From:	"Frey, Nathan J."<EMAIL_ADDRESS> To:	Kevin Culligan/DC/USEPA/US@EPA, Peter Tsirigotis/RTP/USEPA/US@EPA, RobertJ Wayland/RTP/USEPA/US@EPA, Joseph Goffman/DC/USEPA/US@EPA

Cc:	"Mancini, Dominic J."<EMAIL_ADDRESS>"Laity, Jim" <EMAIL_ADDRESS> Date:	03/23/2012 08:06 PM

Subject:	Interagency Comments on latest draft of NSPS EGU preamble

Attached are some additional comments for consideration on the latest draft of the EGU NSPS preamble.  Please call me if first thing Monday if you have any questions.  If you provide a time and number to reach you this weekend I am happy to discuss before hand as well.

Regards,

Nathan


[Federal Register Volume 78, Number 113 (Wednesday, June 12, 2013)]
[Notices]
[Pages 35335-35338]
[FR Doc No: 2013-13859]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-69703; File No. SR-ICEEU-2013-09]

Self-Regulatory Organizations; ICE Clear Europe Limited; Notice
of Filing of Amendment No. 2 to Proposed Rule Change To Clear Contracts
Traded on the LIFFE Administration and Management Market

June 5, 2013.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder \2\ notice is hereby given that
on June 4, 2013, ICE Clear Europe Limited (``ICE Clear Europe'') filed
with the Securities and Exchange Commission (``Commission'') Amendment
No. 2 to its previously submitted proposed rule changes to implement a
clearing relationship in which ICE Clear Europe will clear contracts
traded on the LIFFE Administration and Management (``LIFFE A&M'')
market (the ``LIFFE Clearing Proposed Amendments'').\3\ Amendment No. 2
is intended to elaborate on certain aspects of the proposed clearing
activities as they relate to LIFFE securities products and make a
partial amendment to certain rules and procedures that would clarify
the considerations under which certain margin and risk management
requirements would be established and modified from time to time, as
described in Items I, II, and III below, which Items have been prepared
primarily by ICE Clear Europe. Except as described in this Amendment
No. 2, the LIFFE Clearing Proposed Amendments, as described in the
LIFFE Clearing Rule Notice, are unchanged. The Commission is publishing
this notice to solicit comments on Amendment No. 2 to the proposed
change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ On May 13, 2013, ICE Clear Europe initially filed the LIFFE
Clearing Proposed Amendments. On May 22, 2013, ICE Clear Europe
submitted Amendment No. 1 to the proposed rule change to, among
other things, clarify the scope of products proposed to be cleared,
add new Rule 207(f) prohibiting FCM/BD Clearing Members and other
Clearing Members organized in the U.S. from clearing LIFFE Contracts
that are futures or options on underlying U.S. securities, add
additional clarification surrounding the operation of the combined
F&O Guaranty Fund and the margining of LIFFE Contracts, and
supplement the statutory basis for the proposed rule change. See
Securities Exchange Act Release No. 69628 (May 23, 2013), 78 FR
32287 (May 29, 2013) (SR-ICEEU-2013-09) (``LIFFE Clearing Rule
Notice'').
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    As described in the LIFFE Clearing Rule Notice, ICE Clear Europe
has agreed to act as the clearing organization for futures and option
contracts traded on LIFFE Administration and Management, a recognized
investment exchange under the UK Financial Services and Markets Act of
2000. Capitalized terms used but not defined herein have the meanings
specified in the LIFFE Clearing Rule Notice. In this Amendment No. 2,
ICE Clear Europe submits revisions to Rule 502 and Sections 13.6 and
13.7 of the Finance Procedures that are intended to clarify the
considerations under which ICE Clear Europe would establish and modify
certain margin requirements that may be applicable to cleared LIFFE
Contracts and energy contracts, including the assets eligible as Margin
and Permitted Cover and related haircuts.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, ICE Clear Europe included
statements concerning the purpose of and basis for the additional rule
change in Amendment No. 2. The text of these statements may be examined
at the places specified in Item IV below. ICE Clear Europe has prepared
summaries, set forth in sections A, B, and C below, of the significant
aspects of these statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

(a) Purpose
    ICE Clear Europe submits revisions to its margin requirements under
Rule 502 and Sections 13.6 and 13.7 of the Finance Procedures. As
discussed in the LIFFE Clearing Rule Notice, Margin requirements for
LIFFE Contracts will be calculated using the SPAN[supreg]1 v4
algorithm,\4\ with modifications for

concentration charges and a trinomial model used with respect to
certain LIFFE option transactions. ICE Clear Europe will determine the
margin parameters used in the SPAN algorithm for LIFFE Contracts
cleared by ICE Clear Europe, and make appropriate modifications to
those parameters from time to time, within the framework of the margin
requirement policy approved by the ICE Clear Europe F&O Risk Committee.
The margin parameters applicable from time to time will be issued and
amended by ICE Clear Europe via a circular posted on its Web site.
---------------------------------------------------------------------------

    \4\ SPAN is a registered trademark of Chicago Mercantile
Exchange Inc. and used by ICE Clear Europe under license. SPAN is a
risk evaluation and margin framework algorithm.
---------------------------------------------------------------------------

    Rule 502(d) addresses a number of margin requirements, including
the assets eligible to be provided as Margin or Permitted Cover, and
Rule 502(e) addresses haircuts that the clearing house may apply to
such assets. Under the existing Rules, changes to such requirements may
be determined by the clearing house from time to time and notified by
Circular (which will also be posted on the clearing house's Web site).
ICE Clear Europe proposes to add a new Rule 502(k) to provide that for
F&O Contracts, changes to the matters set forth in Rules 502(d) and
(e), including assets eligible as Margin or Permitted Cover and the
haircuts established with respect to such assets, will be based on an
analysis of appropriate factors as determined by the clearing house.
These factors will include, without limitation, historical and implied
price volatility of those assets, current and anticipated conditions in
the market for those assets, spreads and correlations between assets,
liquidity in the trading market for those assets, composition of the
relevant market, default risk (including sovereign risk) with respect
to those assets, relevant foreign exchange market conditions and other
relevant information as determined by ICE Clear Europe. Consistent with
its existing policies and procedures, ICE Clear Europe regularly
reviews its current eligible Margin and Permitted Cover assets and
related haircuts and makes any necessary adjustments.
    Proposed new Rule 502(k) reads as follows:

    (k) With respect to F&O Contracts, changes to the matters
described in Rules 502(d) and (e) above, including assets eligible
as Margin or Permitted Cover and the haircuts established with
respect thereto, will be based on an analysis of appropriate factors
as determined by the Clearing House, including historical and
implied price volatility of such assets, current and anticipated
conditions in the market for those assets, spreads and correlations
between relevant assets, liquidity in the trading market for those
assets, composition of the relevant market, default risk (including
sovereign risk) with respect to those assets, relevant foreign
exchange market conditions and other relevant information.

    Similarly existing Section 13.6 of the Finance Procedures addresses
the determination and change of original margin rates from time to
time. As set forth in existing Section 13.6, ICE Clear Europe regularly
reviews its margin rates in light of market conditions and makes
appropriate modifications. ICE Clear Europe proposes to amend Section
13.6 to provide that changes to original margin rates for F&O Contracts
will be based on an analysis of appropriate factors as determined by
the clearing house. These include market prices, historical and implied
volatilities of relevant contracts, spreads and correlations between
related commodities, other current and anticipated conditions
(including liquidity) in the market for the contracts and other
relevant information as determined by ICE Clear Europe. ICE Clear
Europe believes that Section 13.6 provides it the flexibility to adjust
the calculation of margin rates in order to react to changes in market
conditions, particularly changes in volatility. These changes may occur
suddenly, and failure to update margin rates to take into account such
changes may lead to insufficient margin being collected by the clearing
house. The proposed revisions to Section 13.7 of the Finance Procedures
are substantially the same as the amendments to Rule 502(k), and are
being made for the reasons discussed above in connection with that rule
change.
    Proposed amended Sections 13.6 and 13.7 of the Finance Procedures
read as follows (new text italicized):

    13.6 Margin Parameters The Clearing House monitors market
volatilities on a daily basis. The Clearing House will review
Original Margin rates on a periodic and ad hoc basis. Changes to
Original Margin rates will be notified to Clearing Members by
Circular. With respect to F&O Contracts, ad hoc rate changes will
become effective on the next Business Day. Routine rate changes will
be implemented on the date given in the Circular announcing such
changes, normally five Business Days after the date of the Circular.
With respect to F&O Contracts, changes to Original Margin rates will
be based on an analysis of appropriate factors as determined by the
Clearing House, including market prices, historical and implied
volatilities of relevant contracts, spreads and correlations between
related commodities, other current and anticipated conditions
(including liquidity) in the market for the contracts and other
relevant information.
    13.7 Haircuts The Clearing House will review haircuts applicable
for Permitted Cover on a periodic and ad hoc basis. Changes to
haircuts will be notified to Clearing Members by Circular. With
respect to Permitted Cover for F&O Contracts, ad hoc rate changes
will become effective on the next Business Day. Routine rate changes
will be implemented on the date given in the Circular announcing
such changes, normally five Business Days after the date of the
Circular. With respect to Permitted Cover for F&O Contracts, changes
to haircuts will be based on an analysis of appropriate factors as
determined by the Clearing House, including historical and implied
price volatility of such assets, current and anticipated conditions
in the market for those assets, spreads and correlations between
relevant assets, liquidity in the trading market for those assets,
composition of the relevant market, default risk (including
sovereign risk) with respect to those assets, relevant foreign
exchange market conditions and other relevant information.

    ICE Clear Europe believes that the proposed revisions to Rule 502
and Sections 13.6 and 13.7 of the Finance Procedures will provide
clearing members with additional predictability as to potential changes
to margin requirements, and the reasons for such changes, without
adversely affecting the clearing house's ability to adjust margin
requirements as warranted by its risk management policies and market
conditions. In addition, this additional guidance should permit
clearing members to better anticipate potential changes in margin
requirements and manage their own liquidity requirements, which may
reduce the likelihood that a clearing member will be unable to satisfy
its margin requirements and thereby improve the financial stability of
the clearing house.
(b) Statutory Basis
    As discussed in the LIFFE Clearing Rule Notice, ICE Clear Europe
proposes to clear, among other LIFFE contracts, the LIFFE securities
products. Currently, the LIFFE securities products are cleared by LIFFE
A&M, with certain clearing functions performed by LCH Clearnet Limited,
as described in the no-action relief previously provided to LIFFE A&M
and its predecessor entities by Commission staff.\5\ ICE Clear Europe
proposes to provide substantially the same clearing functions for the
LIFFE securities products, pursuant to the LIFFE Clearing Proposed
Amendments,

as are currently being provided by LIFFE A&M and LCH Clearnet.
---------------------------------------------------------------------------

    \5\ See, e.g., SEC No-Action Letter to LIFFE A&M, dated July 29,
2009; SEC No-Action Letter to LIFFE A&M, dated March 6, 1996; SEC
No-Action Letter to LIFFE A&M, dated May 1, 1992.
---------------------------------------------------------------------------

    ICE Clear Europe is currently registered with the Commission as a
securities clearing agency for purposes of clearing security-based
swaps, pursuant to Section 17A(l) of the Act.\6\ With respect to the
clearing of other securities products, such as the options on
securities and security indices that constitute LIFFE securities
products, the Commission has historically taken the position that a
foreign clearing agency would be required to register as a securities
clearing agency (or obtain an exemption from registration) only if it
provides clearing services for U.S. securities directly to U.S.
persons.\7\ Conversely, the Commission has recognized that a foreign
clearing agency is not required to register, or obtain an exemption
from registration, with respect to clearing services involving non-U.S.
securities, even if such services may be provided directly to U.S.
persons.\8\
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78q-1(l).
    \7\ See, e.g., Cross-Border Security-Based Swap Activities,
Securities Exchange Act Release No. 69490 (May 1, 2013), 78 FR
30967, 31039 n. 682 (May 23, 2013).
    \8\ See, e.g., Morgan Guaranty Trust Company of New York,
Brussels Office, as Operator of the Euroclear System, Securities
Exchange Act Release No. 38589 (May 9, 1997), 62 FR 26833, 26835 n.
16 (May 15, 1997) (``Euroclear Order'').
---------------------------------------------------------------------------

    Consistent with these Commission positions, ICE Clear Europe
believes that its proposed clearing of the LIFFE securities products
does not require further registration of ICE Clear Europe or an
exemption from the registration requirement. With respect to those
LIFFE securities products that constitute foreign securities (i.e.,
futures and options on underlying non-U.S. securities), ICE Clear
Europe (as a foreign clearing organization) may, consistent with the
approach taken under Euroclear Order, provide clearing services,
including to U.S. clearing members, without registration. With respect
to those LIFFE securities products that may constitute U.S. securities
(i.e., futures and options on underlying U.S. securities), ICE Clear
Europe will not provide clearing services to U.S. clearing members, as
provided in proposed new Rule 207(f) and as described in the LIFFE
Clearing Rule Notice. As a result, these clearing activities do not
implicate the registration requirement under Section 17A(b) of the
Act.\9\
---------------------------------------------------------------------------

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

    In ICE Clear Europe's view, the fact that it is registered as a
securities clearing agency for purposes of clearing security-based
swaps does not change this analysis. ICE Clear Europe's security-based
swap clearing activities are for relevant purposes separate from the
proposed LIFFE securities product clearing activities, and in
particular are supported by a separate guaranty fund. ICE Clear Europe
believes that they can be treated separately as a regulatory matter as
well. The Commission has recognized in the Euroclear Order, for
example, that a foreign clearing organization may have activities for
which registration (or exemption) is needed and activities for which
neither registration nor exemption is required. Similarly, ICE Clear
Europe's registration for security-based swap clearing should not
preclude it from engaging in other clearing activities that would
otherwise be permissible without registration under the Exchange Act.
(ICE Clear Europe notes that in any event, because of its status as a
registered clearing agency, it will in practice be subject to
additional requirements under the Act in respect of the LIFFE
securities products, notably the rule approval requirements under
Section 19(b) of the Act.)
    As described in the LIFFE Clearing Rule Notice, ICE Clear Europe's
clearing operations with respect to the LIFFE securities products, and
particularly those relating to U.S. securities, will be conducted
outside the United States (with the exception of certain information
technology services obtained from U.S. affiliates). Although ICE Clear
Europe obtains certain services from some of its U.S. affiliates in
connection with its security-based swap clearing activities, those
services are not relevant to the clearing of the LIFFE securities
products. Accordingly, ICE Clear Europe does not believe such
arrangements would affect the analysis discussed above.
    As noted above, ICE Clear Europe's proposed new Rule 207(f) will
prohibit U.S. clearing members from clearing LIFFE securities products
involving underlying U.S. securities (other than broad-based security
index futures contracts). In furtherance of this restriction, ICE Clear
Europe, together with LIFFE, will implement operational controls to
restrict the activities of U.S. clearing members. Specifically, the
clearing system to be used for the LIFFE securities products will have
market access controls that prevent U.S. clearing members from creating
or holding cleared positions in LIFFE securities products involving
underlying U.S. securities. This is intended to prevent U.S. clearing
members from engaging in any clearing-related activity (including give-
ups or take-ups) in respect of those products. When a new U.S. clearing
member is approved for clearing, LIFFE and ICE Clear Europe will be
jointly responsible to ensure that these access limitations are
properly in place.
    With respect to the proposed changes to Rule 502 and Sections 13.6
and 13.7 of the Finance Procedures in this Amendment No. 2, ICE Clear
Europe believes that such amendments are consistent with the
requirements of Section 17A of the Act \10\ and the regulations
thereunder applicable to it, including the standards under Rule 17Ad-
22.\11\ The amendments will promote the prompt and accurate clearance
of and settlement of securities transactions, the safeguarding of
securities and funds in the custody or control of ICE Clear Europe, and
the protection of investors and the public interest, within the meaning
of Section 17A(b)(3)(F) of the Act.\12\ Specifically, ICE Clear Europe
believes that the amendments will facilitate the safeguarding of
securities and funds in the custody or control of ICE Clear Europe,
including the F&O Guaranty Fund that applies to LIFFE contracts and
energy contracts, in a manner that is consistent with the financial
resources and risk management requirements of Rule 17Ad-22 \13\ and the
rule change approval requirements of Section 19(b)(1) of the Act \14\
and Commission Rule 19b-4.\15\ In addition, ICE Clear Europe believes
that its other risk management practices applicable to clearing in the
F&O Contracts can be conducted consistent with its rule change approval
requirements of Section 19(b)(1) of the Act \16\ and Commission Rule
19b-4.\17\
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78q-1.
    \11\ 17 CFR 240.17Ad-22.
    \12\ 15 U.S.C. 78q-1(b)(3)(F).
    \13\ 17 CFR 240.17Ad-22.
    \14\ 15 U.S.C. 78s(b)(1).
    \15\ 17 CFR 240.19b-4.
    \16\ 15 U.S.C. 78s(b)(1).
    \17\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    ICE Clear Europe does not believe the proposed rule changes in this
Amendment No. 2 would have any impact, or impose any burden, on
competition. ICE Clear Europe does not anticipate that the rule changes
will adversely affect the trading market for the LIFFE contracts on
LIFFE A&M. Moreover, ICE Clear Europe does not believe that the
proposed amendments will impose any burden on competition among
clearing members.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants or Others

    Written comments relating to Amendment No. 2 have not been
solicited or received. ICE Clear Europe will notify the Commission of
any written comments received by ICE Clear Europe.

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

    Within 45 days of the date of publication of the LIFFE Clearing
Rule Notice \18\ in the Federal Register or within such longer period
up to 90 days (i) as the Commission may designate if it finds such
longer period to be appropriate and publishes its reasons for so
finding or (ii) as to which the self-regulatory organization consents,
the Commission will:
---------------------------------------------------------------------------

    \18\ See supra note 3.
---------------------------------------------------------------------------

    (A) by order approve or disapprove the proposed rule change or
    (B) institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml) or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-ICEEU-2013-09 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ICEEU-2013-09. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filings also will be available
for inspection and copying at the principal office of ICE Clear Europe
and on ICE Clear Europe's Web site at https://www.theice.com/publicdocs/regulatory_filings/ICEU_SEC_060413.pdf.
    All comments received will be posted without change; the Commission
does not edit personal identifying information from submissions. You
should submit only information that you wish to make available
publicly. All submissions should refer to File Number SR-ICEEU-2013-09
and should be submitted on or before June 27, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
---------------------------------------------------------------------------

    \19\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-13859 Filed 6-11-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 229 (Wednesday, November 27, 2013)]
[Rules and Regulations]
[Pages 70888-70890]
[FR Doc No: 2013-28406]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 236

[Docket No. FRA-2001-10160, Notice No. 5]

Need for Agency Approval of a Railroad's Use of Certain
Technology That Has Been Previously Approved for Use by a Different
Railroad

AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).

ACTION: Interim statement of agency interpretation, with request for
public comment.

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SUMMARY: FRA is providing interim guidance on a railroad's use of
processor-based signal or train control technology subject to the
requirements of 49 CFR part 236, subpart H, in the situation where the
railroad has not previously obtained FRA's approval to use the
technology, but a different railroad has already received FRA's
approval to do so. Under these regulations, any railroad seeking to use
signal or train control technology subject to the regulations must
first adopt both a Railroad Safety Program

Plan and a Product Safety Plan covering the technology that have been
approved by FRA. If FRA has already approved the use of a certain
processor-based signal or train control technology by one railroad
pursuant to that railroad's plans, a different railroad (a third-party
railroad) may use as a model the Railroad Safety Program Plan and
Product Safety Plan of the railroad that has FRA's approval for use of
the technology, and the third-party railroad must submit its own plans
and obtain FRA's approval before using the technology. FRA anticipates
that there will be some railroad-by-railroad variances that will not be
safety-critical, and such variances are required to be specified and
are also subject to FRA approval.

DATES: This document is effective on November 27, 2013. Public comments
on the interim interpretation are due by January 27, 2014. Late-filed
comments will be considered to the extent practicable.

ADDRESSES: You may submit comments on the interim interpretation set
forth in this document, identified as Docket No. FRA-2001-10160, Notice
No. 5,\1\ by any of the following methods:
---------------------------------------------------------------------------

    \1\ Prior to publication of the interim interpretation, FRA
published a total of four documents in the Federal Register under
Docket No. FRA-2001-10160.
---------------------------------------------------------------------------

     Web site: The Federal eRulemaking Portal, http://www.regulations.gov. Follow the Web site's online instructions for
submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC
20590.
     Hand Delivery: 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. Monday through Friday, except Federal holidays.
    Instructions: All submissions must include the agency name and
docket number for this interim statement of agency policy and
interpretation. Note that all submissions received will be posted
without change to http://www.regulations.gov including any personal
information.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov or to 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. Monday through Friday, except
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Dr. Mark Hartong, PE., Senior
Scientific/Technical Advisor, Office of Safety Assurance and
Compliance, FRA, 1200 New Jersey Avenue SE., Washington, DC 20590
(telephone:<PHONE_NUMBER>), email (mark.hartong@dot.gov); Mr. Jason
Schlosberg, Office of Chief Counsel, FRA, 1200 New Jersey Avenue SE.,
Washington, DC 20590 (telephone:<PHONE_NUMBER>), email
(jason.schlosberg@dot.gov); or Mr. Matthew Prince, Office of Chief
Counsel, FRA, 1200 New Jersey Avenue SE., Washington, DC 20590
(telephone:<PHONE_NUMBER>), email (matthew.prince@dot.gov).

SUPPLEMENTARY INFORMATION: FRA's regulations at Subpart H of 49 CFR
part 236 (Subpart H), most of which FRA issued in 2005, set forth
minimum performance standards for the development and use of certain
technologies, namely safety-critical processor-based signal or train
control systems, including subsystems and components thereof, developed
under the terms and conditions of that subpart. See 70 FR 11095 (Mar.
7, 2005); 49 CFR 236.0(h), 236.901. The term ``processor-based'' means
dependent on a digital processor in order to function properly. See 49
CFR 236.903. The subpart does not apply to a processor-based signal or
train control system (including a subsystem or component thereof) that
was in service as of June 6, 2005. See 49 CFR 236.911(a). For brevity,
the subpart defines the term ``product'' to mean ``a processor-based
signal or train control system, subsystem, or component.'' See 49 CFR
236.903.
    Under Subpart H, a railroad that wishes to develop and use a
safety-critical product or products covered by Subpart H must develop a
Railroad Safety Program Plan (RSPP). The RSPP is intended to serve as
the railroad's principal safety document for all of the railroad's
safety-critical products subject to Subpart H. The railroad's RSPP must
outline its methods of evaluation, risk assessment, safety assessment,
system verification and validation, human factors analysis, and
configuration management practices for all of its products subject to
Subpart H. Using the methods described in its RSPP, the railroad then
must develop a Product Safety Plan (PSP), for each product, which is
intended to describe in detail all of the safety aspects of each
particular product. Then the railroad must submit its RSPP and PSP(s)
to FRA for approval. See 49 CFR 236.905(c) and 236.913.
    FRA recognizes that Subpart H does not explicitly discuss how a
third party may use the same processor-based signal or train control
technology after FRA has approved it for use on the basis of a
different railroad's PSP. However, FRA did discuss the potential for
``portable'' PSPs to be used by multiple railroads. See 70 FR 11080.
This Interim Statement of Agency Interpretation describes the process
by which a railroad may most readily receive FRA's approval for the
railroad's implementation and use of a technology subject to Subpart H,
where the technology has previously been approved for use by another
railroad. This Interim Statement of Agency Interpretation does not
amend Subpart H, but rather provides public notice of the standards
that FRA will use to evaluate a PSP submitted under Subpart H by a
third-party railroad. As indicated above, this interpretation becomes
effective upon publication. RSPPs and PSPs that were acceptable prior
to the effective date of this document will not be rendered
unacceptable by this document; therefore, prior notice of the
interpretation is not necessary.
    Any third-party railroad seeking to implement a product subject to
Subpart H must first develop and adopt its own RSPP in accordance with
49 CFR 236.905. This holds true even where a railroad will only be
using technologies subject to an FRA-approved PSP developed by a
different railroad. The third-party railroad must then submit an
informational filing or petition for approval of a PSP in accordance
with 49 CFR 236.913. An RSPP and PSP are necessary in order for a
railroad to establish the performance requirements to which it will be
held by FRA, and an RSPP and PSP are, therefore, required even for the
use of previously-approved technologies. If a railroad submits an RSPP
that includes only minor, non-safety-critical changes from an RSPP
previously-approved by FRA and if the railroad indicates both the
source of the RSPP and the variances from the FRA-approved version, FRA
anticipates few difficulties in the RSPP-approval process. If a
railroad does not plan to develop a PSP independently, the most
important element of the RSPP is the ``configuration management control
plan'' required by 49 CFR 236.905(b)(4).
    Similarly, if a third-party railroad submits a PSP for a product
based upon a PSP for the same product that was previously approved by
FRA and if the third-party railroad identifies all variances in the
product and its use from the approved version, FRA expects that the
review process will focus only on those areas where variances exist in
the product design or intended use. Where a PSP makes reference to a

previously-approved PSP, it is not necessary for a railroad to resubmit
design information to demonstrate that the development of the
technology complies with Subpart H, except where development changes
were made from the approved version of the technology. Accordingly, in
such cases the elements of the PSP defined in 49 CFR 236.907(a)(1)-
(a)(11) are satisfied if the applicant makes explicit reference to an
FRA-approved PSP; \2\ the content of the original PSP relating to those
paragraphs need not be repeated in the third-party PSP filings.
However, because paragraphs (a)(12)-(a)(20) of 49 CFR 236.907 address a
railroad's use of the technology, including training, installation,
maintenance, security, and other elements, information called for by
these paragraphs must be included within the third-party's PSP
expressly. A railroad may choose to copy these elements from an
approved PSP, and FRA encourages this practice, but it is necessary for
railroads to explicitly adopt the practices required for the use of the
technology. This reiteration of the description of these required
practices will ensure that a railroad has adequate notice of its
obligations under its PSP, which are subject to enforcement under
Subpart H. If variances exist in the third-party railroad's PSP
information responsive to paragraphs (a)(12)-(a)(20) of 49 CFR 236.907,
then those variances must be supported by the safety analysis of the
original railroad or the third-party railroad contained within the RSPP
and material in the PSP responsive to paragraphs (a)(1)-(a)(11) of 49
CFR 236.907.
---------------------------------------------------------------------------

    \2\ Note that FRA approvals of PSPs are published on
regulations.gov. Generally, railroads would know of the approved PSP
for a product from the supplier of the product.
---------------------------------------------------------------------------

    Once FRA approves a railroad's PSP (submitted through either an
informational filing or a petition for approval), the submitting
railroad becomes subject to Subpart H in its entirety, including the
requirement set forth in 49 CFR 236.915 that the railroad comply with
the terms of its FRA-approved PSP.

    Authority: 49 U.S.C. 20102-20103, 20107, 20133, 20141, 20157,
20301-20303, 20306, 20701-20703, 21301-21302, 21304; 28 U.S.C. 2461,
note; and 49 CFR 1.89.

    Issued in Washington, DC, on November 21, 2013.
Melissa L. Porter,
Chief Counsel, Federal Railroad Administration.
[FR Doc. 2013-28406 Filed 11-26-13; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register: February 25, 2009 (Volume 74, Number 36)]
[Proposed Rules]
[Page 8494]
[DOCID:fr25fe09-7]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

23 CFR Part 180

Office of the Secretary

49 CFR Part 80

Federal Railroad Administration

49 CFR Part 261

Federal Transit Administration

49 CFR Part 640

Maritime Administration

49 CFR Part 1700

[Docket No. DOT-OST-2009-0004]
RIN 2105-AD70

Credit Assistance for Surface Transportation Projects

AGENCIES: Federal Highway Administration (FHWA), Federal Railroad
Administration (FRA), Federal Transit Administration (FTA), Maritime
Administration (MARAD), Office of the Secretary of Transportation
(OST), Department of Transportation (DOT).

ACTION: Withdrawal of notice of proposed rulemaking (NPRM) and request
for comments.

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

SUMMARY: This notice withdraws DOT's proposed changes to its
regulations implementing the Transportation Infrastructure Finance and
Innovation Act (TIFIA). The NPRM is being withdrawn in order to allow
the Obama Administration to review the program and decide what, if any
changes, it may wish to propose.

DATES: February 25, 2009.

FOR FURTHER INFORMATION CONTACT: Mr. Mark Sullivan, TIFIA Joint Program
Office<PHONE_NUMBER>, or Mr. Steven Rochlis, Office of the Chief
Counsel<PHONE_NUMBER>, Federal Highway Administration, 1200 New Jersey
Avenue, SE., Washington, DC 20590.

SUPPLEMENTARY INFORMATION: On Wednesday, January 21, 2009, DOT
published a NPRM (74 FR 3487) concerning the Transportation
Infrastructure Finance and Innovation Act (TIFIA) to implement recent
statutory changes and to incorporate certain other changes to the rule.
In addition, the NPRM sought comment on policy issues with potentially
significant impact on the TIFIA project selection process. This
withdrawal will allow the Obama Administration to review the program
and decide what, if any changes, it may wish to propose. We believe
that the public will benefit from withdrawal of the proposal early in
the comment period before comments have been drafted and filed pending
review of the program by the new administration.

    Issued in Washington, DC on February 16, 2009.
Ray LaHood,
Secretary of Transportation.
 [FR Doc. E9-3975 Filed 2-24-09; 8:45 am]

BILLING CODE 4910-9X-P


[Federal Register: October 19, 2006 (Volume 71, Number 202)]
[Notices]
[Page 61750-61751]
[DOCID:fr19oc06-68]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER06-1286-000]

New Hope Power Partnership; Notice of Issuance of Order

October 13, 2006.
    New Hope Power Partnership (New Hope) filed an application for
market-based rate authority, with an accompanying rate schedule. The
proposed market-based rate schedule provides for the sale of energy,
capacity and the reassignment of transmission capacity. New Hope also
requested waivers of various Commission regulations. In particular, New
Hope requested that the Commission grant blanket approval under 18 CFR
part 34 of all future issuances of securities and assumptions of
liability by New Hope.
    On September 8, 2006, pursuant to delegated authority, the
Director, Division of Tariffs and Market Development--West, granted the
requests for blanket approval under Part 34. The Director's order also
stated that the Commission would publish a separate notice in the
Federal Register establishing a period of time for the filing of
protests. Accordingly, any person desiring to be heard or to protest
the blanket approvals of issuances of securities or assumptions of
liability by New Hope should file a motion to intervene or protest with
the Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure. 18 CFR 385.211, 385.214
(2004).
    Notice is hereby given that the deadline for filing motions to
intervene or protest is November 13, 2006.
    Absent a request to be heard in opposition by the deadline above,
New Hope is authorized to issue securities and assume obligations or
liabilities as a guarantor, indorser, surety, or otherwise in respect
of any security of another person; provided that such issuance or
assumption is for some lawful object within the corporate purposes of
New Hope, compatible with the public interest, and is reasonably
necessary or appropriate for such purposes.
    The Commission reserves the right to require a further showing that
neither public nor private interests will be adversely affected by
continued approvals of New Hope's issuance of securities or assumptions
of liability.
    Copies of the full text of the Director's Order are available from
the Commission's Public Reference Room, 888 First Street, NE.,
Washington, DC 20426. The Order may also be viewed on the Commission's
Web site at http://www.ferc.gov, using the eLibrary link. Enter the

docket number excluding the last three digits in the docket number
filed to access the document. Comments, protests, and interventions may
be filed electronically via the internet in lieu of paper. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the

``e-Filing'' link. The Commission strongly encourages electronic
filings.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-17506 Filed 10-18-06; 8:45 am]

BILLING CODE 6717-01-P