Date: May 6, 2003 Subject: Revised MACT Floor and Cost Impacts for Continuous Process Vents Miscellaneous Organic NESHAP EPA Project No. 95/ 08; RTI International Project No. 08550.001.011 From: David Randall To: MON Project file I. Introduction Prior to proposal of subpart FFFF, the MACT floor for continuous process vents at existing sources was determined to be 98 percent control for vents with a TRE less than or equal to 2.6.1 One commenter on the proposed subpart FFFF indicated that one of the top performing facilities should be removed from the analysis because the listed process vent never existed. 2 This memorandum describes the procedures used to reevaluate the TRE threshold and the effect of changing the MACT floor on the nationwide impacts.

II. MACT Floor Table 1 shows the TRE thresholds for the top performing facilities. The incorrect data are for the vent that results in the threshold value for the Amoco Petroleum Additives plant ( now BP Chemicals), which has the second highest TRE threshold. Without this vent, the TRE threshold for the facility drops to 0.33, which means it is no longer in the top 12 percent of facilities. In both the original and revised analyses, the database includes 44 facilities for which TREs were calculated, and the top 12 percent consists of 5 facilities. Thus, after correcting the Amoco data, the revised TRE cutoff for the floor is 1.9.

III. Cost Impacts The database includes 13 vents with TREs between 1.9 and 2.6, 12 of which are not currently controlled to 98 percent. Excluding these vents from the control requirements reduces the nationwide annual costs by about $ 5.0 million/ yr. Since the database is assumed to represent half of the continuous process vents nationwide, the change in TRE reduces the overall TAC for the MACT floor by about $ 10.0 million/ yr. Similarly, not controlling these 12 vents results in emission reductions that are about 180 Mg/ yr less than in the previous analysis, and overall emission reductions nationwide are about 360 Mg/ yr less than for the previous analysis. We also 2 Table 1. TRE Thresholds for Continuous Process Vents Company City State TRE thresholds Previous analysis Current analysis Mobil Chemical Beaumont TX 5.05 5.05 Amoco Petroleum Additives Wood River IL 4.16 Hoechst Celanese Chemical Group Bay City TX 1.79 1.79 Dow Plaquemine LA 1.42 1.42 CF Industries Donaldsonville LA 0.70 0.70 E. I. DuPont Pasadena TX 0.62 Average TRE for top 5 sources 2.62 1.91 identified errors in the calculations for four vents at plants M277 and M314 that reduce the TAC by another $ 250,000/ yr ($ 500,000 nationwide) but increase the emission reductions by about 20 Mg/ yr ( 40 Mg/ yr nationwide). The regulatory alternative is unchanged from the previous analysis ( i. e., 98 percent control for vents with a TRE less than or equal to 5.0). Thus, the costs and emission reductions are the same as for the previous analysis, except for the same corrections as noted for three vents in the floor analysis. Table 2 summarizes the costs and emission reductions for the MACT floor and the regulatory alternative. Attachment 1 presents detailed data for affected vents under the revised MACT floor, and Attachment 2 presents detailed data for the additional affected vents under the regulatory alternative.

Table 2. Impacts of Regulatory Alternatives for Existing Sources Regulatory alternative TCI, $ TAC, $/ yr Emission reduction, Mg/ yr Cost effectiveness, $/ Mg Relative to baseline Incremental Previous analysis MACT floor 29,200,000 30,700,000 3,310 9,300 N/ A Current analysis MACT floor 22,600,000 20,400,000 2,970 6,870 N/ A Regulatory alternative 33,240,000 32,700,000 3,400 9,620 28,700 3 The incremental cost per Mg of HAP reduced of the regulatory alternative relative to the floor and to baseline are both unreasonable. Therefore, we recommend setting the standard for continuous process vents at the revised MACT floor.

IV. References 1. Memorandum from J. Fields, B. Shine, and D. Randall, MRI, to MON Project File. June 2, 2000. Determination of TRE, MACT floor, and control costs for continuous process vents at chemical manufacturing facilities.

2. Letter from W. Gerwing, BP Chemicals, to EPA's Air and Radiation Docket and Information Center. June 27, 2002. Comments on the proposed NESHAP for miscellaneous organic chemical manufacturing. A 1 ATTACHMENT 1 Detailed Data for Affected Vents Under the Revised MACT Floor A 2 Count Master Facility ID Flow ( scfm) HAP Uncontrolled Emissions ( lb/ yr) Baseline HAP Emissions ( lb/ yr) HAP Reduction ( lb/ yr) Electricity ( kwh/ yr) Natural gas ( mmscfy) Steam ( lb/ yr) TCC TAC CE ($/ ton) Control Technology 1 M107 0.03 2,600,000 26,000 0 0 0 0 0 0 NA None 2 M117 0.029 13,154 13,154 12,891 1.0 0 1,584 29,104 50,134 7,778 Flare 3 M117 0.029 7,150 1,430 1,287 1.0 0 1,584 29,065 50,128 77,899 Flare 4 M117 0.469 38,329,000 153,316 0 0 0 0 0 0 NA None 5 M126 0.085 11,283 11,283 11,057 2.0 0 4,598 29,062 50,146 9,070 Flare 6 M126 6,450 83,246 83,246 81,581 767,683 43 0 491,846 322,088 7,896 Inc. 70%

7 M126 6,450 68,909 68,909 67,531 767,747 43 0 491,855 323,035 9,567 Inc. 70%

8 M126 6,450 60,260 60,260 59,055 767,785 43 0 491,861 323,601 10,959 Inc. 70%

9 M146 6,450 306,000 31 0 0 0 0 0 0 NA None 10 M255 6,160 57,300 57,300 56,154 732,839 39 0 486,589 308,050 10,972 Inc. 70%

11 M256 6,450 54,880 54,880 53,782 767,401 42 0 491,804 317,893 11,821 Inc. 70%

12 M258 496 3,288,000 32,880 0 0 0 0 0 0 NA None 13 M258 496 1,188,000 11,880 0 0 0 0 0 0 NA None 14 M258 1,000 292,000 2,920 0 0 0 0 0 0 NA None 15 M259 6,450 840,000 8,400 0 0 0 0 0 0 NA None 16 M259 4,251 270,820 2,708 0 0 0 0 0 0 NA None 17 M260 6,450 163,194 163,194 159,930 766,117 36 0 491,613 298,843 3,737 Inc. 70%

18 M262 0.1 60,000 180 0 0 0 0 0 0 NA None 19 M262 0.1 1,313,333 3,940 0 0 0 0 0 0 NA None 20 M262 0.1 11,980,000 35,940 0 0 0 0 0 0 NA None 21 M269 193,352 1,999,992 8,000 0 0 0 0 0 0 NA None 22 M269 193,352 1,999,992 8,000 0 0 0 0 0 0 NA None 23 M271 0.050 2,000 2 0 0 0 0 0 0 NA None 24 M271 0.050 1,020,000 1,020 0 0 0 0 0 0 NA None 25 M271 0.050 2,000,000 2,000 0 0 0 0 0 0 NA None 26 M271 0.050 12,620,000 12,620 0 0 0 0 0 0 NA None 27 M271 0.050 5,600,000 5,600 0 0 0 0 0 0 NA None 28 M271 0.050 16,200,000 16,200 0 0 0 0 0 0 NA None 29 M271 0.050 6,200,000 6,200 0 0 0 0 0 0 NA None 30 M271 0.050 2,000,000 2,000 0 0 0 0 0 0 NA None 31 M271 0.050 7,600,000 7,600 0 0 0 0 0 0 NA None Count Master Facility ID Flow ( scfm) HAP Uncontrolled Emissions ( lb/ yr) Baseline HAP Emissions ( lb/ yr) HAP Reduction ( lb/ yr) Electricity ( kwh/ yr) Natural gas ( mmscfy) Steam ( lb/ yr) TCC TAC CE ($/ ton) Control Technology A 3 32 M271 203.2 2,200,000 2,200 0 0 0 0 0 0 NA None 33 M271 203.2 620,000 620 0 0 0 0 0 0 NA None 34 M271 281.93 97,700 1,954 0 0 0 0 0 0 NA None 35 M271 6,450 160,000 160 0 0 0 0 0 0 NA None 36 M277 3.721 316,200 3,162 0 0 0 0 0 0 NA None 37 M277 6,450 66,000 660 0 0 0 0 0 0 NA None 38 M277 114.3 19,157 19,157 18,774 4,387 31 6,716,333 48,803 195,475 20,824 Flare 39 M277 2,985 40,800 40,800 39,984 355,299 20 0 412,085 210,382 10,523 Inc. 70%

40 M279 6,450 1,514,040 15,140 0 0 0 0 0 0 NA None 41 M279 6,450 157,180 1,572 0 0 0 0 0 0 NA None 42 M279 51.06 33,091 33,091 32,429 1,920 13 2,980,480 47,569 113,863 7,022 Flare 43 M279 50.46 18,779 18,779 18,403 1,913 13 2,951,172 47,556 114,253 12,416 Flare 44 M279 6450 53,500 535 0 0 0 0 0 0 NA None 45 M280 0.05 298 298 292 2.0 0 2,887 29,022 50,165 343,549 Flare 46 M280 0.54 146,670 2,933 0 0 0 0 0 0 NA None 47 M280 42,462 483,350 9,667 0 0 0 0 0 0 NA None 48 M281 323.1 13,142 13,142 12,879 400 3 621,749 68,798 24,522 3,808 Flare 49 M281 8,969 591,320 591,320 579,494 1,061,229 44 0 530,572 350,010 1,208 Inc. 70%

50 M281 0.3 26,000 260 0 0 0 0 0 0 NA None 51 M283 1.97 196,210 3,924 0 0 0 0 0 0 NA None 52 M283 0.13 2,150,000 21,500 0 0 0 0 0 0 NA None 53 M285 472.5 144,867 30,422 27,525 11,965 6 0 141,297 102,851 7,473 Incinerator 54 M285 779.2 56,433 56,433 55,304 92,541 4 0 304,834 127,043 4,594 Inc. 70%

55 M285 472.5 31,782 31,782 31,146 12,071 8 0 141,513 110,272 7,081 Incinerator 56 M285 472.5 31,782 31,782 31,146 12,071 8 0 141,513 110,272 7,081 Incinerator 57 M285 472.5 31,782 31,782 31,146 12,071 8 0 141,513 110,272 7,081 Incinerator 58 M287 6,450 292,115 292,115 286,273 764,589 29 0 491,386 276,168 1,929 Inc. 70%

59 M293 0.07 2,927 2,927 2,869 2.0 0 3,779 29,036 50,137 34,953 Flare 60 M293 0.3 100,680 1,007 0 0 0 0 0 0 NA None 61 M297 6,450 52,000 5 0 0 0 0 0 0 NA None 62 M299 6,450 530,034 10,634 33 761,769 16 0 490,966 234,322 14,064,946 Inc. 70% Count Master Facility ID Flow ( scfm) HAP Uncontrolled Emissions ( lb/ yr) Baseline HAP Emissions ( lb/ yr) HAP Reduction ( lb/ yr) Electricity ( kwh/ yr) Natural gas ( mmscfy) Steam ( lb/ yr) TCC TAC CE ($/ ton) Control Technology A 4 63 M299 6,450 245,200 12,260 7,356 764,950 31 0 491,440 281,533 76,545 Inc. 70%

64 M300 0.15 25,300 506 0 0 0 0 0 0 NA None 65 M300 0.06 355,300 7,106 0 0 0 0 0 0 NA None 66 M300 0.024 7,120 71 0 0 0 0 0 0 NA None 67 M300 0.024 7,120 71 0 0 0 0 0 0 NA None 68 M301 275.4 81,760 8,176 6,541 10,510 73 16,132,375 67,720 395,435 120,913 Flare 69 M301 275.4 81,760 8,176 6,541 10,510 73 16,132,375 67,720 395,435 120,913 Flare 70 M301 275.4 42,300 4,230 3,384 10,534 74 16,141,105 67,755 397,169 234,733 Flare 71 M301 275.4 39,000 3,900 3,120 10,536 74 16,141,835 67,758 397,314 254,688 Flare 72 M301 275.4 28,600 2,860 2,288 10,543 74 16,144,136 67,767 397,771 347,702 Flare 73 M301 275.4 26,400 2,640 2,112 10,544 74 16,144,623 67,769 397,868 376,769 Flare 74 M303 6,450 474,007 474 0 0 0 0 0 0 NA None 75 M303 6,450 189,003 189 0 0 0 0 0 0 NA None 76 M303 6,450 87,800 87,800 86,044 767,011 40 0 491,746 312,103 7,254 Inc. 70%

77 M303 6,450 54,831 54,831 53,734 767,401 42 0 491,804 317,902 11,832 Inc. 70%

78 M306 60 726,000 14,520 0 0 0 0 0 0 NA None 79 M306 5.113 62,360 62,360 61,113 155 1 267,450 29,289 50,670 1,658 Flare 80 M306 6,450 130,000 2,600 0 0 0 0 0 0 NA None 81 M306 5.113 14,060 14,060 13,779 100 1 159,340 29,280 32,043 4,651 Flare 82 M307 6,450 1,180,300 23,606 0 0 0 0 0 0 NA None 83 M307 6,450 204,988 16,399 12,299 767,149 40 0 491,766 314,156 51,085 Inc. 70%

84 M311 0.01 32,900 658 0 0 0 0 0 0 NA None 85 M311 0.18 3,700 74 0 0 0 0 0 0 NA None 86 M314 968.2 256,620 7,909 2,777 24,350 8 0 160,372 114,708 82,621 Incinerator 87 M314 9,782 472,577 10,307 855 1,161,236 51 0 541,474 380,689 890,541 Inc. 70%

88 M315 2.326 29,184,000 145,920 0 0 0 0 0 0 NA None 89 M320 0.7 214,000 3,210 0 0 0 0 0 0 NA None 90 M320 0.67 372,000 5,580 0 0 0 0 0 0 NA None 91 M320 1.23 335,867 5,038 0 0 0 0 0 0 NA None 92 M320 2,277 840,000 12,600 0 0 0 0 0 0 NA None 93 M322 6,450 1,066,000 10,660 0 0 0 0 0 0 NA None Count Master Facility ID Flow ( scfm) HAP Uncontrolled Emissions ( lb/ yr) Baseline HAP Emissions ( lb/ yr) HAP Reduction ( lb/ yr) Electricity ( kwh/ yr) Natural gas ( mmscfy) Steam ( lb/ yr) TCC TAC CE ($/ ton) Control Technology A 5 94 M325 1,659 274,000 274,000 268,520 195,797 6 0 360,334 146,981 1,095 Inc. 70%

95 M325 1,659 104,600 104,600 102,508 196,544 9 0 360,642 158,099 3,085 Inc. 70%

96 M328 6,450 742,000 742,000 727,160 764,733 30 0 491,408 278,313 765 Inc. 70%

97 M330 0.027 9,000 9,000 8,820 0 0 1,448 29,085 50,130 11,367 Flare 98 M330 0.027 9,000 9,000 8,820 0 0 1,448 29,085 50,130 11,367 Flare 99 M330 0.027 9,000 9,000 8,820 0 0 1,448 29,085 50,130 11,367 Flare 100 M330 0.111 30,620 30,620 30,008 3.0 0 5,882 29,109 49,280 3,285 Flare 101 M337 0.72 799,600 7,996 0 0 0 0 0 0 NA None 102 M343 0.028 10,000 10,000 9,800 1.0 0 1,540 29,049 50,251 10,255 Flare 103 M343 0.278 9,000,000 900 0 0 0 0 0 0 NA None 104 M343 0.278 1,400,000 140 0 0 0 0 0 0 NA None 105 M343 0.484 200,000 20 0 0 0 0 0 0 NA None 106 M347 6,450 77,915 77,915 76,357 767,128 40 0 491,763 313,842 8,220 Inc. 70%

107 M350 2,423 495,200 9,904 0 0 0 0 0 0 NA None 108 M351 0.022 11,857 166 0 0 0 0 0 0 NA None 109 M351 18.19 149,900 29,980 26,982 641 4 1,048,550 34,850 69,691 5,166 Flare 110 M351 57.89 86,300 17,260 15,534 2,192 15 3,391,807 47,917 122,997 15,836 Flare 111 M351 14.34 76,720 15,344 13,810 506 3 827,223 34,767 65,822 9,533 Flare 112 M351 8.469 26,555 5,311 4,780 315 2 494,243 29,508 60,156 25,170 Flare 113 M358 210.2 1,184,680 59,234 35,540 7,616 47 12,191,823 65,863 285,556 16,069 Flare 114 M359 1.2 84,550 1,691 0 0 0 0 0 0 NA None 115 M44 0.01 41,000 820 0 0 0 0 0 0 NA None 116 M44 1.098 89,000 8,900 7,120 28 0 59,285 29,314 50,513 14,189 Flare cont( lb/ yr) 180,158,722 4,083,449 3,277,487 11,324,701 10,210,612 6,231 cont( tpy) 90,079 2,041 1,638 cont( Mg/ yr) 81,719 1,852 1,486 allcont( tpy) 180,158 4,083 3,277 22,649,402 20,421,224 6,231 A 6 ATTACHMENT 2 Detailed Data for the Additional Affected Vents under the Regulatory Alternative A 7 Count Master Facility ID Flow ( scfm) HAP Uncontrolled Emissions ( lb/ yr) Baseline HAP Emissions ( lb/ yr) HAP Reduction ( lb/ yr) TRE Elec.

( kwh/ yr) Nat.

gas ( mm scfy) Steam ( tpy) TCC TAC CE, $/ ton Control Technology 1 M325 0.439 8,280 8,280 8,114 1.91 13 0 12.3 29,075 50,423 12,428 Flare 2 M107 4.404 16,000 16,000 15,680 1.95 158 1 127 29,306 54,888 7,001 Flare 3 M307 6,450 45,720 4,572 3,658 2.03 767,850 44 0 491,870 324,556 177,469 Inc. 70%

4 M314 171,186 559,009 559 0 2.12 0 0 0 0 0 NA None 5 M277 1,990 29,600 7,400 6,808 2.13 236,858 13 0 375,883 175,879 51,668 Inc. 70%

6 M301 275.4 17,720 1,772 1,418 2.15 10,549 74 8,073 67,777 398,249 561,864 Flare 7 M280 165,872 1,654,000 165 0 2.20 0 0 0 0 0 NA None 8 M44 1.558 16,140 16,140 15,817 2.20 42 0 42.4 29,142 50,788 6,422 Flare 9 M23 35.31 13,226 13,226 12,961 2.29 1,353 9 1,037 35,233 94,926 14,647 Flare 10 M269 25,859 93,200 93,200 91,336 2.37 3,078,169 173 0 680,816 917,527 20,091 Inc. 70%

11 M269 25,859 92,200 92,200 90,356 2.39 3,078,181 173 0 680,817 917,702 20,313 Inc. 70%

12 M258 4.147 12,440 12,440 12,191 2.48 154 1 120.7 29,312 54,955 9,016 Flare 13 M269 22,116 77,600 77,600 76,048 2.52 2,632,654 148 0 656,121 805,095 21,173 Inc. 70%

14 M269 22,116 77,200 77,200 75,656 2.53 2,632,659 148 0 656,122 805,165 21,285 Inc. 70%

15 M347 6,450 30,967 30,967 30,348 2.97 767,684 43 0 491,846 322,099 21,227 Inc. 70%

16 M314 1,640 18,020 901 541 3.34 195,102 10 0 359,824 161,144 596,167 Inc. 70%

17 M44 5.676 7,880 79 0 3.79 0 0 0 0 0 NA None 18 M126 89.40 8,400 8,400 8,232 3.79 3,424 24 2,620 48,726 164,155 39,882 Flare 19 M343 188.9 9,200 9,200 9,016 3.84 7,257 51 5,551 65,032 291,284 64,615 Flare 20 M259 1,100 13,540 135 0 4.16 0 0 0 0 0 NA None 21 M299 6,450 21,800 872 436 4.19 767,791 43 0 491,862 323,690 1,484,817 Inc. 70%

22 M343 0.128 6,560 6,560 6,429 4.47 3 0 3.5 29,038 50,282 15,643 Flare 23 M279 105.3 7,057 7,057 6,916 4.59 4,035 28 3,087 48,717 184,034 53,219 Flare Totals 2,835,759 484,926 471,961 5,296,519 6,146,841 26,048 Nationwide totals 5,671,517 969,852 943,921 10,593,038 12,293,682 26,048


[Federal Register Volume 87, Number 241 (Friday, December 16, 2022)]
[Notices]
[Pages 77163-77164]
[FR Doc No: 2022-27354]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[DOT-NHTSA-2022-0104]

National Emergency Medical Services Advisory Council Notice of
Public Meeting

AGENCY: National Highway Traffic Safety Administration, U.S. Department
of Transportation (DOT).

ACTION: Notice of public meeting.

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SUMMARY: This notice announces a meeting of the National Emergency
Medical Services Advisory Council (NEMSAC).

DATES: This meeting will be held in-person and simultaneously
transmitted via virtual interface. It will be held on February 15-16,
2023, from 12 p.m. to 5 p.m. ET. Pre-registration is required to attend
this meeting. A link permitting access to the meeting will be
distributed to registrants within 24 hours of the meeting start time.
If you wish to speak during the meeting, you must submit a written copy
of your remarks to DOT by February 2, 2023.
    Notifications containing specific details for this meeting will be
published in the Federal Register no later than 30 days prior to the
meeting dates.

ADDRESSES: General information about the Council is available on the
NEMSAC internet website at www.ems.gov. The registration portal and
meeting agenda will be available on the NEMSAC internet website at
www.ems.gov at least one week in advance of the meeting.

FOR FURTHER INFORMATION CONTACT: Clary Mole, EMS Specialist, National
Highway Traffic Safety Administration, U.S. Department of
Transportation is available by phone at<PHONE_NUMBER> or by email at
[email protected]. Any committee-related requests should be sent to
the person listed in this section.

SUPPLEMENTARY INFORMATION:

I. Background

    The NEMSAC was established pursuant to Section 31108 of the Moving
Ahead for Progress in the 21st Century (MAP-21) Act of 2012, under the
Federal Advisory Committee Act. The purpose of NEMSAC is to serve as

a nationally recognized council of emergency medical services (EMS)
representatives to provide advice and consult with:
    a. The Federal Interagency Committee on Emergency Medical Services
(FICEMS) on matters relating to EMS issues; and
    b. The Secretary of Transportation on matters relating to EMS
issues affecting DOT.
    The NEMSAC provides an important national forum for the non-Federal
deliberation of national EMS issues and serves as a platform for advice
on DOT's national EMS activities. NEMSAC also provides advice and
recommendations to the FICEMS. NEMSAC is authorized under Section 31108
of the MAP-21 Act of 2012, codified at 42 U.S.C. 300d-4.

II. Agenda

    At the meeting, the agenda will cover the following topics:

 Updates from Federal Emergency Medical Services Liaisons
 Updates on the FICEMS Initiatives
 Updates on NHTSA Initiatives
 Subcommittee Reports

III. Public Participation

    This meeting will be open to the public. We are committed to
providing equal access to this meeting for all participants. Persons
with disabilities in need of an accommodation should send a request to
the individual in the FOR FURTHER INFORMATION CONTACT section of this
notice no later than February 2, 2023.
    A period of time will be allotted for comments from members of the
public joining the meeting. Members of the public may present questions
and comments to the Council using the live chat feature available
during the meeting. Members of the public may also submit materials,
questions, and comments in advance to the individual listed in the FOR
FURTHER INFORMATION CONTACT section of this notice.
    Members of the public wishing to reserve time to speak directly to
the Council during the meeting must submit a request. The request must
include the name, contact information (address, phone number, and email
address), and organizational affiliation of the individual wishing to
address NEMSAC; it must also include a written copy of prepared remarks
and must be forwarded to the individual listed in the FOR FURTHER
INFORMATION CONTACT section of this notice no later than February 2,
2023.
    All advance submissions will be reviewed by the Council Chairperson
and Designated Federal Officer. If approved, advance submissions shall
be circulated to NEMSAC representatives for review prior to the
meeting. All advance submissions will become part of the official
record of the meeting.
    Authority: 42 U.S.C. 300d-4(b); 49 CFR part 1.95(i)(4).

Nanda Narayanan Srinivasan,
Associate Administrator, Research and Program Development.
[FR Doc. 2022-27354 Filed 12-15-22; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register Volume 87, Number 49 (Monday, March 14, 2022)]
[Notices]
[Pages 14323-14325]
[FR Doc No: 2022-05305]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2020-0083; Notice 1]

Cooper Tire & Rubber Company, Receipt of Petition for Decision of
Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Receipt of petition.

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SUMMARY: Cooper Tire & Rubber Company (Cooper Tire) has determined that
certain Cooper Discoverer AT3 tubeless radial light truck tires do not
fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No.
139, New Pneumatic Radial Tires for Light Vehicles. Cooper Tire filed a
noncompliance report dated July 6, 2020. Cooper subsequently petitioned
NHTSA on July 31, 2020, and supplemented its petition on May 28, 2021,
for a decision that the subject noncompliance is inconsequential as it
relates to motor vehicle safety. This notice announces receipt of
Cooper Tire's petition.

DATES: Send comments on or before April 13, 2022.

ADDRESSES: Interested persons are invited to submit written data,
views, and arguments on this petition. Comments must refer to the
docket and notice number cited in the title of this notice and
submitted by any of the following methods:
     Mail: Send comments by mail addressed to the U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC
20590.
     Hand Delivery: Deliver comments by hand to the U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC
20590. The Docket Section is open on weekdays from 10 a.m. to 5 p.m.
except for Federal holidays.
     Electronically: Submit comments electronically by logging
onto the Federal Docket Management System (FDMS) website at https://www.regulations.gov/. Follow the online instructions for submitting
comments.
     Comments may also be faxed to<PHONE_NUMBER>.
    Comments must be written in the English language, and be no greater
than 15 pages in length, although there is no limit to the length of
necessary attachments to the comments. If comments are submitted in
hard copy form, please ensure that two copies are provided. If you wish
to receive confirmation that comments you have submitted by mail were
received, please enclose a stamped, self-addressed postcard with the
comments. Note that all comments received will be posted without change
to https://www.regulations.gov, including any personal information
provided.
    All comments and supporting materials received before the close of
business on the closing date indicated above will be filed in the
docket and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the fullest extent possible.
    When the petition is granted or denied, notice of the decision will
also be published in the Federal Register pursuant to the authority
indicated at the end of this notice.
    All comments, background documentation, and supporting materials
submitted to the docket may be viewed by anyone at the address and
times given above. The documents may also be viewed on the internet at
https://www.regulations.gov by following the online instructions for
accessing the docket. The docket ID number for this petition is shown
in the heading of this notice.
    DOT's complete Privacy Act Statement is available for review in a
Federal Register notice published on April 11, 2000 (65 FR 19477-78).

SUPPLEMENTARY INFORMATION:

I. Overview

    Cooper Tire has determined that certain Cooper Discoverer AT3
tubeless radial light truck tires do not fully comply with the
requirements of paragraph S.5.5.1 of FMVSS No. 139, New Pneumatic
Radial Tires for Light Vehicles (49 CFR 571.139). Cooper Tire filed a
noncompliance report dated July 6, 2020, pursuant to 49 CFR part 573,
Defect and Noncompliance Responsibility and Reports. Cooper Tire
subsequently petitioned NHTSA on July 31, 2020, and supplemented its
petition on May 28, 2021, for an exemption from the notification and
remedy requirements of 49 U.S.C. chapter 301 on the basis that this
noncompliance is inconsequential as it relates to motor vehicle safety,
pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 556,
Exemption for Inconsequential Defect or Noncompliance.
    This notice of receipt of Cooper Tire's petition is published under
49 U.S.C. 30118 and 30120 and does not represent any Agency decision or
other exercise of judgment concerning the merits of the petition.

II. Tires Involved

    Approximately 271 Cooper Discoverer AT3 tubeless radial light truck
tires, size LT 245/75R16, manufactured between May 3, 2020, and May 31,
2020, are potentially involved.

III. Noncompliance

    Cooper Tire explains that the noncompliance is that the subject
tires were manufactured having additional characters representing the
press location inserted into the tire identification number (TIN) and
therefore, do not meet the requirements of paragraph S5.5.1 of FMVSS
No. 139. Specifically, the additional grouping of characters
representing the press location are insterted before the date code. The
subject tires were manufactured with ``UT 11 1M1 V02R 1820,'' when they
should have been manufactured with ``UT 11 1M1 1820,'' followed by
V02R.

IV. Rule Requirements

    Paragraph S5.5.1(b) of FMVSS No. 139 includes the requirements
relevant to this petition for tires having an intended outboard
sidewall. Each tire must be labeled with the tire identification number
required by 49 CFR part 574 on the intended outboard sidewall of the
tire. Either the tire identification number or a partial tire
identification number, containing all characters in the tire
identification number, except for the date code and, at the discretion
of the manufacturer, any optional code, must be labeled on the other
sidewall of the tire.

V. Summary of Cooper Tire's Petition

    The following views and arguments presented in this section, ``V.
Summary of Cooper Tire's Petition,'' are the views and arguments
provided by Cooper Tire. They have not been evaluated by the Agency and
do not reflect the views of the Agency. Cooper Tire described the
subject noncompliance and stated their belief that the noncompliance is
inconsequential as it relates to motor vehicle safety.
    In support of its petition, Cooper Tire submitted the following
reasoning:

    1. Cooper Tire says that while the 271 tires in the subject
population contain an additional grouping of letters/numbers before
the required date code on the intended outboard sidewall, these
tires are in all other respects properly labeled and meet all
performance requirements under the FMVSSs. The additional press
location grouping has no bearing on the performance or operation of
the tires and does not create a safety concern to either the
operator of the vehicle on which the tires are mounted, or the
safety of personnel in the tire repair, retread, and recycling
industry.
    2. Tires produced by manufacturers that continue to use two-
digit plant codes (available through 2025) can have TINs that vary
in length depending on the use of the optional brand name owner
code. The addition of the press location (V02R), while incorrectly
placed on the tire, will not cause confusion for the consumer or
dealer that is selecting and mounting the tire. Consumers/dealers
will continue to see the date code appear at the end of the series
of letters and numbers that begin with ``DOT.'' NHTSA's guidance
states that ``the last four digits of the TIN show the week and year
of manufacture.'' \1\ That guidance is still accurate here.
Consumers and dealers will be able to easily identify the date of
manufacture (week/year).
---------------------------------------------------------------------------

    \1\ See NHSTA's ``Safety in Numbers,'' June 2013, Volume 1,
Issue 3, available at https://www.nhtsa.gov/nhtsa/Safety1nNum3ers/june2013/9719_images/9719_S1N_Tires_Nwsltr_June13_062713_v4_tag.pdf.
---------------------------------------------------------------------------

    3. Tire registration and traceability will not be interrupted.
Cooper Tire's internally controlled online registration system has
been modified to be able to accept the TINs with the additional
press location grouping. Any tires registered with that TIN will be
identified and recorded properly. This will ensure that Cooper Tire
is able to identify these tires in the event they must be recalled.
    4. Cooper states that NHTSA has granted a number of previous
inconsequentiality petitions relating to out-of-order or mislabeled
TINs, provided that the mislabeling does not affect the
manufacturer's ability to identify the tires. ``The purpose of the
date code is to identify a tire so that, if necessary, the
appropriate action can be taken in the interest of public safety-
such as, a safety recall notice.'' \2\ Accordingly, Cooper states
that NHTSA has explained in multiple instances that ``[t]he Agency
believes that the true measure of inconsequentiality to motor
vehicle safety in this case is the effect of the noncompliance on
the ability of the tire manufacturer to identify the tires in the
event of recall.'' \3\
---------------------------------------------------------------------------

    \2\ See Bridgestone/Firestone, Inc.; Grant of Application for
Decision of Inconsequential Noncompliance, 64 FR 29080 (May 28,
1999); see also Cooper Tire & Rubber Company, Grant of Application
for Decision of Inconsequential Noncompliance, 68 FR 16115 (April 2,
2003) (same).
    \3\ See Bridgestone/Firestone, Inc., Grant of Application, 66 FR
45076 (Aug. 27, 2001).
---------------------------------------------------------------------------

    5. As a result, Cooper states that NHTSA has granted petitions
and found that TIN noncompliance is inconsequential to safety in
cases where the TIN is out of sequence or mislabeled. Cooper cited
the following examples:
    a. Bridgestone Firestone North America Tire, LLC, Grant of
Petition, 71 FR 4396, January 26, 2006, (granting petition where
date code was missing because manufacturer could still identify and
recall the tires).
    b. Cooper Tire & Rubber Company, Grant of Application, 68 FR
16115, April 2, 2003, (granting petition where tires were labeled
with wrong plant code, because ``'the tires have a unique DOT
identification'').
    c. Bridgestone/Firestone, Inc., Grant of Application for
Decision That Noncompliance Is Inconsequential to Motor Vehicle
Safety, 66 FR 45076, August 27, 2001, (granting petition where the
date code was labeled incorrectly, because ``the information
included on the tire identification label and the manufacturer's
tire production records is sufficient to ensure that these tires can
be identified in the event of a recall'').
    d. Bridgestone/Firestone, Inc.; Grant of Application for
Decision of Inconsequntial Noncompliance, 64 FR 29080, May 28, 1999,
(granting petition where the wrong year was marked in date code on
the tires).
    e. Cooper Tire & Rubber Company; Grant of Application for
Decision of Inconsequential Noncompliance, 63 FR 29059, May 27,
1998, (granting petition where date code was missing where tires had
a unique TIN for recall purposes).
    f. Bridgestone/Firestone, Inc.; Grant of Application for
Decision of Inconsequential Noncompliance, 60 FR 57617, Nov. 16,
1995, (granting petition where date code was out of sequence).
    g. Uniroyal Goodrich Tire Company; Grant of Petition for
Determination of Inconsequential Noncompliance, 59 FR 64232,
December 13, 1994, (granting petition where week and year were
mislabeled on tires).
    6. Cooper will be able identify the tires that are the subject
of this petition in the event of recall. As described above, these
tires will have a unique DOT identifier that will allow for Cooper
to identify and recall them in the event that any issues arise in
the future.
    7. Cooper Tire states that it has taken steps over the last few
years to add additional checks in its processes to prevent TIN
errors. Cooper tire is undertaking additional process

reviews at this time including measures such as color coding
portions of the mold, makding software changes to remove manual data
entry, and adding additional visual quality checks of the molds when
information is changed. Cooper Tire is also reviewing its inspection
processes to ensure that any errors are identified earlier and/or
prevented before they occur.

    Cooper Tire concluded by expressing the belief that the subject
noncompliances are inconsequential as they relate to motor vehicle
safety, and that its petition to be exempted from providing
notification of the noncompliance, as required by 49 U.S.C. 30118, and
a remedy for the noncompliance, as required by 49 U.S.C. 30120, should
be granted.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to file petitions for a
determination of inconsequentiality allow NHTSA to exempt manufacturers
only from the duties found in sections 30118 and 30120, respectively,
to notify owners, purchasers, and dealers of a defect or noncompliance
and to remedy the defect or noncompliance. Therefore, any decision on
this petition only applies to the subject tires that Cooper Tire no
longer controlled at the time it determined that the noncompliance
existed. However, any decision on this petition does not relieve
vehicle distributors and dealers of the prohibitions on the sale, offer
for sale, or introduction or delivery for introduction into interstate
commerce of the noncompliant buses under their control after Cooper
Tire notified them that the subject noncompliance existed.

(Authority: 49 U.S.C. 30118, 30120: delegations of authority at 49
CFR 1.95 and 501.8)

Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2022-05305 Filed 3-11-22; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register Volume 76, Number 58 (Friday, March 25, 2011)]
[Notices]
[Page 16767]
[FR Doc No: 2011-7041]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2829-004]

City of Loveland, CO; Notice of Intent To File License
Application, Filing of Pre-Application Document, and Approving Use of
the Traditional Licensing Process

    a. Type of Filing: Notice of Intent To File License Application and
Request To Use the Traditional Licensing Process.
    b. Project No.: 2829-004.
    c. Dated Filed: February 11, 2011.
    d. Submitted by: City of Loveland, Colorado (Loveland)
    e. Name of Project: Loveland Hydroelectric Project.
    f. Location: The existing 900-kilowatt project is located in
Larimer County, Colorado on the Big Thompson River. The project
occupies lands of the U.S. Forest Service.
    g. Filed Pursuant to: 18 CFR 5.3 of the Commission's regulations.
    h. Potential Applicant Contact: Larry Howard, Loveland Water &
Power, 200 E. Wilson Avenue, Loveland, CO 80537;<PHONE_NUMBER>.
    i. FERC Contact: Jim Fargo at<PHONE_NUMBER>; or e-mail at
<EMAIL_ADDRESS>    j. Loveland filed its request to use the Traditional Licensing
Process on February 11, 2011. Loveland notified the public of its
request on February 7, 2011. In a letter dated March 17, 2011, the
Director of the Office of Energy Projects approved Loveland's request
to use the Traditional Licensing Process.
    k. With this notice, we are initiating informal consultation with:
(a) The U.S. Fish and Wildlife Service under section 7 of the
Endangered Species Act and the joint agency regulations thereunder at
50 CFR, Part 402; and (b) the Colorado State Historic Preservation
Officer, as required by Section 106, National Historical Preservation
Act, and the implementing regulations of the Advisory Council on
Historic Preservation at 36 CFR 800.2.
    l. With this notice, we are designating Loveland as the
Commission's non-Federal representative for carrying out informal
consultation, pursuant to section 7 of the Endangered Species Act,
section 305 of the Magnuson-Stevens Fishery Conservation and Management
Act, and section 106 of the National Historic Preservation Act.
    m. Loveland filed a Pre-Application Document (PAD; (including a
proposed process plan and schedule) with the Commission, pursuant to 18
CFR 5.6 of the Commission's regulations.
    n. A copy of the PAD is available for review at the Commission in
the Public Reference Room or may be viewed on the Commission's Web site
(http://www.ferc.gov), using the ``eLibrary'' link. Enter the docket
number, excluding the last three digits in the docket number field to
access the document (P-2829). For assistance, contact FERC Online
Support at<EMAIL_ADDRESS>or toll free at 1-866-208-3676,
of for TTY,<PHONE_NUMBER>. A copy is also available for inspection and
reproduction at the address in paragraph h.
    o. The licensee states its unequivocal intent to submit an
application for a new license for Project No. 2829. Pursuant to 18 CFR
16.8, 16.9, and 16.10 each application for a new license and any
competing license applications must be filed with the Commission at
least 24 months prior to the expiration of the existing license. All
applications for license for this project must be filed by March 8,
2014.
    p. Register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via e-mail of new filing and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.

    Dated: March 18, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-7041 Filed 3-24-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: May 31, 2007 (Volume 72, Number 104)]
[Notices]
[Page 30363-30364]
[DOCID:fr31my07-54]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP07-454-000]

Northern Natural Gas Company; Notice of Tariff Filing

May 23, 2007.
    Take notice that on May 18, 2007, Northern Natural Gas Company
(Northern), tendered for filing as part of its FERC Gas Tariff, Fifth
Revised Volume No. 1, First Revised Sheet No. 54B, to be effective June
18, 2007.
    Northern states that the above sheet is being filed to exempt
deliveries to Market Area physical receipt points from fuel use
charges.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
Section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.

    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
 [FR Doc. E7-10425 Filed 5-30-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 248 (Friday, December 28, 2018)]
[Rules and Regulations]
[Pages 67055-67056]
[FR Doc No: 2018-28087]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2018-0626; Airspace Docket No. 18-ASO-9]
RIN 2120-AA66

Establishment of Class E Airspace; Engelhard, NC

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes Class E airspace extending upward from
700 feet above the surface at Hyde County Airport, Engelhard, NC, to
accommodate new area navigation (RNAV) global positioning system (GPS)
standard instrument approach procedures serving this airport.
Controlled airspace is necessary for the safety and management of
instrument flight rules (IFR) operations at this airport.

DATES: Effective 0901 UTC, February 28, 2019. The Director of the
Federal Register approves this incorporation by reference action under
Title 1 Code of Federal Regulations part 51, subject to the annual
revision of FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11C, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed on line at http://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11C at NARA, call<PHONE_NUMBER>, or go
to https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, 1701
Columbia Ave., College Park, GA 30337; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it establishes Class E airspace at Hyde County Airport, Engelhard,
NC, to support standard instrument approach procedures for IFR
operations at this airport.

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (83 FR 51903, October 15, 2018) for Docket No. FAA-2018-0626
to establish Class E airspace extending upward from 700 feet above the
surface at Hyde County Airport, Engelhard, NC. Interested parties were
invited to participate in this rulemaking effort by submitting written
comments on the proposal to the FAA. No comments were received.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.11C dated August 13, 2018, and effective September 15,
2018, which is incorporated by reference in 14 CFR part 71.1. The Class
E airspace designations listed in this document will be published
subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11C, Airspace Designations and
Reporting Points, dated August 13, 2018, and effective September 15,
2018. FAA Order 7400.11C is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11C lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This amendment to Title 14 Code of Federal Regulations (14 CFR)
part 71 establishes Class E airspace extending upward from 700 feet
above the surface within a 6.4-mile radius of Hyde County Airport,
Engelhard, NC, providing the controlled airspace required to support
the new RNAV (GPS) standard instrument approach procedures. These
changes are necessary for continued safety and management of IFR
operations at this airport.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
only affects air traffic procedures and air navigation, it is certified
that this rule, when promulgated, does not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11C,
Airspace Designations and Reporting Points, dated August 13, 2018,
effective September 15, 2018, is amended as follows:

Paragraph 6005. Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth

* * * * *

ASO NC E5 Engelhard, NC [New]

Hyde County Airport, NC
(Lat. 35[deg]33'43'' N, long. 75[deg]57'20'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.4-mile radius of Hyde County Airport.

    Issued in College Park, Georgia, on December 18, 2018.
Geoff Lelliott,
Acting Manager, Operations Support Group, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2018-28087 Filed 12-27-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 203 (Monday, October 23, 2017)]
[Notices]
[Pages 49055-49057]
[FR Doc No: 2017-22887]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81892; File No. SR-ICC-2017-013]

Self-Regulatory Organizations; ICE Clear Credit LLC; Notice of
Filing and Order Granting Accelerated Approval of Proposed Rule Change
Relating to Changes to the ICC Clearing Rules

October 17, 2017.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 \2\ notice is hereby given that on October
11, 2017, ICE Clear Credit LLC (``ICC'' or ``ICE Clear Credit'') filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change described in Items I, II, and III below, which
Items have been prepared primarily by ICC. The Commission is publishing
this notice and order to solicit comments on the proposed rule change
from interested persons and to approve the proposed rule changes on an
accelerated basis.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change

    The principal purpose of the proposed rule change is to implement
certain amendments to the ICC Clearing Rules (the ``Rules'') relating
to implementation of Venezuela sanctions.

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

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

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

(a) Purpose
    The purpose of the proposed changes is to modify certain provisions
of the Rules applicable to cleared CDS contracts (or components
thereof) for which the Bolivarian Republic of Venezuela is a reference
entity, in light of the sanctions (the ``Venezuela Sanctions'') imposed
by Executive Order 13808 of August 24, 2017

Imposing Additional Sanctions With Respect to the Situation in
Venezuela \3\ (the ``Executive Order'') and related implementing
actions by the U.S. Treasury Department Office of Foreign Asset Control
(``OFAC'').
---------------------------------------------------------------------------

    \3\ 82 FR 41155 (August 29, 2017).
---------------------------------------------------------------------------

    The amendments will incorporate in the terms and conditions for
such contracts the Additional Provisions for Certain Venezuelan
Entities: Excluded Obligations and Excluded Deliverable Obligations
published by the International Swaps and Derivatives Association, Inc.
(``ISDA'') on September 19, 2017 (the ``Venezuela Additional
Provisions''). Consistent with the approach expected to be taken
throughout the cleared and uncleared CDS market, ICE Clear Credit will
make the Venezuela Additional Provisions applicable to relevant CDS
contracts cleared by ICE Clear Credit beginning on the industry-wide
implementation date (currently expected to be on or around October 20,
2017 (the ``Additional Provisions Effective Date'')).
    Among other provisions, the Executive Order prohibits transactions
in or relating to certain bonds issued by the government of Venezuela,
except to the extent permitted by a license issued by OFAC
(``Restricted Debt''). The Venezuela Additional Provisions implement
this prohibition by excluding Venezuela government bonds that are
Restricted Debt from being ``Obligations'' or ``Deliverable
Obligations'' under the terms of a CDS contract. As such, credit events
with respect to such Restricted Debt could not be used to trigger
credit protection under a CDS contract, and such Restricted Debt could
not be used in settlement of a CDS contract. Pursuant to the terms of
the Venezuela Additional Provisions, these limitations would cease to
apply upon the lifting of sanctions under the Executive Order.
    ICE Clear Credit understands, through discussions with market
participants, that market participants generally are expected to adhere
to a protocol implementing the Venezuela Additional Provisions for
existing contracts in the uncleared CDS market, effective as of the
Additional Provisions Effective Date. In an effort to maintain
consistency across the CDS market, ICE Clear Credit plans to implement
the amendments discussed herein as of the same time.
    ICE Clear Credit is amending its Rules to incorporate the Venezuela
Additional Provisions into existing Contracts. ICE Clear Credit is
amending Rule 26C-316, which applies to CDX.EM Contracts, an index CDS
contract for which Venezuela may be an index component. New subsection
(e) provides that all open positions in CDX.EM Contracts that have a
component transaction in which Venezuela is a reference entity will be
amended, effective as of the Additional Provisions Effective Date, such
that the Venezuela Additional Provisions apply. For clarity, the
amendment also updates the transaction terms to reference the updated
September 2017 ISDA Credit Derivatives Physical Settlement Matrix that
takes into account the Venezuela Additional Provisions.
    Similarly, ICE Clear Credit is amending Rule 26D-616, which applies
to emerging market sovereign single-name CDS contracts. New subsection
(c) provides that a sovereign single-name CDS contract referencing
Venezuela will be amended, effective as of the Additional Provisions
Effective Date, such that the Venezuela Additional Provisions apply.
For clarity, the amendment also updates the transaction terms to
reference the updated September 2017 ISDA Credit Derivatives Physical
Settlement Matrix that takes into account the Venezuela Additional
Provisions.
(b) Statutory Basis
    ICE Clear Credit believes that the proposed amendments are
consistent with the requirements of Section 17A of the Act \4\ and the
regulations thereunder applicable to it, including the standards under
Rule 17Ad-22.\5\ Section 17A(b)(3)(F) of the Act \6\ requires, among
other things, that the rules of a clearing agency be designed to
promote the prompt and accurate clearance and settlement of securities
transactions and, to the extent applicable, derivative agreements,
contracts, and transactions, the safeguarding of securities and funds
in the custody or control of the clearing agency or for which it is
responsible, and the protection of investors and the public interest.
Consistent with this Section, the amendments revise the terms of
single-name and index CDS contracts referencing Venezuela in order to
implement the Venezuela Additional Provisions and comply with the
relevant restrictions in the Executive Order. In ICE Clear Credit's
view, the amendments will therefore facilitate its ability to continue
prompt and accurate clearing of such contracts, consistent with
applicable law and the public interest as set out in the Executive
Order.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78q-1.
    \5\ 17 CFR 240.17Ad-22.
    \6\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

    Moreover, the amendments are consistent with Rule 17Ad-22(d)(1),
\7\ which requires that each covered clearing agency 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 all
relevant jurisdictions. As discussed herein, the amendments are
designed to facilitate compliance by ICE Clear Credit and its clearing
participants with the Venezuela Sanctions imposed by the Executive
Order, by permitting clearing to continue in accordance with the
restrictions on Restricted Debt imposed by the Executive Order.
---------------------------------------------------------------------------

    \7\ 17 CFR 240.17Ad-22(d)(1).
---------------------------------------------------------------------------

(B) Clearing Agency's Statement on Burden on Competition

    ICE Clear Credit does not believe the proposed amendments would
have any impact, or impose any burden, on competition not necessary or
appropriate in furtherance of the purposes of the Act. The changes will
apply to all clearing participants and other market participants. The
changes are being proposed in order to comply with the Executive Order
and are being made in conjunction with an industry-wide effort to amend
relevant CDS contract terms. ICE Clear Credit does not believe the
amendments will impact competition among clearing members or other
market participants, affect the ability of market participants to
access clearing generally, or affect the cost of clearing. ICE Clear
Credit further believes that any impact on clearing results from the
restrictions imposed under the Executive Order, and is necessary and
appropriate to ensure compliance with those restrictions.

(C) Clearing Agency's Statement on Comments on the Proposed Rule Change

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

III. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change, security-based swap submission, or advance notice 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 protected]. Please include
File Number SR-ICC-2017-013 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ICC-2017-013. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change, security-
based swap submission, or advance notice that are filed with the
Commission, and all written communications relating to the proposed
rule change, security-based swap submission, or advance notice between
the Commission and any person, other than those that may be withheld
from the public in accordance with the provisions of 5 U.S.C. 552, will
be available for Web site viewing and printing in the Commission's
Public Reference Room, 100 F Street NE., Washington, DC 20549, on
official business days between the hours of 10:00 a.m. and 3:00 p.m.
Copies of such filings will also be available for inspection and
copying at the principal office of ICE Clear Credit and on ICE Clear
Credit's Web site at https://www.theice.com/clear-credit/regulation.
    All comments received will be posted without change; the Commission
does not edit personal identifying information from submissions. You
should submit only information that you wish to make available
publicly. All submissions should refer to File Number SR-ICC-2017-013
and should be submitted on or before November 13, 2017.

IV. Commission's Findings and Order Granting Accelerated Approval of
the Proposed Rule Change

    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.\8\ Section 17A(b)(3)(F) of the Act \9\ requires, among
other things, that the rules of a registered clearing agency be
designed to promote the prompt and accurate clearance and settlement of
securities transactions and, to the extent applicable, derivative
agreements, contracts, and transactions, to assure the safeguarding of
securities and funds which are in the custody or control of the
clearing agency or for which it is responsible, and, in general, to
protect investors and the public interest. Rule 17Ad-22(d)(1) \10\
requires a registered clearing agency that is not a covered clearing
agency to establish, implement, maintain, and enforce written policies
and procedures reasonably designed to provide for a well-founded,
transparent, and enforceable legal framework for each aspect of its
activities in all relevant jurisdictions.
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    \8\ 15 U.S.C. 78s(b)(2)(C).
    \9\ 15 U.S.C. 78q-1(b)(3)(F).
    \10\ 17 CFR 240.17Ad-22(d)(1).
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    The Commission finds that the proposed rule change is consistent
with Section 17A of the Act and the relevant rules thereunder.\11\ As
described above, the proposed rule change is designed to amend ICC's
Rules in order to take into account the Venezuela Sanctions by
incorporating the Venezuela Additional Provisions. As a result of the
proposed rule changes, credit events involving such bonds will not be
permitted to trigger credit protection in connection with a CDS
contract, nor may such bonds be used to settle a CDS contract.
Consequently, the proposed rule changes are in the public interest
because they ensure that ICC will be able to continue to promptly and
accurately clear single-name and index CDS contracts referencing the
Bolivarian Republic of Venezuela in a manner that comports with the
Venezuela Sanctions. Therefore, the Commission finds that the proposed
rule changes are consistent with the requirements of Section
17A(b)(3)(F) of the Act.
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    \11\ 15 U.S.C. 78q-1.
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    In addition, by amending its Rules to account for the Venezuela
Sanctions described above, the Commission believes ICC's Rules will
appropriately establish an enforceable legal framework with respect to
the clearance of single-name and index CDS contracts referencing the
Bolivarian Republic of Venezuela, and that such framework is
transparent as ICC's Clearing Members, as well as other industry
participants generally, are aware of such sanctions and restrictions on
the relevant contracts. Therefore, the Commission finds that the
proposed rule change is consistent with the requirements of Rule 17Ad-
22(d)(1).
    In its filing, ICC requested that the Commission grant accelerated
approval of the proposed rule change pursuant to Section 19(b)(2) of
the Act. Under Section 19(b)(2)(C)(iii) of the Act,\12\ the Commission
may grant accelerated approval of a proposed rule change if the
Commission finds good cause for doing so. ICC believes that accelerated
approval is warranted because the proposed rule change is designed to
ensure that ICC can continue to clear single-name and index CDS
referencing the Bolivarian Republic of Venezuela consistent with the
terms of the Venezuela Sanctions, thereby promoting the maintenance of
fair and orderly markets in such CDS contracts.
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    \12\ 15 U.S.C. 78s(b)(2)(C)(iii).
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    The Commission finds good cause, pursuant to Section
19(b)(2)(C)(iii) of the Act, for approving the proposed rule change on
an accelerated basis, prior to the 30th day after the date of
publication in the Federal Register because the proposed rule change is
intended to comply with the requirements set forth in an Executive
Order binding on ICC. Moreover, the proposed rule change must be in
place prior to the 30th day after the date of publication in the
Federal Register in order to meet the timing of the industry-wide
implementation of uniform terms to comply with the Executive Order.

V. Conclusion

    On the basis of the foregoing, the Commission finds that the
proposal is consistent with the Requirements of the Act and the
relevant rules thereunder.
    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\13\ that the proposed rule change (File No. SR-ICC-2017-013) be,
and hereby is, approved on an accelerated basis.\14\
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    \13\ 15 U.S.C. 78s(b)(2).
    \14\ 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.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-22887 Filed 10-20-17; 8:45 am]
 BILLING CODE 8011-01-P