[Federal Register Volume 83, Number 82 (Friday, April 27, 2018)]
[Notices]
[Pages 18637-18638]
[FR Doc No: 2018-08914]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2017-0287]

Qualification of Drivers; Exemption Applications; Diabetes
Mellitus

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition.

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

SUMMARY: FMCSA announces its decision to exempt 39 individuals from the
prohibition in the Federal Motor Carrier Safety Regulations (FMCSRs)
against persons with insulin-treated diabetes mellitus (ITDM) from
operating a commercial motor vehicle (CMV) in interstate commerce. The
exemptions enable these individuals with ITDM to operate CMVs in
interstate commerce.

DATES: The exemptions were applicable on February 16, 2018. The
exemptions expire on February 16, 2020.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER>, [email protected], FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.,
e.t., Monday through Friday, except Federal holidays. If you have
questions regarding viewing or submitting material to the docket,
contact Docket Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Electronic Access

    You may see all the comments online through the Federal Document
Management System (FDMS) at: http://www.regulations.gov.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov and/or Room W12-140 on the
ground level of the West Building, 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday,
except Federal holidays.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to http://www.regulations.gov, as described in
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed
at http://www.dot.gov/privacy.

II. Background

    On January 16, 2018, FMCSA published a notice announcing receipt of
applications from 39 individuals requesting an exemption from diabetes
requirement in 49 CFR 391.41(b)(3) and requested comments from the
public (83 FR 2300). The public comment period ended on February 15,
2018, and no comments were received.
    FMCSA has evaluated the eligibility of these applicants and
determined that granting the exemptions to these individuals would
achieve a level of safety equivalent to or greater than the level that
would be achieved by complying with the current regulation 49 CFR
391.41(b)(3).
    The physical qualification standard for drivers regarding diabetes
found in 49 CFR 391.41(b)(3) states that a person is physically
qualified to drive a CMV if that person has no established medical
history or clinical diagnosis of diabetes mellitus currently requiring
insulin for control.

III. Discussion of Comments

    FMCSA received no comments in this proceeding.

IV. Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the diabetes standard in 49 CFR 391.41(b)(3) if the exemption is
likely to achieve an equivalent or greater level of safety than would
be achieved without the exemption. The exemption allows the applicants
to operate CMVs in interstate commerce.
    The Agency's decision regarding these exemption applications is
based on the program eligibility criteria and an individualized
assessment of information submitted by each applicant. The
qualifications, experience, and medical condition of each applicant
were stated and discussed in detail in the January 16, 2018, Federal
Register notice (83 FR 2300) and will not be repeated in this notice.
    These 39 applicants have had ITDM over a range of 1 to 30 years.
These applicants report no severe hypoglycemic reactions resulting in
loss of consciousness or seizure, requiring the assistance of another
person, or resulting in impaired cognitive function that occurred
without warning symptoms, in the past 12 months and no recurrent (two
or more) severe hypoglycemic episodes in the past five years. In each
case, an endocrinologist verified that the driver has demonstrated a
willingness to properly monitor and manage his/her diabetes

mellitus, received education related to diabetes management, and is on
a stable insulin regimen. These drivers report no other disqualifying
conditions, including diabetes related complications. Each meets the
vision requirement at 49 CFR 391.41(b)(10).
    Consequently, FMCSA finds that in each case exempting these
applicants from the diabetes requirement in 49 CFR 391.41(b)(3) is
likely to achieve a level of safety equal to that existing without the
exemption.

V. Conditions and Requirements

    The terms and conditions of the exemption are provided to the
applicants in the exemption document and includes the following: (1)
Each driver must submit a quarterly monitoring checklist completed by
the treating endocrinologist as well as an annual checklist with a
comprehensive medical evaluation; (2) each driver must report within
two business days of occurrence, all episodes of severe hypoglycemia,
significant complications, or inability to manage diabetes; also, any
involvement in an accident or any other adverse event in a CMV or
personal vehicle, whether or not it is related to an episode of
hypoglycemia; (3) each driver must provide a copy of the
ophthalmologist's or optometrist's report to the Medical Examiner at
the time of the annual medical examination; and (4) each driver must
provide a copy of the annual medical certification to the employer for
retention in the driver's qualification file, or keeping a copy in his/
her driver's qualification file if he/she is self-employed. The driver
must also have a copy of the exemption when driving, for presentation
to a duly authorized Federal, State, or local enforcement official.

VI. Preemption

    During the period the exemption is in effect, no State shall
enforce any law or regulation that conflicts with this exemption with
respect to a person operating under the exemption.

VII. Conclusion

    Based upon its evaluation of the 39 exemption applications, FMCSA
exempts the following drivers from the diabetes requirement in 49 CFR
391.41(b)(10), subject to the requirements cited above:

Rodney C. Adams (CT)
Craig A. Ballard (GA)
David E. Bauman (NE)
Ryan C. Bayless (MO)
Dennis E. Bellerive (NH)
Billy G. Boren, Jr. (KY)
Joseph H. Bove (NY)
Gary W. Brooks (CA)
Carl E. Bryant (NY)
Vernon C. Buchanan (PA)
Phillip L. Butler (VA)
Tyler H. Cardwell (MI)
Arleigh D. Chapman (PA)
Richard J. Dinzeo (MN)
Mark A. Donahoo (MO)
James W. Felske (IL)
Christopher L. Fleming (GA)
Jason R. Gassaway (NM)
Owen D. Gibbons (PA)
James L. Goodwin, 3rd (MD)
Richard J. Grenvik (MN)
Michael K. Gunn (WI)
Kermit F. Hicks, Jr. (OH)
Raymond D. Hill (MN)
Rob D. Karaus (IN)
Garnie T. Mauk, Jr. (TN)
Jose Medelez (OR)
Alexander P. Paice (UT)
Charles Petit-Homme (NY)
Phillip G. Putzke (SD)
James A. Smit (MN)
Gregory E. Sorenson (IN)
Sharon P. Soucy (AK)
Robin T. Spence (OK)
Anthony P. Sweeney (MD)
Richard A. Sweeting (GA)
Steven J. Voorhees (MT)
Jeffery E. Wall (NC)
Samuel E. Ward (KS)

    In accordance with 49 U.S.C. 31136(e) and 31315, each exemption
will be valid for two years from the effective date unless revoked
earlier by FMCSA. The exemption will be revoked if the following
occurs: (1) The person fails to comply with the terms and conditions of
the exemption; (2) the exemption has resulted in a lower level of
safety than was maintained prior to being granted; or (3) continuation
of the exemption would not be consistent with the goals and objectives
of 49 U.S.C. 31136(e) and 31315.

    Issued on: April 23, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-08914 Filed 4-26-18; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 82, Number 248 (Thursday, December 28, 2017)]
[Notices]
[Pages 61614-61615]
[FR Doc No: 2017-27994]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82374; File No. SR-NYSEArca-2017-36]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of
Withdrawal of a Proposed Rule Change, as Modified by Amendment No. 1,
To Adopt NYSE Arca Rule 8.900-E To Permit Listing and Trading of
Managed Portfolio Shares and To List and Trade Shares of the Royce
Pennsylvania ETF, Royce Premier ETF, and Royce Total Return ETF Under
Proposed NYSE Arca Rule 8.900-E

December 21, 2017.
    On April 14, 2017, NYSE Arca, Inc. (``Exchange'') filed with the
Securities and Exchange Commission (``Commission''), pursuant to
Section 19(b)(1) of the Securities Exchange Act of 1934 (``Exchange
Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to: (1)
Adopt NYSE Arca Rule 8.900-E (Managed Portfolio Shares); and (2) list
and trade shares of the Royce Pennsylvania ETF, Royce Premier ETF, and
Royce Total Return ETF under proposed NYSE Arca Rule 8.900-E. The
proposed rule change was published for comment in the Federal Register
on May 4, 2017.\3\ On June 15, 2017, pursuant to Section 19(b)(2) of
the Exchange Act,\4\ the Commission designated a longer period within
which to approve the proposed rule change, disapprove the proposed rule
change, or institute proceedings to determine whether to disapprove the
proposed rule change.\5\ The Commission received four comments on the
proposed rule change.\6\ On July 31, 2017, the Commission instituted
proceedings under Section 19(b)(2)(B) of the Exchange Act \7\ to
determine whether to approve or disapprove the proposed rule change.\8\
Thereafter, the Commission received eight additional comments on the
proposed rule change.\9\ On October 30, 2017, the Commission designated
a longer period for action on the proposed rule change.\10\ On December
5, 2017, the Exchange filed Amendment No. 1 to the proposed rule change
(``Amendment No. 1''), which replaced and superseded the proposed rule
change in its entirety.\11\ Thereafter, the Commission received three
additional comment letters on the proposed rule change, as modified by
Amendment No. 1.\12\
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 80553 (April 28,
2017), 82 FR 20932.
    \4\ 15 U.S.C. 78s(b)(2).
    \5\ See Securities Exchange Act Release No. 80935, 82 FR 28152
(June 20, 2017). The Commission designated August 2, 2017, as the
date by which it should approve or disapprove, or institute
proceedings to determine whether to disapprove, the proposed rule
change.
    \6\ See Letter from Gary L. Gastineau, President, ETF
Consultants.com, Inc., to Brent J. Fields, Secretary, Commission,
dated May 24, 2017; Letter from Todd J. Broms, Chief Executive
Officer, Broms & Company LLC, to Brent J. Fields, Secretary,
Commission, dated May 25, 2017; Letter from James J. Angel,
Associate Professor of Finance, Georgetown University, McDonough
School of Business, to the Commission, dated May 25, 2017; and
Letter from Terence W. Norman, Founder, Blue Tractor Group, LLC, to
Brent J. Fields, Secretary, Commission, dated July 18, 2017. The
comment letters are available on the Commission's website at:
https://www.sec.gov/comments/sr-nysearca-2017-36/nysearca201736.htm.
    \7\ 15 U.S.C. 78s(b)(2)(B).
    \8\ See Securities Exchange Act Release No. 81267, 82 FR 36510
(August 4, 2017).
    \9\ See Letter from Mark Criscitello, Chairman, Precidian Funds
LLC, to Brent J. Fields, Secretary, Commission, dated October 11,
2017; Letter from Daniel J. McCabe, Chief Executive, Precidian
Investments, to Brent J. Fields, Secretary, Commission, dated
October 12, 2017; Letter from Joseph A. Sullivan, Chairman and Chief
Executive Officer, Legg Mason, Inc., to Brent J. Fields, Secretary,
Commission, dated October 12, 2017; Letter from Andrew M. Gross,
Jr., to Jay Clayton, Chairman, Commission, dated October 16, 2017;
Letter from Terence W. Norman, Founder, Blue Tractor Group, LLC, to
Brent J. Fields, Secretary, Commission, dated October 31, 2017;
Letter from Simon P. Goulet, Co-Founder, Blue Tractor Group, LLC, to
Brent J. Fields, Secretary, Commission, dated November 16, 2017;
Letter from Simon P. Goulet, Co-Founder, Blue Tractor Group, LLC, to
Brent J. Fields, Secretary, Commission, dated November 22, 2017; and
Letter from Terence W. Norman, Founder, Blue Tractor Group, LLC, to
Brent J. Fields, Secretary, Commission, dated November 29, 2017. The
comment letters are available on the Commission's website at:
https://www.sec.gov/comments/sr-nysearca-2017-36/nysearca201736.htm.
    \10\ See Securities Exchange Act Release No. 81977, 82 FR 51311
(November 3, 2017). The Commission designated December 30, 2017, as
the date by which the Commission must either approve or disapprove
the proposed rule change.
    \11\ Amendment No. 1 to the proposed rule change is available at
https://www.sec.gov/comments/sr-nysearca-2017-36/nysearca201736-2759313-161597.pdf.
    \12\ See Letter from Terence W. Norman, Founder, Blue Tractor
Group, LLC, to Brent J. Fields, Secretary, Commission, dated
December 12, 2017; Letter from Kevin S. Haeberle, Associate
Professor of Law, William & Mary Law School, to Brent J. Fields,
Secretary, Commission, dated December 15, 2017; and Letter from Gary
L. Gastineau, President, ETF Consultants.com, Inc., to Brent J.
Fields, Secretary, Commission, dated December 18, 2017. The comment
letters are available on the Commission's website at: https://www.sec.gov/comments/sr-nysearca-2017-36/nysearca201736.htm.
---------------------------------------------------------------------------

    On December 20, 2017, the Exchange withdrew the proposed rule
change (SR-NYSEArca-2017-36), as modified by Amendment No. 1.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-27994 Filed 12-27-17; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 131 (Wednesday, July 8, 2020)]
[Notices]
[Pages 41082-41087]
[FR Doc No: 2020-14627]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-89211; File No. SR-ICEEU-2020-002]

Self-Regulatory Organizations; ICE Clear Europe Limited; Notice
of Filing of Partial Amendment No. 1 and Order Granting Accelerated
Approval of Proposed Rule Change, as Modified by Partial Amendment No.
1, Relating to the ICE Clear Europe Investment Management Procedures
and Treasury and Banking Services Policy

July 1, 2020.

I. Introduction

    On May 13, 2020, ICE Clear Europe Limited (``ICE Clear Europe'')
filed with the Securities and Exchange Commission (``Commission''),
pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4,\2\ a proposed rule change to amend
its Investment Management Procedures (the ``Procedures'') and its
Treasury and Banking Services Policy, which would be renamed the
Liquidity and Investment Management Policy (the ``Policy''). The
proposed rule change was published for comment in the Federal Register
on May 26, 2020.\3\ The Commission did not receive comments regarding
the proposed rule change. On June 9, 2020, ICE Clear Europe filed
Partial Amendment No. 1 to the proposed rule change.\4\ The Commission
is publishing this notice to solicit comments on Partial Amendment No.
1 from interested persons and, for the reasons discussed below, is
approving the proposed rule change, as modified by Partial Amendment
No. 1 (hereinafter the ``proposed rule change'') on an accelerated
basis.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Self-Regulatory Organizations; ICE Clear Europe Limited;
Notice of Filing of Proposed Rule Change, Security-Based Swap
Submission or Advance Notice Relating to the ICE Clear Europe
Investment Management Procedures and Treasury and Banking Services
Policy (to be renamed Liquidity and Investment Management Policy),
Exchange Act Release No. 88907 (May 19, 2020); 85 FR 31571 (May 26,
2020) (SR-ICEEU-2020-002).
    \4\ Partial Amendment No.1 amended the Procedures, which are
confidential Exhibit 5A to the filing, to specify that the ICE Clear
Europe Treasury and Finance teams would conduct daily monitoring of
investments against concentration limits and investment criteria.
---------------------------------------------------------------------------

II. Description of the Proposed Rule Change

    As discussed below, the proposed rule change would amend the
Procedures and the Policy following findings of an annual review
conducted by ICE Clear Europe.\5\ The Procedures explain ICE Clear
Europe's permitted investments and related concentration limits when
investing ICE Clear Europe's cash, while the Policy set outs the
overall principles that ICE Clear Europe applies to investing its cash.
Broadly speaking, the amendments would expand the Procedures and the
Policy to: (i) Apply them to investments of ICE Clear Europe's
contributions to default resources (referred to below as ``skin in the
game'') and capital that ICE Clear Europe maintains pursuant to
applicable regulatory requirements (referred to below as ``regulatory
capital''); (ii) facilitate ICE Clear Europe's use of central bank
deposits; (iii) allow ICE Clear Europe to invest in additional types of
instruments and rely on ICE Clear Europe's authorized investments in
periods of insufficient market supply; (iv) permit ICE Clear Europe to
use additional the types of collateral in reverse repurchase
agreements; and (v) revise the process for monitoring, escalating, and
remediating breaches, as well as the description of ICE Clear Europe's
investment activities and board risk appetites.
---------------------------------------------------------------------------

    \5\ Capitalized terms not otherwise defined herein have the
meanings assigned to them in the Procedures, the Policy, or the ICE
Clear Europe rulebook, as applicable.
---------------------------------------------------------------------------

    In addition, the proposed rule change would make two minor changes
to the Policy. As mentioned above, the proposed rule change would
rename it the Liquidity and Investment Management Policy. The proposed
rule

change would also delete the statement that the Policy constitutes ICE
Clear Europe's liquidity risk management framework for purposes of
EMIR. ICE Clear Europe is making this change because, for purposes of
EMIR, its liquidity risk management framework also includes ICE Clear
Europe's Liquidity Risk Management Procedures. Thus, this statement is
incorrect.

A. Applying the Procedures and the Policy to Investments of ICE Clear
Europe's Skin in the Game and Regulatory Capital

    The proposed rule change would amend the Procedures and the Policy
so that both documents cover investment of ICE Clear Europe's skin in
the game and regulatory capital. Currently, the Procedures state that
their overall purpose is to set out the investments that are permitted
when investing or securing cash received from Clearing Members and to
set out constraints on those investments such as concentration limits,
credit ratings, and maturity limits, as well as any additional
considerations in times of insufficient market supply of approved
investments. The proposed rule change would amend this slightly to
state that the Procedures address permitted investments and related
concentration limits when investing or securing cash received from
Clearing Members as well as when investing or securing ICE Clear
Europe's skin in the game and regulatory capital.
    Next, the proposed rule change would rename Subsection 2.1 of the
Procedures from Investment Management Objectives to Investment
Management Objective and further amend this section to state that ICE
Clear Europe's investment management objective is to safeguard the
principal of the cash (which would include ICE Clear Europe's skin in
the game and regulatory capital) rather than Clearing Members' cash, as
currently stated. Consistent with expanding the scope of the Procedures
to cover investments of ICE Clear Europe's skin in the game and
regulatory capital, ICE Clear Europe is making this change so the
Procedures as amended would not be limited to safeguarding Clearing
Members' cash.
    Next, the proposed rule change would specify in the Procedures the
instruments in which ICE Clear Europe would be permitted to invest its
skin in the game and regulatory capital. With respect to skin in the
game, the proposed rule change would specify that the table of
authorized investments applicable to investments of Clearing Member
cash would also apply to skin in the game, and thus ICE Clear Europe
would be allowed to invest its skin in the game in the same manner as
it invests Clearing Member cash, as discussed further below.
    With respect to regulatory capital, the proposed rule change would
add a table of authorized investments to the Procedures that would
apply to investments of ICE Clear Europe's regulatory capital. This
table would list the instruments in which ICE Clear Europe may invest
its regulatory capital. For each instrument, the table would further
specify: (i) The maximum issuer or counterparty concentration limits;
(ii) the maximum portfolio concentration limits; (iii) the maximum
maturity; and (iv) the minimum credit ratings of the instrument or
allowed issuers of the instrument. Under this proposed new table, ICE
Clear Europe would be able to invest its regulatory capital in direct
purchases of US, UK, and EU sovereign bonds and US, UK, and EU
government agency bonds, each with a maximum maturity of 90 days. The
US and UK sovereign and government agency bonds would have no issuer
concentration limit and a portfolio concentration limit of 20% (for
sovereign bonds) and 25% (for government agency bonds) of the total USD
or GBP balance, as applicable, in a single issue. The EU sovereign and
government agency bonds would have a maximum counterparty concentration
limit of 25% of the Euro balance in a single issuer. The proposed new
table would further require that US sovereign bonds issued by the US
government, UK sovereign bonds be issued by the UK government, and EU
sovereign bonds be issued by the German, French, Belgian or Dutch
governments. The minimum credit ratings for all government agency bonds
would be AA-from at least two rating organizations.
    Finally, the proposed rule change would amend the Policy consistent
with these changes to the Procedures. Specifically, in Section 1 of the
Policy, the proposed rule change would amend the statement that the
Policy sets out the principles applied to the cash and collateral
management functions of ICE Clear Europe for Clearing Member assets by
deleting the specific reference to Clearing Member assets. As amended,
the purpose of the Policy would be to set out the principles applied to
the cash and collateral management functions of ICE Clear Europe. The
proposed rule change is thus amending the scope of the policy so that
it is not limited to Clearing Member assets, which is necessary given
that the Procedures, as amended, would apply to ICE Clear Europe's
investment of its skin in the game and regulatory capital. Similarly,
the proposed rule change would amend Section 2 of the Policy to clarify
that ICE Clear Europe's investment management functions include
investing ICE Clear Europe's skin in the game and regulatory capital,
consistent with the change to the Procedures described above. Finally,
the proposed rule change would amend Section 3.3.1 of the Policy, which
currently refers to ICE Clear Europe's investment management objective
of safeguarding the principal of Clearing Members' cash, to refer to
safeguarding the principal of the cash, because use of the general term
``cash'' would include ICE Clear Europe's skin in the game and
regulatory capital.

B. Facilitating Use of Central Bank Deposits and Other Amendments to
Investment Considerations

    The proposed rule change would amend the list of overall investment
considerations found in Section 2 of the Procedures to facilitate ICE
Clear Europe's use of central bank deposits and make other updates. The
overall investment considerations are a list of criteria that ICE Clear
Europe considers when making investments. Currently, the overall
investment considerations are that investments may only be made with
Approved Financial Institutions (including investment agents and
investment counterparties); at least 50% of the investable portfolio in
each currency should be invested in overnight reverse repurchase
agreements; the portfolio of non-overnight investments should have a
variety of maturity dates; funds from customers of Futures Commission
Merchant (``FCM'') Clearing Members must be segregated from those of
other Clearing Members, be held in Permitted Depositories, and only
invested in overnight reverse repos and direct purchases of US
sovereign obligations; and purchased securities are intended to be held
until maturity in order to minimize the impact of market risk. The
proposed rule change would amend this list of investment considerations
to add a statement that investments must be denominated in Euros, Great
British Pounds, or Dollars, which currencies would match the
investments permitted under the Procedures. The proposed rule change
would also delete the requirement that at least 50% of the investable
portfolio in each currency should be invested in overnight reverse
repurchase agreements and replace it with a requirement that no more
than 5% of the investible funds should be held as unsecured cash each
calendar month. ICE Clear Europe is making this change to facilitate
its use of central bank accounts to hold cash, which would be
considered secured and thus

outside of the 5% limit. Moreover, the proposed rule change would amend
the requirement regarding investment of funds from customers of FCM
Clearing Members to change the wording slightly by, for example,
changing ``O/N'' to ``overnight'' and changing ``Obligations'' to
``Bonds.'' Finally, the proposed rule change would shorten the wording
of the requirement regarding holding purchased securities but would
retain the substance that ICE Clear Europe intends to hold purchased
securities until maturity.

C. Allowing ICE Clear Europe to Invest in Additional Types of
Instruments and Relying on ICE Clear Europe's Authorized Investments in
Periods of Insufficient Market Supply

    The proposed rule change would amend the Procedures to expand the
investments in which ICE Clear Europe may invest Clearing Member cash
and would, as discussed above, allow ICE Clear Europe to invest its
skin in the game in these same instruments. Currently the Procedures
contain a table that lists each instrument in which ICE Clear Europe
may invest Clearing Member cash. This table then describes, for each
instrument for investment: (i) The maximum issuer or counterparty
concentration limits; (ii) the maximum portfolio concentration limits;
(iii) the maximum maturity; and (iv) the minimum credit ratings of the
instrument or allowed issuers of the instrument. The proposed rule
change would retain this table and the permitted investments currently
listed there: Reverse repurchase agreements; US, UK, and EU sovereign
obligations; central bank obligations; and commercial bank obligations.
The proposed rule change would revise the table by expanding it to
cover investments of skin in the game and adding US, UK, and EU
government agency bonds as instruments for investment. The proposed
rule change would specify the maximum issuer or counterparty
concentration limits, the maximum portfolio concentration limits, the
maximum maturity, and the minimum credit ratings for these government
agency bonds. The proposed rule change also would change sovereign
``obligations'' to sovereign ``bonds''; change central bank
``obligations'' to central bank ``deposits''; and specify that the
concentration limits for reverse repos apply per counterparty family.
Similarly, the proposed rule change would specify for purchases of EU
sovereign bonds that the maximum issuer limits apply per EU government
issuer and would eliminate the minimum credit rating and instead
require that the German, French, Belgian, or Dutch governments issue
the bonds. Similarly, the proposed rule change would eliminate the
minimum credit rating for US and UK sovereign bonds and instead only
require that the US or UK government issue the bonds. Finally, with
respect to commercial bank obligations the proposed rule change would
also change ``obligations'' to ``deposits'' and would revise the entry
for maximum issuer or counterparty concentration limits to note that
for commercial banks, these limits are set separately as unsecured cash
limits for financial service providers (which are set out in ICE Clear
Europe's Unsecured Credit Limits Procedures).
    The proposed rule change also would amend the Glossary section of
the Procedures to make changes consistent with those described above.
Specifically, the proposed rule change would remove the terms Central
Bank Obligations and Commercial Bank Obligations as no longer necessary
because the amended Procedures would refer to central bank deposits and
commercial bank deposits instead. The proposed rule change would revise
the term EU Sovereign Obligations to the more general defined term,
Government Agency Bonds, which would be defined as bonds issued by or
that have their principal and interest fully guaranteed by their
government. The proposed rule change also would clarify the wording of
the definition for the term Permitted Investment Counterparties for FCM
Customer Funds. Similar to the changes described above, the proposed
rule change would revise references to UK Sovereign Obligations and US
Sovereign Obligations to UK Sovereign Bonds and US Sovereign Bonds.
Finally, the proposed rule change would add a definition for
Supranational Obligations, which, as described above, the proposed rule
change would add to the list of permitted collateral for repurchase
transactions.
    Finally, the Procedures currently contain a section that describes
the investments that ICE Clear Europe could make in periods where the
market supply of authorized investments is not sufficient to meet ICE
Clear Europe's investment needs. The proposed rule change would delete
this section from the Procedures. ICE Clear Europe no longer considers
this section necessary because it believes that the amended table of
authorized investments and associated limits, as described above, would
provide sufficient flexibility to permit ICE Clear Europe to manage
changes in supply of particular types of investments.

D. Permitting ICE Clear Europe To Use Additional Types of Collateral in
Reverse Repurchase Agreements

    The Procedures currently set out a table that describes the
collateral acceptable for a reverse repurchase agreement, which
specifies the currency of the agreement, the currency of the
collateral, the credit rating, the securities used as collateral, and
the haircut applied by ICE Clear Europe. The proposed rule change would
amend this table to allow ICE Clear Europe to use additional collateral
in repurchase agreements. Currently, the Procedures permit the use of
EU, UK, and US sovereign obligations as collateral. As amended, the
Procedures would continue to permit the use of EU, UK, and US sovereign
bonds, as well as EU, UK, and US supranational obligations and US
government agency bonds. The proposed rule change would keep the
current required credit rating of AA-/Aa3 and the current required 2%
haircut. The proposed rule change also would expand the scope of
permitted collateral to allow cross-currency repo agreements, such as
an agreement denominated in Euros with collateral in UK pounds or
dollars. For these cross-currency repurchase agreements, and
transactions involving supranational obligations and US government
agency bonds, the haircut would be 4%.
    While expanding the collateral permitted under repurchase
agreements, the proposed rule change also would amend the Procedures to
specify that ICE Clear Europe's preferred form of collateral is
sovereign bonds in the same currency as the reverse repurchase
transaction. The proposed rule change also would amend the Procedures
to require that ICE Clear Europe's Head of Treasury and Chief Risk
Officer review the use of non-preferred collateral monthly.
    Finally, in the section describing additional considerations for
reverse repurchase agreements, the proposed rule change would revise
some of the wording by changing the reference to ICE Clear Europe's
Treasury and Banking Services group to Treasury and simplifying the
description of maturity definitions.

E. Monitoring, Escalating, and Remediating Breaches, Investment
Activities, and Board Risk Appetites

    Finally, the proposed rule change would revise the process for
monitoring, escalating, and remediating breaches of investment criteria
and concentration limits, revise the description of ICE

Clear Europe's investment activities, and revise the description of
board risk appetites.
    Currently, the Procedures require that breaches of the
concentration limits be escalated to the Risk Oversight Department and
Compliance team and that the investment portfolio be rebalanced to
return within the concentration limits. The proposed rule change would
amend this slightly to require that both breaches of the concentration
limits and investment criteria be escalated and further to require that
the investment portfolio be rebalanced to comply with the concentration
limits and investment criteria. Moreover, the proposed rule change
would add a requirement that ICE Clear Europe's Treasury and Finance
teams, on a daily basis, monitor investments against the concentration
limits and investment criteria.
    Similarly, in both the background section of the Policy and Section
6, the proposed rule change would replace specific references to ICE
Clear Europe's Treasury and Banking Services team and their activities
to refer generally to ICE Clear Europe and its liquidity and investment
management activities. ICE Clear Europe is making this change to
reflect the fact that other groups at ICE Clear Europe, such as
Finance, perform the liquidity and investment management activities
that are within the scope of the Policy.
    Finally, the proposed rule change would delete a statement in the
background section of the Policy that ICE Clear Europe's Treasury and
Banking Services team operates within the risk appetites set by the
board and in compliance with applicable regulations. As discussed, the
Policy would apply to other groups at ICE Clear Europe and not just the
Treasury Banking Services Team. Moreover, ICE Clear Europe believes
this specific statement is unnecessary because board-adopted risk
appetites apply to all activities of ICE Clear Europe anyway.

III. Discussion and Commission Findings

    Section 19(b)(2)(C) of the Act directs the Commission to approve a
proposed rule change of a self-regulatory organization if it finds that
such proposed rule change is consistent with the requirements of the
Act and the rules and regulations thereunder applicable to such
organization.\6\ For the reasons given below, the Commission finds that
the proposed rule change is consistent with Section 17A(b)(3)(F) of the
Act \7\ and Rule 17Ad-22(e)(1), (e)(2)(v), and (e)(16).\8\
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(2)(C).
    \7\ 15 U.S.C. 78q-1(b)(3)(F).
    \8\ 17 CFR 240.17Ad-22(e)(1), (e)(2)(v), (e)(16).
---------------------------------------------------------------------------

A. Consistency With Section 17A(b)(3)(F) of the Act

    Section 17A(b)(3)(F) of the Act requires, among other things, that
the rules of ICE Clear Europe be designed to promote the prompt and
accurate clearance and settlement of securities transactions and, to
the extent applicable, derivative agreements, contracts, and
transactions, as well as to assure the safeguarding of securities and
funds which are in the custody or control of ICE Clear Europe or for
which it is responsible.\9\
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

    The Commission believes that, by applying the Procedures and the
Policy to investments of ICE Clear Europe's skin in the game and
regulatory capital, the proposed rule change should help to ensure that
such skin in the game and regulatory capital are invested in accordance
with the principles and processes specified in the Procedures and the
Policy. Because these principles and processes generally should help to
ensure that cash is invested reasonably, conservatively, and in a
manner that protects against loss, the Commission believes that
application of the Procedures and the Policy to ICE Clear Europe's skin
in the game and regulatory capital should help to safeguard the skin in
the game and regulatory capital against loss. Further, because the loss
of ICE Clear Europe's skin in the game and regulatory capital could
impair its ability to operate and therefore clear and settle
transactions and safeguard securities and funds, the Commission
believes that this aspect of the proposed rule change should help to
facilitate the prompt the prompt and accurate clearance and settlement
of securities transactions and assure the safeguarding of securities
and funds which are in the custody or control of ICE Clear Europe or
for which it is responsible, and, therefore, is consistent with Section
17A(b)(3)(F) of the Act.\10\
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

    Similarly, the Commission believes that by facilitating the use of
central bank deposits; the investment in US, UK, and EU government
agency bonds, and the use of additional collateral in reverse
repurchase agreements and cross-currency transactions, the proposed
rule change should expand ICE Clear Europe's permitted investments to
include investments that should be generally reasonable and
conservative and have minimal credit, market, and liquidity risks.
Moreover, the Commission believes that the other changes to the
authorized investments discussed above, i.e., changing the wording from
``obligations'' to ``bonds'' and ``deposits'', specifying for purchases
of EU sovereign bonds that the maximum issuer limits apply per EU
government issuer, eliminating the minimum credit rating for US, UK,
and EU sovereign bonds, and relying on ICE Clear Europe's authorized
investments and associated limits in periods of insufficient market
supply, should not reduce the reasonableness or conservativeness of ICE
Clear Europe's permitted investments. Thus, the Commission believes
these aspects of the proposed rule change should provide ICE Clear
Europe additional investment options that should help to safeguard skin
in the game, regulatory capital, and clearing member cash against loss.
Because the loss of skin in the game, regulatory capital, and clearing
member cash could impair ICE Clear Europe's ability to operate and
therefore clear and settle transactions and safeguard securities and
funds, the Commission believes that these aspects of the proposed rule
change should be consistent with Section 17A(b)(3)(F) of the Act.\11\
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

    The Commission further believes the changes described above
regarding breaches and the personnel involved in ICE Clear Europe's
investment activities should help to ensure compliance with the
Procedures consistent Section 17A(b)(3)(F) of the Act.\12\
Specifically, in requiring that both breaches of concentration limits
and investment criteria be escalated and that the investment portfolio
be rebalanced in remediation of a breach, the Commission believes that
the proposed rule change should help to ensure adherence to the limits
and criteria as well as remediation when they are breached. Moreover,
in requiring that ICE Clear Europe's Treasury and Finance teams monitor
the concentration limits and investment criteria daily, and that ICE
Clear Europe's Head of Treasury and Chief Risk Officer review the use
of non-preferred collateral monthly, the Commission believes the
proposed rule change should help to facilitate adherence to the
Procedures, the remediation of breaches, and monitoring to prevent
breaches from happening in the first place. Because, as discussed
above, the Commission believes that the Procedures should help to
ensure that ICE Clear Europe's investments of

regulatory capital, skin in the game, and Clearing Member cash are
conservative and subject to reasonable protections, and therefore ICE
Clear Europe is able to clear and settle transactions and safeguard
funds, the Commission believes that these aspects of the proposed rule
change, in facilitating compliance with the Procedures, are consistent
with Section 17A(b)(3)(F) of the Act.\13\
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78q-1(b)(3)(F).
    \13\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

    Finally, the Commission believes the other changes to the Policy
described above should help to ensure the accuracy of the Policy
consistent Section 17A(b)(3)(F) of the Act.\14\ Amending the Policy to
replace specific references to ICE Clear Europe's Treasury and Banking
Services team and their activities to refer generally to ICE Clear
Europe and its liquidity and investment management activities and to
delete a statement that ICE Clear Europe's Treasury and Banking
Services team operates within the risk appetites set by the board and
in compliance with applicable regulations should help to ensure the
Policy accurately reflects the operations of ICE Clear Europe.
Similarly, by renaming the Policy and deleting an inaccurate statement
that the Policy constitutes ICE Clear Europe's liquidity risk
management framework for purposes of EMIR, the Commission believes that
the proposed rule change should help to ensure that the Policy is
accurate and up-to-date. Because, as discussed above, the Policy should
help to ensure that ICE Clear Europe's investments of regulatory
capital, skin in the game, and Clearing Member cash are subject to
reasonable protections, and therefore ICE Clear Europe is able to clear
and settle transactions and safeguard funds, the Commission believes
that these aspects of the proposed rule change, in ensuring the
accuracy of the Policy, are consistent with Section 17A(b)(3)(F) of the
Act.\15\
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78q-1(b)(3)(F).
    \15\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

    Therefore, for these reasons, the Commission finds that the
proposed rule change should promote the prompt and accurate clearance
and settlement of securities transactions and assure the safeguarding
of securities and funds in ICE Clear Europe's custody and control,
consistent with the Section 17A(b)(3)(F) of the Act.\16\
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

B. Consistency With Rule 17Ad-22(e)(1)

    Rule 17Ad-22(e)(1) requires that ICE Clear Europe establish,
implement, maintain and enforce written policies and procedures
reasonably designed to provide for a well-founded, clear, transparent,
and enforceable legal basis for each aspect of its activities in a
relevant jurisdictions.\17\ As discussed above, the proposed rule
change would delete an inaccurate statement in the Policy that the
Policy constitutes ICE Clear Europe's liquidity risk management
framework for purposes of EMIR. This statement is inaccurate because,
for purposes of EMIR, ICE Clear Europe's liquidity risk management
framework is not limited to the Policy. Thus, in making this change,
the Commission believes that the proposed rule change should help to
ensure that ICE Clear Europe has an enforceable legal basis for its
activities under EMIR. For this reason, the Commission finds that the
proposed rule change is consistent with Rule 17Ad-22(e)(1).\18\
---------------------------------------------------------------------------

    \17\ 17 CFR 240.17Ad-22(e)(1).
    \18\ 17 CFR 240.17Ad-22(e)(1).
---------------------------------------------------------------------------

C. Consistency With Rule 17Ad-22(e)(2)(v)

    Rule 17Ad-22(e)(2)(v) requires that ICE Clear Europe establish,
implement, maintain and enforce written policies and procedures
reasonably designed to provide governance arrangements that, among
other things, specify clear and direct lines of responsibility.\19\ As
discussed above, the proposed rule change would require that ICE Clear
Europe's Treasury and Finance teams monitor the concentration limits
and investment criteria daily. The Commission believes that this aspect
of the proposed rule change should help to establish a clear and direct
line of responsibility, in assigning the Treasury and Finance teams the
responsibility for daily monitoring. Similarly, the proposed rule
change would require that ICE Clear Europe's Head of Treasury and Chief
Risk Officer review the use of non-preferred collateral monthly. The
Commission believes this proposed change should help to place clear and
direct responsibility on ICE Clear Europe's Head of Treasury and Chief
Risk Officer. For these reasons, the Commission finds that the proposed
rule change is consistent with Rule 17Ad-22(e)(2)(v).\20\
---------------------------------------------------------------------------

    \19\ 17 CFR 240.17Ad-22(e)(2)(v).
    \20\ 17 CFR 240.17Ad-22(e)(2)(v).
---------------------------------------------------------------------------

D. Consistency With Rule 17Ad-22(e)(16)

    Rule 17Ad-22(e)(16) requires that ICE Clear Europe establish,
implement, maintain and enforce written policies and procedures
reasonably designed to, among other things, safeguard its own and its
Clearing Members' assets and invest such assets in instruments with
minimal credit, market, and liquidity risks.\21\ As discussed above,
the proposed rule change, by applying the Procedures and the Policy to
investments of ICE Clear Europe's skin in the game and regulatory
capital, should help to ensure that such skin in the game and
regulatory capital are invested in accordance with the principles and
processes specified in the Procedures and the Policy. In addition, the
Commission believes that these principles and processes generally
should help to ensure that cash is invested reasonably and in a manner
that protects against loss. In addition, the proposed rule change would
expand the investments permitted to ICE Clear Europe by amending the
Procedures to facilitate the use of central bank deposits; US, UK, and
EU government agency bonds; and additional collateral in reverse
repurchase agreements as well as cross-currency transactions. The
Commission believes these investments, as well as the investments
currently permitted under the Procedures, constitute instruments with
minimal credit, market, and liquidity risks. Therefore, in applying the
Procedures and Policy to ICE Clear Europe's regulatory capital and skin
in the game and expanding the permitted investments, the Commission
believes the proposed rule change should help ICE Clear Europe to
safeguard its own and its Clearing Members' assets and invest such
assets in instruments with minimal credit, market, and liquidity risks.
For these reasons, the Commission finds that the proposed rule change
is consistent with Rule 17Ad-22(e)(16).\22\
---------------------------------------------------------------------------

    \21\ 17 CFR 240.17Ad-22(e)(16).
    \22\ 17 CFR 240.17Ad-22(e)(16).
---------------------------------------------------------------------------

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change, as modified by Partial Amendment No. 1, 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-ICEEU-2020-002 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-ICEEU-2020-002. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change, as modified by
Partial Amendment No. 1, that are filed with the Commission, and all
written communications relating to the proposed rule change, as
modified by Partial Amendment No. 1, between the Commission and any
person, other than those that may be withheld from the public in
accordance with the provisions of 5 U.S.C. 552, will be available for
website viewing and printing in the Commission's Public Reference Room,
100 F Street NE, Washington, DC 20549, on official business days
between the hours of 10:00 a.m. and 3:00 p.m. Copies of such filings
will also be available for inspection and copying at the principal
office of ICE Clear Europe and on ICE Clear Europe's website at https://www.theice.com/clear-europe/regulation. All comments received will be
posted without change. Persons submitting comments are cautioned that
we do not redact or edit personal identifying information from comment
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
ICEEU-2020-002 and should be submitted on or before July 29, 2020.

V. Accelerated Approval of the Proposed Rule Change as Modified by
Partial Amendment No. 1

    The Commission finds good cause, pursuant to Section 19(b)(2) of
the Act,\23\ to approve the proposed rule change, as modified by
Partial Amendment No. 1, prior to the 30th day after the date of
publication of Partial Amendment No. 1 in the Federal Register. As
discussed above, Partial Amendment No. 1 updates the Procedures to
assign ICE Clear Europe's Treasury and Finance teams responsibility for
daily monitoring against the concentration limits and investment
criteria. By so updating the Procedures, Partial Amendment No. 1
provides for a more clear and comprehensive understanding of how ICE
Clear Europe would monitor its adherence to the concentration limits
and investment criteria, which helps to improve the Commission's review
of the proposed rule change for consistency with the Act.
---------------------------------------------------------------------------

    \23\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    For the reasons discussed above, the Commission finds that the
proposed rule change, as modified by Partial Amendment No. 1, is
consistent with the Act and the applicable rules thereunder.
Accordingly, the Commission finds good cause for approving the proposed
rule change, as modified by Partial Amendment No. 1, on an accelerated
basis, pursuant to Section 19(b)(2) of the Exchange Act.\24\
---------------------------------------------------------------------------

    \24\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

VI. Conclusion

    On the basis of the foregoing, the Commission finds that the
proposed rule change is consistent with the requirements of the Act,
and in particular, with the requirements of Section 17A(b)(3)(F) of the
Act \25\ and Rules 17Ad-22(e)(1), (e)(2)(v), and (e)(16).\26\
---------------------------------------------------------------------------

    \25\ 15 U.S.C. 78q-1(b)(3)(F).
    \26\ 17 CFR 240.17Ad-22(e)(1), (e)(2)(v), (e)(16).
---------------------------------------------------------------------------

    IT IS THEREFORE ORDERED pursuant to Section 19(b)(2) of the Act
\27\ that the proposed rule change, as modified by Partial Amendment
No. 1 (SR-ICEEU-2020-002), be, and hereby is, approved on an
accelerated basis.\28\
---------------------------------------------------------------------------

    \27\ 15 U.S.C. 78s(b)(2).
    \28\ In approving the proposed rule change, the Commission
considered the proposal's impact on efficiency, competition, and
capital formation. 15 U.S.C. 78c(f).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\29\
---------------------------------------------------------------------------

    \29\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-14627 Filed 7-7-20; 8:45 am]
BILLING CODE 8011-01-P


UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION III

	1650 Arch Street

	Philadelphia, Pennsylvania  19103

DATE:	May 26, 2011

SUBJECT:	Technical Support Document – Commonwealth of Pennsylvania –
Control of Emissions of Particular Matter from the Operation of Outdoor
Wood-fired Boilers

			/s/

FROM:	Rose Quinto, Environmental Engineer

		Office of Air Program Planning

TO:		File

			/s/

THRU: 	Cristina Fernandez, Associate Director

Office of Air Program Planning

A.  BACKGROUND

On July 18, 1997 (62 FR 38652), the Environmental Protection Agency
(EPA) amended the National Ambient Air Quality Standard (NAAQS) for
particular matter (PM) to add a new standard for fine particles, using
fine particulates equal to or less than 2.5 micrometers in diameter
(PM2.5) as the indicator.  EPA set the health-based (primary) and
welfare-based (secondary) PM2.5 annual standard at a level of 15
micrograms per cubic meter (µg/m3) and the 24-hour standard at a level
of 65 µg/m3.  The health-based primary standard is designed to protect
human health from elevated levels of PM2.5, which have been linked to
premature mortality and other health effects.  The secondary standard is
designed to protect against major environmental effects of PM2.5 such as
visibility impairments, soiling, and materials damage.

On October 17, 2006 (71 FR 61236), EPA revised the primary and secondary
24-hour NAAQS for PM2.5 to 35 µg/m3 from 65 µg/m3.

A significant and growing source of PM2.5 emissions in the Commonwealth
of Pennsylvania is from outdoor wood-fired boilers (OWBs).  OWBs, also
referred to as outdoor wood-fired furnaces, outdoor wood-burning
appliances, or outdoor hydronic heaters, are free-standing fuel burning
devices designed: (1) to burn clean wood or other approved solid fuels;
(2) specifically for outdoor installation or installation in structures
not normally intended for habitation by humans or domestic animals, such
as garages; and (3) to heat building space or water by means of
distribution, typically through pipes, of a fluid heated in the device,
typically water, or a water and antifreeze mixture.  They resemble a
small shed or mini-barn with a short smokestack on top.  OWBs are being
sold to heat homes and buildings; produce domestic hot water; heat
swimming pools or hot tubs; and provide heat to agricultural operations
such as greenhouses and dairies.

A concern associated with certain OWBs is the air pollution they may
produce.  Smoldering fires and short smokestacks may create heavy smoke
to the ground that sometimes causes a neighborhood nuisance or an
adverse impact on public health and the environment.  Smoke from OWBs
which form from incomplete combustion, contain emissions from fine
particle pollution, carbon monoxide, and other organic products, such as
formaldehyde, benzene and aromatic hydrocarbons, all of which can cause
cancer.  When inhaled, fine particles from smoke emissions are carried
deep into the lungs and can impair lung function and aggregate existing
medical conditions such as asthma, lung or heart disease.  Individuals
particularly sensitive to PM2.5 exposure include older adults, people
with lung and heart disease, and children.

Unlike indoor wood stoves that are regulated by EPA, OWBs are not
required to meet a Federal emission standard, and the majority of them
are not equipped with pollution controls.  EPA initiated a voluntary
program that encourages manufacturers of OWBs to improve air quality
through developing and distributing cleaner-burning, more efficient
OWBs.  Through this voluntary effort, OWBs are certified and labeled to
meet EPA emissions performance levels in two phases.  Phase 1 of the
program was in place from January 2007 through October 15, 2008.  To
qualify for Phase 1, manufacturers were required to develop an OWB model
that was 70% cleaner-burning than unqualified models by meeting the EPA
air emission standard of 0.6 pound PM per million British thermal unit
(Btu) heat input as tested by an independent accredited laboratory.
Phase 1 OWB models are labeled with an orange tag.  Phase 1 Partnership
Agreements ended when Phase 2 Partnership Agreements were initiated on
October 16, 2008.  To qualify for Phase 2, manufacturers must develop an
OWB model that is 90% cleaner-burning than the Phase 1 OWBs and meet the
EPA air emissions standard of 0.32 pound PM per million Btu heat output.
 The Phase 2 OWB models, just like the Phase 1 OWB models are tested by
an independent accredited laboratory.  Phase 2 OWB models are labeled
with a white tag.  Additional information about the EPA voluntary OWB
program is available on EPA’s Web site at   HYPERLINK
"http://www.epa.gov/burnwise"  www.epa.gov/burnwise .  Furthermore, the
Northeast States for Coordinated Air Use Management (NESCAUM), which is
a regional air pollution control organization, comprised of the air
program directors of all the New England states, New York and New
Jersey, in coordination with a number of states and EPA, developed a
model rule for regulating OWBs (also known as outdoor hydronic heaters
(OHHs)).  The model rule was released in January 2007 and is available
at   HYPERLINK "http://www.nescaum.org/topics/outdoor-hydronic-heaters"
www.nescaum.org/topics/outdoor-hydronic-heaters .  The purpose of the
model rule is to assist state and local agencies in adopting
requirements that will reduce air pollution from OWBs.  The model rule
establishes emission limits and labeling requirements for new OWBs and
contains the following components for both new and existing OWBs:
setback requirements from property lines, structures, and homes; stack
height requirements; and distributor and buyer notification
requirements.

On October 20, 2010, the Pennsylvania Department of Environmental
Protection (PADEP) submitted a State Implementation Plan (SIP) revision
pertaining to the control of emissions of particular matter (PM) from
the operation of OWBs.  This SIP revision is based on the NESCAUM model
rule.  The emission standard established in this SIP revision is the
Phase 2 emission standard described in the EPA voluntary OWB program.

B.  STATE SUBMITTAL

The SIP revision adds definitions and terms to Title 25 of the
Pennsylvania Code (25 Pa. Code) Chapter 121.1, relating to definitions,
used in the substantive provisions of this SIP revision.  The SIP
revision also adds a new regulation pertaining to the standards for
contaminants on particulate matter emissions in 25 Pa. Code Chapter 123
(Standards of Contaminants), Section 123.14 – Outdoor Wood-Fired
Boilers.

The following definitions and terms were added in 25 Pa. Code 121.1:

Btu – British thermal unit – The amount of thermal energy necessary
to raise the temperature of 1 pound of pure liquid water by 1°
Fahrenheit (F) at the temperature at which water has its greatest
density (39°F).

Clean wood – The term includes the following:  (1) wood that contains
no paint, stains, or other types of coatings; and (2) wood that has not
been treated with preservatives or chemicals, including copper, chromium
arsenate, creosote and pentachlorophenol.

New Phase 2 outdoor wood-fired boiler – A Phase 2 outdoor wood-fired
boiler that is installed on or after October 2, 2010.

Non- Phase 2 outdoor wood-fired boiler – An outdoor wood-fired boiler
that has not been certified or qualified by EPA as meeting a particulate
matter emission limit of 0.32 pounds per million Btu output or lower and
is labeled accordingly.

Outdoor wood-fired boiler – A fuel-burning device that:  (1) is
designed to burn, or is capable of burning, clean wood or other fuels
listed under allowed fuels in this SIP revision; (2) has a rated thermal
output of less than 350,000 Btu per hour; (3) the manufacturer designs
or specifies for outdoor installation or installation in structures not
normally intended for habitation by humans or domestic animals,
including garages and sheds; and (4) heats building space or fluid, or
both, through distribution, typically through pipes, of a fluid heated
in the device, typically water or a mixture of water and antifreeze.
The fuel-burning device may also be known as an:  outdoor wood-fired
furnace; outdoor wood-burning appliance; and outdoor hydronic heater.

Phase 2 outdoor wood-fired boiler – An outdoor wood-fired boiler that
has been certified or qualified by EPA as meeting a particular matter
emission limit of 0.32 pounds per million Btu output or lower and is
labeled accordingly.

Summary of the SIP Revision

The SIP revision adds a new regulation in 25 Pa. Code Chapter 123
(Standards for Contaminants, Particulate Matter Emissions), Section
123.14 – Outdoor Wood-Fired Boilers.

The requirements of this SIP revision, beginning October 2, 2010
(effective date of the regulation), applies to the following:

(1)  A person, manufacturer, supplier or distributor who sells, offers
for sale, leases or distributes an OWB for use in this Commonwealth.

(2)  A person who installs an OWB in this Commonwealth.

(3)  A person who purchases, receives, leases, owns, uses or operates an
OWB in this Commonwealth.

The SIP revision does not apply to a person, manufacturer, supplier, or
distributor who sells, offers for sale, leases or distributes in this
Commonwealth a non-Phase 2 OWB, if the person, manufacturer, supplier or
distributor demonstrates the non-Phase 2 OWB is intended for shipment
and use outside of this Commonwealth.  The SIP revision also does not
apply to a permanently installed OWB that was installed prior to October
2, 2010, and is transferred to a new owner as a result of a real estate
transaction.

Another exemption in this SIP revision states that a person may not
sell, offer for sale, distribute or lease a non-Phase 2 OWB in this
Commonwealth, unless the OWB was manufactured, distributed, purchased or
leased, and received in this Commonwealth before May 31, 2011.  This
exemption shall remain in effect until May 31, 2011.

A non-Phase 2 OWB purchased during the sell-through period shall meet
the following requirements:

(1)  The non-Phase 2 OWB shall be installed a minimum of 150 feet from
the nearest property line.

(2)  Have a permanently attached stack that extends a minimum of 10 feet
above the ground, and is installed according to the manufacturer’s
specifications.

Furthermore, a person may not sell, offer for sale, distribute or
install an OWB for use in this Commonwealth, unless it is a Phase 2 OWB.
 A person may also not purchase, lease or receive an OWB for use in this
Commonwealth unless it is a Phase 2 OWB.

The requirements for a new Phase 2 OWB in this Commonwealth are the
following:

(1) A setback requirement for a new Phase 2 OWB is that a person may not
install a new Phase 2 OWB unless the boiler is installed a minimum of 50
feet from the nearest property line.

(2) The stack height requirement for a new Phase 2 OWB is that a person
may not install, use or operate a new Phase 2 OWB, unless the boiler has
a permanently attached stack that extends a minimum of 10 feet above the
ground and be installed according to the manufacturer’s
specifications.

Furthermore, a person that owns, leases, uses, or operates an OWB in
this Commonwealth shall use only one or more of the following fuels:

(1) Clean wood.

(2) Wood pellets made from clean wood.

(3) Home heating oil, natural gas or propane that complies with all
applicable sulfur limits and is used as a starter or supplemental fuel
for dual-fired OWBs.

(4) Other types of fuel approved in writing by PADEP upon receipt of a
written request.

In addition, a person that owns, leases, uses, or operates an OWB in
this Commonwealth shall not burn a fuel or material in that OWB other
than those fuels listed above.

Lastly, a person shall not use or operate an OWB in this Commonwealth
unless it complies with applicable Commonwealth, county and local laws.

C.  EPA EVALUATION

The emission standard established in the SIP revision is the Phase 2
emission standard described in the EPA voluntary program.  This SIP
revision is also based on the NESCUAM model rule that assisted PADEP in
adopting requirements that will reduce air pollution from OWBs.  The
PADEP’s SIP revision establishes emission limits and labeling
requirements for new OWBs and contains the following components for both
new and existing OWBs: setback requirements from property lines,
structures, and homes; stack height requirements; and distributor and
buyer notification requirements.

The Commonwealth will benefit from reduced emissions of fine particulate
matter (PM2.5) from OWBs by following the requirements of the Phase 2
emission standards in the EPA voluntary program, and the NESCUAM model
rule.  Attaining and maintaining levels of PM2.5 below the health-based
NAAQS will reduce premature mortality and other health effects
associated with PM2.5 exposure.  This SIP revision will reduce the
problems associated with the operation of OWBs, including smoke, odors
and burning prohibited fuels, including garbage, tires, and hazardous
waste.  Reductions in ambient levels of PM2.5 will promote improved
visibility, decreased soiling and materials damage, and decreased damage
to plants and trees.

D.  CONCLUSIONS AND RECOMMENDED AGENCY ACTION

The regulation to control PM2.5 emissions from OWBs adopted by the
Commonwealth of Pennsylvania will result in the reduction of PM2.5
emissions from the operation of OWBs and will help the Commonwealth in
attaining compliance with PM2.5 NAAQS.  EPA approval of the SIP revision
is recommended.

 PAGE

  PAGE   \* MERGEFORMAT  3


[Federal Register Volume 87, Number 183 (Thursday, September 22, 2022)]
[Notices]
[Page 57891]
[FR Doc No: 2022-20530]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

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

Filings in Existing Proceedings

    Docket Numbers: RP22-1180-001.
    Applicants: Colorado Interstate Gas Company, L.L.C.
    Description: Tariff Amendment: Amendment to Fuel_Lost Unaccounted
For Update to be effective 10/1/2022.
    Filed Date: 9/16/22.
    Accession Number: 20220916-5004.
    Comment Date: 5 p.m. ET 9/23/22.

    Any person desiring to protest in any the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR 385.211) on or before 5:00 p.m. Eastern time on the specified
comment date.

Filings Instituting Proceedings

    Docket Numbers: RP22-1215-000.
    Applicants: Enable Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Filed Agreements Housekeeping
to be effective 9/15/2022.
    Filed Date: 9/15/22.
    Accession Number: 20220915-5154.
    Comment Date: 5 p.m. ET 9/27/22.

    Docket Numbers: RP22-1216-000.
    Applicants: Equitrans, L.P.
    Description: Sec.  4(d) Rate Filing: FOSA Updates to be effective
11/1/2022.
    Filed Date: 9/15/22.
    Accession Number: 20220915-5194.
    Comment Date: 5 p.m. ET 9/27/22.

    Docket Numbers: RP22-1217-000.
    Applicants: Natural Gas Pipeline Company of America LLC.
    Description: Sec.  4(d) Rate Filing: Non-Conforming Negotiated Rate
Agreement Filing-Kiowa Power Partners, LLC to be effective 10/18/2022.
    Filed Date: 9/16/22.
    Accession Number: 20220916-5058.
    Comment Date: 5 p.m. ET 9/28/22.

    Docket Numbers: RP22-1218-000.
    Applicants: Sea Robin Pipeline Company, LLC.
    Description: Sec.  4(d) Rate Filing: Reservation Charge Credit and
other Revisions to be effective 10/16/2022.
    Filed Date: 9/16/22.
    Accession Number: 20220916-5064.
    Comment Date: 5 p.m. ET 9/28/22.

    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: September 16, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-20530 Filed 9-21-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 242 (Tuesday, December 21, 2021)]
[Rules and Regulations]
[Pages 72171-72174]
[FR Doc No: 2021-27707]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-1065; Project Identifier MCAI-2021-01264-T;
Amendment 39-21858; AD 2021-25-14]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Airbus SAS Model A319-111, -112, -113, -114, -115, -131, -132, and -133
airplanes; Model A320-211, -212, -214, -216, -231, -232, and -233
airplanes; and Model A321-111, -112, -131, -211, -212, -213, -231, and
-232 airplanes. This AD was prompted by the determination that fatigue
cracking may occur at the wing manhole access panel attachment holes at
certain wing skin panels on airplanes with Sharklets or its structural
reinforcements installed. This AD requires repetitive inspections for
cracking of the area, and corrective action if necessary, as specified
in a European Union Aviation Safety Agency (EASA) AD, which is
incorporated by reference. The FAA is issuing this AD to address the
unsafe condition on these products.

DATES: This AD becomes effective January 5, 2022.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of January 5,
2022.
    The FAA must receive comments on this AD by February 4, 2022.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For material incorporated by reference (IBR) in this AD, contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email [email protected]; internet www.easa.europa.eu. You
may find this IBR material on the EASA website at https://ad.easa.europa.eu. You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St., Des
Moines, WA. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>. It is also available in the AD docket at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2021-1065.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-1065; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this AD, the mandatory
continuing airworthiness information (MCAI), any comments received, and
other information. The street address for Docket Operations is listed
above.

FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer,

Large Aircraft Section, FAA, International Validation Branch, 2200
South 216th St., Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>;
email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2021-1065; Project Identifier MCAI-
2021-01264-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this final rule because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this final rule.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this AD contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this AD, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this AD. Submissions containing CBI should be sent to Sanjay
Ralhan, Aerospace Engineer, Large Aircraft Section, FAA, International
Validation Branch, 2200 South 216th St., Des Moines, WA 98198;
telephone and fax<PHONE_NUMBER>; email [email protected]. Any
commentary that the FAA receives that is not specifically designated as
CBI will be placed in the public docket for this rulemaking.

Background

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2021-0256, dated November 16, 2021
(EASA AD 2021-0256) (also referred to as the MCAI), to correct an
unsafe condition for all Model A319-111, -112, -113, -114, -115, -131,
-132, and -133 airplanes; Model A320-211, -212, -214, -215, -216, -231,
-232, and -233 airplanes; and Model A321-111, -112, -131, -211, -212, -
213, -231, and -232 airplanes. Model A320-215 airplanes are not
certificated by the FAA and are not included on the U.S. type
certificate data sheet; this AD therefore does not include those
airplanes in the applicability.
    This AD was prompted by the determination that fatigue cracking may
occur at the left-hand and right-hand wing manhole access panel
attachment holes in the bottom wing skin panels 2, between rib 13 and
rib 23, on airplanes with Sharklets or its structural reinforcements
installed. The FAA is issuing this AD to address this condition, which
could lead to crack propagation, possibly resulting in reduced
structural integrity of the wings. See the MCAI for additional
background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0256 specifies procedures for repetitive detailed
visual inspections to detect discrepancies (cracking) of the left-hand
and right-hand wing manhole access panel attachment holes in the bottom
wing skin panels 2, between rib 13 and rib 23. This material is
reasonably available because the interested parties have access to it
through their normal course of business or by the means identified in
the ADDRESSES section.

FAA's Determination

    These products have been approved by the aviation authority of
another country and are approved for operation in the United States.
Pursuant to the FAA's bilateral agreement with this State of Design
Authority, it has notified the FAA of the unsafe condition described in
the MCAI described above. The FAA is issuing this AD after determining
that the unsafe condition described previously is likely to exist or
develop on other products of the same type designs.

Requirements of This AD

    This AD requires accomplishing the actions specified in EASA AD
2021-0256 described previously, except for any differences identified
as exceptions in the regulatory text of this AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result,
EASA AD 2021-0256 is incorporated by reference in this AD. This AD
requires compliance with EASA AD 2021-0256 in its entirety through that
incorporation, except for any differences identified as exceptions in
the regulatory text of this AD. Using common terms that are the same as
the heading of a particular section in EASA AD 2021-0256 does not mean
that operators need comply only with that section. For example, where
the AD requirement refers to ``all required actions and compliance
times,'' compliance with this AD requirement is not limited to the
section titled ``Required Action(s) and Compliance Time(s)'' in EASA AD
2021-0256. Service information required by EASA AD 2021-0256 for
compliance will be available at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-1065 after this AD is
published.

Interim Action

    The FAA considers this AD interim action. If final action is later
identified, the FAA might consider further rulemaking then.

FAA's Justification and Determination of the Effective Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
    An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies forgoing notice and comment prior to adoption of this rule
because fatigue cracking at the wing

manhole access panel attachment holes in the bottom wing skin panels 2,
between rib 13 and rib 23, on airplanes with Sharklets or its
structural reinforcements are installed, could lead to crack
propagation, possibly resulting in reduced structural integrity of the
wings. In addition, the compliance time for the required action is
shorter than the time necessary for the public to comment and for
publication of the final rule. Accordingly, notice and opportunity for
prior public comment are impracticable and contrary to the public
interest pursuant to 5 U.S.C. 553(b)(3)(B).
    In addition, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days,
for the same reasons the FAA found good cause to forgo notice and
comment.

Regulatory Flexibility Act (RFA)

    The requirements of the RFA do not apply when an agency finds good
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and
comment. Because the FAA has determined that it has good cause to adopt
this rule without notice and comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 1,463 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                     Estimated Costs for Required Actions *
----------------------------------------------------------------------------------------------------------------
                                                                   Cost per
                  Labor cost                      Parts cost        product          Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
14 work-hours x $85 per hour = $1,190.........              $0          $1,190  $1,740,970 per inspection cycle.
----------------------------------------------------------------------------------------------------------------
* Table does not include estimated costs for reporting inspection results.

    The FAA estimates that it takes 1 work-hour per product to comply
with the reporting requirement in this AD. The average labor rate is
$85 per hour. Based on these figures, the FAA estimates the cost of
reporting the inspection results on U.S. operators to be $124,355, or
$85 per product, per inspection cycle.
    The FAA has received no definitive data on which to base the cost
estimates for the on-condition actions specified in this AD.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to a penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a currently valid OMB Control Number. The OMB
Control Number for this information collection is 2120-0056. Public
reporting for this collection of information is estimated to take
approximately 1 hour per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Send comments regarding this burden estimate
or any other aspect of this collection of information, including
suggestions for reducing this burden, to: Information Collection
Clearance Officer, Federal Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177-1524.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

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

2021-25-14 Airbus SAS: Amendment 39-21858; Docket No. FAA-2021-1065;
Project Identifier MCAI-2021-01264-T.

(a) Effective Date

    This airworthiness directive (AD) is effective January 5, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus SAS airplanes identified in
paragraphs (c)(1) through (3) of this AD and certificated in any
category.
    (1) Model A319-111, -112, -113, -114, -115, -131, -132, and -133
airplanes.
    (2) Model A320-211, -212, -214, -216, -231, -232, and -233
airplanes.
    (3) Model A321-111, -112, -131, -211, -212, -213, -231, and -232
airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Unsafe Condition

    This AD was prompted by the determination that fatigue cracking
may occur at the left-hand and right-hand wing manhole access panel
attachment holes in the bottom wing skin panels 2, between rib 13
and rib 23, on airplanes with Sharklets or its structural
reinforcements installed. The FAA is issuing this AD to address this
condition, which could lead to crack propagation, possibly resulting
in reduced structural integrity of the wings.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2021-0256, dated November 16, 2021 (EASA AD 2021-0256).

(h) Exceptions to EASA AD 2021-0256

    (1) Where EASA AD 2021-0256 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) Where paragraph (1) of EASA AD 2021-0256 requires ``a DET
[detailed visual inspection] of the affected areas,'' this AD
requires a detailed visual inspection to detect discrepancies
(cracking) of the affected areas.
    (3) Where paragraph (2) of EASA AD 2021-0256 specifies to
``contact Airbus for approved instructions and . . . accomplish [the
specified] instructions accordingly'' if discrepancies are detected,
for this AD if any cracking is detected, the cracking must be
repaired before further flight using a method approved by the
Manager, Large Aircraft Section, International Validation Branch,
FAA; or EASA; or Airbus SAS's EASA Design Organization Approval
(DOA). If approved by the DOA, the approval must include the DOA-
authorized signature.
    (4) Paragraph (3) of EASA AD 2021-0256 specifies to report
inspection results to Airbus within a certain compliance time. For
this AD, report inspection results at the applicable time specified
in paragraph (h)(4)(i) or (ii) of this AD.
    (i) If the inspection was done on or after the effective date of
this AD: Submit the report within 30 days after the inspection.
    (ii) If the inspection was done before the effective date of
this AD: Submit the report within 30 days after the effective date
of this AD.
    (5) The ``Remarks'' section of EASA AD 2021-0256 does not apply
to this AD.

(i) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, International Validation Branch, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or responsible Flight
Standards Office, as appropriate. If sending information directly to
the Large Aircraft Section, International Validation Branch, send it
to the attention of the person identified in paragraph (j) of this
AD. Information may be emailed to: [email protected].
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, Large Aircraft
Section, International Validation Branch, FAA; or EASA; or Airbus
SAS's EASA Design Organization Approval (DOA). If approved by the
DOA, the approval must include the DOA-authorized signature.
    (3) Required for Compliance (RC): Except as required by
paragraph (i)(2) of this AD, if any service information referenced
in EASA AD 2021-0256 that contains paragraphs that are labeled as
RC, the instructions in RC paragraphs, including subparagraphs under
an RC paragraph, must be done to comply with this AD; any
paragraphs, including subparagraphs under those paragraphs, that are
not identified as RC are recommended. The instructions in
paragraphs, including subparagraphs under those paragraphs, not
identified as RC may be deviated from using accepted methods in
accordance with the operator's maintenance or inspection program
without obtaining approval of an AMOC, provided the instructions
identified as RC can be done and the airplane can be put back in an
airworthy condition. Any substitutions or changes to instructions
identified as RC require approval of an AMOC.

(j) Related Information

    For more information about this AD, contact Sanjay Ralhan,
Aerospace Engineer, Large Aircraft Section, FAA, International
Validation Branch, 2200 South 216th St., Des Moines, WA 98198;
telephone and fax<PHONE_NUMBER>; email [email protected].

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2021-0256,
dated November 16, 2021.
    (ii) [Reserved]
    (3) For EASA AD 2021-0256, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; Internet www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://ad.easa.europa.eu.
    (4) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St.,
Des Moines, WA. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>.
    (5) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
[email protected], or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on December 3, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-27707 Filed 12-17-21; 11:15 am]
BILLING CODE 4910-13-P