68864 Federal Register / Vol. 67, No. 219 / Wednesday, November 13, 2002 / Notices and Policy ( 7201M), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001; telephone number: ( 202) 564   8450; fax number: ( 202) 564   8382; email address: lewis. paul@ epa. gov. SUPPLEMENTARY INFORMATION:

I. Does this Action Apply to Me? This action is directed to the public in general. This action may be of interest to persons who are or may be required to conduct testing of chemical substances under the Federal Food, Drug, and Cosmetic Act ( FFDCA), FIFRA, and FQPA. Since other entities may also be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the applicability of this action to a particular entity, consult the DFO listed under FOR FURTHER INFORMATION CONTACT.

II. How Can I Get Copies of this Document and Other Related Information? 1. Docket. EPA has established an official public docket for this action under docket identification ( ID) number OPP   2002   0265. The official public docket consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. Although a part of the official docket, the public docket does not include Confidential Business Information ( CBI) or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that is available for public viewing at the Public Information and Records Integrity Branch ( PIRIB), Rm. 119, Crystal Mall # 2, 1921 Jefferson Davis Hwy., Arlington, VA. This docket facility is open from 8: 30 a. m. to 4 p. m., Monday through Friday, excluding legal holidays. The docket telephone number is ( 703) 305   5805. 2. Electronic access. You may access this Federal Register document electronically through the EPA Internet under the `` Federal Register'' listings at http:// www. epa. gov/ fedrgstr. An electronic version of the public docket is available through EPA's electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at http:// www. epa. gov/ edocket to submit or view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Once in the system, select `` search,'' then key in the appropriate docket ID number. List of Subjects Environmental protection, Pesticides and pests.

Dated: November 5, 2002. Joseph J. Merenda, Jr., Director, Office of Science Coordination and Policy.

[ FR Doc. 02   28841 Filed 11   12   02; 8: 45 am]

BILLING CODE 6560   50   S ENVIRONMENTAL PROTECTION AGENCY [ OPP   2002   0279; FRL   7277   2]

Pesticide Products; Registration Applications AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice.

SUMMARY: This notice announces receipt of applications to register pesticide products containing new active ingredients not included in any previously registered products pursuant to the provisions of section 3( c)( 4) of the Federal Insecticide, Fungicide, and Rodenticide Act ( FIFRA), as amended. DATES: Written comments, identified by the docket ID number OPP   2002   0279, must be received on or before December 13, 2002. ADDRESSES: Comments may be submitted electronically, by mail, or through hand delivery/ courier. Follow the detailed instructions as provided in Unit I. of the SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Joanne I. Miller, Registration Division ( 7505C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001; telephone number: ( 703) 305   6224; e mail address: miller. joanne@ epa. gov.

SUPPLEMENTARY INFORMATION:

I. General Information A. Does this Action Apply to Me?

You may be potentially affected by this action if you are a pesticide manufacturer. Potentially affected entities may include, but are not limited to:   Crop production ( NAICS code 111)   Animal production ( NAICS code 112)   Food manufacturing ( NAICS code 311)   Pesticide manufacturing ( NAICS code 32532) This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System ( NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. To determine whether you or your business may be affected by this action, you should carefully examine the applicability provisions in unit II of this notice. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information? 1. Docket. EPA has established an official public docket for this action under docket identification ( ID) number OPP   2002   0279. The official public docket consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. Although a part of the official docket, the public docket does not include Confidential Business Information ( CBI) or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that is available for public viewing at the Public Information and Records Integrity Branch ( PIRIB), Rm. 119, Crystal Mall # 2, 1921 Jefferson Davis Hwy., Arlington, VA. This docket facility is open from 8: 30 a. m. to 4 p. m., Monday through Friday, excluding legal holidays. The docket telephone number is ( 703) 305   5805. 2. Electronic access. You may access this Federal Register document electronically through the EPA Internet under the `` Federal Register'' listings at http:// www. epa. gov/ fedrgstr. An electronic version of the public docket is available through EPA's electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at http:// www. epa. gov/ edocket to submit or view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Once in the system, select `` search,'' then key in the appropriate docket ID number. Certain types of information will not be placed in the EPA Dockets. Information claimed as CBI and other information whose disclosure is restricted by statute, which is not included in the official public docket, will not be available for public viewing VerDate 0ct< 31> 2002 15: 21 Nov 12, 2002 Jkt 200001 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 13NON1. SGM 13NON1 68865 Federal Register / Vol. 67, No. 219 / Wednesday, November 13, 2002 / Notices in EPA's electronic public docket. EPA's policy is that copyrighted material will not be placed in EPA's electronic public docket but will be available only in printed, paper form in the official public docket. To the extent feasible, publicly available docket materials will be made available in EPA's electronic public docket. When a document is selected from the index list in EPA Dockets, the system will identify whether the document is available for viewing in EPA's electronic public docket. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in Unit I. B. 1. EPA intends to work towards providing electronic access to all of the publicly available docket materials through EPA's electronic public docket. For public commenters, it is important to note that EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing in EPA's electronic public docket as EPA receives them and without change, unless the comment contains copyrighted material, CBI, or other information whose disclosure is restricted by statute. When EPA identifies a comment containing copyrighted material, EPA will provide a reference to that material in the version of the comment that is placed in EPA's electronic public docket. The entire printed comment, including the copyrighted material, will be available in the public docket. Public comments submitted on computer disks that are mailed or delivered to the docket will be transferred to EPA's electronic public docket. Public comments that are mailed or delivered to the Docket will be scanned and placed in EPA's electronic public docket. Where practical, physical objects will be photographed, and the photograph will be placed in EPA's electronic public docket along with a brief description written by the docket staff.

C. How and To Whom Do I Submit Comments? You may submit comments electronically, by mail, or through hand delivery/ courier. To ensure proper receipt by EPA, identify the appropriate docket ID number in the subject line on the first page of your comment. Please ensure that your comments are submitted within the specified comment period. Comments received after the close of the comment period will be marked `` late.'' EPA is not required to consider these late comments. If you wish to submit CBI or information that is otherwise protected by statute, please follow the instructions in Unit I. D. Do not use EPA Dockets or e mail to submit CBI or information protected by statute. 1. Electronically. If you submit an electronic comment as prescribed in this unit, EPA recommends that you include your name, mailing address, and an email address or other contact information in the body of your comment. Also include this contact information on the outside of any disk or CD ROM you submit, and in any cover letter accompanying the disk or CD ROM. This ensures that you can be identified as the submitter of the comment and allows EPA to contact you in case EPA cannot read your comment due to technical difficulties or needs further information on the substance of your comment. EPA's policy is that EPA will not edit your comment, and any identifying or contact information provided in the body of a comment will be included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. i. EPA Dockets. Your use of EPA's electronic public docket to submit comments to EPA electronically is EPA's preferred method for receiving comments. Go directly to EPA Dockets at http:// www. epa. gov/ edocket, and follow the online instructions for submitting comments. Once in the system, select `` search,'' and then key in docket ID number OPP   2002   0279 The system is an `` anonymous access'' system, which means EPA will not know your identity, e mail address, or other contact information unless you provide it in the body of your comment. ii. E mail. Comments may be sent by e mail to opp docket@ epa. gov, Attention: Docket ID Number OPP   2002   0279. In contrast to EPA's electronic public docket, EPA's e mail system is not an `` anonymous access'' system. If you send an e mail comment directly to the docket without going through EPA's electronic public docket, EPA's e mail system automatically captures your e mail address. E mail addresses that are automatically captured by EPA's e mail system are included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. iii. Disk or CD ROM. You may submit comments on a disk or CD ROM that you mail to the mailing address identified in Unit I. C. 2. These electronic submissions will be accepted in WordPerfect or ASCII file format. Avoid the use of special characters and any form of encryption. 2. By mail. Send your comments to: Public Information and Records Integrity Branch ( PIRIB), Office of Pesticide Programs ( OPP), Environmental Protection Agency ( 7502C), 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001, Attention: Docket ID Number OPP   2002   0279. 3. By hand delivery or courier. Deliver your comments to: Public Information and Records Integrity Branch ( PIRIB), Office of Pesticide Programs ( OPP), Environmental Protection Agency, Rm. 119, Crystal Mall # 2, 1921 Jefferson Davis Hwy., Arlington, VA., Attention: Docket ID Number OPP   2002   0279. Such deliveries are only accepted during the docket's normal hours of operation as identified in Unit I. B. 1.

D. How Should I Submit CBI To the Agency?

Do not submit information that you consider to be CBI electronically through EPA's electronic public docket or by e mail. You may claim information that you submit to EPA as CBI by marking any part or all of that information as CBI ( if you submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is CBI). Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. In addition to one complete version of the comment that includes any information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket and EPA's electronic public docket. If you submit the copy that does not contain CBI on disk or CD ROM, mark the outside of the disk or CD ROM clearly that it does not contain CBI. Information not marked as CBI will be included in the public docket and EPA's electronic public docket without prior notice. If you have any questions about CBI or the procedures for claiming CBI, please consult the person listed under FOR FURTHER INFORMATION CONTACT.

E. What Should I Consider as I Prepare My Comments for EPA?

You may find the following suggestions helpful for preparing your comments: 1. Explain your views as clearly as possible. 2. Describe any assumptions that you used.

VerDate 0ct< 31> 2002 15: 21 Nov 12, 2002 Jkt 200001 PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 13NON1. SGM 13NON1 68866 Federal Register / Vol. 67, No. 219 / Wednesday, November 13, 2002 / Notices 3. Provide copies of any technical information and/ or data you used that support your views. 4. If you estimate potential burden or costs, explain how you arrived at the estimate that you provide. 5. Provide specific examples to illustrate your concerns. 6. Offer alternative ways to improve the registration activity. 7. Make sure to submit your comments by the deadline in this notice. 8. To ensure proper receipt by EPA, be sure to identify the docket ID number assigned to this action in the subject line on the first page of your response. You may also provide the name, date, and Federal Register citation.

II. Registration Applications EPA received applications as follows to register pesticide products containing active ingredients not included in any previously registered products pursuant to the provision of section 3( c)( 4) of FIFRA. Notice of receipt of these applications does not imply a decision by the Agency on the applications.

Products Containing Active Ingredients not Included in any Previously Registered Products 1. File symbol: 71771   T. Applicant: Nichino America, Inc., 4550 New Linden Hill Road, Wilmington, DE 19808. Product name: ET 751 2.5% EC Herbicide. Product type: Herbicide. Active ingredient: Pyraflufen ethyl ( ethyl 2 chloro 5( 4 chloro 5 difluoromethoxy 1 methylpyrazol 3 yl) 4 fluorophenoxyacetate) at 2.5%. Proposed classification/ Use: None. For use on terrestrial non cropland to control broadleaf weeds. 2. File symbol: 71711   A. Applicant: Nichino America, Inc. Product name: ET 751 Technical. Product type: Herbicide. Active ingredient: Pyraflufenethyl at 97.9%. Proposed classification/ Use: None. For manufacturing use of end use products to be used to control certain broadleaf weeds on terrestrial non cropland. 3. File symbol: 59639   RNO. Applicant: Valent U. S. A. Corporation, 1333 North Carolina Blvd., Suite 600, P. O. Box 8025, Walnut Creek, CA 94596   8025. Product name: S 3153 Flufenpyr ethyl Technical. Product type: Herbicide. Active ingredient: Flufenpyr ethyl, ethyl [ 2 chloro 4 fluoro 5( 5 methyl 6 oxo 4 trifluoromethyl 1,6 dihydropyridazin 1 yl) phenoxy] acetate at 98.0%. Proposed classification/ Use: None. For formulation into herbicide products to control postemergence broadleaf weed species in field corn, forage; field corn, grain; field corn, stover; soybean, seed; sugarcane. 4. File symbol: 59639   RRN. Applicant: Valent U. S. A. Corporation. Product name: S 3153 WDG Herbicide. Product type: Herbicide. Active ingredient: Flufenpyr ethyl at 57.6%. Proposed classification/ Use: None. For manufacturing use of end use products to be used to control postemergence broadleaf weed species in field corn, soybeans and sugarcane. 5. File symbol: 59639   RRR. Applicant: Valent U. S. A. Corporation. Product name: S 3153 Atrazine WDG. Product type: Herbicide. Active ingredient: Flufenpyr ethyl 75.0%. Proposed classification/ Use: None. For manufacturing use of end use products to be used to control postemergence broadleaf weed species in field corn and sugarcane.

List of Subjects Environmental protection, Pesticides and pest.

Dated: October 27, 2002. Debra Edwards, Acting Director, Registration Division, Office of Pesticide Programs.

[ FR Doc. 02   28504 Filed 11   12   02; 8: 45am]

BILLING CODE 6560   50   S ENVIRONMENTAL PROTECTION AGENCY [ OPP   2002   0285; FRL   7278   1]

Draft Guidance on How to Comply with Data Citation Regulations; Notice of Availability AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice.

SUMMARY: This notice announces the availability of draft guidance on how to comply with the Agency's data citation requirements for registration of new pesticide products under the Federal Insecticide, Fungicide, and Rodenticide Act. When applicants do not fully comply with the data citation regulations, the result can be significant delays in the processing of registration applications, the potential for an increase in adversarial petitions being submitted to the Agency by data submitters, and increased expenditures of resources for all involved, the Agency, applicants, and data submitters. EPA believes that the guidance provided through the notice will assist applicants comply with the data citation requirements and ultimately result in fewer delays in the registration process. DATES: Comments, identified by docket ID number OPP   2002   0285, must be received on or before December 13, 2002.

ADDRESSES: Comments may be submitted electronically, by mail, or through hand delivery/ courier. Follow the detailed instructions as provided in Unit I. of the SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Peter Caulkins, Registration Division ( 7505C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001; telephone number: ( 703) 305   5447; fax number: ( 703) 305   6920; e mail address: caulkins. peter@ epa. gov.

SUPPLEMENTARY INFORMATION:

I. General Information A. Does this Action Apply to Me?

You may be potentially affected by this action if you submit applications for registration of pesticides pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act ( FIFRA), or if you submit data to the Agency in support of registration or reregistration under FIFRA. Potentially affected entities may include, but are not limited to: Pesticide Manufacturing ( NAICS 32532) This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System ( NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information?

1. Docket. EPA has established an official public docket for this action under docket identification ( ID) number OPP   2002   0285. The official public docket consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. Although, a part of the official docket, the public docket does not include Confidential Business Information ( CBI) or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that VerDate 0ct< 31> 2002 15: 21 Nov 12, 2002 Jkt 200001 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 13NON1. SGM 13NON1


[Federal Register Volume 84, Number 165 (Monday, August 26, 2019)]
[Rules and Regulations]
[Pages 44545-44547]
[FR Doc No: 2019-18135]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2019-0056; FRL-9996-19-Region 9]

Approval of California Air Plan Revisions; Imperial County Air
Pollution Control District; Stationary Source Permits

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a revision to the Imperial County Air Pollution
Control District (ICAPCD or District) portion of the California State
Implementation Plan (SIP). This revision concerns the District's New
Source Review (NSR) permitting program for new and modified sources of
air pollution. We are approving a local rule under the Clean Air Act
(CAA or the Act).

DATES: This rule will be effective on September 25, 2019.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2019-0056. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available through https://www.regulations.gov, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional availability information.

FOR FURTHER INFORMATION CONTACT: T. Khoi Nguyen, EPA Region IX, (415)
947-4120<EMAIL_ADDRESS>75 Hawthorne Street (AIR-3-1), San
Francisco, California 94105.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Proposed Action

    On March 22, 2019, the EPA proposed an approval of Rule 207--New
and Modified Stationary Source Review, as noted in Table 1, submitted
by the California Air Resources Board (CARB) for incorporation into the
ICAPCD portion of the California SIP. 84 FR 10753. Table 1 also lists
the dates the rule was adopted by the ICAPCD and submitted by CARB,
which is the governor's designee for California SIP submittals. On
February 22, 2019, the EPA determined that the submittal for ICAPCD
Rule 207 met the completeness criteria in 40 CFR part 51, appendix V,
which must be met before formal EPA review.

                                             Table 1--Submitted Rule
----------------------------------------------------------------------------------------------------------------
         Local agency             Rule #                 Rule title                   Amended        Submitted
----------------------------------------------------------------------------------------------------------------
ICAPCD........................        207  New and Modified Stationary Source            9/11/18         10/5/18
                                            Review \1\.
----------------------------------------------------------------------------------------------------------------

    We proposed to approve this rule because we determined that it
complies with the relevant CAA requirements. The rule was amended by
the District to correct a deficiency identified by the EPA on September
5, 2017 in a previous version of the rule amended October 22, 2013. 82
FR 41895. The deficiency identified by the EPA in our September 5, 2017
action was that Rule 207 did not regulate ammonia as a PM2.5
precursor. We are now approving Rule 207 as amended by the District on
September 11, 2018 because it satisfies all of the statutory and
regulatory requirements for a nonattainment NSR permit program as set
forth in the applicable provisions of part D of title I of the Act
(sections 172, 173 and 182(a)) and in 40 CFR 51.165 and 40 CFR 51.307
and now satisfies the requirements in 40 CFR 51.165(a)(13) for the
regulation of PM2.5 precursors as it pertains to ammonia.
Our proposed action contains more information on the rule and our
evaluation.
---------------------------------------------------------------------------

    \1\ Except subsections C.1.c, C.2.a, C.2.b, D.1.g, and D.3.b,
which were not submitted to the EPA by the state for consideration
for inclusion in the SIP.
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II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period.
During this period, we received two comments. However, the comments
were either not adverse or irrelevant to the proposed action. The
comments have been added to the docket for this action and are
accessible at https://www.regulations.gov.

III. EPA Action

    No comments were submitted that change our assessment of the rule
as described in our proposed action. Therefore, as authorized in
section 110(k)(3) of the Act, the EPA is fully approving this rule into
the California SIP.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the
ICAPCD rules described in the amendments to 40 CFR part 52 set forth
below. The EPA has made, and will continue to make, these documents
available through https://www.regulations.gov and at the EPA Region IX
Office (please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section of this preamble for more information).

V. Statutory and Executive Order Reviews

    Under the CAA, the EPA Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the Act. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 3,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because

application of those requirements would be inconsistent with the Clean
Air Act; and
     Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by October 25, 2019. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements. (See CAA section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: June 24, 2019.
Deborah Jordan,
Acting Regional Administrator, Region IX.

    Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart F--California

0
2. Section 52.220 is amended by adding paragraphs (c)(490)(i)(A)(2) and
(c)(522) to read as follows:

Sec.  52.220   Identification of plan-in part.

* * * * *
    (c) * * *
    (490) * * *
    (i) * * *
    (A) * * *
    (2) Previously approved on September 5, 2017 in paragraph
(c)(490)(i)(A)(1) of this section and now deleted with replacement in
paragraph (c)(522)(i)(A)(1) of this section, Rule 207 revised on April
24, 2014.
* * * * *
    (522) The following amended regulations were submitted on October
5, 2018 by the Governor's designee.
    (i) Incorporation by reference. (A) Imperial County Air Pollution
Control District.
    (1) Rule 207, ``New and Modified Stationary Source Review,'' except
subsections C.1.c, C.2.a, C.2.b, D.1.g, and D.3.b, revised on September
11, 2018.
    (2) [Reserved]
    (B) [Reserved]
    (ii) [Reserved]

[FR Doc. 2019-18135 Filed 8-23-19; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 94 (Tuesday, May 18, 2021)]
[Notices]
[Pages 26999-27003]
[FR Doc No: 2021-10392]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-91881; File No. SR-NSCC-2021-006]

Self-Regulatory Organizations; National Securities Clearing
Corporation; Notice of Filing and Immediate Effectiveness of a Proposed
Rule Change To Make Clarifications, Corrections and Certain Other
Changes to the NSCC Rules & Procedures

May 12, 2021.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on May 7, 2021, National Securities Clearing Corporation (``NSCC'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I, II and III below, which
Items have been prepared by the clearing agency. NSCC filed the
proposed rule change pursuant to Section 19(b)(3)(A) of the Act \3\ and
Rule 19b-4(f)(4) thereunder.\4\ The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(4).
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I. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change

    The proposed rule change consists of modifications to the NSCC
Rules & Procedures (``Rules'') in order to (i) correct or clarify the
use of certain defined terms in the Rules, (ii) make certain
clarifications in the Rules, (iii) make certain technical changes to
the Rules, (iv) add a disclaimer regarding trademarks and servicemarks
in the Rules and (v) change certain notice provisions relating to rule
changes, each as described in more detail below.\5\
---------------------------------------------------------------------------

    \5\ Terms not defined herein are defined in the Rules, available
at http://dtcc.com/~/media/Files/Downloads/legal/rules/
nscc_rules.pdf.
---------------------------------------------------------------------------

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

    In its filing with the Commission, the clearing agency 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. The clearing agency has prepared summaries,
set forth in sections A, B, and C below, of the most significant
aspects of such statements.

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

1. Purpose
    NSCC is proposing to (i) correct or clarify the use of certain
defined terms in the Rules, (ii) make certain clarifications in the
Rules, (iii) make certain technical changes to the Rules, (iv) add a
disclaimer regarding trademarks and servicemarks in the Rules and (v)
change certain notice provisions relating to rule changes, each as
described in more detail below.
(i) Proposal To Correct the Use of Certain Defined Terms in the Rules
    Certain capitalized terms are used but not defined, certain terms
are defined but the defined terms are not used consistently and certain
defined terms are duplicative in the Rules. NSCC is proposing to
correct and clarify the use of certain defined terms in the Rules as
follows:

 Move the defined term ``Affiliate'' from Rule 4A to Rule 1 as
the term is used in a number of places in the Rules and remove ``, as
defined in Rule 4A'' after the use of the term Affiliate in Section 7
of Rule 7 and Section A of Procedure II
 clarify the definitions of ``Board'' and ``Board of
Directors'' in Rule 1 to ensure that it is clear that both terms are
defined and have the same meaning
 capitalize ``business day'' throughout the Rules to reflect
that it is a defined term
 add a defined term ``Exchange Act'' in Rule 1 for the
Securities Exchange Act of 1934, as amended and replace ``Securities
Exchange Act of 1934, as amended'' and ``Securities Exchange Act of
1934'' and ``Act'' with the new defined term in a number of places in
the Rules
 capitalize ``affiliate'' in the definition of ``Family-Issued
Securities'' in Rule 1 to reflect that it is a defined term
 add a defined term ``GAAP'' in Rule 1 as the abbreviation is
currently used in a number of places in the Rules to describe generally
accepted accounting principles, consistently applied
 delete ``(or IMA Member)'' from the definition of ``Investment
Manager/Agent Member'' in Rule 1 and delete ``IMA'' as a defined term
in Section 2(j) of Rule 2 as they are duplicative of an existing
defined term ``Investment Manager/Agent Member'' that has the same
meaning; replace the use of ``IMA Members'' in a footnote in Rule 2A
with ``Investment Manager/Agent Members'' using the existing defined
term Investment Manager/Agent Member
 add a defined term ``NSCC'' in Rule 1 as the term is currently
used in a number of places in the Rules to describe NSCC
 add a defined term ``SEC'' in Rule 1 for the Securities
Exchange Commission and replace ``Securities Exchange Commission,''
``U.S. Securities and Exchange Commission'' and ``Commission'' with the
defined term in a number of places in the Rules
 change reference of ``Non-U.S.'' to ``non-U.S.'' in a footnote
in Rule 2A to reflect that Non-U.S. is not a defined term
 use the existing defined term ``NSCC website'' rather than
other descriptions of the NSCC website such as the ``Corporation's
website'' and ``website'' in Section 2 of Rule 2B and ``website'' and
``NSCC's website'' in Section 7 of Rule 45; remove a duplicative
definition of NSCC website in Section 7 of Rule 45
 capitalize ``corporation'' in Section 4 of Rule 7 to reflect
the existing defined term
 use the existing defined term ``CFTC'' in place of ``Commodity
Futures Trading Commission'' in Section 6 of Rule 7 and in place of
``Commodities Futures Trading Commission'' in, Section (b) of Rule 49
 change ``Guidelines'' to ``guidelines'' in Section 2(b)(vii)
of Rule 15 to reflect that Guidelines is not a defined term
 change references to ``Time of Insolvency'' to ``time of
insolvency'' in Section 4 of Rule 45 to reflect that the term is not
defined in the Rules
 capitalize ``rules'' in Section 7 of Rule 45 and in Section
C(3) of Rule 52 to reflect the existing defined term
 change ``Fund/Serv Eligible Fund'' to ``Fund/SERV Eligible
Fund'' in Section 12 of Rule 50 to reflect the correct capitalization
of the defined term

 replace ``the Fund/SERV Service'' with ``Fund/SERV'' in a
footnote in Section A.2 of Rule 52 and Section A.10 of Rule 52 to
reflect that the defined term Fund/SERV is referring to the Fund/SERV
service
 remove references of ``NSCC'' and ``NSCC full service'' before
``Members'' and ``Member'' in Section 1 of Rule 54 and Section A of
Procedure XVII as they are unnecessary
 capitalize ``balance'' in the phrase ``Net Debit balance'' and
capitalize ``net credit balance'' and ``net debit balance'' in Section
2 of Rule 55 to reflect the existing defined terms
 capitalize the words ``registered clearing agencies'' in a
number of places in Section VII of Addendum A to reflect the existing
defined term
 replace ``Investment Company'' with ``investment company'' in
Section 1.A(v) of Addendum B to reflect that it is not a defined term
 replace ``Principal Underwriter'' with ``principal
underwriter'' in Section 3.A(i) of Addendum B to reflect that it is not
a defined term
 replace ``Investment Company'' with ``investment company'' in
Section 3.A(ii) of Addendum B to reflect that it is not a defined term
 replace ``Investment Adviser'' with ``investment adviser'' in
Section 3.A(iii) of Addendum B to reflect that it is not a defined term
 replace ``Services'' with ``services'' in Section 3.A(vi) of
Addendum B to reflect that it is not a defined term
 replace ``Investment Company'' with ``investment company'' in
Section 5.A(v) of Addendum B to reflect that it is not a defined term
 replace ``Principal Underwriter'' with ``principal
underwriter'' in Section 6.A(vi) of Addendum B to reflect that it is
not a defined term
 replace ``Investment Adviser'' with ``investment adviser'' in
Section 6.A(vii) of Addendum B to reflect that it is not a defined term
 capitalize the word ``system'' in the reference to ``Federal
Reserve system'' in Section 10.A.(iii) of Addendum B to be consistent
with the use of the reference to Federal Reserve System in other
sections of the Rules
 add ``of 1940, as amended'' after Investment Company Act in
Section 10.A(vi) of Addendum B to reflect that it is not a defined term
 replace ``registered clearing agencies'' and ``SEC registered
clearing agencies'' with ``Registered Clearing Agencies'' in Addendum L
to reflect that it is a defined term
 add a definition of ``AML'' in Addendum O to clarify that AML
refers to Anti-Money Laundering
(ii) Proposal To Make Certain Clarifications in the Rules
    NSCC is proposing to make the following changes in the Rules to
better clarify the meaning of certain provisions and the usage of
certain defined terms:

 Change ``acting on delegated authority'' to ``acting under
delegated authority'' in the definition of ``Board'' and ``Board of
Directors'' in Rule 1 to reflect the more common phraseology
 clarify that the NSCC website may include DTCC's website in
the definition of ``NSCC website'' in Rule 1
 remove ``decline or'' or ``declined or'' in each instance
where the phrase ``decline or cease to act'' or ``declined or ceased to
act'' is used in a number of places in the Rules to reflect that
declining to act is not different from ceasing to act in the context
used in the Rules
 add ``and set forth in these Rules & Procedures'' in the
definition of ``Procedures'' to clarify that the defined term
Procedures is referring to the Procedures set forth in the NSCC Rules &
Procedures
 make ``General Rules and Regulations'' lowercase in the
definition of ``Security'' in Rule 1 to reflect that it is not a
defined term and add ``promulgated'' to reflect that it is referring to
general rules and regulations promulgated under the Exchange Act
 replace ``Corporation'' with ``entity'' in two places in
Section 1(G)(v) of Rule 2A to reflect that the phrase is referring to
any entity that engages in clearance and settlement activities and not
to NSCC
 replace the phrase ``SEC Rule 17a-11'' with ``Rule 17a-11 of
the Exchange Act'' in Section 2.A(b) of Rule 2B to reflect that it is
referring to Rule 17a-11 promulgated under the Exchange Act
 replace a reference to the ``Securities and Exchange
Commission'' with ``Exchange Act'' in Section 1(a) of Rule 3 to clarify
that Rule 10b-17 is referring to Rule 10b-17 promulgated under the
Exchange Act
 add Mutual Fund/Insurance Services Members and AIP Members as
Limited Members that are required to file signatures in Section 2 of
Rule 5 in order to formalize that NSCC requires those Limited Members
to file signatures in the same manner as the other Members and Limited
Members listed in that section
 replace the heading ``Sec'' with ``SEC'' in Section 4 of Rule
9 to conform to usage of section references in other Rules
 remove the word ``for'' in Section 1(a) of Rule 11 as it is
unnecessary
 change the phrase ``information and otherwise'' to
``information or otherwise'' in Section 4 of Rule 15 to reflect that
the phrase is intended to mean that a participant could be subject to a
fine for failure to furnish information or for failure to otherwise
comply with the requirements of Rule 15
 capitalize ``important notice'' in Section 3 of Rule 18 to
conform to other usage of that term in the Rules
 replace ``Commission Rules 8c-1 and 15c2-1'' with ``Rules 8c-1
and 15c2-1 of the Exchange Act'' in Section 8(b) of Rule 18 to reflect
that it is referring to rules promulgated under the Exchange Act
 change the reference of the title ``Vice President'' to
``Executive Director'' in Rule 23 to reflect that NSCC changed the
title of Vice President to Executive Director \6\
---------------------------------------------------------------------------

    \6\ In 2018, the Securities and Exchange Commission
(``Commission'') approved NSCC's proposed rule change to amend
NSCC's By-Laws to, among other things, change the title of ``Vice
President'' to ``Executive Director.'' Securities Exchange Act
Release No. 82916 (March 20, 2018), 83 FR 12974 (March 26, 2018)
(SR-NSCC-2018-001).
---------------------------------------------------------------------------

 clarify in Rule 26 that fee descriptions and charges are set
forth in Addendum A by adding the following sentence: ``Please refer to
Addendum A (Fee Structure) for fee descriptions and charges.''
 clarify in Rule 35 that the financial statements provided by
NSCC are U.S. GAAP financial statements and that the audited financial
statements include the independent auditors' report on the financial
statements
 replace ``close'' with ``last day'' in two places in Rule 35
to clarify that the close of each fiscal quarter is meant to be the
last day of each fiscal quarter
 add ``or Procedure'' in Rule 36 to clarify that NSCC will
notify Members, Limited Members and Registered Clearing Agencies of
proposals to change, revise, add or repeal any Procedure as well as any
Rule
 clarify in Rule 36 that NSCC will notify Members, Limited
Members and Registered Clearing Agencies of any rule change proposals
to any Rule or Procedure by posting the proposal on the NSCC website
 replace ``five'' with ``5'' in Sections 1 and 3 of Rule 37 to
conform to other descriptions of the number of business days in Rule 37

 add ``decision'' after ``Panel's'' in Section 7 of Rule 37 to
clarify that in subsection (iii) an action or proposed action shall be
deemed final if a hearing has been held when the Corporation gives
notice to the Interested Person of the Panel's decision
 change a reference of ``Rules, Procedures'' in Rule 38 to
``Rules and Procedures'' to conform the phrase to other instances in
the Rules and add a comma after the phrase for grammatical effect
 remove the references to NSCC delivering notice to an
Interested Person's box maintained on NSCC's premises in Section 1 of
Rule 45 because NSCC does not maintain boxes for Members, Limited
Members or applicants
 add a heading title ``E. MF Info Xchange'' and place the MF
Info Xchange description under the heading and remove the subsection
reference ``SEC 6.'' in Rule 52 in order to reflect that MF Info
Xchange is a separate service from Mutual Fund Profile Service \7\
---------------------------------------------------------------------------

    \7\ MF Info Xchange was added to the Rules in 2018 as an
enhancement of the Mutual Fund Profile Service. Securities Exchange
Act Release No. 84611 (November 16, 2018), 83 FR 59427 (November 23,
2018) (SR-NSCC-2018-010). Although it is still integrated with the
Mutual Fund Profile Service, NSCC would like to market MF Info
Xchange as a separate service and not just a function of the Mutual
Fund Profile Service.
---------------------------------------------------------------------------

 replace ``Securities and Commission Rule 15c3-3'' with ``Rule
15c3-3 of the Exchange Act'' in Section 9(b)(vi) of Rule 53 to reflect
that it is referring to a rule promulgated under the Exchange Act
 replace ``Securities and Commission Rule 17a-3'' with ``Rule
17a-3 of the Exchange Act'' in Section 9(c)(ii) of Rule 53 to reflect
that it is referring to a rule promulgated under the Exchange Act
 remove references to settlement of payments in Section 4 of
Rule 57 as NSCC stopped settlement with respect to Licensing and
Appointments in 2012 \8\
---------------------------------------------------------------------------

    \8\ NSCC removed the settlement function of Licensing and
Appointments in 2012 because it was not being used by Members or
Limited Members but the references were not removed from the Rules
at that time.
---------------------------------------------------------------------------

 replace ``SEC Rule 15c3-3'' with ``Rule 15c3-3 of the Exchange
Act'' in Section E(5) of Procedure VII to reflect that it is referring
to a rule promulgated under the Exchange Act
 replace ``SEC Rule 15c3-3(d)(1)'' with ``Rule 15c3-3(d)(1) of
the Exchange Act'' in Section E(5) of Procedure VII to reflect that it
is referring to a rule promulgated under the Exchange Act
 replace ``NSCC's Rule & Procedures'' with ``these Rules and
Procedures'' in Section D.2 of Procedure VIII to conform to usage
throughout the Rules
 remove ``NSCC's'' and ``NSCC'' before Settling Banks in
Section D.2 of Procedure VIII as the reference is unnecessary
 replace ``SEC Rule 15c3-1(a)(8)'' with ``Rule 15c3-1(a)(8) of
the Exchange Act'' in Section 1.B.1 of Addendum B to reflect that it is
referring to rules promulgated under the Exchange Act
 remove ``it is'' in Section 6.A(v) of Addendum B as it is
unnecessary
 remove ``it is'' in Section 6.A(xi) of Addendum B as it is
unnecessary
 add ``(as defined in Rule 53)'' in Section 10.A(xi) of
Addendum B to reflect that AIP Manufacturer is defined in Rule 53
 replace ``under Section 4 of this Rule'' with ``in Rule 53''
in Section 10.A(xi) of Addendum B to reflect that Eligible AIP Products
is defined in Rule 53
 replace ``SEC Rule 15c3-3'' with ``Rule 15c3-3 of the Exchange
Act'' in Section I of Addendum G to reflect that it is referring to a
rule promulgated under the Exchange Act
 add ``of the Exchange Act'' following Rule 19(b) in Addendum L
to reflect that it is a rule promulgated under the Exchange Act
 change references of ``Non-US'' to ``non-U.S.'' in Addendum O
to reflect that Non-US is not a defined term
 change reference of ``Standard Requirements'' to ``standard
requirements'' in Addendum O to reflect that the term is not defined in
the Rules
 change reference of ``US Entities'' to ``U.S. entities'' in
Addendum O to reflect the correct abbreviation for U.S. and to reflect
that entities is not defined in the Rules
 change a reference from ``the Corporation'' to ``NSCC'' in
Addendum O to be consistent with other references to NSCC in Addendum O
and to reflect the proposed defined term NSCC
(iii) Proposal To Make Certain Technical Changes in the Rules
    NSCC is proposing to make the following technical changes in the
Rules to better clarify the meaning of certain provisions and to be
consistent with other provisions in the Rules:

 Conform the use of dashes in Section 2 of Rule 2
 delete the parentheses in references to ``Rule 4(A)'' in Rule
4(A) to conform to titles of other Rules
 conform the use of the abbreviation ``SEC'' for ``Section'' or
to identify the sections in Rules 42, 44 and 60 and the use of letters
to identify subsections in Section 4 of Rule 60 to be consistent with
other Rules
 delete the parentheses in the titles of Rule 40, Rule 41 and
Rule 60 to conform to titles in other Rules
 add tabs to the paragraphs in Rule 54 to conform with
formatting in other Rules
 replace ``Section XII'' with ``Procedure XIII'' in Procedure I
to reflect that Procedure XIII contains the definitions referred to in
that paragraph
 remove a duplicative use of the word ``plus'' prior to
subsection I.(A)(1)(d) of Procedure XV
 replace the subsection reference (i) with (h) in I.(A)(1) of
Procedure XV
 replace the subsection reference (g) with (f) in I.(A)(2) of
Procedure XV
 replace ``Rule 2A, Section 4 (Ongoing Monitoring (Surveillance
Status))'' with ``Rule 2B, Section 4 (Ongoing Monitoring)'' in a
footnote in Addendum B as that section is referring to Rule 2B, Section
4
 delete the incorrect use of an apostrophe in Addendum J
 remove a reference to item ``seven'' in Addendum P as there is
no item seven in Addendum P
(iv) Proposal To Add a Disclaimer Regarding Trademarks and Servicemarks
in the Rules
    NSCC is proposing to add a disclaimer in a footnote to Rule 1
regarding trademarks and servicemarks that appear or may appear in the
future in the Rules. NSCC has adapted the disclaimer that appears in
the Terms of Use page on The Depository Trust & Clearing Corporation's
(``DTCC'') website for this purpose. The disclaimer would state that
(i) all products and services provided by NSCC referenced in the Rules
are either registered trademarks or servicemarks of, or trademarks or
servicemarks of, DTCC or its affiliates, and (ii) other names of
companies, products or services appearing in the Rules are the
trademarks or servicemarks of their respective owners.
    While certain terms that are registered trademarks are denoted with
a TM or a [supreg] in the Rules, NSCC believes that the addition of
this disclaimer provides additional protection to the marks of DTCC
and/or its affiliates as well as the marks of third parties.
(v) Proposal To Change Certain Notice Provisions Relating to Rule
Changes
    NSCC is proposing to delete a requirement in Rule 33 that Members
and Limited Members be given 10

business days' notice of any proposed amendment to the Procedures. NSCC
is also proposing to replace ``immediately'' with ``promptly'' in Rule
36 in order to provide that NSCC will promptly--but might not
immediately--notify Members and Limited Members of any proposed rule
changes. NSCC believes that the foregoing requirements are not
necessary or practical because, as explained below, Members and Limited
Members are already provided adequate notice of any changes or proposed
changes to NSCC's Rules or Procedures through the rule change process.
    As a clearing agency registered with the Commission, the Securities
Exchange Act of 1934 (the ``Act'') provides a clear framework under
which NSCC's Rules are adopted and enforced. Under the rule change
process, generally, before a proposed rule change may take effect, (i)
the change and an explanatory statement must be filed with the
Commission and posted by NSCC on the NSCC website, (ii) notice of the
filing and the substantive terms or description of the change must be
published by the Commission in the Federal Register for public review
and comment, and (iii) the Commission must approve the change (or the
change must otherwise be permitted to take effect). NSCC's Rules are
filed with and reviewed by the Commission. As a clearing agency
registered under Section 17A of the Act,\9\ a self-regulatory
organization subject to Section 19 of the Act,\10\ and a systemically
important financial market utility under Title VIII of Dodd-Frank Wall
Street Reform and Consumer Protection Act of 2010 (``Dodd-Frank''),\11\
NSCC is required to follow: (1) A specified process \12\ whenever it
proposes a new rule or a change or amendment to its Rules and (2) a
specified process \13\ whenever it proposes to make a change to its
rules, procedures or operations that could materially affect the nature
or level of risks presented by NSCC.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78q-1.
    \10\ 15 U.S.C. 78s.
    \11\ 12 U.S.C. 5465(e)(1).
    \12\ This process is set forth in Section 19(b) of the Act and
Rule 19b-4 thereunder. 15 U.S.C. 78s(b) and 17 CFR 240.19b-4.
    \13\ This process is set forth in Section 806(e) of Dodd-Frank
and Rule 19b-4 thereunder. 12 U.S.C. 5465(e) and 17 CFR 240.19b-4.
---------------------------------------------------------------------------

    These rule change processes provide notice to Members and Limited
Members and provide an opportunity for those parties to comment on such
changes. Rule 19b-4 under the Act requires that NSCC post any rule
change proposals on its website within two business days after the
filing of a proposed rule change,\14\ post any rule changes that are
approved by the Commission within two business days after it has been
notified of the Commission's approval \15\ and post any rule change
within two business days of the Commission's notice of such proposed
change for rule changes that are effective upon filing.\16\ NSCC
complies--and will continue to comply--with such notice requirements
which it believes are adequate.
---------------------------------------------------------------------------

    \14\ 17 CFR 240.19b-4(l).
    \15\ 17 CFR 240.19b-4(m)(2).
    \16\ Id.
---------------------------------------------------------------------------

2. Statutory Basis
    Section 17A(b)(3)(F) of the Act requires, in part, that the Rules
be designed to promote the prompt and accurate clearance and settlement
of securities transactions.\17\
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

    NSCC believes that the proposed changes to (i) correct or clarify
the use of certain defined terms in the Rules, (ii) make certain
clarifications in the Rules, (iii) make certain technical changes to
the Rules and (iv) add a disclaimer regarding trademarks and
servicemarks in the Rules are consistent with Section 17(A)(b)(3)(F) of
the Act \18\ because such changes would enhance the clarity and
transparency of the Rules. By enhancing the clarity and transparency of
the Rules, the proposed changes would allow Members and Limited Members
to more efficiently and effectively conduct their business in
accordance with the Rules, which NSCC believes would promote the prompt
and accurate clearance and settlement of securities transactions. As
such, NSCC believes that the proposed changes would be consistent with
Section 17A(b)(3)(F) of the Act.\19\
---------------------------------------------------------------------------

    \18\ Id.
    \19\ Id.
---------------------------------------------------------------------------

    NSCC believes that the proposed changes would enhance the
efficiency of NSCC's process for notifying its Members and Limited
Members about changes to its Rules and Procedures. As discussed above
in detail, NSCC believes that Members and Limited Members are already
provided adequate notice of any rule changes, including changes to its
Procedures, through the rule change process. As such, the requirements
for NSCC to immediately provide notice of any proposal it has made to
change any Rule and to provide ten Business Days' notice of any
proposed amendment to the Procedures are impractical and unnecessary
and therefore can negatively impact the efficiency of the process.
Specifically, because NSCC is already subject to--and complies with--
the timeframes required by the Act and Dodd Frank, NSCC believes that
self-imposed requirements to provide notice more quickly (in the case
of proposed rule changes) or farther in advance (in case of changes to
Procedures) than what is required by statute is unnecessary. In
addition, NSCC believes that the requirements are impractical because
(i)(x) the requirement to immediately give notice requires NSCC to
coordinate an almost simultaneous submission of a proposed rule filing
and notification to Members and Limited Members, and (y) Members and
Limited Members would not be prejudiced by the delta between
immediately and promptly; and (ii) the requirement to provide Members
and Limited Members notice of changes to Procedures ten Business Days
in advance, especially when such parties already receive adequate
notice of the changes, could cause delays in the rule filing process
and/or the implementation of an amended rule and procedure.
Accordingly, NSCC believes that, by removing unnecessary and
impractical timing requirements for notice, the proposed rule change is
designed to enhance the efficiency of NSCC's notice process and
implementation of the amended Rules and Procedures, thereby promoting
the prompt and accurate clearance and settlement of securities
transactions, as provided under such amended Rules and Procedures. As
such, NSCC believes that the proposed changes would be consistent with
Section 17A(b)(3)(F) of the Act.\20\
---------------------------------------------------------------------------

    \20\ Id.
---------------------------------------------------------------------------

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

    NSCC does not believe the proposed rule changes to (i) correct or
clarify the use of certain defined terms in the Rules, (ii) make
certain clarifications in the Rules, (iii) make certain technical
changes to the Rules, (iv) add a disclaimer regarding trademarks and
servicemarks in the Rules and (v) change certain notice provisions
relating to rule changes would impact competition. The proposed rule
changes described in (i)-(iv) above would merely enhance the clarity
and transparency of the Rules and would not affect NSCC's operations or
the rights and obligations of the membership. While the proposed
changes to the notice provisions described in (v) above would impact
the rights and obligations of the Members and Limited Members to
receive notices more quickly (in the case of proposed rule changes) or
farther in advance (in case of changes to Procedures) than

what is required by statute, the impact of the proposed changes on the
Members and Limited Members would be minimal. As discussed above, NSCC
believes that the proposed changes to the notice provisions are
removing unnecessary and impractical timing requirements for notices,
and Members and Limited Members would continue to receive adequate
notice under the rule change process and continue to be treated equally
with respect to such notices. As such, NSCC believes the proposed rule
changes would not have any impact on competition.

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

    NSCC has not received or solicited any written comments relating to
this proposal. NSCC will notify the Commission of any written comments
received by NSCC.

III. Date of Effectiveness of the Proposed Rule Change, and Timing for
Commission Action

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) \21\ of the Act and paragraph (f) \22\ of Rule 19b-4
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \21\ 15 U.S.C 78s(b)(3)(A).
    \22\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NSCC-2021-006 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NSCC-2021-006. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of NSCC and on DTCC's website
(https://dtcc.com/legal/sec-rule-filings.aspx). 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-NSCC-2021-006 and should be submitted on
or before June 8, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\23\
---------------------------------------------------------------------------

    \23\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-10392 Filed 5-17-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 180 (Tuesday, September 19, 2017)]
[Notices]
[Pages 43808-43809]
[FR Doc No: 2017-19907]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2017-0037]

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 29 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 July 7, 2017. The exemptions
expire on July 7, 2019.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>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 June 6, 2017, FMCSA published a notice announcing receipt of
applications from 29 individuals requesting an exemption from diabetes
requirement in 49 CFR 391.41(b)(3) and requested comments from the
public (82 FR 26226). The public comment period ended on July 6, 2017,
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.
    These 29 applicants have had ITDM over a range of 1 to 37 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).
    The qualifications, experience, and medical condition of each
applicant were stated and discussed in detail in the June 6, 2017,
Federal Register notice (82 FR 26226) and will not be repeated in this
notice.
    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 29 exemption applications, FMCSA
exempts the following drivers from the diabetes requirement in 49 CFR
391.41(b)(10), subject to the requirements cited above:

Tyler J. Bren (ND)
Charlie H. Brown, Jr. (GA)
Ajax A. Castro (FL)
Robert J. Conklin (PA)
Luke S. Davidson (CA)
Joseph R. DePra (IN)
Joseph P. Finan (RI)
Luis Garcia (NJ)
Eric E.T. Gheen (OH)
Aron A. Hanson (IL)
Tyler J. Hanson (ID)
Antonio K. Hoes (MD)
Ronald O. Knighten (WA)
Stephen P. Koons (PA)
Angel Luna (PA)
David Mills (NH)
Kenneth J. Moe (MN)
James L. Pearson (NY)
Walter R. Rentsch (SD)
Richard D. Revere (PA)
Redmond L. Riley (NC)
James H. Roth, Jr. (PA)
Stephen R. Shaffer (KS)
Matthew J. Thornton (OR)
Michael H. Trayah (VT)
William Wagstaff, 3rd (MD)
Craig A. Wildenberg (WI)
Ronald E. Wulf (MN)
Samuel K. Zeweldie (GA)

    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: September 13, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-19907 Filed 9-18-17; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 80, Number 49 (Friday, March 13, 2015)]
[Notices]
[Pages 13459-13460]
[FR Doc No: 2015-05752]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2015-0013]

Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations
(CFR), this document provides the public notice that by a document
dated January 26, 2015, the Illinois Railway Museum (IRM) has
petitioned the Federal Railroad Administration (FRA) for a waiver of
compliance from certain provisions of the Federal railroad safety
regulations. Specifically, IRM requests relief from certain provisions
of 49 CFR part 230, Steam Locomotive Inspection and Maintenance
Standards. FRA assigned the petition Docket Number FRA-2015-0013.
    IRM is a railroad museum that maintains and operates Number 1630, a
2-10-0 ``Decapod'' type steam locomotive built by Baldwin Locomotive
Works in 1918. IRM typically operates Number 1630 for 31 or fewer
service days per year and expects to do so for the future. IRM requests
relief from performing the fifth annual inspection as it pertains to
the inspection of flexible staybolt caps every 5 years as required by
49 CFR 230.41(a), and requests to extend the inspection interval to
2,760 calendar days (7.5 years) after the locomotive entered service on
May 24, 2014. IRM will perform all other inspections as required by 49
CFR 230.16, Annual inspection. IRM's justification for requesting this
relief is that the current level of safety would be maintained due to
the low number of service days accrued in this engine since the last
flexible staybolt cap inspection. There will be a significant cost
savings as the IRM shop forces would not be required to remove the cab,
piping, jacketing, and insulation to gain access to the caps to perform
the flexible staybolt cap inspection.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey
Avenue SE., W12-140, Washington, DC 20590. The Docket Operations
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except
Federal Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since

the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by April 27, 2015 will be considered by FRA
before final action is taken. Comments received after that date will be
considered as far as practicable.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the document,
if submitted on behalf of an association, business, labor union, etc.).
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its processes. DOT posts these comments,
without edit, including any personal information the commenter
provides, to www.regulations.gov, as described in the system of records
notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy.
See also http://www.regulations.gov/#!privacyNotice for the privacy
notice of regulations.gov.

    Issued in Washington, DC, on March 10, 2015.
Ron Hynes,
Director, Office of Technical Oversight.
[FR Doc. 2015-05752 Filed 3-12-15; 8:45 am]
BILLING CODE 4910-06-P