[Federal Register Volume 80, Number 45 (Monday, March 9, 2015)]
[Proposed Rules]
[Pages 12364-12365]
[FR Doc No: 2015-05336]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Parts 201, 606, and 610

[Docket No. FDA-2007-N-0363]
RIN 0910-AG18

Electronic Distribution of Prescribing Information for Human
Prescription Drugs, Including Biological Products; Extension of Comment
Period

AGENCY: Food and Drug Administration, HHS.

ACTION: Proposed rule; extension of comment period.

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

SUMMARY: The Food and Drug Administration (FDA) is extending the
comment period for the proposed rule that appeared in the Federal
Register of December 18, 2014. In the proposed rule, FDA requested
comments on its proposal to amend its labeling regulations for human
prescription drugs and biological products to require that the
prescribing information intended for health care professionals that is
on or within the package from which the product is dispensed be
distributed electronically and not in paper form, except as provided by
the proposed rule. The Agency is taking this action in response to a
request for an extension to allow interested persons additional time to
submit comments.

DATES: FDA is extending the comment period on the proposed rule
published on December 18, 2014 (79 FR 75506). Submit either electronic
or written comments by May 18, 2015.

ADDRESSES: You may submit comments to the proposed rule by any of the
following methods:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.

Written Submissions

    Submit written submissions in the following ways:
     Mail/Hand delivery/Courier (for paper submissions):
Division of Dockets Management (HFA-305), Food and Drug Administration,
5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
    Instructions: All submissions received must include the Docket No.
FDA-2007-N-0363 for this rulemaking. All comments received may be
posted without change to http://www.regulations.gov, including any
personal information provided. For additional information on submitting
comments, see the ``Comments'' heading of the SUPPLEMENTARY INFORMATION
section of this document.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov and insert the
docket number, found in brackets in the heading of this document, into
the ``Search'' box and follow the prompts and/or go to the Division of
Dockets Management, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Emily Gebbia, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 51, Rm. 6226, Silver Spring, MD 20993, 240-402-
0980.

SUPPLEMENTARY INFORMATION:

I. Background

    In the Federal Register of December 18, 2014, FDA published a
proposed rule to amend its labeling regulations for human prescription
drugs and biological products to require that the prescribing
information intended for health care professionals that is on or within
the package from which the product is dispensed be distributed
electronically and not in paper form, except as provided by the
proposed rule. The proposed rule is intended to facilitate the
distribution of updated prescribing information as new information
becomes available and as changes in prescribing information are made.
FDA is proposing the change to help ensure that the most current
prescribing information will be available and readily accessible to
health care professionals at the time of clinical decision making and
dispensing. FDA provided a 90-day comment period (i.e., until March 18,
2015) for the proposed rule.
    The Agency has received a request for a 60-day extension of the
comment period for the proposed rule. The request conveyed concern that
the current 90-day comment period does not allow sufficient time for
entities and individuals who will be most affected by a final rule to
examine and to comment upon the proposed rule. The request suggested
that FDA would benefit by granting stakeholders sufficient time to
develop their comments and to address as many relevant issues as
possible.
    FDA has considered the request and is extending the comment period
for the proposed rule for 60 days, until May 18, 2015. The Agency
believes that a 60-day extension allows adequate time for interested
persons to submit comments without significantly delaying rulemaking on
this important issue.

II. Request for Comments

    Interested persons may submit either electronic comments regarding
the proposed rule to http://www.regulations.gov or written comments to
the Division of Dockets Management (see ADDRESSES). It is only
necessary to send one set of comments. Identify comments with the
docket number found in brackets in the heading of this document.
Received comments may be seen in the Division of Dockets Management
between 9 a.m. and 4 p.m., Monday through Friday, and will be posted to
the docket at http://www.regulations.gov.

    Dated: March 3, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-05336 Filed 3-6-15; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 82, Number 215 (Wednesday, November 8, 2017)]
[Rules and Regulations]
[Pages 51765-51766]
[FR Doc No: 2017-24291]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2017-0972]

Special Local Regulations; Key West World Championship, Atlantic
Ocean, Key West, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce the Key West World Championship
Special Local Regulation from 9:30 a.m. until 4:30 p.m. on November 8,
10, and 12, 2017. This action is necessary to ensure safety of life on
navigable waters of the United States and to protect race participants,
participant vessels, spectators, and the general public from the
hazards associated with high-speed boat races. During the enforcement
period, and in accordance with previously issued special local
regulations, no person or vessel may enter, transit through, anchor in,
or remain within the regulated area without permission from the Captain
of the Port Key West or a designated representative.

DATES: The regulations in 33 CFR 100.701 will be enforced for the
location listed in item (c)(9) in the Table to 33 CFR 100.701 from 9:30
a.m. until 4:30 p.m. on November 8, 10, and 12, 2017.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice
of enforcement, call or email Lieutenant Scott Ledee, Sector Key West
Waterways Management Department, Coast Guard; telephone<PHONE_NUMBER>,
email [email protected].

SUPPLEMENTARY INFORMATION: On November 8, 10, and 12, 2017, Super Boat
International Productions, Inc. is hosting the Key West World
Championship, a series of high-speed boat races. The Coast Guard will
enforce the special local regulation for the annual Key West World
Championship Super Boat Race in 33 CFR 100.701,

table item (c)(9) from 9:30 a.m. until 4:30 p.m. on November 8, 10, 11,
and 12, 2017.
    Under the provisions of 33 CFR 100.701, no unauthorized person or
vessel may enter, transit through, anchor within, or remain in the
established regulated areas unless permission to enter has been granted
by the Captain of the Port Key West or designated representative. This
action is to provide enforcement action of regulated area that will
encompass portions of the waters of the Atlantic Ocean located
southwest of Key West, Florida. The Coast Guard may be assisted by
other Federal, State, or local law enforcement agencies in enforcing
this regulation.
    This notice of enforcement is issued under authority of 33 CFR
100.701 and 5 U.S.C. 552(a). The Coast Guard will provide notice of the
regulated area by Local Notice to Mariners, Broadcast Notice to
Mariners, and on-scene designated representatives. If the Captain of
the Port Key West determines that the regulated area need not be
enforced for the full duration stated in this publication, he or she
may use a Broadcast Notice to Mariners to grant general permission to
enter the regulated area.

    Dated: November 2, 2017.
Jeffrey A. Janszen,
Captain, U.S. Coast Guard, Captain of the Port Key West.
[FR Doc. 2017-24291 Filed 11-7-17; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 80, Number 124 (Monday, June 29, 2015)]
[Rules and Regulations]
[Page 36915]
[FR Doc No: 2015-15922]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2015-0530]
RIN 1625-AA00

Safety Zone; Annual Events Requiring Safety Zones in the Captain
of the Port Lake Michigan Zone--Miesfeld's Lakeshore Weekend Fireworks

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce the safety zone on the waters of
Lake Michigan in Sheboygan, WI for the Miesfeld's Lakeshore Weekend
Fireworks. This zone will be enforced from 9:15 p.m. until 10:15 p.m.
on July 24, 2015. This action is necessary and intended to ensure
safety of life on navigable waters immediately prior to, during, and
immediately after the fireworks display. During the aforementioned
period, the Coast Guard will enforce restrictions upon, and control
movement of, vessels in the safety zone. No person or vessel may enter
the safety zone while it is being enforced without permission of the
Captain of the Port Lake Michigan or a designated representative.

DATES: The regulations in 33 CFR 165.929 will be enforced for safety
zone (e)(49), Table 165.929, from 9:15 p.m. until 10:15 p.m. on July
24, 2015.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
document, call or email MST1 Joseph McCollum, Prevention Department,
Coast Guard Sector Lake Michigan, Milwaukee, WI at<PHONE_NUMBER>,
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the Miesfeld's
Lakeshore Weekend Fireworks safety zone listed as item (e)(49) in Table
165.929 of 33 CFR 165.929. Section 165.929 lists many annual events
requiring safety zones in the Captain of the Port Lake Michigan zone.
This safety zone will encompass waters of Lake Michigan and Sheboygan
Harbor within an 800-foot radius from the fireworks launch site located
at the south pier in approximate position 43[deg]44.917' N.,
087[deg]41.967' W. (NAD 83). This zone will be enforced from 9:15 p.m.
until 10:15 p.m. on July 24, 2015.
    All vessels must obtain permission from the Captain of the Port
Lake Michigan or the on-scene representative to enter, move within, or
exit the safety zone. Requests must be made in advance and approved by
the Captain of the Port before transits will be authorized. Approvals
will be granted on a case by case basis. Vessels and persons granted
permission to enter the safety zone must obey all lawful orders or
directions of the Captain of the Port Lake Michigan or a designated
representative.
    This document is issued under authority of 33 CFR 165.929, Safety
Zones; Annual events requiring safety zones in the Captain of the Port
Lake Michigan zone, and 5 U.S.C. 552(a). In addition to this
publication in the Federal Register, the Coast Guard will provide the
maritime community with advance notification for the enforcement of
this zone via Broadcast Notice to Mariners or Local Notice to Mariners.
The Captain of the Port Lake Michigan or an on-scene representative may
be contacted via Channel 16, VHF-FM.

    Dated: June 11, 2015.
A.B. Cocanour,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. 2015-15922 Filed 6-26-15; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 82, Number 62 (Monday, April 3, 2017)]
[Proposed Rules]
[Pages 16144-16146]
[FR Doc No: 2017-06518]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[FRL9961-12-OAR]

Withdrawal of Proposed Rules: Federal Plan Requirements for
Greenhouse Gas Emissions From Electric Utility Generating Units
Constructed on or Before January 8, 2014; Model Trading Rules;
Amendments to Framework Regulations; and Clean Energy Incentive Program
Design Details

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of proposed rules.

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SUMMARY: The U.S. Environmental Protection Agency (EPA) is withdrawing
the October 23, 2015 proposals for a federal plan to implement the
greenhouse gas (GHG) emission guidelines (EGs) for existing fossil
fuel-fired electric generating units (EGUs), for model trading rules
for implementation of the EGs, and for amendments to the Clean Air Act
(CAA) 111(d) framework regulations, and the June 30, 2016 proposed rule
concerning design details of the Clean Energy Incentive Program (CEIP).

DATES: The proposed rule published on October 23, 2015 entitled
``Federal Plan Requirements for Greenhouse Gas Emissions From Electric
Utility Generating Units Constructed on or Before January 8, 2014;
Model Trading Rules; Amendments to Framework Regulations.'' 80 FR
64966, and the proposed rule published on June 30, 2016 entitled
``Clean Energy Incentive Program Design Details,'' 81 FR 42940, are
withdrawn as of April 3, 2017.

FOR FURTHER INFORMATION CONTACT: Mr. Peter Tsirigotis, Sector Policies
and Programs Division (D205-01), U.S. Environmental Protection Agency,
Research Triangle Park, NC 27711; telephone number:<PHONE_NUMBER>;
email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

1. Background

    On October 23, 2015, EPA published final carbon dioxide EGs under
CAA 111(d) for existing EGUs, entitled ``Carbon Pollution Emission
Guidelines for Existing Stationary Sources: Electric Utility Generating
Units,'' 80 FR 64662 (October 23, 2015) (Clean Power Plan or CPP). On
the same date, in connection with the CPP, EPA published a proposed
rule for a federal plan to implement those guidelines, for model
trading rules to aid implementation of the guidelines, and for
amendments to

the existing framework regulations implementing CAA 111(d) ``Federal
Plan Requirements for Greenhouse Gas Emissions From Electric Utility
Generating Units Constructed on or Before January 8, 2014; Model
Trading Rules; Amendments to Framework Regulations.'' 80 FR 64966
(October 23, 2015) (the October 2015 Proposed Rule). Subsequently, on
June 30, 2016, EPA published proposed design details of the Clean
Energy Incentive Program (CEIP), an optional program that States could
use to incentivize early emission reduction projects under the CPP.
``Clean Energy Incentive Program Design Details,'' 81 FR 42940 (June
30, 2016) (CEIP Proposed Rule). The EPA never finalized the October
2015 Proposed Rule or the CEIP Proposed Rule, and is not doing so
today. Instead, it is withdrawing them both.
    The CPP was promulgated under Section 111 of the CAA. 42 U.S.C.
7411. Section 111 of the Clean Air Act authorizes the EPA to issue
nationally applicable New Source Performance Standards (NSPS) limiting
air pollution from ``new sources'' in source categories that cause or
contribute to air pollution that may reasonably be anticipated to
endanger public health or welfare. 42 U.S.C. Section 7411(b)(1). Under
this authority, the EPA had long regulated new fossil fuel-fired power
plants to limit air pollution other than carbon dioxide, including
particulate matter (PM); nitrogen oxides (NOX) and sulfur
dioxide (SO2). See 40 CFR part 60 subparts D, Da. In 2015,
the EPA issued a rule that for the first time set carbon dioxide
emissions limits for new fossil fuel-fired power plants. Standards of
Performance for Greenhouse Gas Emissions From New, Modified, and
Reconstructed Stationary Sources: Electric Utility Generating Units
(New Source Rule), 80 FR 64510 (October 23, 2015). Under certain
circumstances, when the EPA issues standards for new sources under
Section 111(b), the EPA has the authority under Section 111(d), to
prescribe regulations under which each State is to submit a plan to
establish standards for existing sources in the same category. The EPA
relied on that authority to issue the CPP, which for the first time
required States to submit plans specifically designed to limit carbon
dioxide emissions from existing fossil fuel-fired power plants.
    Due to concerns about EPA's legal authority and record, 24 States
and a number of other parties sought judicial review of the New Source
Rule in the U.S. Court of Appeals for the District of Columbia. State
of North Dakota v. EPA, No. 15-1381 (and consolidated cases) (D.C.
Cir.). Similarly, due to concerns about EPA's legal authority and
record, 27 States and a number of other parties sought judicial review
of the CPP in the D.C. Circuit. State of West Virginia v. EPA, No. 15-
1363 (and consolidated cases) (D.C. Cir.). On February 9, 2016, the
Supreme Court stayed implementation of the CPP pending judicial review.
Oral argument in the D.C. Circuit in North Dakota is currently
scheduled for April 17, 2017. Following full merits briefing, oral
argument in West Virginia was held before the D.C. Circuit, sitting en
banc, on September 27, 2016. Both challenges to these rules are pending
in the D.C. Circuit.

2. Energy Development Executive Order and Other Related Notices

    On March 28, 2017, President Trump issued an Executive Order
establishing a national policy in favor of energy independence,
economic growth, and the rule of law. The purpose of that Executive
Order is to facilitate the development of U.S. energy resources and to
reduce unnecessary regulatory burdens associated with the development
of those resources. The President has directed agencies to review
existing regulations that potentially burden the development of
domestic energy resources, and appropriately suspend, revise, or
rescind regulations that unduly burden the development of U.S. energy
resources beyond what is necessary to protect the public interest or
otherwise comply with the law. The Executive Order also directs
agencies to take appropriate actions, to the extent permitted by law,
to promote clean air and clean water while also respecting the proper
roles of Congress and the States. This Executive Order specifically
directs EPA to review and, if appropriate, initiate proceedings to
suspend, revise or rescind the CPP.
    In EPA's notice announcing the initiation of its review of the CPP,
EPA states that, if its review concludes that suspension, revision or
rescission of the CPP may be appropriate, EPA's review will be followed
by a rulemaking process that will be transparent, follow proper
administrative procedures, include appropriate engagement with the
public, employ sound science, and be firmly grounded in the law.

3. Why is the EPA withdrawing the October 2015 Proposed Rule and the
CEIP Proposed Rule?

    The Executive Order directs the EPA to review the October 2015
Proposed Rule and, if appropriate, as soon as practicable and
consistent with law, consider revising or withdrawing the October 2015
Proposed Rule. In anticipation of the Executive Order, the EPA had
already begun a review of both the October 2015 Proposed Rule, and of
the CEIP Proposed Rule, which proposes implementation details for a
program that is directly connected to the CPP. In light of the policies
set forth in the Executive Order and the Agency's concurrent notice
initiating a review of the CPP, EPA has decided to withdraw the
Proposed Rules, for the reasons discussed below.
    At this time, the EPA is not under an obligation to finalize these
rulemakings, nor is there a time-sensitive need for them given the
Supreme Court stay of the CPP. The October 2015 proposal and the CEIP
proposal were issued at EPA's discretion to implement the 2015 CPP.
First, the proposed model trading rules were designed to provide a
sample for States wishing to adopt a trading program to implement the
CPP. It was the CPP, however, that was designed to establish the
binding requirements for state action, while the purpose of the
proposed model rules was to give states examples of how to design an
approvable program. While model rules may be helpful, they are not
required under the CAA. Second, under the Clean Air Act's principles of
cooperative federalism, hopefully a federal plan will never be needed
to implement Section 111(d) emission guidelines, and a federal plan
certainly is not statutorily required early in the implementation
process, when the Agency's focus is to assist States in developing
approvable state plans. Finally, the CEIP proposal provides details for
a voluntary program that was designed to help States and tribes meet
their CPP goals by removing barriers to investment in energy efficiency
in low-income communities and encouraging early investments in zero-
emitting renewable energy generation. The CEIP is not required by the
CAA. Furthermore, because the energy markets continue to change, the
appropriateness of the details of the CEIP proposal are dependent on
projected market conditions during the time period when it would apply.
Changes in CPP compliance dates, including state plan submission dates,
would likely necessitate a re-evaluation of the CEIP proposal details.
    When EPA initially made these proposals, it assumed that States
needed immediate guidance to develop state plans because EPA had set
state plan submission dates starting in September 2016. EPA also wanted
to be prepared to institute a federal plan immediately if a State
missed its submission date. Given the Supreme Court's stay of the CPP,
however, the CPP compliance

dates must be reviewed. Indeed, the first state plan submission date
has already passed, and other compliance dates are likely to pass while
the Supreme Court stay is pending. Further, under the Supreme Court's
stay of the CPP, States and other interested parties have not been
required nor expected to work towards meeting the compliance dates set
in the CPP. Thus, as the EPA conducts its review of the CPP and decides
what further action to take on the EGU emission guidelines, EPA will
ensure that any and all remaining compliance dates will be reasonable
and appropriate in light of the Supreme Court stay of the CPP and other
factors. Further state action will not be required unless and until
there is resolution of the pending litigation or the EPA issues new EGU
emission guidelines. This gives the EPA time to re-evaluate these CPP-
related proposals.
    The EPA believes it should use this time to re-evaluate these CPP-
related proposals and, if appropriate, put out re-proposals or new
proposals to ensure that the public is commenting on EPA's most up-to-
date thinking on these issues. There are a number of reasons why these
proposals may ultimately not reflect the Agency's reasoned policy
decisions reflecting both the current state of the energy market and
the agency's operative understanding of its statutory authority. First,
the Agency has announced that it is reviewing and, as appropriate, may
suspend, revise or rescind the CPP. Though our review of the CPP is
ongoing and any final decision to suspend, revise or rescind it will be
made only after EPA has provided notice and an opportunity for public
comment, it is possible that the CPP as promulgated in 2015 will be
rescinded and that new emission guidelines, if any, for existing EGUs
will be different from the CPP. Because the CPP-related Proposed Rules
are designed to provide implementation details related to the specific
requirements of the CPP, any changes to the CPP or new emission
guidelines would most likely require changes to these CPP-related
proposals. Thus, this preliminary action to withdraw these CPP-related
proposals will allow EPA to review them in light of its review of the
CPP and, if they are still needed, to determine the appropriate next
steps for these proposals, which may be to develop new proposals with
revisions to ensure they are consistent with and appropriately
implement revised emission guidelines, if any. Second, whether or not
the EPA makes any changes as a result of its review of the CPP, it is
appropriate for the EPA to re-evaluate the proposals in light of the
policies set forth in the Executive Order and ensure that what the
Agency proposes and seeks public comment on has been developed or
reviewed in light of those policies.
    As a final point, we want to be clear that our withdrawal of these
proposals is not based on any final substantive decision that we have
made with respect to these proposals. We are withdrawing these
proposals for the procedural reasons that we have discussed above to
promote the EPA's review of the CPP and future rulemaking process, and
ensure that interested parties have a full opportunity to comment on
proposals that reflect the Agency's most up-to-date and relevant
thinking. Thus, for the reasons stated above, EPA concludes that, at
this time, it is appropriate to withdraw the October 2015 Proposed Rule
and the CEIP Proposed Rule. The
    EPA intends to review these proposals in conjunction with its
comprehensive review of the CPP. Based on that review, the Agency will
determine how best to proceed, which may include the development of new
proposals consistent with the requirements of CAA Section 307(d).

4. Statutory Authority

    Pursuant to CAA Section 307(d)(1)(V), the Administrator is
determining that this withdrawal is subject to the provisions of CAA
Section 307(d). The statutory authority for this notice is provided by
Sections 111, 301 and 307(d) of the CAA as amended (42 U.S.C. 7411,
7601 and 7607(d)).

5. Impact Analysis

    Because the EPA is not promulgating any regulatory requirements,
there are no compliance costs or impacts associated with today's final
action.

6. Statutory and Executive Order Reviews

    Today's action does not establish new regulatory requirements.
Hence, the requirements of other regulatory statutes and Executive
Orders that generally apply to rulemakings (e.g., the Unfunded Mandate
Reform Act) do not apply to this action.

    Dated: March 28, 2017.
E. Scott Pruitt,
Administrator.
[FR Doc. 2017-06518 Filed 3-31-17; 8:45 am]
BILLING CODE 6560-50-P


8/24/07

Meeting with College and University Representatives

Attendees:

EPA/OSWER:

Susan Bodine

Matt Straus

Matt Hale

Greg Helms

Kristin Fitzgerald

College & University Representatives:

Robin Izzo, Princeton University and Chair of the Sector Strategy
Coordinating Committee

Peter Reinhardt, Yale University and Campus Safety Health and
Environmental Management Association (CSHEMA)

Barry Hartman, K&L Gates, counsel to American Council on Education

Zehra Graham, University of Massachusetts, Boston and Campus Consortium
for Environmental Excellence (C2E2)

Courtney Kerr, Easter Virginia Medical School

Kent Clawson, Colorado College

Maureen Kotlas, University of Maryland, College Park

Michelle Medea, National Association of College and University Business
Officers (NACUBO)

Representatives of several colleges and universities and their trade
associations met with EPA Office of Solid Waste and Emergency Response
(OSWER) management and staff to urge EPA to finalize the academic
laboratories hazardous waste rule (Subpart K).  They indicated that
contrary to many of the comments EPA received on the proposed rule that
colleges and universities would likely opt into Subpart K because it
addresses two urgent problems: the hazardous waste determination and
laboratory clean-outs.  They reiterated their support for many of the
“highest priorities” from the public comments that CSHEMA submitted
to the docket in August 2006, but said that their highest priority of
all is to finalize the rule.

The OSWER representatives asked a number of clarifying questions.


[Federal Register Volume 79, Number 43 (Wednesday, March 5, 2014)]
[Notices]
[Pages 12554-12556]
[FR Doc No: 2014-04789]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-71620; File No. SR-NYSE-2014-02]

Self-Regulatory Organizations; New York Stock Exchange LLC; Order
Granting Approval of Proposed Rule Change Amending Supplementary
Material .20 to NYSE Rule 103 Setting Forth Net Liquid Assets
Requirements for Member Organizations That Operate as Designated Market
Maker Units

February 27, 2014.

I. Introduction

    On January 6, 2014, the New York Stock Exchange LLC (the
``Exchange'' or ``NYSE'') filed with the Securities and Exchange
Commission (the ``Commission''), pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (the ``Act''),\1\ and Rule 19b-4
thereunder,\2\ a proposed rule change to amend Supplementary Material
.20 to NYSE Rule 103 (``NYSE Rule 103.20'' or the ``Rule''), which sets
forth net liquid asset requirements for NYSE member organizations that
operate as Designated Market Maker (``DMM'') units. The proposed rule
change was published for comment in the Federal Register on January 27,
2014.\3\ The Commission received no comments in response to the
proposal. This order approves the proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 71360 (January 21,
2014), 79 FR 4366 (``Exchange's Notice'').
---------------------------------------------------------------------------

II. Description of the Proposal

    The Exchange proposes to amend NYSE Rule 103.20, which sets forth
net liquid assets requirements for member organizations that operate as
DMM units.\4\ Specifically, the Exchange proposes to change the types
of financial assets and resources that would be allowed to fulfill the
net liquid assets requirement of NYSE Rule 103.20 and to reorganize and
add detail to the rule so that it is easier to understand.
---------------------------------------------------------------------------

    \4\ Pursuant to NYSE Rule 2(j), a DMM unit is defined as a
member organization or unit within a member organization that has
been approved to act as a DMM unit under NYSE Rule 98. Pursuant to
NYSE Rule 2(i), a DMM is defined as an individual member, officer,
partner, employee, or associated person of a DMM unit who is
approved by the Exchange to act in the capacity of a DMM.
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Current Rule

    Under NYSE Rule 103.20, the Exchange imposes a net liquid assets
requirement on each DMM unit that typically exceeds minimum net capital
requirement applicable to a broker-dealer pursuant to Rule 15c3-1 under
the Act.\5\ The Exchange indicates that the purpose of the rule is to
reasonably assure that each DMM unit maintains sufficient liquidity to
carry out its obligation to maintain an orderly market in its assigned
securities in times of market stress. The Exchange established the
formula for the current net liquid assets requirement in July 2011.\6\
Under current NYSE Rule 103.20, each DMM unit must maintain or have
allocated to it net liquid assets that are the greater of (1) $1
million or (2) $125,000 for each one-tenth of one percent (0.1%) of
Exchange transaction dollar volum \7\ in its registered securities that
are not exchange-traded funds (``ETFs''), plus a market risk add-on of
the average of the prior 20 business days' securities haircuts on its
DMM dealer's positions computed pursuant to certain parts of Rule 15c3-
1 under the Act (the ``Market Risk Add-on Charge'').\8\ DMM units
registered in ETFs must maintain the greater of $1 million or $500,000
for each ETF.\9\ A DMM unit must inform NYSE Regulation immediately
whenever the DMM unit is unable to comply with the requirements under
the Rule.
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    \5\ 17 CFR 240.15c3-1.
    \6\ See Securities Exchange Act Release No. 64918 (July 19,
2011), 76 FR 44390 (July 25, 2011) (SR-NYSE-2011-35).
    \7\ The term ``Exchange transaction dollar volume'' means the
most recent statistical data, calculated and provided by the NYSE on
a monthly basis. See NYSE Rule 103.20(b)(iii).
    \8\ The Market Risk Add-on Charge is computed using the average
of the prior twenty business days' securities haircuts on its DMM
dealer's positions computed pursuant to Rule 15c3-1(c)(2)(vi),
exclusive of paragraphs (N), under the Act. See NYSE Rule
103.20(b)(i)(B).
    \9\ See NYSE Rule 103.20(b)(i)(A).
---------------------------------------------------------------------------

    The term ``net liquid assets'' is currently defined as excess net
capital computed in accordance with the Rule 15c3-1 under the Act and
NYSE Rule

325,\10\ with the certain adjustments.\11\ Solely for the purpose of
maintaining a fair and orderly market, NYSE Regulation may, for a
period not to exceed five business days, allow a DMM unit to continue
to operate despite such DMM unit's noncompliance with the provisions of
the minimum requirements of NYSE Rule 103.20.
---------------------------------------------------------------------------

    \10\ The Commission notes that NYSE Rule 325 was deleted and
replaced by FINRA Rule 4110. See Exchange Act Release No. 61557
(February 22, 2010), 75 FR 9472 (March 2, 2010) (SR-NYSE-2010-10).
    \11\ The adjustments are as follows: (A) Additions for haircuts
and undue concentration charges taken pursuant to paragraph
(c)(2)(vi)(M) of Rule 15c3-1 under the Act on registered securities
in dealer accounts; (B) Deductions for clearing organization
deposits; and (C) Deductions for any cash surrender value of life
insurance policies allowable under Rule 15c3-1 under the Act. See
NYSE Rule 103.20(a)(iv).
---------------------------------------------------------------------------

Developments Since July 2011 Rule Implementation

    In the Exchange's filing, it noted many factors that have arisen
since July 2011, when the Exchange originally established the formula
for the net liquid asset requirements for DMM units that would support
modifying the DMM units' capital requirements. These factors, which
included legal and regulatory developments, market fragmentation, DMM
unit end-of-day inventory positions and position duration, and the use
of technology to manage market volatility are described in more detail
in the Exchange's Notice.\12\
---------------------------------------------------------------------------

    \12\ See supra note 3.
---------------------------------------------------------------------------

Proposed Rule Change

    The Exchange proposed to amend the NYSE Rule 103.20 to expand the
types of financial assets and resources permitted to be used by a DMM
unit to meet the minimum ``Net Liquid Assets'' requirement without
changing the aggregate level of Net Liquid Assets required for all DMM
units. Specifically, the proposal would permit some of DMM unit's Net
Liquid Assets \13\ to be comprised of ``Liquidity,'' which would be
defined to include certain undrawn committed lines of credit and actual
borrowings that are used to purchase DMM unit securities, U.S.
Treasuries, or reverse repurchase agreements or that are held as
cash.\14\ A DMM unit would be limited in the percentage of Net Liquid
Assets that could be comprised of Liquidity. Specifically, a DMM unit
would be required to derive at least 40% of its total required Net
Liquid Assets with ``Excess Net Capital'' (defined as excess net
capital computed in accordance with Rule 15c3-1 under the Act) that is
dedicated exclusively to the DMM unit's activities.\15\ In effect, this
requirement would limit the percentage of a DMM unit's Net Liquid
Assets to be comprised of no more than 60% in Liquidity.
---------------------------------------------------------------------------

    \13\ See proposed NYSE Rule 103.20(a)(1).
    \14\ See proposed NYSE Rule 103.20(a)(3).
    \15\ See proposed NYSE Rule 103.20(b)(2).
---------------------------------------------------------------------------

    The Liquidity that would be eligible to be included in a Net Liquid
Assets would also be subject to additional requirements. For example,
all Liquidity would be required to be subject to a minimum level of
commitment period (of not less than 30 calendar days), and a minimum
initial repayment term of not less than 30 calendar days.\16\ Moreover,
the Liquidity would be required to be included in a comprehensive
liquidity plan that provides for stress testing of the Liquidity that
must show, among other things, that there would be excess Liquidity
available to the DMM unit for 30 calendar days beyond the date of the
Net Liquid Assets computation.\17\
---------------------------------------------------------------------------

    \16\ See proposed NYSE Rule 103.20(a)(4).
    \17\ See proposed NYSE Rule 103.20(a)(5).
---------------------------------------------------------------------------

    The Exchange also proposes to eliminate the separate, additional
financial requirement for ETFs.\18\ In justifying the elimination of
these additional requirements for ETFs, the Exchange indicated that it
believes that DMM units should be subject to the same Net Liquid Assets
Requirements for ETFs as for other securities and notes that if a DMM
unit were assigned a significant number of ETFs, the Net Liquid Assets
Requirement for those ETFs would significantly exceed the Net Liquid
Assets Requirement applicable to an equal number of other
securities.\19\
---------------------------------------------------------------------------

    \18\ See NYSE Rule 103.20(a)(ii).
    \19\ The Exchange further notes that the current ETF financial
requirements date back to a time when the overall financial
requirements for specialists (predecessors to DMM units) were
significantly higher, and have not been modernized to account for a
changing micro and macro market structure, despite decreases in the
financial requirements applicable to other securities. See
Securities Exchange Act Release No. 54205 (July 25, 2006), 71 FR
43260 (July 31, 2006) (SR-NYSE-2005-38).
---------------------------------------------------------------------------

    The proposed rule change would also eliminate the Market Risk Add-
on Charge,\20\ as well as the adjustments to the Net Liquid Assets
described above.\21\ In addition, the proposal would require written
approval by NYSE Regulation for any joint account involving two or more
DMM units.\22\
---------------------------------------------------------------------------

    \20\ See note 8 supra.
    \21\ See note 11 supra.
    \22\ See proposed NYSE Rule 103.20(b)(3).
---------------------------------------------------------------------------

    The proposed rule change would delineate the circumstances where a
DMM unit must notify NYSE Regulation, or its designee, immediately.\23\
The proposal also would maintain the Exchange's flexibility to allow a
DMM unit to continue to operate as a DMM for a limited period of time
(of no more than five business days) when the DMM unit fails to meet
the requirements of NYSE Rule 103.20, and clarifies that a DMM unit
that is granted permission by NYSE Regulation to continue to operate
for up to five business days may continue to operate as such thereafter
if the DMM unit resolves the condition within the period of time
granted by NYSE Regulation.
---------------------------------------------------------------------------

    \23\ Specifically, a DMM unit would be required to notify NYSE
Regulation when: (A) the DMM unit's Net Liquid Assets fall below the
minimum requirements; (B) the percentage of Net Liquid Assets
derived from the DMM unit's Excess Net Capital falls below 40% of
the total Net Liquid Assets requirement; (C) Liquidity has a
commitment term of less than 30 calendar days from the date of the
DMM unit's Net Liquid Assets computation; (D) the DMM unit is not in
compliance with one or more terms of its loan or commitment
agreements relating to its DMM activities; or (E) The repayment date
of any actual borrowing is 30 days or less.
    See proposed NYSE Rule 103.20(c)(1).
---------------------------------------------------------------------------

    The Exchange believes that the proposed change would result in DMM
units maintaining a robust level of capital through a means that is
less burdensome for DMM units to satisfy. The Exchange notes that it
would continue to assess DMM unit financial requirements and that the
Financial Industry Regulatory Authority, Inc. (``FINRA''), on behalf of
the Exchange, would monitor DMM unit Net Liquid Assets on a daily
basis.\24\ The Exchange would notify DMM units of the implementation
date of this rule change via a Member Education Bulletin.
---------------------------------------------------------------------------

    \24\ See NYSE Rule 0 (describing the regulatory services
agreement between NYSE and FINRA). In particular, FINRA would
monitor actual DMM unit borrowings after the effective date of the
proposed rule to assess whether proceeds have been used to purchase
DMM unit securities, U.S. Treasury securities, or reverse repurchase
agreements collateralized by U.S. Treasury securities, or are held
as cash. This could be accomplished, for example, by comparing the
timing of the borrowings to the timing of a DMM unit's purchases of
the corresponding assets.
---------------------------------------------------------------------------

III. Discussion of Commission Findings

    After careful review and for the reasons discussed below, the
Commission finds that the proposed rule change is consistent with the
requirements of the Act, including Section 6 of the Act,\25\ and the
rules and regulations thereunder applicable to a national securities
exchange.\26\ In particular, the Commission finds that the proposed
rule change is consistent

with Section 6(b)(5) of the Act,\27\ which requires, among other
things, that the rules of a national securities exchange be designed to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, and, in general, to protect
investors and the public interest, to facilitate transactions in
securities, and to remove impediments to and perfect the mechanism of a
free and open market and a national market system.
---------------------------------------------------------------------------

    \25\ 15 U.S.C. 78f.
    \26\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \27\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Commission believes that the expansion of the the types of
assets that will be available for a DMM unit to include in its Net
Liquid Assets requirement should facilitate a DMM unit's ability to
meet the minimum capital requirements imposed by the Exchange, thus
removing impediments to a free and open market. The proposal's
requirement that a DMM unit derive at least 40% of its total required
Net Liquid Assets with Excess Net Capital appears to be reasonably
designed to protect investors and the public interest because the Rule
will continue to require that a DMM unit hold a portion of capital that
is derived from sources recognized by the Commission as allowable for a
broker-dealer to meet its minimum net capital requirement.\28\ In
making this finding, the Commission notes that the Exchange represented
in its filing that it believes that the 40% level exceeds the amount of
capital that historical DMM unit losses have required. The Commission
also believes that the proposal's delineation of the circumstances
under which a DMM unit must immediately notify NYSE Regulation, such as
when its Net Liquid Assets fall below the minimum threshold of the
Rule, is reasonably designed to protect investors and the public
interest and prevent fraudulent and manipulative acts and practices.
---------------------------------------------------------------------------

    \28\ See Rule 15c3-1 under the Act.
---------------------------------------------------------------------------

    The Commission also believes that the Exchange's removal of the
Market Risk Add-on Charge and the elimination of the deductions for
clearing organization deposits and the cash surrender value of certain
life insurance policies is also reasonably designed to facilitate
transactions in securities and perfect the mechanism of a free and open
market. In its filing, the Exchange noted that the overall DMM unit
risk levels have declined since the original implementation of NYSE
Rule 103.20, the overall consolidated Tape A volume as well as the
Exchange's average daily volume of shares traded have declined
approximately 30% since 2010, the average value of DMM units' end-of-
day position inventories have decreased by over half since the last
time the Exchange filed to amend the DMM net capital requirements, and
the duration of a DMM unit's position is much shorter than it was in
years past. The Commission believes that these factors support the
Exchange's rationale for changing the Rule.
    The Commission also believes that harmonizing the financial
requirements applicable to DMM units responsible for ETFs with the
requirements applicable to DMM units responsible for other securities
promotes just and equitable principles of trade. The Exchange
represented that it does not currently list or trade ETFs, and that the
enhanced financial requirements for DMM units responsible for ETFs date
back to a time when the overall financial requirements for specialists
(predecessors to DMM units) were significantly higher, and have not
been modernized to account for a changing micro and macro market
structure, despite decreases in the financial requirements applicable
to other securities.
    The Commission also finds that the proposed rule change is
consistent with Section 6(b)(8) of the Act,\29\ which requires that the
rules of a national securities exchange not impose any burden on
competition not necessary or appropriate in furtherance of the purposes
of the Act. The Commission believes that the easing of financial
requirements for DMM units should promote competition in that it will
permit a greater number of broker-dealers to qualify as DMMs while
still providing assurances that DMMs have the financial wherewithal to
undertake the responsibilities that attend to such a role. Finally, the
conditions under which a DMM unit must notify NYSE Regulation under the
proposal appear to be narrowly tailored to meet the objective of
keeping NYSE Regulation informed of financially troubled DMM units.
---------------------------------------------------------------------------

    \29\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\30\ that the proposed rule change (SR-NYSE-2014-02) be, and it is
hereby is, approved.
---------------------------------------------------------------------------

    \30\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\31\
---------------------------------------------------------------------------

    \31\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-04789 Filed 3-4-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 226 (Monday, November 24, 2014)]
[Notices]
[Pages 69989-69990]
[FR Doc No: 2014-27741]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0105]

Qualification of Drivers; Application for Exemptions; Hearing

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

ACTION: Notice of applications for exemptions; request for comments.

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

SUMMARY: FMCSA announces that 10 individuals have applied for a medical
exemption from the hearing requirement in the Federal Motor Carrier
Safety Regulations (FMCSRs). In accordance with the statutory
requirements concerning applications for exemptions, FMCSA requests
public comments on these requests. The statute and implementing
regulations concerning exemptions require that exemptions must provide
an equivalent or greater level of safety than if they were not granted.
If the Agency determines the exemptions would satisfy the statutory
requirements and decides to grant theses requests after reviewing the
public comments submitted in response to this notice, the exemptions
would enable 10 individuals to operate CMVs in interstate commerce.

DATES: Comments must be received on or before December 24, 2014.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2014-0105 using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
ET, Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket numbers for this notice. Note that all comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading below
for further information.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time 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., ET, Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day, 365
days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review DOT's Privacy Act Statement for the FDMS published in
the Federal Register on January 17, 2008 (73 FR 3316), or you may visit
http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief Medical
Programs,<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., Monday
through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    The Federal Motor Carrier Safety Administration has authority to
grant exemptions from many of the Federal Motor Carrier Safety
Regulations (FMCSRs) under 49 U.S.C. 31315 and 31136(e), as amended by
Section 4007 of the Transportation Equity Act for the 21st Century
(TEA-21) (Pub. L. 105-178, June 9, 1998, 112 Stat. 107, 401). FMCSA has
published in 49 CFR part 381, subpart C final rules implementing the
statutory changes in its exemption procedures made by section 4007, 69
FR 51589 (August 20, 2004).\1\ Under the rules in part 381, subpart C,
FMCSA must publish a notice of each exemption request in the Federal
Register. The Agency must provide the public with an opportunity to
inspect the information relevant to the application, including any
safety analyses that have been conducted and any research reports,
technical papers and other publications referenced in the application.
The Agency must also provide an opportunity to submit public comment on
the applications for exemption.
---------------------------------------------------------------------------

    \1\ This action adopted as final rules the interim final rules
issued by FMCSA's predecessor in 1998 (63 FR 67600 (Dec. 8, 2008)),
and adopted by FMCSA in 2001 [66 FR 49867 (Oct. 1, 2001)].
---------------------------------------------------------------------------

    The Agency reviews the safety analyses and the public comments and
determines whether granting the exemption would likely achieve a level
of safety equivalent to or greater than the level that would be
achieved without the exemption. The decision of the Agency must be
published in the Federal Register. If the Agency denies the request, it
must state the reason for doing so. If the decision is to grant the
exemption, the notice must specify the person or class of persons
receiving the

exemption and the regulatory provision or provisions from which an
exemption is granted. The notice must also specify the effective period
of the exemption (up to 2 years) and explain the terms and conditions
of the exemption. The exemption may be renewed.
    The current provisions of the FMCSRs concerning hearing state that
a person is physically qualified to drive a CMV if that person

    First perceives a forced whispered voice in the better ear at
not less than 5 feet with or without the use of a hearing aid or, if
tested by use of an audiometric device, does not have an average
hearing loss in the better ear greater than 40 decibels at 500 Hz,
1,000 Hz, and 2,000 Hz with or without a hearing aid when the
audiometric device is calibrated to American National Standard
(formerly ASA Standard) Z24.5--1951.

49 CFR 391.41(b)(11). This standard was adopted in 1970, with a
revision in 1971 to allow drivers to be qualified under this standard
while wearing a hearing aid, 35 FR 6458, 6463 (April 22, 1970) and 36
FR 12857 (July 3, 1971).
    FMCSA also issues instructions for completing the medical
examination report and includes advisory criteria on the report itself
to provide guidance for medical examiners in applying the hearing
standard. See 49 CFR 391.43(f). The current advisory criteria for the
hearing standard include a reference to a report entitled ``Hearing
Disorders and Commercial Motor Vehicle Drivers'' prepared for the
Federal Highway Administration, FMCSA's predecessor, in 1993.\2\
---------------------------------------------------------------------------

    \2\ This report is available on the FMCSA Web site at http://www.fmcsa.dot.gov/facts-research/research-technology/publications/medreport_archives.htm.
---------------------------------------------------------------------------

FMCSA Requests Comments on the Exemption Applications

    FMCSA requests comments from all interested parties on whether a
driver who cannot meet the hearing standard should be permitted to
operate a CMV in interstate commerce. Further, the Agency asks for
comments on whether a driver who cannot meet the hearing standard
should be limited to operating only certain types of vehicles in
interstate commerce, for example, vehicles without air brakes. The
statute and implementing regulations concerning exemptions require that
the Agency request public comments on all applications for exemptions.
The Agency is also required to make a determination that an exemption
would likely achieve a level of safety that is equivalent to, or
greater than, the level that would be achieved absent such exemption
before granting any such requests.

Submitting Comments

    You may submit your comments and material online or by fax, mail,
or hand delivery, but please use only one of these means. FMCSA
recommends that you include your name and a mailing address, an email
address, or a phone number in the body of your document so that FMCSA
can contact you if there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and
in the search box insert the docket number ``FMCSA-2014-0105'' and
click the search button. When the new screen appears, click on the blue
``Comment Now!'' button on the right hand side of the page. On the new
page, enter information required including the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. If you submit your comments by mail or
hand delivery, submit them in an unbound format, no larger than 8\1/2\
by 11 inches, suitable for copying and electronic filing. If you submit
comments by mail and would like to know that they reached the facility,
please enclose a stamped, self-addressed postcard or envelope.
    We will consider all comments and material received during the
comment period and may change this proposed rule based on your
comments. FMCSA may issue a final rule at any time after the close of
the comment period.

Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this
preamble, To submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number
``FMCSA-2014-0105'' and click ``Search.'' Next, click ``Open Docket
Folder'' and you will find all documents and comments related to the
proposed rulemaking.

Information on Individual Applicants

Clayton L. Ashby

    Mr. Ashby, 27, holds an operator's license in Virginia.

Joseph G. Cerna-Nieves

    Mr. Cerna-Nieves, 23, holds an operator's license in Florida.

Steven C. Levine

    Mr. Levine, 39, holds an operator's license in New York.

Donna Neri

    Ms. Neri, 50, holds an operator's license in Arizona.

Brenda J. Palmigiano

    Ms. Palmigiano, 55, holds a Class A commercial driver's license
(CDL) in New York.

Lon Edward Smith

    Mr. Smith, 79, holds an operator's license in Mississippi.

Mark Taylor

    Mr. Taylor, 45, holds an operator's license in Arizona.

James Clark Tillis

    Mr. Tillis, 52, holds an operator's license in Alabama.

Bruce N. Walker

    Mr. Walker, 65, holds an operator's license in New York.

Tommy Mark Weldon

    Mr. Weldon, 51, holds an operator's license in Georgia.

Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315(b)(4), FMCSA
requests public comment from all interested persons on the exemption
petitions described in this notice. The Agency will consider all
comments received before the close of business December 24, 2014.
Comments will be available for examination in the docket at the
location listed under the ADDRESSES section of this notice. The Agency
will file comments received after the comment closing date in the
public docket, and will consider them to the extent practicable. In
addition to late comments, FMCSA will also continue to file, in the
public docket, relevant information that becomes available after the
comment closing date. Interested persons should monitor the public
docket for new material.

    Issued on: November 17, 2014.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2014-27741 Filed 11-21-14; 8:45 am]
BILLING CODE 4910-EX-P?USGPO Galley End:?>


U.S. ENVIRONMENTAL PROTECTION AGENCY

Farm, Ranch, and Rural Communities

Committee (FRRCC)

MEETING AGENDA

December 12, 2011

U.S. Environmental Protection Agency

1200 Pennsylvania Ave, NW

Washington, DC 20460

Ariel Rios North Building, Room 3530

9:30 am	Registration

10:00		Call to Order / Discussion of Meeting Agenda

Alicia Kaiser, FRRCC Designated Federal Officer

Steven Balling, FRRCC Chair

Lawrence Elworth, Agricultural Counselor to the Administrator, EPA

10:15	Formal Approval of Final FRRCC Report

11:00	Discuss Briefing Schedule for Senior EPA and USDA Officials

11:15	Discuss Ideas for Future of FRRCC

12:00 pm	Adjourn


CO2i = Annual CO2 mass emissions that would
result from the combustion or oxidation of natural gas received at
the city gate as calculated in paragraph (a)(1) or (2) of this
section (metric tons).
CO2j = Annual CO2 mass emissions that would
result from the combustion or oxidation of natural gas delivered to
transmission pipelines or other LDCs as calculated in paragraph
(b)(1) of this section (metric tons).
CO2k = Annual CO2 mass emissions that would
result from the combustion or oxidation of natural gas delivered to
each large end-user as calculated in paragraph (b)(2) of this
section (metric tons).
CO2l = Annual CO2 mass emissions that would
result from the combustion or oxidation of the net change in natural
gas stored by the LDC within the reported year as calculated in
paragraph (b)(3)(i) of this section (metric tons).
CO2n = Annual CO2 mass emissions that would
result from the combustion or oxidation of natural gas that was
received by the LDC directly from sources bypassing the city gate,
and is not otherwise accounted for in Equation NN-1 or NN-2 of this
section, as calculated in paragraph (b)(3)(ii) of this section
(metric tons).
    (c) * * *
    (2) Calculate the total CO2 equivalent emissions that
would result from the combustion or oxidation of fractionated NGLs
supplied less the quantity received from other fractionators using
Equation NN-8 of this section.
* * * * *
    CO2 = Annual CO2 mass emissions that would
result from the combustion or oxidation of fractionated NGLs
delivered to customers or on behalf of customers less the quantity
received from other fractionators (metric tons).
* * * * *

0
97. Section 98.404 is amended by:
0
a. Revising paragraphs (a)(5) introductory text, (a)(7), (a)(8)
introductory text, and (a)(8)(ii).
0
b. Adding paragraph (a)(8)(iii).
0
c. Revising paragraphs (a)(9), (c)(2), and (d)(1) and (2).
0
d. Adding paragraph (d)(3).
    The revisions and additions read as follows:

Sec.  98.404  Monitoring and QA/QC requirements.

    (a) * * *
    (5) For an LDC using Equation NN-1 or NN-2 of this subpart, the
point(s) of measurement for the natural gas volume received shall be
the LDC city gate meter(s).
* * * * *
    (7) An LDC using Equation NN-4 of this subpart shall measure
natural gas at the large end-user's meter(s). Where a large end-user is
known to have more than one meter located at their facility, based on
readily available information in the LDCs possession, the reporter
shall measure the natural gas at each meter and sum the annual volume
delivered to all meters located at the end-user's facility to determine
the total volume delivered to the large end-user. Otherwise, the
reporter shall consider the total annual volume delivered through each
single meter at a single particular location to be the volume delivered
to an individual large end-user.

    (8) An LDC using Equation NN-5a and/or NN-5b of this subpart shall
measure natural gas as follows:
* * * * *
    (ii) Fuel2 shall be measured at the meters used for
measuring on-system storage withdrawals and/or LNG vaporization
injection.
    (iii) Fuelz shall be measured using established business
practices.
    (9) An LDC shall measure all natural gas under the following
standard industry temperature and pressure conditions: Cubic foot of
gas at a temperature of 60 degrees Fahrenheit and at an absolute
pressure of one atmosphere.
* * * * *
    (c) * * *
    (2) When a reporter used the default EF provided in this section to
calculate Equation NN-2, NN-3, NN-4, NN-5a, NN-5b, or NN-7 of this
subpart, the appropriate value shall be taken from Table NN-2 of this
subpart.
* * * * *
    (d) * * *
    (1) Equipment used to measure quantities in Equations NN-1, NN-2,
NN-5a and NN-5b of this subpart shall be calibrated prior to its first
use for reporting under this subpart, using a suitable standard method
published by a consensus based standards organization or according to
the equipment manufacturer's directions.
    (2) Equipment used to measure quantities in Equations NN-1, NN-2,
NN-5a, and NN-5b of this subpart shall be recalibrated at the frequency
specified by the standard method used or by the manufacturer's
directions.
    (3) Equipment used to measure quantities in Equations NN-3 and NN-4
of this subpart shall be recalibrated at the frequency commonly used
within the industry.

Sec.  98.405  [Amended]

0
98. Section 98.405 is amended by removing and reserving paragraph
(c)(3).
0
99. Section 98.406 is amended by:
0
a. Revising paragraph (a)(4) and (7).
0
b. Revising paragraphs (b)(2) and (3).
0
c. Removing and reserving paragraph (b)(4).
0
d. Revising paragraphs (b)(5), (b)(7), (b)(9), and (b)(12) introductory
text.
    The revisions read as follows:

Sec.  98.406  Data reporting requirements.

    (a) * * *
    (4) Annual quantities (in barrels) of y-grade, o-grade, and other
bulk NGLs:
    (i) Received.
    (ii) Supplied to downstream users that are not fractionated by the
reporter.
* * * * *
    (7) Annual CO2 mass emissions (metric tons) that would
result from the combustion or oxidation of fractionated NGLs supplied
less the quantity received from other fractionators, calculated in
accordance with Sec.  98.403(c)(2). If the calculated value is
negative, the reporter shall report the value as zero.
* * * * *
    (b) * * *
    (2) Annual volume in Mscf of natural gas placed into storage or
liquefied and stored (Fuel1 in Equation NN-5a).
    (3) Annual volume in Mscf of natural gas withdrawn from on-system
storage and annual volume in Mscf of vaporized liquefied natural gas
(LNG) withdrawn from storage for delivery on the distribution system
(Fuel2 in Equation NN-5a).
    (5) Annual volume in Mscf of natural gas that bypassed the city
gate(s) and was supplied through the LDC distribution system. This
includes natural gas from producers and natural gas processing plants
from local production, or natural gas that was vaporized upon receipt
and delivered, and any other source that bypassed the city gate
(Fuelz in Equation NN-5b).
* * * * *
    (7) Annual volume in Mscf of natural gas delivered by the LDC to
each large end-user as defined in Sec.  98.403(b)(2)(i) of this
section.
* * * * *
    (9) Annual CO2 emissions (metric tons) that would result
from the complete combustion or oxidation of the annual supply of
natural gas to end-users registering less than 460,000 Mscf, calculated
in accordance with Sec.  98.403(b)(4). If the calculated value is
negative, the reporter shall report the value as zero.
* * * * *
    (12) The customer name, address, and meter number of each large
end-user reported in paragraph (b)(7) of this section. Additionally,
report whether the quantity of natural gas reported in paragraph (b)(7)
of this section is the total quantity delivered to a large end-user's
facility, or the quantity delivered to a specific meter located at the
facility.
* * * * *
0
100. Section 98.407 is amended by revising the introductory text to
read as follows:

Sec.  98.407  Records that must be retained.

    In addition to the information required by Sec.  98.3(g), the
reporter shall retain the following records:
* * * * *

0
101. Table NN-1 to subpart NN is revised to read as follows:

  Table NN-1 to Subpart NN of Part 98--Default Factors for Calculation
                      Methodology 1 of This Subpart
------------------------------------------------------------------------
                                                              Default
                                                             CO[ihel2]
                                       Default higher        emission
               Fuel                   heating value \1\     factor (kg
                                                            CO[ihel2]/
                                                              MMBtu)
------------------------------------------------------------------------
Natural Gas.......................  1.026 MMBtu/Mscf....           53.06
Propane...........................  3.84 MMBtu/bbl......           62.87
Normal butane.....................  4.34 MMBtu/bbl......           64.77
Ethane............................  2.85 MMBtu/bbl......           59.60
Isobutane.........................  4.16 MMBtu/bbl......           64.94
Pentanes plus.....................  4.62 MMBtu/bbl......           70.02
------------------------------------------------------------------------
\1\ Conditions for higher heating values presented in MMBtu/bbl are
  60[deg]F and saturation pressure.

0
102. Table NN-1 to subpart NN is revised to read as follows:

   Table NN-2 to Subpart NN of Part 98--Default Values for Calculation
                      Methodology 2 of This Subpart
------------------------------------------------------------------------
                                                              Default
                                                             CO[ihel2]
               Fuel                         Unit          emission value
                                                          (MT CO[ihel2]/
                                                             Unit) \1\
------------------------------------------------------------------------
Natural Gas.......................  Mscf................          0.0544
Propane...........................  Barrel..............           0.241
Normal butane.....................  Barrel..............           0.281
Ethane............................  Barrel..............           0.170
Isobutane.........................  Barrel..............           0.270
Pentanes plus.....................  Barrel..............           0.324
------------------------------------------------------------------------
\1\ Conditions for emission value presented in MT CO[ihel2]/bbl are
  60[deg]F and saturation pressure.

Subpart PP--[AMENDED]

0
103. Section 98.423 is amended by revising paragraph (a)(3)(i)
introductory text to read as follows:

Sec.  98.423  Calculating CO2 supply.

    (a) * * *
    (3) * * *
    (i) For facilities with production process units or production
wells that capture or extract a CO2 stream and either
measure it after segregation or do not segregate the flow, calculate
the total CO2 supplied in accordance with Equation PP-3a in
paragraph (a)(3).
* * * * *

0
104. Section 98.426 is amended by revising paragraphs (b)(4)(i) and
(ii) and (f)(10) and (11) to read as follows:

Sec.  98.426  Data reporting requirements.

* * * * *
    (b) * * *
    (4) * * *
    (i) Quarterly density of the CO2 stream in metric tons
per standard cubic meter if you report the concentration of the
CO2 stream in paragraph (b)(3) of this section in weight
percent.
    (ii) Quarterly density of CO2 in metric tons per
standard cubic meter if you report the concentration of the
CO2 stream in paragraph (b)(3) of this section in volume
percent.
* * * * *
    (f) * * *
    (10) Injection of carbon dioxide for enhanced oil and natural gas
recovery that is covered by subpart UU of this part.
    (11) Geologic sequestration of carbon dioxide that is covered by
subpart RR of this part.
* * * * *

Subpart QQ--[AMENDED]

0
105. Section 98.433 is amended by revising the parameter
``St'' of Equation QQ-1 in paragraph (a) and Equation QQ-2
in paragraph (b) to read as follows:

Sec.  98.433  Calculating GHG contained in pre-charged equipment or
closed-cell foams.

    (a) * * *
* * * * *
St = Mass of fluorinated GHG per unit of equipment type t
or foam type t (charge per piece of equipment, kg) or density of
fluorinated GHG in foam (charge per cubic foot of foam, kg per cubic
foot).
* * * * *
    (b) * * *
* * * * *
St = Mass in CO2e of the fluorinated GHGs per
unit of equipment type t or foam type t (charge per piece of
equipment, kg) or density of fluorinated GHG in foam
(CO2e per cubic foot of foam, kg CO2e per
cubic foot).
* * * * *

0
106. Section 98.434 is amended by revising paragraph (b) to read as
follows:

Sec.  98.434  Monitoring and QA/QC requirements.

* * * * *
    (b) The inputs to the annual submission must be reviewed against
the import or export transaction records to ensure that the information
submitted to EPA is being accurately transcribed as the correct
chemical or blend in the correct pre-charged equipment or closed-cell
foam in the correct quantities and units.

0
107. Section 98.436 is amended by:
0
a. Revising paragraphs (a)(3), (a)(4), (a)(6)(ii), (a)(6)(iii), (b)(3),
(b)(4), and (b)(6)(ii) and (iii).
0
b. Removing and reserving paragraphs (a)(5), (a)(6)(iv), (b)(5), and
(b)(6)(iv).
    The revisions read as follows:

Sec.  98.436  Data reporting requirements.

    (a) * * *
    (3) For closed-cell foams that are imported inside of equipment,
the identity of the fluorinated GHG contained in the foam, the mass of
the fluorinated GHG contained in the foam in each piece of equipment,
and the number of pieces of equipment imported with each unique
combination of mass and identity of fluorinated GHG within the closed-
cell foams.
    (4) For closed cell-foams that are not imported inside of
equipment, the identity of the fluorinated GHG in the foam, the density
of the fluorinated GHG in the foam (kg fluorinated GHG/cubic foot), and
the volume of foam imported (cubic feet) for each type of closed-cell
foam with a unique combination of fluorinated GHG density and identity.
* * * * *
    (6) * * *
    (ii) For closed-cell foams that are imported inside of equipment,
the mass of the fluorinated GHGs in CO2e contained in the
foam in each piece of equipment and the number of pieces of equipment
imported for each equipment type.
    (iii) For closed-cell foams that are not imported inside of
equipment, the density in CO2e of the fluorinated GHGs in
the foam (kg CO2e/cubic foot) and the volume of foam
imported (cubic feet) for each type of closed-cell foam.
* * * * *
    (b) * * *
    (3) For closed-cell foams that are exported inside of equipment,
the identity of the fluorinated GHG contained in the foam in each piece
of equipment, the mass of the fluorinated GHG contained in the foam in
each piece of equipment, and the number of pieces of equipment exported
with each unique combination of mass and identity of fluorinated GHG
within the closed-cell foams.
    (4) For closed-cell foams that are not exported inside of
equipment, the identity of the fluorinated GHG in the foam, the density
of the fluorinated GHG in the foam (kg fluorinated GHG/cubic foot), and
the volume of foam exported (cubic feet) for each type of closed-cell
foam with a unique combination of fluorinated GHG density and identity.
* * * * *
    (6) * * *
    (ii) For closed-cell foams that are exported inside of equipment,
the mass of the fluorinated GHGs in CO2e contained in the
foam in each piece of equipment and the number of pieces of equipment
imported for each equipment type.
    (iii) For closed-cell foams that are not exported inside of
equipment, the density in CO2e of the fluorinated GHGs in
the foam (kg CO2 e/cubic foot) and the volume of foam
imported (cubic feet) for each type of closed-cell foam.
* * * * *

0
108. Section 98.438 is amended by revising the definitions for
``Closed-cell foam'' and ``Pre-charged electrical equipment component''
to read as follows:

Sec.  98.438  Definitions.

* * * * *
    Closed-cell foam means any foam product, excluding packaging foam,
that is constructed with a closed-cell structure and a blowing agent
containing a fluorinated GHG. Closed-cell foams include but are not
limited to polyurethane (PU) foam contained in equipment, PU continuous
and discontinuous panel foam, PU one component foam, PU spray foam,
extruded polystyrene (XPS) boardstock foam, and XPS sheet foam.
Packaging foam means foam used exclusively during shipment or storage
to temporarily enclose items.
* * * * *
    Pre-charged electrical equipment component means any portion of
electrical equipment that is charged with a fluorinated greenhouse gas
prior to sale or distribution or offer for sale or distribution in
interstate commerce.

Subpart RR--[AMENDED]

0
109. Section 98.443 is amended by:
0
a. Revising the parameter ``Sr,p'' to Equation RR-2 in
paragraph (b)(2).
0
b. Revising the last sentence of paragraph (d)(3) introductory text.
0
c. Revising the parameter ``CO2FI'' of Equation RR-12 in
paragraph (f)(2).
    The revisions read as follows:

Sec.  98.443  Calculating CO2 geologic sequestration.

* * * * *
    (b) * * *
    (2) * * *
* * * * *
Sr,p = Quarterly volume of contents in containers r
redelivered to another facility without being injected into your
well in quarter p (standard cubic meters).
* * * * *
    (d) * * *

    (3) * * * The considerations you intend to use to calculate
CO2 from produced fluids for the mass balance equation must
be described in your approved MRV plan in accordance with Sec.
98.448(a)(5).
* * * * *
    (f) * * *
    (2) * * *
* * * * *
CO2FI = Total annual CO2 mass emitted (metric
tons) from equipment leaks and vented emissions of CO2
from equipment located on the surface between the flow meter used to
measure injection quantity and the injection wellhead, for which a
calculation procedure is provided in subpart W of this part.

0
110. Section 98.446 is amended by revising paragraph (b)(5) to read as
follows:

Sec.  98.446  Data reporting requirements.

* * * * *
    (b) * * *
    (5) The standard or method used to calculate each value in
paragraphs (b)(1), (b)(2), and (b)(3) of this section.
* * * * *

Subpart SS--[AMENDED]

0
111. Section 98.453 is amended by:
0
a. Revising paragraph (d).
0
b. Revising paragraph (h).
0
c. Revising the parameter ``MF'' of Equation SS-6 in paragraph (i).
    The revisions read as follows:

Sec.  98.453  Calculating GHG emissions.

* * * * *
    (d) Estimate the mass of SF6 or PFCs disbursed to
customers in new equipment or cylinders over the period p by monitoring
the mass flow of the SF6 or PFCs into the new equipment or
cylinders using a flowmeter, or by weighing containers before and after
gas from containers is used to fill equipment or cylinders, or by using
the nameplate capacity of the equipment.
* * * * *
    (h) If the mass of SF6 or the PFC disbursed to customers
in new equipment or cylinders over the period p is determined by using
the nameplate capacity, or by using the nameplate capacity of the
equipment and calculating the partial shipping charge, use the methods
in either paragraph (h)(1) or (h)(2) of this section.
    (1) Determine the equipment's actual nameplate capacity, by
measuring the nameplate capacities of a representative sample of each
make and model and calculating the mean value for each make and model
as specified at Sec.  98.454(f).
    (2) If equipment is shipped with a partial charge, calculate the
partial shipping charge by multiplying the nameplate capacity of the
equipment by the ratio of the densities of the partial charge to the
full charge.
    (i) * * *
* * * * *
MF = The total annual mass of the SF6 or PFCs, in pounds, used to
fill equipment during equipment installation at electric
transmission or distribution facilities.
* * * * *

0
112. Section 98.456 is amended by revising paragraphs (m), (o), and (p)
to read as follows:

Sec.  98.456  Data reporting requirements.

* * * * *
    (m) The values for EFci of Equation SS-5 of this subpart
for each hose and valve combination and the associated valve fitting
sizes and hose diameters.
* * * * *
    (o) If the mass of SF6 or the PFC disbursed to customers
in new equipment over the period p is determined according to the
methods required in Sec.  98.453(h), report the mean value of nameplate
capacity in pounds for each make, model, and group of conditions.
    (p) If the mass of SF6 or the PFC disbursed to customers
in new equipment over the period p is determined according to the
methods required in Sec.  98.453(h), report the number of samples and
the upper and lower bounds on the 95 percent confidence interval for
each make, model, and group of conditions.
* * * * *

Subpart TT--[AMENDED]

0
113. Section 98.460 is amended by revising paragraph (c)(2)(xiii) to
read as follows:

Sec.  98.460  Definition of the source category.

* * * * *
    (c) * * *
    (2) * * *
    (xiii) Other waste material that has a DOC value of 0.3 weight
percent (on a wet basis) or less. DOC value must be determined using a
60-day anaerobic biodegradation test procedure identified in Sec.
98.464(b)(4)(i).
* * * * *

0
114. Section 98.463 is amended by:
0
a. Revising the parameter ``DOCF'' of Equation TT-1 in
paragraph (a)(1).
0
b. Removing the parameter ``Fx'' of Equation TT-1 and adding
in its place the parameter ``F''.
0
c. Revising Equation TT-4b in paragraph (a)(2)(ii)(C).
0
d. Revising the parameter ``OX'' of Equation TT-6 in paragraph (b)(1).
    The revisions read as follows:

Sec.  98.463  Calculating GHG emissions.

    (a) * * *
    (1) * * *
* * * * *
DOCF = Fraction of DOC dissimilated (fraction); use the
default value of 0.5. If measured values of DOC are available using
the 60-day anaerobic biodegradation test procedure identified in
Sec.  98.464(b)(4)(i), use a default value of 1.0.
* * * * *
F = Fraction by volume of CH4 in landfill gas (fraction,
dry basis, corrected to 0% oxygen). If you have a gas collection
system, use the annual average CH4 concentration from
measurement data for the current reporting year; otherwise, use the
default value of 0.5.
* * * * *
    (2) * * *
    (ii) * * *
    (C) * * *
* * * * *
[GRAPHIC] [TIFF OMITTED] TR29NO13.025

* * * * *
    (b) * * *
    (1) * * *
* * * * *
OX = Oxidation fraction from Table HH-4 of subpart HH of this part.
* * * * *

0
115. Section 98.464 is amended by:
0
a. Revising paragraph (b) introductory text.
0
b. Revising Equation TT-7 in paragraph (b)(4)(i)(E).

0
c. Removing the parameters ``DOCF'',
``MCDcontrol'', and ``MCcontrol'' of Equation TT-
7 in paragraph (b)(4)(i)(E).
0
d. Revising paragraph (c).
    The revisions read as follows:

Sec.  98.464  Monitoring and QA/QC requirements.

* * * * *
    (b) For each waste stream placed in the landfill during the
reporting year for which you choose to determine volatile solids
concentration and/or a waste stream-specific DOCX, you must
collect and test a representative sample of that waste stream using the
methods specified in paragraphs (b)(1) through (b)(4) of this section,
as applicable.
* * * * *
    (4) * * *
    (i) * * *
    (E) * * *
    [GRAPHIC] [TIFF OMITTED] TR29NO13.026

Where:

DOCX = Degradable organic content of the waste stream in
Year X (weight fraction, wet basis)
MCDsample,x = Mass of carbon degraded in the waste stream
sample in Year X as determined in paragraph (b)(4)(i)(C) of this
section [milligrams (mg)].
Msample,x = Mass of waste stream sample used in the
anaerobic degradation test in Year X (mg, wet basis).
* * * * *
    (c) For each waste stream that was historically managed in the
landfill for which you choose to determine volatile solids
concentration and/or a waste stream-specific DOCX, you must
determine volatile solids concentration or DOCX of the waste
stream as initially placed in the landfill using the methods specified
in paragraph (c)(1) or (2) of this section, as applicable.
    (1) If you can identify a similar waste stream to the waste stream
that was historically managed in the landfill, you must determine the
volatile solids concentration or DOCX of the similar waste
stream using the applicable procedures in paragraphs (b)(1) through (4)
of this section.
    (2) If you cannot identify a similar waste stream to the waste
stream that was historically managed in the landfill, you may determine
the volatile solids concentration or DOCX of the
historically managed waste stream using process knowledge. You must
document the basis for the volatile solids concentration or
DOCX value as determined through process knowledge.
* * * * *

0
116. Section 98.466 is amended by:
0
a. Revising paragraph (b)(1).
0
b. Adding paragraph (b)(5).
0
c. Revising paragraph (c) introductory text.
0
d. Removing and reserving paragraph (c)(1).
0
e. Revising paragraphs (c)(2), (c)(3) introductory text, and (c)(4)
introductory text.
0
f. Adding paragraph (c)(5).
0
g. Revising paragraph (d)(3).
0
h. Revising paragraph (h).
    The revisions and additions read as follows:

Sec.  98.466  Data reporting requirements.

* * * * *
    (b) * * *
    (1) The number of waste steams (including ``Other Industrial Solid
Waste (not otherwise listed)'' and ``Inerts'') for which Equation TT-1
of this subpart is used to calculate modeled CH4 generation.
* * * * *
    (5) For each waste stream, the decay rate (k) value used in the
calculations.
    (c) Report the following historical waste information:
* * * * *
    (2) For each waste stream identified in paragraph (b) of this
section, the method(s) for estimating historical waste disposal
quantities and the range of years for which each method applies.
    (3) For each waste stream identified in paragraph (b) of this
section for which Equation TT-2 of this subpart is used, provide:
* * * * *
    (4) If Equation TT-4a of this subpart is used, provide:
* * * * *
    (5) If Equation TT-4b of this subpart is used, provide:
    (i) WIP (i.e., the quantity of waste in-place at the start of the
reporting year from design drawings or engineering estimates (metric
tons) or, for closed landfills for which waste in-place quantities are
not available, the landfill's design capacity).
    (ii) The cumulative quantity of waste placed in the landfill for
the years for which disposal quantities are available from company
record or from Equation TT-3 of this part.
    (iii) YrLast.
    (iv) YrOpen.
    (v) NYrData.
    (d) * * *
    (3) For each waste stream, the degradable organic carbon
(DOCX) value (mass fraction) for the specified year and an
indication as to whether this was the default value from Table TT-1 to
this subpart, a measured value using a 60-day anaerobic biodegradation
test as specified in Sec.  98.464(b)(4)(i), or a value based on total
and volatile solids measurements as specified in Sec.
98.464(b)(4)(ii). If DOCx was determined by a 60-day
anaerobic biodegradation test, specify the test method used.
* * * * *
    (h) For landfills with gas collection systems, in addition to the
reporting requirements in paragraphs (a) through (f) of this section,
provide:
    (1) The annual methane generation, adjusted for oxidation,
calculated using Equation TT-6 of this subpart, reported in metric tons
CH4.
    (2) The oxidation factor used in Equation TT-6 of this subpart.
    (3) All information required under 40 CFR 98.346(i)(1) through (7)
and 40 CFR 98.346(i)(9) through (12).

0
117. Section 98.467 is revised to read as follows:

Sec.  98.467  Records that must be retained.

    In addition to the information required by Sec.  98.3(g), you must
retain the calibration records for all monitoring equipment, including
the method or manufacturer's specification used for calibration, and
all measurement data used for the purposes of paragraphs Sec.
98.460(c)(2)(xii) or (xiii) or used to determine waste stream-specific
DOCX values for use in Equation TT-1 of this subpart.

0
118. Section 98.468 is amended by adding a definition of ``Industrial
sludge'' in alphabetical order to read as follows:

Sec.  98.468  Definitions.

* * * * *
    Industrial sludge means the residual, semi-solid material left from
industrial wastewater treatment processes or wet air pollution control
devices (e.g., wet scrubbers). Industrial sludge includes underflow
material collected in primary or secondary clarifiers, settling basins,

or precipitation tanks as well as dredged materials from wastewater
tanks or impoundments. Industrial sludge also includes the semi-solid
materials remaining after these materials are dewatered via a belt
process, centrifuge, or similar dewatering process.
* * * * *

0
119. Table TT-1 to subpart TT is amended by:
0
a. Revising the first four entries.
0
b. Adding a new entry following ``Construction and Demolition''.

     Table TT-1 to Subpart TT--Default DOC and Decay Rate Values for
                       Industrial Waste Landfills
------------------------------------------------------------------------
                                 DOC                    k
                               (weight    k  [dry   [moderate   k  [wet
     Industry/waste type      fraction,   climate    climate    climate
                                 wet     \a\]  (yr  \a\]  (yr  \a\]  (yr
                                basis)      -1)        -1)        -1)
------------------------------------------------------------------------
Food Processing (other than        0.22       0.06       0.12       0.18
 industrial sludge).........
Pulp and Paper (other than         0.20       0.02       0.03       0.04
 industrial sludge).........
Wood and Wood Product (other       0.43       0.02       0.03       0.04
 than industrial sludge)....
Construction and Demolition.       0.08       0.02       0.03       0.04
Industrial Sludge...........       0.09       0.02       0.04       0.06
------------------------------------------------------------------------

                              * * * * * * *
------------------------------------------------------------------------
\a\ The applicable climate classification is determined based on the
  annual rainfall plus the recirculated leachate application rate.
  Recirculated leachate application rate (in inches/year) is the total
  volume of leachate recirculated from company records or engineering
  estimates and applied to the landfill divided by the area of the
  portion of the landfill containing waste [with appropriate unit
  conversions].
(1) Dry climate = precipitation plus recirculated leachate less than 20
  inches/year
(2) Moderate climate = precipitation plus recirculated leachate from 20
  to 40 inches/year (inclusive)
(3) Wet climate = precipitation plus recirculated leachate greater than
  40 inches/year
Alternatively, landfills that use leachate recirculation can elect to
  use the k value for wet climate rather than calculating the
  recirculated leachate rate.

Subpart UU--[AMENDED]

0
120. Section 98.473 is amended by:
0
a. Revising the parameter ``D'' of Equation UU-2 in paragraph (a)(2).
0
b. Revising the parameter ``Sr,p'' of Equation UU-2 in
paragraph (b)(2).
    The revisions read as follows:

Sec.  98.473  Calculating CO2 received.

    (a) * * *
    (2) * * *
* * * * *
D = Density of CO2 at standard conditions (metric tons
per standard cubic meter): 0.0018682.
* * * * *
    (b) * * *
    (2) * * *
* * * * *
Sr,p = Quarterly volume of contents in containers r that
is redelivered to another facility without being injected into your
well in quarter p (standard cubic meters).
* * * * *

0
121. Section 98.476 is amended by revising paragraph (b)(5) and adding
paragraph (e) to read as follows:

Sec.  98.476  Data reporting requirements.

* * * * *
    (b) * * *
    (5) The standard or method used to calculate each value in
paragraphs (b)(1), (b)(2), and (b)(3) of this section.
* * * * *
    (e) Report the following:
    (1) Whether the facility received a Research and Development
project exemption from reporting under 40 CFR part 98, subpart RR, for
this reporting year. If you received an exemption, report the start and
end dates of the exemption approved by EPA.
    (2) Whether the facility includes a well or group of wells where a
CO2 stream was injected into subsurface geologic formations
to enhance the recovery of oil during this reporting year.
    (3) Whether the facility includes a well or group of wells where a
CO2 stream was injected into subsurface geologic formations
to enhance the recovery of natural gas during this reporting year.
    (4) Whether the facility includes a well or group of wells where a
CO2 stream was injected into subsurface geologic formations
for acid gas disposal during this reporting year.
    (5) Whether the facility includes a well or group of wells where a
CO2 stream was injected for a purpose other than those
listed in paragraphs (e)(1) through (4) of this section. If you
injected CO2 for another purpose, report the purpose of the
injection.

[FR Doc. 2013-27996 Filed 11-27-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 147 (Wednesday, August 2, 2023)]
[Notices]
[Pages 50899-50900]
[FR Doc No: 2023-16355]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4716-DR; Docket ID FEMA-2023-0001]

Commonwealth of the Northern Mariana Islands; Major Disaster and
Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the Commonwealth of the Northern Mariana Islands (FEMA-
4716-DR), dated June 2, 2023, and related determinations.

DATES: The declaration was issued June 2, 2023.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated June 2, 2023, the President issued a major disaster declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''), as follows:

    I have determined that the damage in the Commonwealth of the
Northern Mariana Islands resulting from Typhoon Mawar beginning on
May 22, 2023, and continuing, is of sufficient severity and
magnitude to warrant a major disaster declaration under the Robert
T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C.
5121 et seq. (the ``Stafford Act''). Therefore, I declare that such
a major disaster exists in the Commonwealth of Northern Mariana
Islands.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide assistance for emergency
protective measures (Category B), including direct Federal
assistance, under the Public Assistance program in the designated
areas and any other forms of assistance under the Stafford Act that
you deem appropriate subject to completion of Preliminary Damage
Assessments (PDAs).
    Consistent with the requirement that Federal assistance is
supplemental, any Federal funds provided under the Stafford Act for
Public Assistance will be limited to 75 percent of the total
eligible cost.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Benigno B. Ruiz, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas of the Commonwealth of the Northern Mariana
Islands have been designated as adversely affected by this major
disaster:

    The island of Rota for emergency protective measures (Category
B), including direct federal assistance under the Public Assistance
program.
    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2023-16355 Filed 8-1-23; 8:45 am]
BILLING CODE 9111-23-P