[Federal Register Volume 83, Number 150 (Friday, August 3, 2018)]
[Proposed Rules]
[Pages 38088-38091]
[FR Doc No: 2018-16574]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0704; Product Identifier 2018-NM-066-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
Airbus SAS Model A330-200 Freighter, -200 and -300 series airplanes;
and Airbus SAS Model A340-200, -300, -500, and -600 series airplanes.
This proposed AD was prompted by reports of depressurization of
hydraulic reservoirs caused by air leakage from the pressure relief
valve (PRV) of the hydraulic reservoir (HR) due to the extrusion of the
O-ring seal from certain HR PRVs. This proposed AD would require
identifying the part number of the HR, and replacing and re-identifying
affected HR PRVs. We are proposing this AD to address the unsafe
condition on these products.

DATES: We must receive comments on this proposed AD by September 17,
2018.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Airbus
SAS, Airworthiness Office--EAL, Rond Point Emile Dewoitine No: 2, 31700
Blagnac Cedex, France; telephone: +33 5 61 93 36 96; fax: +33 5 61 93
45 80; email: [email protected]; internet http://www.airbus.com. You may view this service information at the FAA,
Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call 206-
231-3195.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0704; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this NPRM, the regulatory evaluation, any comments received, and other
information. The street address for Docket Operations (phone: 800-647-
5527) is in the ADDRESSES section. Comments will be available in the AD
docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer,
International Section, Transport Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198; telephone and fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2018-0704;
Product Identifier 2018-NM-066-AD'' at the beginning of your comments.
We specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this NPRM. We will consider all
comments received by the closing date and may amend this NPRM because
of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this NPRM.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Airworthiness Directive 2018-0064, dated March 23, 2018 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for all Airbus SAS Model
A330-200 Freighter, -200 and -300 series airplanes; and Airbus SAS
Model A340-200, -300, -500, and -600 series airplanes. The MCAI states:

    Some events of depressurisation of hydraulic reservoirs have
been reported, due to air leakage from the HR PRV [hydraulic
reservoir pressure relief valve]. The results of the investigations
revealed that the air leakage was due to the extrusion of the O-ring
seal from the HR PRV. This may have

happened during HR maintenance, testing or during flight, if HR
over-filling was performed, as a result of which hydraulic fluid
could pass through the PRV, causing [the] PRV seal to migrate from
its nominal position, leading to loss of HR pressurisation.
    This condition, if not detected and corrected, could lead to the
loss of one or more hydraulic systems, possibly resulting in loss of
control of the aeroplane.
    To address this potential unsafe condition, Airbus issued the
AOT [Alert Operators Transmission (AOT) A29L005-16, dated January
28, 2016] to provide instructions to inspect the HR fluid level of
each hydraulic circuit and to provide instructions for certain
actions when servicing with hydraulic fluid is accomplished on an
HR. Consequently, EASA published AD 2016-0107 [related FAA AD 2017-
01-08, Amendment 39-18775 (82 FR 1593, January 6, 2017) (``2017-01-
08'')] to require accomplishment of these actions for aeroplanes in
service.
    Since that [EASA] AD was issued, it was determined that the
detected air leakage was due to the extrusion of the O-ring seal
from a specific batch of HR PRV. Airbus published the applicable
inspection SB [service bulletin] to inspect the HR of each hydraulic
circuit and to provide instructions to identify the affected parts,
and the Modification SB to provide instructions for replacement of
each affected part fitted on an affected HR.
    For the reasons described above, this [EASA] AD retains the
requirements of EASA AD 2016-0107, which is superseded, and requires
the [identification and] replacement [and re-identification] of the
affected parts.

    You may examine the MCAI in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0704.

Relationship Between Proposed AD and AD 2017-01-08

    This NPRM does not propose to supersede AD 2017-01-08. Rather, we
have determined that a stand-alone AD is more appropriate to address
the changes in the MCAI. This proposed AD would require identifying,
replacing, and re-identifying affected HR PRVs. Accomplishing the
proposed actions would then terminate all requirements of AD 2017-01-
08.

Related Service Information Under 1 CFR Part 51

    Airbus SAS has issued the following service information, which
describes procedures for identifying HR part numbers. These documents
are distinct since they apply to different airplane models.
     Service Bulletin A330-29-3134, dated August 16, 2017.
     Service Bulletin A340-29-4102, dated August 16, 2017.
    Airbus SAS has also issued the following service information, which
describes procedures for replacing and re-identifying affected PRVs and
HRs. These documents are distinct since they apply to different
airplane models.
     Service Bulletin A330-29-3131, dated August 11, 2017.
     Service Bulletin A330-29-3132, dated August 11, 2017.
     Service Bulletin A330-29-3133, dated August 11, 2017.
     Service Bulletin A340-29-4099, dated August 11. 2017.
     Service Bulletin A340-29-4100, dated August 11, 2017.
     Service Bulletin A340-29-4101, dated August 11, 2017.
     Service Bulletin A340-29-5026, dated August 11, 2017.
    Safran has issued Vendor Service Bulletins 42-29-005, Revision 01,
dated September 26, 2017, and 42-29-006, Revision 01, dated September
27, 2017. These documents are distinct since they apply to different
airplane models. This service information describes procedures for
replacing affected HR PRVs, and including the serial numbers of those
PRVs.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

FAA's Determination

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all the relevant information and determined the unsafe
condition described previously is likely to exist or develop on other
products of the same type design.

Proposed Requirements of This NPRM

    This proposed AD would require accomplishing the actions specified
in the service information described previously.

Costs of Compliance

    We estimate that this proposed AD affects 103 airplanes of U.S.
registry. We estimate the following costs to comply with this proposed
AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                           Labor cost                               Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Up to 6 work-hours x $85 per hour = Up to $510..................          $3,390    Up to $3,900  Up to $401,700
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Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator.
    Subtitle VII: Aviation Programs, describes in more detail the scope
of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
    This proposed AD is issued in accordance with authority delegated
by the Executive Director, Aircraft Certification Service, as
authorized by FAA Order 8000.51C. In accordance with that order,
issuance of ADs is normally a function of the Compliance and
Airworthiness Division, but during this transition period, the
Executive Director has delegated the authority to issue ADs applicable
to transport category airplanes to the Director of the System Oversight
Division.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national

Government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

Airbus SAS: Docket No. FAA-2018-0704; Product Identifier 2018-NM-
066-AD.

(a) Comments Due Date

    We must receive comments by September 17, 2018.

(b) Affected ADs

    This AD affects AD 2017-01-08, Amendment 39-18775 (82 FR 1593,
January 5, 2017) (``AD 2017-01-08'').

(c) Applicability

    This AD applies to the airplanes identified in paragraphs
(c)(1), (c)(2), (c)(3), (c)(4), (c)(5), and (c)(6) of this AD,
certificated in any category, all manufacturer serial numbers.
    (1) Airbus SAS Model A330-223F and -243F airplanes.
    (2) Airbus SAS Model A330-201, -202, -203, -223, and -243
airplanes.
    (3) Airbus SAS Model A330-301, -302, -303, -321, -322, -323, -
341, -342, and -343 airplanes.
    (4) Airbus SAS Model A340-211, -212, and -213 airplanes.
    (5) Airbus SAS Model A340-311, -312, and -313 airplanes.
    (6) Airbus SAS Model A340-541 and -642 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 29, Hydraulic
power.

(e) Reason

    This AD was prompted by reports of depressurization of hydraulic
reservoirs caused by air leakage from the pressure relief valve
(PRV) of the hydraulic reservoir (HR) due to the extrusion of the O-
ring seal from certain HR PRVs. We are issuing this AD to address
air leakage from the HR PRV, which could lead to the loss of one or
more hydraulic systems, with the possible loss of control of the
airplane.

(f) Compliance

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

(g) Definitions for This AD

    (1) Affected HRs are identified in table 1 to paragraphs (g),
(h), (i), and (j) of this AD.
    (2) Affected PRVs are installed on affected HRs and have part
number 42F0026 and a serial number identified in Safran Vendor
Service Bulletins 42-29-005, Revision 01, dated September 26, 2017;
and 42-29-006, Revision 01, dated September 27, 2017, as applicable.
    (3) A Group 1 airplane has an affected PRV installed.
    (4) A Group 2 airplane does not have any affected PRV installed.
A Model A330 airplane on which Airbus SAS modifications 206863,
206864, and 206965 have been embodied in production is a Group 2
airplane, provided the airplane remains in that configuration.
    (5) In table 1 to paragraphs (g), (h), (i), and (j) of this AD:
Green hydraulic circuit is (G), blue hydraulic circuit is (B), and
yellow hydraulic circuit is (Y).
[GRAPHIC] [TIFF OMITTED] TP03AU18.001

(h) Part Number Inspection

    At the applicable time specified in table 1 to paragraphs (g),
(h), (i), and (j) of this AD, identify the HR part number, in
accordance with Airbus Service Bulletin A330-29-3134, dated August
16, 2017; or Airbus Service Bulletin A340-29-4102, dated August 16,
2017; as applicable.

(i) Replacement

    For Group 1 airplanes: At the applicable time specified in table
1 to paragraphs (g), (h), (i), and (j) of this AD, replace each
affected PRV in accordance with the

applicable service information specified in paragraphs (i)(1)
through (i)(7) of this AD.
    (1) Airbus Service Bulletin A330-29-3131, dated August 11, 2017.
    (2) Airbus Service Bulletin A330-29-3132, dated August 11, 2017.
    (3) Airbus Service Bulletin A330-29-3133, dated August 11, 2017.
    (4) Airbus Service Bulletin A340-29-4099, dated August 11. 2017.
    (5) Airbus Service Bulletin A340-29-4100, dated August 11, 2017.
    (6) Airbus Service Bulletin A340-29-4101, dated August 11, 2017.
    (7) Airbus Service Bulletin A340-29-5026, dated August 11, 2017.

(j) Part Re-identification

    (1) For Group 1 airplanes: Concurrently with the PRV replacement
required by paragraph (i) of this AD, re-identify the part numbers
of affected HRs as specified in table 1 to paragraphs (g), (h), (i),
and (j) of this AD, in accordance with the applicable service
information specified in paragraphs (i)(1) through (i)(7) of this
AD.
    (2) For Group 2 airplanes: At the applicable time specified in
table 1 to paragraphs (g), (h), (i), and (j) of this AD, re-identify
the part numbers of affected PRVs and HRs, in accordance with the
applicable service information specified in paragraphs (i)(1)
through (i)(7) of this AD.

(k) Terminating Action

    Replacement of all affected PRVs on an airplane, as required by
paragraph (i) of this AD, terminates all requirements of AD 2017-01-
08 for that airplane.

(l) Parts Installation Prohibition

    (1) For Group 1 airplanes: After replacement of all affected
parts as required by paragraph (i) of this AD, do not install any
affected PRV.
    (2) For Group 2 airplanes: As of the effective date of this AD,
do not install any affected PRV.

(m) Other FAA AD Provisions

    The following provisions also apply to this AD:

    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it to the attention of
the person identified in paragraph (n)(2) of this AD. Information
may be emailed to: [email protected]. Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Section, Transport Standards Branch, FAA; or the European Aviation
Safety Agency (EASA); or Airbus SAS's EASA Design Organization
Approval (DOA). If approved by the DOA, the approval must include
the DOA-authorized signature.
    (3) Required for Compliance (RC): If any service information
contains procedures or tests that are identified as RC, those
procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are recommended.
Those procedures and tests that are not identified as RC may be
deviated from using accepted methods in accordance with the
operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.

(n) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA AD 2018-0064, dated March 23, 2018, for related
information. This MCAI may be found in the AD docket on the internet
at http://www.regulations.gov by searching for and locating Docket
No. FAA-2018-0704.
    (2) For more information about this AD, contact Vladimir
Ulyanov, Aerospace Engineer, International Section, Transport
Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
telephone and fax:<PHONE_NUMBER>.
    (3) For service information identified in this AD, contact
Airbus SAS, Airworthiness Office--EAL, Rond Point Emile Dewoitine
No: 2, 31700 Blagnac Cedex, France; telephone: +33 5 61 93 36 96;
fax: +33 5 61 93 45 80; email: [email protected];
internet http://www.airbus.com. You may view this service
information at the FAA, Transport Standards Branch, 2200 South 216th
St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

    Issued in Des Moines, Washington, on July 25, 2018.
James Cashdollar,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-16574 Filed 8-2-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: August 4, 2008 (Volume 73, Number 150)]
[Proposed Rules]
[Page 45185-45186]
[DOCID:fr04au08-15]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2006-0004; FRL-8700-4]

Approval and Promulgation of Air Quality Implementation Plans;
Indiana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA is proposing to correct its June 12, 2006, approval of
a revision to the Indiana State Implementation Plan (SIP) for ozone in
which it approved Indiana's exclusion of ethylene glycol monobutyl
ether (EGBE), a hazardous air pollutant (HAP), as a revision to the
SIP. As discussed further below, this proposed action is based upon the
fact that HAPs are regulated under Section 112 of the Clean Air Act
(Act). State programs related to HAPs are governed by Section 112(l) of
the Act and should not be included in the SIP under Section 110, which
addresses national ambient air quality standards (NAAQS) for criteria
pollutants. Therefore, pursuant to section 110(k)(6) of the Act, which
allows EPA to correct SIP actions made in error, EPA is proposing to
rescind its exclusion of EGBE from Indiana's ozone SIP. It should be
noted that EPA delisted EGBE as a HAP on November 29, 2004.

DATES: Comments must be received on or before September 3, 2008.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2006-0004, by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. E-mail<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: John M. Mooney, Chief, Criteria Pollutant Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: John M. Mooney, Chief, Criteria Pollutant
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such
deliveries are only accepted during the Regional Office normal hours of
operation, and special arrangements should be made for deliveries of
boxed information. The Regional Office official hours of business are
Monday through Friday, 8:30 a.m. to 4:30 p.m. excluding Federal
holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2006-0004. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://
www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. 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. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional instructions on submitting
comments, go to section I of the SUPPLEMENTARY INFORMATION section of
this document.
    Docket: All documents in the docket are listed in the http://
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the Environmental Protection
Agency, Region 5, Air and Radiation Division, 77 West Jackson
Boulevard, Chicago, Illinois 60604. This Facility is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. We
recommend that you telephone Steven Rosenthal, Environmental Engineer,
at<PHONE_NUMBER> before visiting the Region 5 office.

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

I. What should I consider as I prepare my comments for EPA?
II. What action is EPA taking today and what is the basis for this
action?
III. Statutory and Executive Order Reviews

I. What should I consider as I prepare my comments for EPA?

    When submitting comments, remember to:
    1. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
    2. Follow directions--The EPA may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.

    3. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    4. Describe any assumptions and provide any technical information
and/or data that you used.
    5. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    6. Provide specific examples to illustrate your concerns, and
suggest alternatives.
    7. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    8. Make sure to submit your comments by the comment period deadline
identified.

II. What action is EPA taking today and what is the basis for this
action?

    Section 110 of the Act is the authority under which Congress has
directed EPA to act on SIPs and SIP revisions. Section 110(a)
establishes the applicable procedures for SIP development and
submission. The trigger for these activities is the promulgation of
NAAQS; and the focus of the State's efforts is to develop ``a plan
which provides for implementation, maintenance, and enforcement'' of
the NAAQS. Section 110(a)(1). EPA must then determine whether the
submission contains the air quality-related components prescribed in
section 110(a)(2).
    Other than for lead, which is both a HAP and criteria pollutant,
Section 110 does not provide parameters to determine the approvability
of a HAP provision. Instead, in the 1990 Amendments to the Act,
Congress envisioned that HAPs (including the then-listed EGBE) would be
regulated under section 112. State programs for hazardous pollutants,
including delegations, are governed by section 112(l) of the Act. They
should not be included in the SIP under section 110. EPA is, therefore,
proposing to correct its June 12, 2006, approval of Indiana's requested
revision to delete EGBE from the definition of ``hazardous air
pollutant'' in 326 IAC 1-2-33.5.
    Section 110(k)(6) of the Act provides that whenever EPA determines
that its action approving, disapproving, or promulgating any plan or
plan revision (or part thereof), * * * was in error, EPA may revise
such action as appropriate without requiring any further submission
from the State. Therefore, under section 110(k)(6), EPA is rescinding
its exclusion of EGBE from Indiana's definition of HAP, as well as
Indiana's definition of HAP in 326 IAC 1-2-33.5, from Indiana's ozone
SIP.

III. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
proposed action is not a ``significant regulatory action'' and
therefore is not subject to review by the Office of Management and
Budget. For this reason, this proposed action is also not subject to
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001). This action merely proposes to correct an error
and to approve state law as meeting Federal requirements and imposes no
additional requirements beyond those imposed by state law. Accordingly,
the Administrator certifies that this proposed rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule proposes to correct an error and approve preexisting
requirements under state law and does not impose any additional
enforceable duty beyond that required by state law, it 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).
    This proposed rule also does not have tribal implications because
it will not have a substantial direct effect on one or more Indian
tribes, on the relationship between the Federal Government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian tribes, as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000). This proposed action also
does not have Federalism implications because it does not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This
action merely proposes to correct an error and approve a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. This proposed rule also is not subject to Executive Order
13045 ``Protection of Children from Environmental Health Risks and
Safety Risks'' (62 FR 19885, April 23, 1997), because it is not
economically significant.
    In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This proposed rule does
not impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Hazardous air
pollutants, Reporting and recordkeeping requirements, Volatile organic
compounds.

    Dated: July 22, 2008.
Bharat Mathur,
Acting Regional Administrator, Region 5.
[FR Doc. E8-17809 Filed 8-1-08; 8:45 am]

BILLING CODE 6560-50-P


P-18-0328 Sanitized Support Documents Index:
 P-18-0328 Sanitized Determination Document (linked)
 P-18-0328 Sanitized CHEM Report (attached)
 P-18-0328 Sanitized ECO Report (attached)
 P-18-0328 Sanitized ENG Report (attached)
 P-18-0328 Sanitized EXP Report (attached)
 P-18-0328 Sanitized Fate Report (attached)
 P-18-0328 Sanitized HLTH Report_POST-FOCUS FINAL (attached)


[Federal Register Volume 84, Number 202 (Friday, October 18, 2019)]
[Notices]
[Pages 55972-55973]
[FR Doc No: 2019-22803]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket Nos. FDA-2013-N-0370, FDA-2013-N-0065, FDA-2012-N-0427, FDA-
2012-N-0536, FDA-2012-N-0873, FDA-2015-N-3662, FDA-2012-N-0976, FDA-
2013-N-0297, FDA-2011-D-0893, and FDA-2019-N-1265]

Agency Information Collection Activities; Announcement of Office
of Management and Budget Approvals

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is publishing a list of
information collections that have been approved by the Office of
Management and Budget (OMB) under the Paperwork Reduction Act of 1995.

FOR FURTHER INFORMATION CONTACT: Ila S. Mizrachi, Office of Operations,
Food and Drug Administration, Three White Flint North, 10A-12M, 11601
Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The following is a list of FDA information
collections recently approved by OMB under section 3507 of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3507). The OMB control
number and expiration date of OMB approval for each information
collection are shown in table 1. Copies of the supporting statements
for the information collections are available on the internet at
https://www.reginfo.gov/public/do/PRAMain. An Agency may not conduct or
sponsor, and a person is not required to respond to, a collection of
information unless it displays a currently valid OMB control number.

        Table 1--List of Information Collections Approved by OMB
------------------------------------------------------------------------
                                            OMB control    Date approval
           Title of collection                  No.           expires
------------------------------------------------------------------------
Export of Medical Devices; Foreign             0910-0264       8/31/2022
 Letters of Approval....................
Registration of Food Facilities.........       0910-0502       8/31/2022
Inspection by Accredited Persons Program       0910-0510       8/31/2022
 Under the Medical Device User Fee and
 Modernization Act of 2002..............
Medical Device User Fee Cover Sheet--          0910-0511       8/31/2022
 Form FDA 3601..........................
Bar Code Label Requirement for Human           0910-0537       8/31/2022
 Drug Products and Biological Products..
Guidance on Reagents for Detection of          0910-0584       8/31/2022
 Specific Novel Influenza A Viruses.....
Guidance: Emergency Use Authorization of       0910-0595       8/31/2022
 Medical Products and Related
 Authorities............................
Production, Storage, and Transportation        0910-0660       8/31/2022
 of Shell Eggs (preventing Salmonella
 Enteritidis (SE))......................
Center for Devices and Radiological            0910-0738       8/31/2022
 Health Appeals Processes...............
Food Labeling: Nutrition Facts Label and       0910-0813       8/31/2022
 Supplement Facts Labels................
------------------------------------------------------------------------

    Dated: October 10, 2019.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2019-22803 Filed 10-17-19; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register: June 6, 2008 (Volume 73, Number 110)]
[Notices]
[Page 32373-32376]
[DOCID:fr06jn08-128]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-57901; File Nos. SR-DTC-2007-14 and SR-NSCC-2007-14]

Self-Regulatory Organizations; the Depository Trust Company and
National Securities Clearing Corporation; Order Approving Proposed Rule
Changes, as Amended, To Provide for the Settlement of Institutional
Transactions in Conjunction With Each Other Through a Service Called ID
Net

June 2, 2008.

I. Introduction

    October 15, 2007, The Depository Trust Company (``DTC'') and the
National Securities Clearing Corporation (``NSCC'') each filed with the
Securities and Exchange Commission (``Commission'') and on December 20,
2007, and on February 25, 2008, each amended their proposed rule
changes pursuant to Section 19(b)(1) of the Securities Exchange Act of
1934 (``Act'').\1\ Notice of the proposal was published in the Federal
Register on April 2, 2008.\2\ The Commission received no comment
letters in response to the proposed rule changes. For the reasons
discussed below, the

Commission is approving the proposed rule changes, as amended.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ Securities Exchange Act Release No. 57573 (March 27, 2008),
73 FR 18019 (SR-DTC-2007-14 and SR-NSCC-2007-14).
---------------------------------------------------------------------------

II. Description

1. Background

    Unlike exchange trades and most prime broker trades, most
institutional delivery (``ID'') transactions do not currently flow
through NSCC's Continuous Net Settlement system (``CNS'').\3\ Rather,
these institutional transactions are processed and settled at DTC. The
ID Net Service will allow subscribers to the service to net all
eligible affirmed institutional transactions at DTC against their CNS
transactions at NSCC.
---------------------------------------------------------------------------

    \3\ NSCC's CNS is an automated accounting and securities
settlement system that centralizes and nets the settlement of
compared and recorded securities transactions and maintains an
orderly flow of security and money balances. CNS provides clearance
for equities, corporate bonds, unit investment trusts, and municipal
bonds that are eligible for book-entry transfer at DTC.
---------------------------------------------------------------------------

    The ID Net Service will accept affirmed institutional transactions
that are eligible for the ID Net Service from clearing agencies
registered pursuant to Section 17A of the Act, other entities (such as
Omgeo Matching Services--US LLC) which have obtained an exemption from
clearing agency registration from the Commission, and Qualified
Vendors, as defined in the rules of the New York Stock Exchange, the
National Association of Securities Dealers, or other self-regulatory
organizations (entities with exemptions from clearing agency
registration or Qualified Vendor are collectively referred to as
``Affirming Agencies''), and net the broker-dealer side of such
transaction with the broker-dealer's CNS obligations.
    Eligibility for the ID Net Service will require that a broker-
dealer be an NSCC Member eligible for CNS processing and a DTC
Participant (``ID Net Firm'') and that a bank be a DTC Participant
(``ID Net Bank'') (collectively ``ID Net Subscribers''). In addition,
eligibility for ID Net Service processing will be based on the
underlying security being processed, the type of transaction submitted
for processing, and the timing of affirmation. Participation in the ID
Net Service will be voluntary and will be governed by the rules and
procedures applicable to the ID Net Service as described below. All ID
Net Subscribers will be required to enter into separate ID Net
Subscriber agreements with NSCC and/or DTC, as applicable, governing
their use of the ID Net Service.

2. Current Processing

    A typical ID transaction is currently processed as follows. An
Investment Manager, acting on behalf of its Institutional client,
executes a transaction with Firm A. The Investment Manager, or a
Custodian acting on its behalf, and Firm A submit the transaction data
to an Affirming Agency (for example, Omgeo) for confirmation/
affirmation. Once affirmed, the Affirming Agency's automated systems
transmit settlement instructions for the matched transaction to DTC's
Inventory Management System (``IMS'') to be processed. These ID
transactions are not netted, rather they are settled on a trade-for-
trade basis at DTC.

3. Proposed Service

    In order to extend netting benefits and efficiencies to
institutional transactions, NSCC will extend its clearance and
settlement functionalities to net the broker-dealer's side of
institutional transactions with the broker-dealer's broker-to-broker
activity that is eligible for processing through NSCC's CNS service.
    Most equity securities that are currently eligible for CNS
processing will be eligible for ID Net Service processing. However, ID
Net Services will initially exclude the following: (1) Corporate and
municipal bonds and unit investment trust issues; (2) new issue
securities in their first day of IPO trading; (3) securities that are
IPO tracked since the use of omnibus accounts will bypass the tracking
system; (4) trades in issues that are currently undergoing a mandatory
or voluntary reorganization; (5) trades in securities with a CNS buy-
in; and (6) trades in securities appearing on the Commission's
Regulation SHO list.\4\
---------------------------------------------------------------------------

    \4\ NSCC has determined that certain security types may have a
relatively high rate of delivery failure or may disrupt normal
processing of transactions in the ID Net Service. Such securities
will initially be excluded from the service; however, as experience
with the service grows, the status of such securities may be
reevaluated.
---------------------------------------------------------------------------

    To facilitate the processing of ID Net Service transactions, two
new securities accounts will be established by NSCC at DTC on behalf of
all ID Net Firms that have elected to use the ID Net Service--the ``ID
Netting Subscriber Deliver Account'' and the ``ID Netting Subscriber
Receive Account'' (collectively referred to as the ``ID Netting
Subscriber Accounts''). NSCC will be the owner of both accounts and
will act as agent for the ID Net Firms. NSCC will process ID Net
Service transactions through these accounts on behalf of participating
ID Net Firms. While NSCC will direct transactions through these
accounts on behalf of the ID Net Firms, the ID Net Firms, not NSCC,
will be responsible for satisfying applicable DTC risk management
controls and Participant Fund requirements for their activity in the ID
Netting Subscriber Accounts.
    The ID Netting Subscriber Deliver Account will be maintained for
all ID Net Firms receiving ID Net Eligible Securities from an ID Net
Bank. The ID Netting Member Receive Account will be maintained for all
ID Net Firms receiving ID Net Eligible Securities from CNS that are
bound for delivery by that ID Net Firm to an ID Net Bank.\5\
---------------------------------------------------------------------------

    \5\ ID Net Firms will not have the ability to direct
transactions to either ID Netting Subscriber Account. All ID Net
Firm positions in either the ID Netting Subscriber Deliver Account
or the ID Netting Subscriber Receive Account will be recorded
separately by NSCC and in no event will securities positions of one
ID Net Firm be attributed to another ID Net Firm.
---------------------------------------------------------------------------

    With the establishment of these two new ID Netting accounts, ID Net
Service transactions will be processed as follows. Upon affirmation,
the Affirming Agency will check that the transaction is eligible for ID
Net Service processing. If the transaction qualifies, the Affirming
Agency prior to submitting that affirmed transaction to IMS will flag
the transaction by populating the delivery instructions third party
field with the account number of the ID Netting Subscriber.
    IMS will facilitate the delivery of the securities, subject to
DTC's risk management controls, to the ID Netting Subscriber Deliver
Account. On the night of trade date plus two (``T+2''), the ID Net
Firm's CNS position, if any, will be updated for the quantity and value
of the ID Net Service transaction and an open obligation in the ID
Netting Subscriber Deliver Account will be created.
    For transactions in which the ID Net Firm is delivering securities
to an ID Net Bank, on the night of T+2, the ID Net Firm's CNS position,
if any, will be updated for the quantity and value of the ID Net
Service transaction and an open obligation in the ID Netting Subscriber
Receive Account will be created. Once the securities are credited to
the ID Netting Subscriber Receive Account, the securities will be
delivered, subject to DTC's Risk Management controls, to the ID Net
Bank's account.
    ID Net Service transactions not completed for any reason, including
due to a party's failure to deliver or pass DTC's risk management
controls, by 11:30 a.m. on settlement date will be ``dropped'' from ID
Net Service and instead will be settled trade-for-trade between the
original counterparties at DTC as if the transaction had not been
included in the ID Net Service.

4. Eligibility Requirements

    Eligibility is based on the participants, the underlying security,
the type of trade, and the timing of the affirmation as follows: (1)
The broker-dealer must be both an NSCC Member and a DTC Participant;
(2) The custodian bank must be a DTC Participant; (3) The broker-dealer
and the custodian bank must both elect to participate in the ID Net
Service; and (4) The security must be an equity security eligible for
CNS. The following securities will not be eligible for the ID Net
Service: (1) Corporate and municipal bonds; (2) unit investment trust
issues; (3) new issue securities in their first day of trading; (4)
securities that are IPO tracked since the use of omnibus accounts will
bypass the tracking system; (5) securities that are undergoing a
mandatory or voluntary reorganization; (6) securities with a pending
CNS buy-in; and (7) Regulation SHO securities.\6\ The trade must be
affirmed before 9 p.m. on trade date plus one (``T+1''), and the trade
must be ``regular-way'' (i.e., scheduled for T+3 settlement).
---------------------------------------------------------------------------

    \6\ Supra note 4.
---------------------------------------------------------------------------

    After a transaction has been affirmed and deemed eligible for the
ID Net Service, DTC will monitor the ID Net Service transaction's
eligibility up until approximately 8 p.m. on the night of T+2. If the
transaction becomes ineligible for any reason, the transaction will be
exited from the ID Net Service processing and will be settled on a
trade-for-trade basis between the ID Net Firm and the ID Net Bank
outside of the ID Net Service at DTC.

5. Settlement

    Upon receipt of the affirmation of an eligible trade from the
Affirming Agency, DTC's IMS System will automate the following: (1) For
bank deliveries, IMS will move the ``original clearing broker'' from
the ``receiver's field'' to the ``third party field'' of the ID
delivery instruction and will replace it with a with the ID Netting
Subscriber Delivery Account and (2) For bank receives, IMS will move
the ``original clearing broker'' from the ``deliverer's field'' to the
``third party field'' of the ID delivery instruction and will replace
it with the ID Netting Subscriber Receive Account.
    Custodian banks will still be able to exempt or authorize ID
deliveries in IMS before the night cycle as they do today; and trades
that are eligible for ID Net Service but which are still in a pending
state by 11:30 a.m. on settlement date will revert to trade-for-trade
settlement versus the original clearing participant and will not settle
as part of ID Net Service. Accordingly, if the bank subsequently
authorizes the delivery, it will be sent to the original clearing
broker instead of to the ID Netting Subscriber Deliver Account.
    ID Net Firms will still be able to exempt or cancel an ID delivery
in IMS as they do today, but they will be limited to instructions
transmitted through DTC's Participant Terminal Service and Participant
Browser Service (PTS/PBS) and only on a trade-by-trade basis.
Deliveries from the ID Netting Subscriber Receive Account will be
attempted in random order until approximately 10 a.m. on settlement
date. After that time, the system will attempt to complete any of the
deliveries up until 11:30 a.m. in settlement value order with highest
value first. ID Net Service transactions not completed for any reason
by 11:30 a.m. due to a party's failure to deliver or pass DTC risk
controls on settlement date will be exited from the ID Net Service and
instead will settle trade-for-trade versus the original clearing
broker. Deliveries that do not complete will be available for immediate
reintroduction from the original clearing broker's account through a
new IMS function at 11:30 a.m. Brokers can then create a profile to
have these deliveries await authorization or to be processed
immediately.
    If an ID Net Bank reclaims a transaction from the ID Netting
Subscriber Receive Account, the reclaim will be processed against the
applicable ID Net Firm and not against the ID Netting Subscriber
Receive Account.

6. DTC Risk Management Control Updates

    In order to protect DTC from having a failure exported from NSCC,
updates to DTC's participants' net debit caps and collateral monitors
will be necessary. A new ID Net Service collateral monitor and net
debit cap balance will be recorded for each ID Net Firm. The ID Net
Service collateral monitor will record the net balance of collateral
generated for all transactions processed through the ID Net Service. If
the balance of collateral generated by all ID Net Service receives and
delivers is positive, the ID Net Firm's collateral monitor will not be
increased by that amount. However, if an ID Net Service transaction
requires collateral, the system will use the ID Net Service collateral
surplus for that ID Net Firm before attempting to use other collateral
from that ID Net Firm. If there is insufficient ID Net Service
collateral for that broker, the system will look to the ID Net Firm's
excess collateral in its account.
    Similar to collateral, the system will create a new ID Net Service
settlement balance for each ID Net Firm. When this balance is a net
credit from deliveries on the ID Net Firm's behalf through the ID
Netting Subscriber Receive Account, it will only be used to offset
incoming ID Net Services receives to the ID Netting Subscriber Deliver
Account. If there is an insufficient ID Net Service credit to absorb
the debit of the ID Net Service delivery to the ID Netting Subscriber
Deliver Account for the ID Net Firm, the system will create an ID Net
Service debit that will effectively treat the ID Net Service debit as a
reduction of the ID Net Firm's net debit cap. The ID Net Service debit
will only be used for net debit cap calculation purposes and will not
represent a participant's actual settlement balance.\7\ If the broker
has insufficient collateral or net debit cap, the transaction will pend
until 11:30 a.m. on settlement date.\8\
---------------------------------------------------------------------------

    \7\ Currently, brokers receive market value credit for
deliveries to CNS if the security is received versus payment (RVP)
or collateral value (collateral value is market value less the DTC
haircut) if the delivery to CNS was from securities in their start
of day position or received for free. With respect to the ID Net
Service, the system will no longer identify if a delivery came from
a broker's RVP securities or not, and as such, the system will
assume the delivery came from a broker's start of day position.
    Likewise, to the extent that ID Net Firms have a net credit for
their ID deliveries today, an ID Net Firm's settlement balance is
reduced. Since these credits will no longer be generated from the ID
Net Firm's account, it may require the need to fund DTC intraday to
prevent net debit cap blockage.
    \8\ As an example of how DTC risk controls will be applied to ID
Net Subscribers, assume that Investment Manager A sells 10 shares of
Common Stock X using ID Net Firm B (a broker). If B sells the shares
on an exchange for $20, and the trade is affirmed and the shares are
delivered by A's Custodian Bank C, then C will receive a credit in
DTC for $20 and the ID Netting Subscriber Deliver Account (owned by
NSCC as agent for B) will have a DTC debit of $20. In this case, B's
net debit cap will be reduced by $20 and its collateral monitor is
reduced by the net of the $20 debit and the collateral value of the
securities (e.g., with a 10 percent haircut the collateral value
will be $18), or $2. When the ID Netting Subscriber Deliver Account
delivers the shares to CNS, it receives a credit for $20. This
credit is offset with the DTC debit of $20 at end-of-day.
Additionally, assume A then buys 10 shares of Commons Stock Y
through B at $30. On the night of T+2, CNS will deliver the shares
to the ID Netting Subscriber Receive Account and that account will
be debited in CNS for $30. C will then receive 10 shares of Y from
the ID Netting Subscriber Receive Account. C receives a debit in DTC
for $30 and the ID Netting Subscriber Receive Account is credited at
DTC for $30. B's account has its DTC net debit cap increased by $20
to offset the previous decrease of $20 (for the sale of Common Stock
X) (and not $30 since the net of the ID Net receive relating to the
sale of Common Stock X above of $20 and the delivery of Common Stock
Y for $30 is a $10 credit and B's net debit cap is decremented only
when the net balance is a debit. C will not receive a net credit,
but will receive an offset of previous ID Net debits with ID Net
credits) and the same for its collateral monitor which is increased
only up to the amount it was debited for ID Net transactions (absent
its participation in the ID Net service, B will have received a $3
credit to the collateral monitor which equals the net of the $30
credit and the collateral value of the securities $27 ($30 market
value less a 10% haircut)). In this case, B will only receive a
collateral credit of $2, but the ID Net credit balance of $1 will be
registered to absorb future ID Net receives that have a collateral
deficiency. If C was at its net debit cap or collateral monitor
limit due to other receives, the ID Net transaction will recycle or
pend in the system until the deficiency can be satisfied or until
11:30 a.m., when it will drop out of ID Net.

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

7. NSCC Clearing Fund Offset and Mark-to-Market

    ID Net Service transactions will be used to offset the balance of
any other CNS transactions and the ``net'' of those transactions will
be used for purposes of determining NSCC Clearing Fund obligations
pursuant to NSCC's current procedures with a revised mark-to-market
calculation applicable to ID Net Firms. The revised mark-to-market
calculation for ID Net Firms will be based on (x) the current CNS mark-
to-market component (which will exclude ID Net transactions) and (y) a
mark-to-market component calculated with respect to ID Net Service-
related positions. However, any positive value derived from either (x)
or (y) will be set to zero.\9\
---------------------------------------------------------------------------

    \9\ Similar to the existing CNS mark-to-market component, the
new ID Net Service mark-to-market component applicable to ID Net
Service transactions will equal the net of each day's difference
between the contract price of the Member's net positions relating to
ID Net Service activity and the current market price for such
positions.
    For example, if an ID Net Firm has a ``regular'' mark-to-market
debit of $500,000 and an ID Net Service mark-to-market debit of
$100,000, then these debits will be added together and the ID Net
Firm's total mark-to-market obligation will equal a debit of
$600,000. However, if that same ID Net Firm's ID Net mark-to-market
calculation results in a credit of $100,000, then the value of that
credit will be set to zero, and therefore the total mark-to-market
will equal a debit $500,000 (i.e., the amount of the broker's
regular mark-to-market debit).
---------------------------------------------------------------------------

8. Prioritization

    In order to reduce the potential number and value of fails in the
ID Net Service, deliveries from CNS to the ID Netting Subscriber
Receive Account will be given a higher delivery priority pursuant to
the allocation algorithm set forth in NSCC's Procedure VII (CNS
Accounting Operation) than other CNS deliveries with the exception of
buy-in deliveries, corporate action deliveries, and deliveries of
component securities of index receipts.\10\ NSCC is also modifying this
Procedure to clarify that deliveries of the component securities for
index receipts shall have the same priority as deliveries to the ID
Netting Subscriber Receive Account.
---------------------------------------------------------------------------

    \10\ Currently, institutional deliveries processed through the
DTC system from ID Net Firms to banks may be prioritized by ID Net
Firms through IMS and/or through exempting their deliveries to CNS
in order to ensure that available inventory will be used for such
deliveries. Including these transactions in the proposed service
allows for the ``automation'' of such prioritization through the CNS
Accounting Operation.
---------------------------------------------------------------------------

    Any ID Net transactions that cannot be completed will be exited
from the ID Net Service and instead will settle trade-for-trade between
the ID Net Firm and the ID Net Bank (the original counterparties) at
DTC.

9. DTC Fees

    ID Net Banks and ID Net Firms will be charged a reduced DTC ID Net
Service fee of $0.025 for each completed delivery and receive processed
versus the ID delivery or receive fee of $0.05. For deliveries that are
exited from the ID Net Service, there will not be a ``drop'' fee
charged. For ID Net Service deliveries cancelled by ID Net Firms from
the ID Netting Subscriber Receive Account, the $0.45 ``pend cancel''
fee will be charged. For ID Net Service deliveries to and from CNS on
behalf of the ID Net Firms, no fee will be charged.

10. NSCC Rulebook Changes

    Under the proposed rule change, a new Rule 65 and Procedure XVI
(both titled ``ID Net Service'') will be added to NSCC's Rules, and
additional conforming changes will be made elsewhere throughout NSCC's
Rules to provide consistency with the new Rule 65. These additional
changes include the following:
(a) Rule 3 (Lists To Be Maintained)
    A subsection will be added to Rule 3 to provide that NSCC will
maintain a list of Eligible ID Net Securities and may from time to time
add or delete applicable CNS Securities from the list.
(b) Procedure VII (CNS Accounting Operation)
    Procedure VII will be revised to incorporate the processing of
transactions in Eligible ID Net Securities into the CNS Accounting
Operation. The revisions will also reflect: (i) That Member's will not
be able to exempt deliveries from an ID Netting Subscriber Account,
(ii) the prioritization of ID Net Service deliveries and deliveries of
the component securities of index receipts in the CNS allocation
algorithm behind deliveries associated with reorganizations and buy-
ins, and (iii) that ID Net Service transactions will be recorded on the
Miscellaneous Activity Report on the night of T+2 and removals of such
transactions from the ID Net Service will also be recorded on that
report.
(c) Procedure XV (Clearing Fund Formula and Other Matters)
    Procedure XV will be revised to indicate the exclusion of ID Net
Service transactions from the ID offset process for the purposes of
calculating the volatility component of a subscriber's Clearing Fund
requirement. In addition language will be revised and added with
respect to the calculation of mark-to-market to reflect the changes to
the formula as described above.

III. Discussion

    Section 19(b) 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. Section 17A(b)(3)(F) of the Act requires that the rules
of a clearing agency be designed to promote the prompt and accurate
clearance and settlement of securities transactions.\11\ DTC and NSCC's
proposed rule changes should promote the prompt and accurate clearance
and settlement of securities transactions by leveraging the
capabilities of the DTC and NSCC systems to provide for more
streamlined securities deliveries and extend netting benefits and
efficiencies to ID transactions.
---------------------------------------------------------------------------

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

IV. Conclusion

    On the basis of the foregoing, the Commission finds that the
proposed rule changes are consistent with the requirements of the Act
and in particular Section 17A of the Act and the rules and regulations
thereunder. In approving the proposed rule changes, the Commission
considered the proposals' impact on efficiency, competition, and
capital formation.\12\
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

    It is therefore ordered, pursuant to Section 19(b)(2) of the Act,
that the proposed rule changes (File Nos. SR-DTC-2007-14 and SR-NSCC-
2007-14), as amended, be and hereby are approved.

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

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

Florence E. Harmon,
Acting Secretary.
 [FR Doc. E8-12667 Filed 6-5-08; 8:45 am]

BILLING CODE 8010-01-P


<EMAIL_ADDRESS>03/02/2009 03:00 PM	To
<EMAIL_ADDRESS>	cc
<EMAIL_ADDRESS><EMAIL_ADDRESS><EMAIL_ADDRESS>"Michael
Laney"<EMAIL_ADDRESS><EMAIL_ADDRESS><EMAIL_ADDRESS>
<EMAIL_ADDRESS><EMAIL_ADDRESS>	bcc

	Subject
	Re: Wet scrubber water treatment

	History:
		This message has been replied to and forwarded.

Keith

You are correct; gypsum is recovered from the scrubber by sending the
material to a dewatering facility where the gypsum is dewatered and stored
until it is consumed in the finish mill.  This is a continuous process.
The water is returned back to the wet scrubber.

Additionally, the scrubber is equipped with a storage reservoir.  This is a
non-continuous process; however, when the need arises to bled-down the
reservoir water is consumed by either of the two following methods: (i)
Water from the reservoir is routed to a storage tank where it is stored
till it is consumed as process water.  This is the case for Portland.  (ii)
At Midlothian, the water from the reservoir is routed to a clay-lined pond
where it is stored until it is consumed as process water.  There is no
discharge from this clay-lined pond.

If you have nay questions please let me know.

_____________________

Hector Ybanez
Corporate Manager, Environmental
122 West Carpenter Freeway
Suite 485
Irving, Texas 75039
Phone (214) 524 - 2814
Cell<PHONE_NUMBER>
<EMAIL_ADDRESS><EMAIL_ADDRESS>www.holcim.com/us
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                   Barnett.Kei
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                   epa.gov                                              To
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                   03/02/2009<EMAIL_ADDRESS>
                   11:52 AM<EMAIL_ADDRESS>
<EMAIL_ADDRESS><EMAIL_ADDRESS>
                                                                        cc
<EMAIL_ADDRESS>
                                       "Michael Laney"<EMAIL_ADDRESS>
<EMAIL_ADDRESS>
                                                                   Subject
                                       Wet scrubber water treatment

To All:

A question has come up about treatment of water from kilns that use wet
scrubbers for SO2 control.  In our analysis we assume that the scrubber
blow-down is sent to a dewatering facility where the gypsum is dewatered
and stored prior to being sent to the finish mill.  The water from the
dewatering step is assumed to be sent back to the wet scrubber.

Is there some type of water treatment process that takes place after the
solids are removed from the scrubber blowdown? Or is the water simply
sent directly back to the scrubber?  Is there any liquid waste stream
that leaves the scrubber process?  If so, how is this stream treated and
where does it go?

Keith W. Barnett
USEPA/OAQPS/SPPD/MMG
Mail Code D243-02
Research Triangle Park, NC  27711
919-541-5605
<EMAIL_ADDRESS>