement procedures,
in a manner consistent with the requirements of Rule 17Ad-22(d)(2).\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 240.17Ad-22(d)(2).
---------------------------------------------------------------------------

    In terms of default management, the amendments provide additional
procedures for addressing settlement failures in the physical
settlement process, in a manner that provides financial protection to
non-defaulting Participants while avoiding the need for the
clearinghouse to make or take physical delivery. ICC believes that
these additional provisions, together with its existing default
management rules and procedures, will permit it to take timely action
to contain losses and liquidity pressures and continue meeting its
obligations in the case of a default, including in connection with
physical settlement, within the meaning of Rule 17Ad-22(d)(11).\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 240.17Ad-22(d)(11).
---------------------------------------------------------------------------

    ICC also believes that its operational systems and capabilities are
sufficient to support the changes to physical settlement. As discussed
above, ICC proposes to adopt Delivery Procedures that would specify
certain key operational aspects of the physical settlement process.
These procedures, as well as related systems and arrangements, address
relevant sources of operational risk in the physical settlement process
and are designed to minimize such risks, within the meaning of Rule
17Ad-22(d)(4).\15\
---------------------------------------------------------------------------

    \15\ 17 CFR 240.17Ad-22(d)(4).
---------------------------------------------------------------------------

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

    ICC does not believe the proposed amendments would have any impact,
or impose any burden, on competition not necessary or appropriate in
furtherance of the purpose of the Act. The amendments will apply
uniformly across all Participants. Although physical settlement is
expected to be a remote circumstance, the amendments are intended to
extend the benefit of the clearing guarantee to that process in the
event it occurs, and therefore would generally be expected to benefit
all market participants. Although ICC may collect additional physical
settlement margin in connection with physical settlement, such margin
is, in ICC's view, necessary to protect the operation of the
clearinghouse and will affect all Participants with positions that go
to physical settlement. In other respects, ICC does not anticipate that
these enhancements will materially affect the cost of clearing for
Participants or other market participants. In addition, ICC is not
otherwise proposing to change its standards for access to the
clearinghouse or the terms and conditions of cleared contracts (which
already provide for physical settlement in these limited circumstances,
but without the benefit of the clearinghouse guarantee). As a result,
ICC does not believe the amendments will adversely affect the ability
of Participants or other market participants to continue to clear CDS
contracts. ICC also does not believe the enhancements will limit the
availability of clearing in CDS products for Participants or their
customers or otherwise limit market participants' choices for selecting
clearing services in CDS. Therefore, ICC does not believe the proposed
rule change imposes any burden on competition that is not appropriate
in furtherance of the purpose of the Act.

C. Self-Regulatory Organization'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 the proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-ICC-2015-004 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ICC-2015-004. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filings will also be available
for inspection and copying at the principal office of ICE Clear Credit
and on ICE Clear Credit's Web site at https://www.theice.com/clear-credit/regulation.
    All comments received will be posted without change; the Commission
does not edit personal identifying information from submissions. You
should submit only information that you wish to make available
publicly. All submissions should refer to File Number SR-ICC-2015-004
and should be submitted on or before April 17, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
---------------------------------------------------------------------------

    \16\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Brent J. Fields,
Secretary.
[FR Doc. 2015-06992 Filed 3-26-15; 8:45 am]
 BILLING CODE 8011-01-P


Office of Ground Water and Drinking Water

March 16, 2010

MEMORANDUM

SUBJECT: 	Basis for Expedited Approval of ReadyCult®, Chromocult®, and Modified Colitag™ for the determination of Escherichia coli (E. coli) under the Ground Water Rule

FROM: 	Jennifer Best, Microbiologist

Technical Support Center

TO: 		The Record

The Ground Water Rule (GWR) was proposed in May 2000 (67 FR 65888) and promulgated in 2006 (71 FR 65574).  Many of the the methods proposed for use for E. coli determination under the GWR were the same as those promulgated for use under the Total Coliform Rule (TCR) (40 CFR 141.21(f)(6)) at the time of the preparation of the GWR proposal.

During the six years between the GWR proposal and promulgation, additional methods for E. coli determination were evaluated and approved for use under the TCR.  Because these methods were not included in the GWR proposal, they were not included in the final GWR.

Readycult® and Chromocult® are among the methods approved for E. coli determination under the Total Coliform Rule (TCR) (40 CFR 141.21(f)(6)).  Readycult® and Chromocult® were approved for use under the TCR in 2002 (67 FR 65888), after the proposal of the Ground Water Rule (65 FR 30194).  Prior to the approval of these methods under the TCR, these methods were evaluated through the Alternate Test Procedure (ATP).  The ATP process consists of a procedure  whereby new methods are evaluated against a previously approved reference method.  Through ATP evaluations, both Readycult® and Chromocult®  were found to be as equally effective as Standard Methods 9221F for E. coli determination.  Standard Methods 9221F had been previously approved for use under both the TCR and the GWR.  For this reason, these methods would be equally effective for use under the GWR.

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Cmodified Colitag™ has been found to be as equally effective as Standard Methods 9221F, which is approved under the TCR and under the GWR,  modified Colitag would be as equally effective for use in E. coli determination under the GWR.


[Federal Register Volume 81, Number 65 (Tuesday, April 5, 2016)]
[Notices]
[Pages 19612-19616]
[FR Doc No: 2016-07791]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2016-0002; Internal Agency Docket No. FEMA-B-1607]

Changes in Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice lists communities where the addition or
modification of Base Flood Elevations (BFEs), base flood depths,
Special Flood Hazard Area (SFHA) boundaries or zone designations, or
the regulatory floodway (hereinafter referred to as flood hazard
determinations), as shown on the Flood Insurance Rate Maps (FIRMs), and
where applicable, in the supporting Flood Insurance Study (FIS)
reports, prepared by the Federal Emergency Management Agency (FEMA) for
each community, is appropriate because of new scientific or technical
data. The FIRM, and where applicable, portions of the FIS report, have
been revised to reflect these flood hazard determinations through
issuance of a Letter of Map Revision (LOMR), in accordance with Title
44, Part 65 of the Code of Federal Regulations (44 CFR part 65). The
LOMR will be used by insurance agents and others to calculate
appropriate flood insurance premium rates for new buildings and the
contents of those buildings. For rating purposes, the currently
effective community number is shown in the table below and must be used
for all new policies and renewals.

DATES: These flood hazard determinations will become effective on the
dates listed in the table below and revise the FIRM panels and FIS
report in effect prior to this determination for the listed
communities.
    From the date of the second publication of notification of these
changes in a newspaper of local circulation, any person has 90 days in
which to request through the community that the Deputy Associate
Administrator for Mitigation reconsider

the changes. The flood hazard determination information may be changed
during the 90-day period.

ADDRESSES: The affected communities are listed in the table below.
Revised flood hazard information for each community is available for
inspection at both the online location and the respective community map
repository address listed in the table below. Additionally, the current
effective FIRM and FIS report for each community are accessible online
through the FEMA Map Service Center at www.msc.fema.gov for comparison.
    Submit comments and/or appeals to the Chief Executive Officer of
the community as listed in the table below.

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 specific flood hazard determinations are
not described for each community in this notice. However, the online
location and local community map repository address where the flood
hazard determination information is available for inspection is
provided.
    Any request for reconsideration of flood hazard determinations must
be submitted to the Chief Executive Officer of the community as listed
in the table below.
    The modifications are made pursuant to section 201 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.
    The FIRM and FIS report are the basis of the floodplain management
measures that the community is required either to adopt or to show
evidence of having in effect in order to qualify or remain qualified
for participation in the National Flood Insurance Program (NFIP).
    These 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. The flood hazard
determinations are in accordance with 44 CFR 65.4.
    The affected communities are listed in the following table. Flood
hazard determination information for each community is available for
inspection at both the online location and the respective community map
repository address listed in the table below. Additionally, the current
effective FIRM and FIS report for each community are accessible online
through the FEMA Map Service Center at www.msc.fema.gov for comparison.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: March 4, 2016.
Roy E. Wright,
Deputy Associate Administrator for Insurance and Mitigation, Department
of Homeland Security, Federal Emergency Management Agency.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         Chief executive                         Online location of
        State and county           Location and case       officer  of        Community map        letter of  map       Effective date of     Community
                                          No.               community          repository             revision             modification          No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Colorado:
    Arapahoe....................  Unincorporated       The Honorable       Arapahoe County     http://                May 26, 2016.........       080011
                                   areas of Arapahoe    Nancy N. Sharpe,    Public Works        www.msc.fema.gov/
                                   County (15-08-       Chair, Arapahoe     Department, 6924    lomc..
                                   1087P).              County Board of     South Lima
                                                        Commissioners       Street,
                                                        5334 South Prince   Littleton, CO
                                                        Street,             80122.
                                                        Littleton, CO
                                                        80120.
    Archuleta...................  Unincorporated       The Honorable       Archuleta County    http://                May 20, 2016.........       080273
                                   areas of Archuleta   Michael Whiting,    Development         www.msc.fema.gov/
                                   County, (14-08-      Chairman,           Services            lomc..
                                   0969P).              Archuleta County    Department, P.O.
                                                        Board of            Box 1507, Pagosa
                                                        Commissioners,      Springs, CO 81147.
                                                        P.O. Box 1507,
                                                        Pagosa Springs,
                                                        CO 81147.
    Denver......................  City and County of   The Honorable       Department of       http://                May 19, 2016.........       080046
                                   Denver, (15-08-      Michael B.          Public Works, 201   www.msc.fema.gov/
                                   1275P).              Hancock, Mayor,     West Colfax         lomc..
                                                        City and County     Avenue, Denver,
                                                        of Denver, 1437     CO 80202.
                                                        Bannock Street,
                                                        Suite 350,
                                                        Denver, CO 80202.
    Routt.......................  City of Steamboat    The Honorable       City Hall, 124      http://                May 31, 2016.........       080159
                                   Springs, (15-08-     Walter Magill,      10th Street,        www.msc.fema.gov/
                                   0994P).              President, City     Steamboat           lomc..
                                                        of Steamboat        Springs, CO 80477.
                                                        Springs Council,
                                                        1769 Brome Drive,
                                                        Steamboat
                                                        Springs, CO 80487.
Florida:
    Broward.....................  City of Pompano      The Honorable       Building            http://                May 27, 2016.........       120055
                                   Beach, (15-04-       Lamar Fisher,       Inspections         www.msc.fema.gov/
                                   6416P).              Mayor, City of      Department, 100     lomc.
                                                        Pompano Beach,      West Atlantic
                                                        100 West Atlantic   Boulevard,
                                                        Boulevard,          Pompano Beach, FL
                                                        Pompano Beach, FL   33060.
                                                        33060..
    Hardee......................  City of Wauchula,    The Honorable       Administration      http://                May 27, 2016.........       120105
                                   (14-04-9451P).       Richard Keith       Building, 126       www.msc.fema.gov/
                                                        Nadaskay, Jr.,      South 7th Avenue,   lomc..
                                                        Mayor, City of      Wauchula, FL
                                                        Wauchula, 126       33873.
                                                        South 7th Avenue,
                                                        Wauchula, FL
                                                        33873.

    Hardee......................  Unincorporated       The Honorable Rick  Hardee County,      http://                May 27, 2016.........       120103
                                   areas of Hardee      Knight, Chairman,   Planning and        www.msc.fema.gov/
                                   County, (14-04-      Hardee County       Development         lomc..
                                   9451P).              Board of            Department, 110
                                                        Commissioners,      South 9th Avenue,
                                                        412 West Orange     Wauchula, FL
                                                        Street, Room 103,   33873.
                                                        Wauchula, FL
                                                        33873.
    Levy........................  City of Cedar Key,   The Honorable       Building            http://                May 27, 2016.........       120373
                                   (15-04-4427P).       Heath Davis,        Department, 490     www.msc.fema.gov/
                                                        Mayor, City of      2nd Street, Cedar   lomc..
                                                        Cedar Key, 490      Key, FL 32625.
                                                        2nd Street, Cedar
                                                        Key, FL 32625.
    Miami-Dade..................  City of Sunny Isles  The Honorable       Building            http://                Jun. 2, 2016.........       120688
                                   Beach, (15-04-       George ``Bud''      Department, 18070   www.msc.fema.gov/
                                   4049P).              Scholl, Mayor,      Collins Avenue,     lomc..
                                                        City of Sunny       Sunny Isles
                                                        Isles Beach,        Beach, FL 33160.
                                                        18070 Collins
                                                        Avenue, Sunny
                                                        Isles Beach, FL
                                                        33160.
    Orange......................  City of Orlando,     The Honorable       Public Works        http://                May 31, 2016.........       120186
                                   (16-04-0720P).       Buddy W. Dyer,      Department, 400     www.msc.fema.gov/
                                                        Mayor, City of      South Orange        lomc..
                                                        Orlando, P.O. Box   Avenue, 8th
                                                        4990, Orlando, FL   Floor, Orlando,
                                                        32802.              FL 32801.
    Pinellas....................  City of St.          The Honorable Rick  Municipal Services  http://                May 25, 2016.........       125148
                                   Petersburg, (16-04-  Kriseman, Mayor,    Center, Permit      www.msc.fema.gov/
                                   0334P).              City of St.         Division, 1 4th     lomc..
                                                        Petersburg, 175     Street North, St.
                                                        5th Street North,   Petersburg, FL
                                                        St. Petersburg,     33701.
                                                        FL 33701.
    Sumter......................  City of Fruitland    The Honorable       Building            http://                May 20, 2016.........       120387
                                   Park, (15-04-        Chris Bell,         Department, 506     www.msc.fema.gov/
                                   3835P).              Mayor, City of      West Berckman       lomc..
                                                        Fruitland Park,     Street, Fruitland
                                                        506 West Berckman   Park, FL 34731.
                                                        Street, Fruitland
                                                        Park, FL 34731.
    Sumter......................  Unincorporated       The Honorable       Sumter County       http://                May 20, 2016.........       120296
                                   areas of Sumter      Garry Breeden,      Development         www.msc.fema.gov/
                                   County, (15-04-      Chairman, Sumter    Department, 7375    lomc..
                                   3835P).              County Board of     Powell Road,
                                                        Commissioners,      Wildwood, FL
                                                        7375 Powell Road,   34785.
                                                        Wildwood, FL
                                                        34785.
Georgia:
    Coweta......................  City of Newnan, (16- The Honorable       Public Works        http://                Jun. 3, 2016.........       130062
                                   04-0314P).           Keith Brady,        Department, 25      www.msc.fema.gov/
                                                        Mayor, City of      Lagrange Street,    lomc..
                                                        Newnan, 25          Newnan, GA 30263.
                                                        Lagrange Street,
                                                        Newnan, GA 30263.
    Lee.........................  City of Smithville,  The Honorable Jack  City Hall, 116      http://                May 19, 2016.........       130349
                                   (15-04-3746P).       Smith, Mayor,       South Main          www.msc.fema.gov/
                                                        City of             Street,             lomc..
                                                        Smithville, P.O.    Smithville, GA
                                                        Box 180,            31787.
                                                        Smithville, GA
                                                        31787.
    Lee.........................  Unincorporated       The Honorable Rick  Lee County          http://                May 19, 2016.........       130122
                                   areas of Lee         Muggridge,          Administration      www.msc.fema.gov/
                                   County, (15-04-      Chairman, Lee       Building, 110       lomc..
                                   3746P).              County Board of     Starksville
                                                        Commissioners,      Avenue North,
                                                        110 Starksville     Leesburg, GA
                                                        Avenue North,       31763.
                                                        Leesburg, GA
                                                        31763.
Kentucky
    Barren......................  City of Glasgow,     The Honorable Dick  Public Works        http://                Jun. 3, 2016.........       210007
                                   (15-04-9280P).       Doty, Mayor, City   Department, 310     www.msc.fema.gov/
                                                        of Glasgow, 126     West Front          lomc..
                                                        East Public         Street, Glasgow,
                                                        Square, Glasgow,    KY 42141.
                                                        KY 42141.
    Barren......................  Unincorporated       The Honorable       Barren County       http://                Jun. 3, 2016.........       210334
                                   areas of Barren      Michael Hale,       Government          www.msc.fema.gov/
                                   County,              Barren County       Center, 117 North   lomc..
                                   (15[dash]04[dash]9   Judge Executive,    Public Square,
                                   280P).               117 North Public    Glasgow, KY 42141.
                                                        Square, Suite 3A,
                                                        Glasgow, KY 42141.
    Boyd........................  Unincorporated       The Honorable       Boyd County         http://                May 27, 2016.........       210016
                                   areas of Boyd        Steve Towler,       Floodplain and      www.msc.fema.gov/
                                   County, (15-04-      Boyd County         Code Enforcement    lomc..
                                   9647P).              Judge, P.O. Box     Department, 2800
                                                        423,                Louisa Street,
                                                        Catlettsburg, KY    Catlettsburg, KY
                                                        41129.              41129.
Montana:
    Lewis and Clark.............  Unincorporated       The Honorable Andy  Clark County Law    http://                May 18, 2016.........       300038
                                   areas of Lewis and   Hunthausen,         Enforcement         www.msc.fema.gov/
                                   Clark County, (15-   Chairman, Lewis     Center, 221         lomc..
                                   08-1239P).           and Clark County    Breckenridge
                                                        Board of,           Avenue, Helena,
                                                        Commissioners,      MT 59601.
                                                        316 North Park
                                                        Avenue, Helena,
                                                        MT 59623.
New Mexico:

    Bernalillo..................  City of              The Honorable       Planning            http://                May 31, 2016.........      350002F
                                   Albuquerque, (15-    Richard J. Berry,   Department, 600     www.msc.fema.gov/
                                   06-0643P).           Mayor, City of      2nd Street          lomc..
                                                        Albuquerque, P.O.   Northwest
                                                        Box 1293,           Albuquerque, NM
                                                        Albuquerque, NM     87102.
                                                        87103.
North Carolina:
    Orange......................  Town of Chapel       The Honorable Mark  Public Works        http://                Apr. 4, 2016.........       370180
                                   Hill, (15-04-        Kleinschmidt,       Department,         www.msc.fema.gov/
                                   3876P).              Mayor, Town of      Stormwater          lomc..
                                                        Chapel Hill, 405    Division, 405
                                                        Martin Luther       Martin Luther
                                                        King Jr.            King Jr.
                                                        Boulevard, Chapel   Boulevard, Chapel
                                                        Hill, NC 27514.     Hill, NC 27514.
Pennsylvania:
    Dauphin.....................  Township of Lower    The Honorable       Township            http://                May 20, 2016.........       420384
                                   Paxton, (14-03-      William B. Hawk,    Government          www.msc.fema.gov/
                                   3302P).              Chairman,           Office, 425         lomc..
                                                        Township of Lower   Prince Street,
                                                        Paxton Board of     Harrisburg, PA
                                                        Supervisors, 425    17109.
                                                        Prince Street,
                                                        Harrisburg, PA
                                                        17109.
Tennessee:
    Williamson..................  City of Brentwood,   The Honorable       City Hall, 5211     http://                May 19, 2016.........       470205
                                   (15-04-7313P).       Regina Smithson,    Maryland Way,       www.msc.fema.gov/
                                                        Mayor, City of      Brentwood, TN       lomc..
                                                        Brentwood, 5211     37027.
                                                        Maryland Way,
                                                        Brentwood, TN
                                                        37027.
Texas:
    Bexar.......................  City of San          The Honorable Ivy   Transportation and  http://                May 18, 2016.........       480045
                                   Antonio, (15-06-     R. Taylor, Mayor,   Capital             www.msc.fema.gov/
                                   2857P).              City of San         Improvements        lomc..
                                                        Antonio, P.O. Box   Department, Storm
                                                        839966, San         Water Division,
                                                        Antonio, TX 78283.  1901 South Alamo
                                                                            Street, 2nd
                                                                            Floor, San
                                                                            Antonio, TX 78205.
    Collin......................  City of Murphy, (15- The Honorable Eric  City Hall, 206      http://                May 16, 2016.........       480137
                                   06-3827P).           Barna, Mayor,       North Murphy        www.msc.fema.gov/
                                                        City of Murphy,     Road, Murphy, TX    lomc..
                                                        206 North Murphy    75094.
                                                        Road, Murphy, TX
                                                        75094.
    Collin......................  City of Wylie, (15-  The Honorable Eric  City Hall, 300      http://                May 26, 2016.........       480759
                                   06-3379P).           Hogue, Mayor,       Country Club        www.msc.fema.gov/
                                                        City of Wylie,      Road, Wylie, TX     lomc..
                                                        300 Country Club    75098.
                                                        Road, Building
                                                        100, Wylie, TX
                                                        75098.
    Dallas......................  City of Dallas, (15- The Honorable Mike  Trinity Watershed   http://                May 25, 2016.........       480171
                                   06-3297P).           Rawlings, Mayor,    Management          www.msc.fema.gov/
                                                        City of Dallas,     Department, 320     lomc.
                                                        1500 Marilla        East Jefferson
                                                        Street, Room 5EN,   Boulevard, Room
                                                        Dallas, TX 75201.   307, Dallas, TX
                                                                            75203.
    Dallas......................  City of DeSoto, (15- The Honorable Carl  Engineering         http://                May 12, 2016.........       480172
                                   06-2944P).           Sherman, Mayor,     Department, 211     www.msc.fema.gov/
                                                        City of DeSoto,     East Pleasant Run   lomc..
                                                        211 East Pleasant   Road, DeSoto, TX
                                                        Run Road, DeSoto,   75115.
                                                        TX 75115.
    Denton......................  City of Frisco, (15- The Honorable       Engineering         http://                May 31, 2016.........       480134
                                   06-4148P).           Maher Maso,         Services            www.msc.fema.gov/
                                                        Mayor, City of      Department, 6101    lomc..
                                                        Frisco, 6101        Frisco Square
                                                        Frisco Square       Boulevard,
                                                        Boulevard,          Frisco, TX 75034.
                                                        Frisco, TX 75034.
    Denton......................  Town of Little Elm,  The Honorable       Development         http://                May 31, 2016.........       481152
                                   (15-06-4148P).       David Hillock,      Services            www.msc.fema.gov/
                                                        Mayor, Town of      Department, 100     lomc..
                                                        Little Elm, 100     West Eldorado
                                                        West Eldorado       Parkway, Little
                                                        Parkway, Little     Elm, TX 75068.
                                                        Elm, TX 75068.
    Harris......................  City of Houston,     The Honorable       Public Works and    http://                May 18, 2016.........       480296
                                   (15-06-0693P).       Sylvester Turner,   Engineering         www.msc.fema.gov/
                                                        Mayor, City of      Department, 1002    lomc..
                                                        Houston, P.O. Box   Washington
                                                        1562, Houston, TX   AvenueHouston, TX
                                                        77251.              77002.
    Harris......................  Unincorporated       The Honorable       Harris County       http://                May 18, 2016.........       480287
                                   areas of Harris      Edward M. Emmett,   Permit Office,      www.msc.fema.gov/
                                   County, (15-06-      Harris County       10555 Northwest     lomc..
                                   0693P).              Judge, 1001         Freeway, Suite
                                                        Preston Street,     120, Houston, TX
                                                        Suite 911,          77092.
                                                        Houston, TX 77002.
    Harris......................  Unincorporated       The Honorable       Harris County       http://                May 19, 2016.........       480287
                                   areas of Harris      Edward M. Emmett,   Permit Office,      www.msc.fema.gov/
                                   County, (16-06-      Harris County       10555 Northwest     lomc..
                                   0003P).              Judge, 1001         Freeway, Suite
                                                        Preston Street,     120, Houston, TX
                                                        Suite 911,          77092.
                                                        Houston, TX 77002.

    Hays........................  City of San Marcos,  The Honorable       Engineering         http://                May 18, 2016.........       485505
                                   (15-06-2311P).       Daniel Guerrero,    Department, 630     www.msc.fema.gov/
                                                        Mayor, City of      East Hopkins        lomc..
                                                        San Marcos, 630     Street, San
                                                        East Hopkins        Marcos, TX 78666.
                                                        Street, San
                                                        Marcos, TX 78666.
    Hays........................  Unincorporated       The Honorable Bert  Hays County         http://                May 18, 2016.........       480321
                                   areas of Hays        Cobb, M. D., Hays   Environmental       www.msc.fema.gov/
                                   County, (15-06-      County Judge, 111   Health              lomc..
                                   2311P).              East San Antonio    Department, 1251
                                                        Street, Suite       Civic Center
                                                        300, San Marcos,    Loop, San Marcos,
                                                        TX 78666.           TX 78666.
    Kaufman.....................  City of Terrell,     The Honorable Hal   City Hall, 201      http://                May 16, 2016.........       480416
                                   (15-06-2731P).       Richards, Mayor,    East Nash Street,   www.msc.fema.gov/
                                                        City of Terrell,    Terrell, TX 75160.  lomc..
                                                        201 East Nash
                                                        Street, Terrell,
                                                        TX 75160.
    Tarrant.....................  City of Fort Worth,  The Honorable       City Hall, 1000     http://                May 31, 2016.........       480596
                                   (15-06-0830P).       Betsy Price,        Throckmorton        www.msc.fema.gov/
                                                        Mayor, City of      Street, Fort        lomc..
                                                        Fort Worth, 1000    Worth, TX 76102.
                                                        Throckmorton
                                                        Street, Fort
                                                        Worth, TX 76102.
Virginia:
    Mecklenburg.................  Unincorporated       The Honorable       Mecklenburg County  http://                May 26, 2016.........       510189
                                   areas of             Glenn E. Barbour,   Zoning              www.msc.fema.gov/
                                   Mecklenburg          Chairman,           Department, P.O.    lomc..
                                   County, (15-03-      Mecklenburg         Box 307, Boydton,
                                   1485P).              County Board of     VA 23917.
                                                        Supervisors, P.O.
                                                        Box 729, South
                                                        Hill, VA 23970.
Wyoming:
    Teton.......................  Unincorporated       The Honorable       Teton County        http://                May 26, 2016.........       560094
                                   areas of Teton       Barbara Allen,      Engineering         www.msc.fema.gov/
                                   County, (16-08-      Chair, Teton        Department, 320     lomc..
                                   0063P).              County Board of     South King
                                                        Commissioners,      Street, Jackson,
                                                        P.O. Box 3594,      WY 83001.
                                                        Jackson, WY 83001.
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[FR Doc. 2016-07791 Filed 4-4-16; 8:45 am]
 BILLING CODE 9110-12-P