[Federal Register Volume 87, Number 209 (Monday, October 31, 2022)]
[Proposed Rules]
[Pages 65544-65546]
[FR Doc No: 2022-23083]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-1267; Airspace Docket No. 22-AAL-23]
RIN 2120-AA66

Proposed Revocation of Federal Colored Airway A-9; Bettles, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to remove Colored Federal airway A-9 due
to the planned decommissioning of the Evansville, AK (EAV), Non-
Directional Beacon (NDB), which provides navigation guidance for the
affected route. The Evansville, AK (EAV), NDB is scheduled to be
decommissioned effective on June 15, 2023.

DATES: Comments must be received on or before December 15, 2022.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE, West
Building Ground Floor, Room W12-140, Washington, DC 20590; telephone:
(800) 647-5527, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2022-1267; Airspace Docket No. 22-AAL-23 at the beginning of your
comments. You may also submit comments through the internet at
www.regulations.gov.
    FAA Order 7400.11G, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. For further information, you can contact the Rules and
Regulations Group, Federal Aviation Administration, 800 Independence
Avenue SW, Washington, DC 20591; telephone:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, Rules and Regulations
Group, Office of Policy, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it would modify the route structure as necessary to
preserve the safe and efficient flow of air traffic within the National
Airspace System.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments as they
may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers (FAA Docket No. FAA-
2022-1267; Airspace Docket No. 22-AAL-23) and be submitted in
triplicate to the Docket Management Facility (see ADDRESSES section for
address and phone number). You may also submit comments through the
internet at www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to FAA Docket No. FAA-2022-1267; Airspace Docket No. 22-AAL-23.'' The
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified comment
closing date will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the comment
closing date. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
internet at www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at
www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Office (see ADDRESSES section for address and phone number) between
9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal
holidays. An informal docket may also be examined during normal
business hours at the office of the Western Service Center, Operations
Support Group, Federal Aviation Administration, 2200 South 216th St.,
Des Moines, WA 98198.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11G, Airspace
Designations and Reporting Points, dated August 19, 2022, and effective
September 15, 2022. FAA Order 7400.11G is publicly available as listed
in the ADDRESSES section of this document. FAA Order 7400.11G lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

Background

    Due to the high cost of maintenance, and the FAA's move toward
Global Navigation Satellite System-based navigation, a decision was
made to remove the Evansville, AK (EAV), NDB from service. This action
will require revocation of Colored Federal Airway A-9.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 71 to remove
Colored Federal airway A-9. A-9 currently extends from the Browerville,
AK (VIR), NDB, to the Evansville, AK (EAV), NDB, to the Chena, AK
(CUN), NDB. The FAA proposes to remove the entire route. The existing
VHF Omnidirectional Range (VOR) Federal airway V-444, and area
navigation (RNAV) route T-232 provide alternative routes for A-9.
    Colored Federal airways are published in paragraph 6009 of FAA
Order 7400.11G dated August 19, 2022, and effective September 15, 2022,
which is incorporated by reference in 14 CFR part 71.1. The Colored
Federal Airway listed in this document will be subsequently removed
from the FAA Order JO 7400.11.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

Regulatory Notices and Analyses

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

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and

Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

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

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

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

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

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11G,
Airspace Designations and Reporting Points, dated August 19, 2022, and
effective September 15, 2022, is amended as follows:

Paragraph 6009 Colored Federal Airways.

* * * * *

A-9 [Removed]

* * * * *

    Issued in Washington, DC, on October 19, 2022.
Scott M. Rosenbloom,
Manager, Airspace Rules and Regulations.
[FR Doc. 2022-23083 Filed 10-28-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 45 (Thursday, March 7, 2019)]
[Notices]
[Pages 8325-8326]
[FR Doc No: 2019-04145]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. AD19-12-000]

Security Investments for Energy Infrastructure Technical
Conference; Supplemental Notice of Technical Conference

    Take notice that the Federal Energy Regulatory Commission
(Commission) and the United States Department of Energy (DOE) will co-
host a Security Investments for Energy Infrastructure Technical
Conference (conference) on Thursday, March 28, 2019, from 10:00 a.m. to
4:00 p.m. This Commissioner- and DOE senior official-led conference
will be held in the Commission Meeting Room at the Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426. The
purpose of the conference is to discuss current cyber and physical
security practices used to protect energy infrastructure and will
explore how federal and state authorities can provide incentives and
cost recovery for security investments in energy infrastructure,
particularly the electric and natural gas sectors. Attached is the
preliminary agenda for this event. Further details of this conference
will be provided in a supplemental notice.
    The conference will be open and free to the public; however,
interested attendees are encouraged to preregister online at: https://www.ferc.gov/whats-new/registration/03-28-19-form.asp. In-person
attendees should allow ample time to pass through building security
procedures before the 10:00 a.m. start time of the conference.
    The Commission intends to solicit post-technical conference
comments and will issue a public notice with further directions
following the conclusion of the conference.
    Information regarding the conference will be posted on the Calendar
of Events on the Commission's website, http://www.ferc.gov, prior to
the event. The conference will also be webcast and transcribed. Anyone
with internet access who desires to listen to this event can do so by
navigating to the Calendar of Events at http://www.ferc.gov and
locating this event in the Calendar. The event will contain a link to
the webcast. The Capitol Connection provides technical support for
webcasts and offers the option of listening to the meeting via phone-
bridge for a fee. If you have any questions, visit http://www.CapitolConnection.org or call<PHONE_NUMBER>. Transcripts of the
technical conference will be available for a fee

from Ace-Federal Reporters, Inc. at<PHONE_NUMBER>.
    Commission conferences are accessible under section 508 of the
Rehabilitation Act of 1973. For accessibility accommodations, please
send an email to<EMAIL_ADDRESS>or call toll free 1 (866) 208-
3372 (voice) or<PHONE_NUMBER> (TTY), or send a fax to<PHONE_NUMBER>
with the required accommodations.
    For more information about this technical conference, please
contact Carolyn Templeton by phone at<PHONE_NUMBER> or by email at
<EMAIL_ADDRESS>For information related to logistics,
please contact Sarah McKinley at<PHONE_NUMBER> or by email at
<EMAIL_ADDRESS>
    Dated: March 1, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-04145 Filed 3-6-19; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 114 (Wednesday, June 16, 2021)]
[Proposed Rules]
[Pages 32006-32008]
[FR Doc No: 2021-11924]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2021-0052; FRL-10023-82-Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Emissions Statement Requirement for the 2015 Ozone National
Ambient Air Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a state implementation plan (SIP) revision submitted by the
State of Maryland. This revision fulfills Maryland's emissions
statement requirement for the 2015 ozone national ambient air quality
standard (NAAQS). This action is being taken under the Clean Air Act
(CAA).

DATES: Written comments must be received on or before July 16, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2021-0052 at https://www.regulations.gov, or via email to
<EMAIL_ADDRESS>For comments submitted at Regulations.gov, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be confidential business information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Adam Yarina, Planning & Implementation
Branch (3AD30), Air & Radiation Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
The telephone number is<PHONE_NUMBER>. Mr. Yarina can also be reached
via electronic mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On October 26, 2015, EPA revised the ozone NAAQS from 0.075 parts
per million (ppm) to 0.070 ppm,\1\ and subsequently designated the
Baltimore, MD, Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE, and
Washington, DC-MD-VA areas as Marginal Nonattainment for the 2015 ozone
NAAQS on June 4, 2018.\2\ These areas include the following Maryland
counties: Anne Arundel, Baltimore, Baltimore City, Carroll, Harford,
Howard, Cecil, Calvert, Charles, Frederick, Montgomery, and Prince
George's counties.\3\ Section 182 of the CAA identifies plan
submissions and requirements for ozone nonattainment areas.
Specifically, section 182(a)(3)(B) requires that states develop and
submit rules which establish annual reporting requirements for certain
stationary sources. Sources that are within marginal (or worse) ozone
nonattainment areas must annually report the actual emissions of
nitrogen oxides (NOX) and volatile organic compounds (VOC)
to the state. However, states may waive reporting requirements for
sources that emit under 25 tpy of NOX and VOC if the state
provides an inventory of emissions from such class or category of
sources. See CAA section 182(a)(3)(B)(ii).
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    \1\ See 80 FR 65291.
    \2\ See 83 FR 25776.
    \3\ See 40 CFR 81.321.
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    Additionally, Maryland is located in the ozone transport region
(OTR)

established by Congress in section 184 of the CAA. Pursuant to section
184(b)(2), any stationary source that emits or has the potential to
emit at least 50 tons per year (tpy) of VOC shall be considered a major
stationary source and subject to the requirements which would be
applicable to major stationary sources if the area were classified as a
moderate nonattainment area. See CAA section 184. Thus, states within
the OTR are subject to certain plan requirements in CAA section 182(b)
applicable to moderate nonattainment areas. Also, section 182(f)(1) of
the CAA requires that the plan provisions required for major stationary
sources of VOC also apply to major stationary sources of NOX
for states with moderate (or worse) ozone nonattainment areas. A major
stationary source of NOX is defined as a stationary facility
or source of air pollutants which directly emits or has the potential
to emit 100 tpy or more of NOX. See CAA section 302(j).
Because Maryland is in the OTR, stationary sources located in
attainment areas in Maryland and which emit above 50 tpy of VOC or 100
tpy of NOX are considered major sources and also subject to
the requirements of major stationary sources in moderate (or worse)
nonattainment areas, including the emissions statement submission
required by CAA section 182(a)(3)(B). See CAA sections 182(f) and
184(b)(2).
    On July 6, 2020, the State of Maryland, through the Maryland
Department of the Environment (MDE), submitted a SIP revision to
satisfy the emissions statement requirement of CAA section 182(a)(3)(B)
for the 2015 ozone NAAQS.

II. Summary of SIP Revision and EPA Analysis

    On October 12, 1994 (59 FR 51517), EPA first approved Maryland's
SIP submittal satisfying CAA section 182(a)(3)(B) and has approved
submissions for section 182(a)(3)(B) for each succeeding revision of
the ozone NAAQS. Maryland's emissions reporting requirements are
codified in Code of Maryland Regulations (COMAR) <IP_ADDRESS>-1
``Emissions Statements.'' COMAR <IP_ADDRESS>-1 requires sources that
emit above specified thresholds of NOX or VOC to submit an
emissions statement to the State. The emissions threshold for reporting
varies according to the county in which the source is located. The
statement must be submitted by a certified individual who can verify
the source's actual emissions.
    COMAR <IP_ADDRESS>-1.A(1) requires a person who owns or operates any
installation, source, or premises that emits 25 tons or more of
NOX or VOC during a calendar year and is located in
Baltimore City or the counties of Anne Arundel, Baltimore, Calvert,
Carroll, Cecil, Charles, Frederick, Harford, Howard, Kent, Montgomery,
Prince George's, or Queen Anne's to submit an emissions statement to
the state. These counties are included in various ozone nonattainment
areas. See 40 CFR 81.321. Per CAA section 182(a)(3)(B)(ii), states may
waive this requirement for sources that emit less than 25 tpy of
NOX or VOC if the state provides an inventory of emissions
from such class or category of sources as required by CAA sections 172
and 182. Maryland provides emissions inventories for nonattainment
areas as required by CAA sections 172(c)(3) and 182(a)(3)(B).\4\
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    \4\ The Maryland Department of the Environment has previously
formally submitted base year 2017 emissions inventories for: The
Baltimore, MD 2015 Ozone NAAQS Nonattainment Area; the Cecil County,
MD 2015 Ozone NAAQS Nonattainment Area; and the Washington DC-MD-VA
2015 Ozone NAAQS Nonattainment Area.
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    COMAR <IP_ADDRESS>-1 also requires a person who owns or operates any
installation, source, or premises that emits 50 tons or more of VOC or
100 tons or more of NOX during a calendar year to submit an
emissions statement if they are located in the following counties:
Allegany, Caroline, Dorchester, Garrett, St. Mary's, Somerset, Talbot,
Washington, Wicomico, or Worcester Counties. These counties are
designated attainment/unclassifiable for the 2015 ozone NAAQS but
within the OTR; therefore, sources in attainment areas for the 2015
ozone NAAQS that emit 50 tpy or more of VOC or 100 tpy or more of
NOX are considered major sources and subject to the
requirements for major stationary sources applicable to moderate
nonattainment areas. Because the requirements for moderate
nonattainment areas include all the requirements for marginal areas,
major sources in these areas are also subject to the emission statement
submission requirement specified in CAA section 182(a)(3)(B).\5\
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    \5\ See CAA sections 182(f) and 184(b)(2).
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    In Maryland's July 6, 2020 SIP submittal, Maryland states that the
existing COMAR <IP_ADDRESS>-1 ``Emissions Statements'' continues to
satisfy section 182(a)(3)(B) for the 2015 ozone NAAQS because Maryland
has not made any changes since EPA's prior approval and COMAR
<IP_ADDRESS>-1 meets the CAA requirements for emission statements.\6\
EPA is proposing to find that COMAR <IP_ADDRESS>-1 continues to satisfy
CAA section 182(a)(3)(B) because the existing rule is applicable to the
entire State of Maryland and requires stationary sources that emit
NOX or VOC to submit an emissions statement to the State
detailing the sources' emissions. EPA finds that Maryland's emissions
thresholds for stationary sources that are required to submit an
emissions statement meet CAA requirements in sections 182 (plan
submissions and requirements for ozone nonattainment areas) and 184
(OTR requirements).\7\ Therefore, EPA has determined that COMAR
<IP_ADDRESS>-1, which is currently in the Maryland SIP, is appropriate
to address the emissions statement requirement in section 182(a)(3)(B)
and is proposing to approve this SIP revision. EPA is soliciting public
comments on the issues discussed in this document. These comments will
be considered before taking final action.
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    \6\ See 59 FR 51517 (October 12, 1994).
    \7\ See also ``Guidance on the Implementation of an Emission
Statement Program (July 1992).''
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III. Proposed Action

    EPA is proposing to approve the May 12, 2020 Maryland SIP revision,
submitted on July 6, 2020, certifying that Maryland's existing SIP-
approved emissions statement regulation meets the emissions statement
requirement of section 182(a)(3)(B) of the CAA for the 2015 ozone
NAAQS.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);

     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed rulemaking, which proposes to approve
Maryland's certification that Maryland's SIP-approved emissions
statement regulation meets the emissions statement requirement of
section 182(a)(3)(B) of the CAA, does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.

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

    Dated: May 28, 2021.
Diana Esher,
Acting Regional Administrator, Region III.
[FR Doc. 2021-11924 Filed 6-15-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: January 24, 2008 (Volume 73, Number 16)]
[Proposed Rules]
[Page 4127-4129]
[DOCID:fr24ja08-37]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0055; Directorate Identifier 2007-CE-099-AD]
RIN 2120-AA64

Airworthiness Directives; Pacific Aerospace Limited Models FU24-
954 and FU24A-954 Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed AD results from mandatory
continuing airworthiness information (MCAI) originated by an aviation
authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as:

    This AD is prompted by reports of loosening rivets securing the
threaded inserts in the ends of the aileron control pushrods P/N 08-
24015-1. Aileron push-pull rods P/N 08-24015-1 have been installed
on aircraft embodying PAC/FU/0340.

The proposed AD would require actions that are intended to address the
unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by February 25,
2008.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov.
 Follow the instructions for submitting comments.

     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov
; or in person at the Docket Management Facility

between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (telephone<PHONE_NUMBER>) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.

FOR FURTHER INFORMATION CONTACT: Karl Schletzbaum, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2008-0055;
Directorate Identifier 2007-CE-099-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov
, including any personal information you provide. We

will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The Civil Aviation Authority of New Zealand (CAA), which is the
aviation authority for New Zealand, has issued DCA/FU24/177, dated
November 28, 2007, to correct an unsafe condition for the specified
products. The MCAI states:

    This AD is prompted by reports of loosening rivets securing the
threaded inserts in the ends of the aileron control pushrods P/N 08-
24015-1. Aileron push-pull rods P/N 08-24015-1 have been installed
on aircraft embodying PAC/FU/0340.

The MCAI requires an initial and repetitive inspection of the aileron
and elevator control push-rods and requires corrective action as
necessary.

    You may obtain further information by examining the MCAI in the AD
docket.

Relevant Service Information

    Pacific Aerospace Limited has issued PACSB/FU/091, Issue 2, dated
November 12, 2007. The actions described in this service information
are intended to correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of the Proposed AD

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

Differences Between This Proposed AD and the MCAI or Service
Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 2 products of U.S. registry. We also estimate that
it would take about 1 work-hour per product to comply with the basic
requirements of this proposed AD. The average labor rate is $80 per
work-hour.
    Based on these figures, we estimate the cost of the proposed AD on
U.S. operators to be $160, or $80 per product.
    In addition, we estimate that any necessary follow-on actions would
take about 5 work-hours and require parts costing $100, for a cost of
$500 per product. We have no way of determining the number of products
that may need these actions.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Pacific Aerospace Limited: Docket No. FAA-2008-0055; Directorate
Identifier 2007-CE-099-AD.

Comments Due Date

    (a) We must receive comments by February 25, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to models FU24-954 and FU24A-954 airplanes,
all serial numbers, certificated in any category.

Subject

    (d) Air Transport Association of America (ATA) Code 27: Flight
Controls.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:

    This AD is prompted by reports of loosening rivets securing the
threaded inserts in the ends of the aileron control pushrods P/N 08-
24015-1. Aileron push-pull rods P/N 08-24015-1 have been installed
on aircraft embodying PAC/FU/0340.

The MCAI requires an initial and repetitive inspection of the
aileron and elevator control push-rods and requires corrective
action as necessary.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) Within the next 50 hours time-in-service (TIS) after the
effective date of this AD, inspect the pushrod ends on the aileron
and elevator control pushrods part number (P/N) 08-24015-1 following
Pacific Aerospace Limited Service Bulletin No. PACSB/FU/091, Issue
2, dated November 12, 2007. Repetitively inspect thereafter at
intervals not to exceed 150 hours TIS.
    (2) Before further flight after any inspection where any rivets
are found on aileron and elevator control pushrods P/N 08-24015-1
that have detectable play between the pushrod and the insert or
evidence of working rivets, replace the rivets following Pacific
Aerospace Limited Service Bulletin No. PACSB/FU/091, Issue 2, dated
November 12, 2007.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. Send
information to ATTN: Karl Schletzbaum, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri

64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>. Before using
any approved AMOC on any airplane to which the AMOC applies, notify
your appropriate principal inspector (PI) in the FAA Flight
Standards District Office (FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et. seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.

Related Information

    (h) Refer to MCAI Civil Aviation Authority of New Zealand (CAA),
which is the aviation authority for New Zealand, DCA/FU24/177, dated
November 28, 2007; and Pacific Aerospace Limited Service Bulletin
No. PACSB/FU/091, Issue 2, dated November 12, 2007, for related
information.

    Issued in Kansas City, Missouri, on January 16, 2008.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
 [FR Doc. E8-1137 Filed 1-23-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 18 (Friday, January 26, 2018)]
[Notices]
[Pages 3756-3757]
[FR Doc No: 2018-01442]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2017-0953]

Collection of Information Under Review by Office of Management
and Budget; OMB Control Number: 1625-0029

AGENCY: Coast Guard, DHS.

ACTION: Thirty-day notice requesting comments.

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

SUMMARY: In compliance with the Paperwork Reduction Act of 1995 the
U.S. Coast Guard is forwarding an Information Collection Request (ICR),
abstracted below, to the Office of Management and Budget (OMB), Office
of Information and Regulatory Affairs (OIRA), requesting approval for
reinstatement, without change, of the following collection of
information: 1625-0029, Self-propelled Liquefied Gas Vessels. Our ICR
describes the information we seek to collect from the public. Review
and comments by OIRA ensure we only impose paperwork burdens
commensurate with our performance of duties.

DATES: Comments must reach the Coast Guard and OIRA on or before
February 26, 2018.

ADDRESSES: You may submit comments identified by Coast Guard docket
number [USCG-2017-0953] to the Coast Guard using the Federal
eRulemaking Portal at http://www.regulations.gov. Alternatively, you
may submit comments to OIRA using one of the following means:
    (1) Email: [email protected].
    (2) Mail: OIRA, 725 17th Street NW, Washington, DC 20503, attention
Desk Officer for the Coast Guard.
    A copy of the ICR is available through the docket on the internet
at http://www.regulations.gov. Additionally, copies are available from:
Commandant (CG-612), Attn: Paperwork Reduction Act Manager, U.S. Coast
Guard, 2703 Martin Luther King Jr. Ave. SE, Stop 7710, Washington, DC
20593-7710.

FOR FURTHER INFORMATION CONTACT:  Mr. Anthony Smith, Office of
Information Management, telephone<PHONE_NUMBER>, or fax<PHONE_NUMBER>,
for questions on these documents.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    This Notice relies on the authority of the Paperwork Reduction Act
of 1995; 44 U.S.C. Chapter 35, as amended. An ICR is an application to
OIRA seeking the approval, extension, or renewal of a Coast Guard
collection of information (Collection). The ICR contains information
describing the Collection's purpose, the Collection's likely burden on
the affected public, an explanation of the necessity of the Collection,
and other important information describing the Collection. There is one
ICR for each Collection. The Coast Guard invites comments on whether
this ICR should be granted based on the Collection being necessary for
the proper performance of Departmental functions. In particular, the
Coast Guard would appreciate comments addressing: (1) The practical
utility of the Collection; (2) the accuracy of the estimated burden of
the Collection; (3) ways to enhance the quality, utility, and clarity
of information subject to the Collection; and (4) ways to minimize the
burden of the Collection on respondents, including the use of automated
collection techniques or other forms of information technology. These
comments will help OIRA determine whether to approve the ICR referred
to in this Notice.
    We encourage you to respond to this request by submitting comments
and related materials. Comments to Coast Guard or OIRA must contain the
OMB Control Number of the ICR. They must also contain the docket number
of this request, [USCG-2017-0953], and must be received by February 26,
2018.

Submitting Comments

    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions. Documents mentioned in this notice, and all public
comments, are in our online docket at http://www.regulations.gov and
can be viewed by following that website's instructions. Additionally,
if you go to the online docket and sign up for email alerts, you will
be notified when comments are posted.
    We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
    OIRA posts its decisions on ICRs online at http://www.reginfo.gov/public/do/PRAMain after the comment period for each ICR. An OMB Notice
of Action on each ICR will become available via a hyperlink in the OMB
Control Number: 1625-0029.

Previous Request for Comments

    This request provides a 30-day comment period required by OIRA. The
Coast Guard published the 60-day notice (82 FR 49636, October 26, 2017)
required by 44 U.S.C. 3506(c)(2). That Notice elicited no comments.
Accordingly, no changes have been made to the Collection.

Information Collection Request

    Title: Self-propelled Liquefied Gas Vessels.
    OMB Control Number: 1625-0029.
    Summary: The information is needed to ensure compliance with our
rules for the design and operation of liquefied gas carriers.
    Need: Title 46 U.S.C. 3703 and 9101 authorizes the Coast Guard to
establish regulations to protect life, property, and the environment
from the hazards associated with the carriage of dangerous liquid cargo
in bulk. Title 46 CFR part 154 prescribes the rules for the carriage of
liquefied gases in bulk on self-propelled vessels by governing the
design, construction, equipment, and operation of these vessels and the
safety of personnel aboard them.
    Forms: None.
    Respondents: Owners and operators of self-propelled vessels
carrying liquefied gas.
    Frequency: On occasion.
    Hour Burden Estimate: The estimated burden has increased from 7,890
hours to 8,169 hours a year due to an increase in the estimated number
of respondents.

    Authority:  The Paperwork Reduction Act of 1995; 44 U.S.C.
Chapter 35, as amended.

    Dated: January 18, 2018.
James D. Roppel,
U.S. Coast Guard, Acting Chief, Office of Information Management.
[FR Doc. 2018-01442 Filed 1-25-18; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 85, Number 19 (Wednesday, January 29, 2020)]
[Rules and Regulations]
[Page 5129]
[FR Doc No: 2020-01286]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.

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

Federal Register / Vol. 85, No. 19 / Wednesday, January 29, 2020 /
Rules and Regulations

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2019-0972]

Special Local Regulations; Mark Hahn Memorial 300 PWC Endurance
Race, Lake Havasu City, AZ

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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

SUMMARY: The Coast Guard will enforce the Mark Hahn Memorial 300 PWC
Endurance Race special local regulations on the waters of Lake Havasu,
Arizona on February 22 through February 23, 2020. These special local
regulations are necessary to provide for the safety of the
participants, crew, spectators, sponsor vessels, and general users of
the waterway. During the enforcement period, persons and vessels are
prohibited from anchoring, blocking, loitering, or impeding within this
regulated area unless authorized by the Captain of the Port, or his
designated representative.

DATES: The regulations in 33 CFR 100.1102, Table 1, Item 14 will be
enforced from 8 a.m. through 6 p.m., each day from February 22, 2020
through February 23, 2020.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
publication of enforcement, call or email Lieutenant Briana Biagas,
Waterways Management, U.S. Coast Guard Sector San Diego, CA; telephone
(619) 278-7656, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the special
local regulations in 33 CFR 100.1102 for the Mark Hahn Memorial 300 PWC
Endurance Race on Lake Havasu, AZ in 33 CFR 100.1102, Table 1, Item 14
of that section from 8 a.m. until 6 p.m. daily, on February 22, 2020
and February, 23, 2020. This enforcement action is being taken to
provide for the safety of life on navigable waterways during the event.
The Coast Guard's regulation for recurring marine events in the San
Diego Captain of the Port Zone identifies the regulated entities and
area for this event. Under the provisions of 33 CFR 100.1102, persons
and vessels are prohibited from anchoring, blocking, loitering, or
impeding within this regulated area, unless authorized by the Captain
of the Port, or his designated representative. The Coast Guard may be
assisted by other Federal, State, or local law enforcement agencies in
enforcing this regulation.
    In addition to this document in the Federal Register, the Coast
Guard will provide the maritime community with advance notification of
this enforcement period via the Local Notice to Mariners, and local
advertising by the event sponsor.
    If the Captain of the Port Sector San Diego or his designated
representative determines that the regulated area need not be enforced
for the full duration stated on this document, he or she may use a
Broadcast Notice to Mariners or other communications coordinated with
the event sponsor to grant general permission to enter the regulated
area.

    Dated: January 16, 2020.
T.J. Barelli,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2020-01286 Filed 1-28-20; 8:45 am]
BILLING CODE 9110-04-P


Supporting Statement

ENVIRONMENTAL PROTECTION AGENCY

1.  Identification of the Information Collection

1(a)  Title of the Information Collection

NSPS for Sewage Sludge Treatment Plants (40 CFR part 60, subpart O) (Renewal),

EPA ICR Number 1063.11, OMB Control Number 2060-0035

1(b)  Short Characterization/Abstract

The New Source Performance Standards (NSPS) for Sewage Sludge Treatment Plant Incinerators (40 CFR part 60, subpart O) were promulgated on February 28, 1974 (39 FR 9312) and amended on October 6, 1975, November 10, 1977, October 6, 1988, and October 17, 2000.  These standards apply to each incinerator which combusts wastes containing more than 10 percent sewage sludge (dry basis) produced by municipal sewage treatment plants or each incinerator which charges more than 1000 kg  (2205 lb.) per day municipal sewage sludge (dry basis), and any facility that commenced construction or modification after June 11, 1973.  Particulate matter (PM) is the pollutant regulated under this subpart.   The standard sets an emission limitation for PM.  This information is being collected to assure compliance with this regulation.

Approximately 112 facilities with 218 units are currently subject to the standard. It is estimated that two new units will be built over the next five years or 1.2 additional sources will become subject to the regulation over the next three years.  The average annual cost to industry over the next three years of this Information Collection Request (ICR) is estimated to be $1,178,948 in labor, and $3,960,000 in annualized capital/startup costs and operating & maintenance (O&M).

OMB approved the current ICR without any “Terms of Clearance.”

2.  Need for and Use of the Collection

2(a)  Need/Authority for the Collection

The EPA is charged under Section 111 of the Clean Air Act (CAA), as amended, to establish standards of performance for new stationary sources that reflect:

. . . application of the best technological system of continuous emissions reduction which (taking into consideration the cost of achieving such emissions reduction, or any non-air quality health and environmental impact and energy requirements) the Administrator determines has been adequately demonstrated. Section 111(a)(l).

The Agency refers to this charge as selecting the best demonstrated technology (BDT).  Section 111 also requires that the Administrator review and, if appropriate, revise such standards every eight years.

In the Administrator’s judgment, particulate matter emissions from sewage sludge treatment plant incinerators either cause or contribute to air pollution that may reasonably be anticipated to endanger public health or welfare.  Therefore, the NSPS were promulgated for this source category at 40 CFR part 60, subpart O.

2(b)  Practical Utility/Users of the Data

The control of emissions of particulate matter from sewage sludge treatment plant incinerators requires not only the installation of properly designed equipment, but also the operation and maintenance of that equipment.  Emissions of particulate matter from sewage sludge treatment plant incinerators are the result of operation of the affected facilities.  The subject standards are achieved by the reduction of particulate matter emissions using control technology and leak detection and repair procedures.

The recordkeeping and reporting requirements in the standard ensures compliance with the applicable regulations which where promulgated in accordance with the Clean Air Act.  The collected information is also used for targeting inspections and as evidence in legal proceedings.

Performance tests are required in order to determine an affected facility’s initial capability to comply with the emission standard(s). Continuous emission monitors are used to ensure compliance with the standard(s) at all times. The notifications required in the standard(s) are used to inform the Agency or delegated authority when a source becomes subject to the requirements of the regulations.  The reviewing authority may then inspect the source to check if the pollution control devices are properly installed and operated and the standard(s) are being met.  The performance test may also be observed.

The required semiannual reports are used to determine periods of excess emissions, identify problems at the facility, verify operation/maintenance procedures and for compliance determinations.

3.  Non-duplication, Consultations, and Other Collection Criteria

The requested recordkeeping and reporting are required under 40 CFR part 60, subpart O.

3(a)  Non-duplication

If the subject standards have not been delegated, the information is sent directly to the appropriate EPA regional office.  Otherwise, the information is sent directly to the delegated state or local agency.  If a state or local agency has adopted its own similar standards to implement the Federal standards, a copy of the report submitted to the state or a local agency can be sent to the Administrator in lieu of the report required by the Federal standards.  Therefore, no duplication exists.

3(b)  Public Notice Required Prior to ICR Submission to OMB

An announcement of a public comment period for the renewal of this ICR was published in the Federal Register on July 8, 2009 (74 FR 32580).  No comments were received on the burden published in the Federal Register.

3(c)  Consultations

The Agency based the number of sources for this ICR on estimates in the upcoming NSPS/Emission Guidelines (EG) for Sewage Sludge Incinerators. The Agency has consulted with the National Association of Clean Water Agencies to update the inventory of facilities and sources and refine the inventory further based on new information collected from the ICR, permits, states, and state public databases.

It is our policy to respond after a thorough review of comments received since the last ICR renewal as well as those submitted in response to the first Federal Register notice.  In this case, no comments were received.

3(d)  Effects of Less Frequent Collection

Less frequent information collection would decrease the margin of assurance that facilities are continuing to meet the standards.  Requirements for information gathering and recordkeeping are useful techniques to ensure that good operation and maintenance practices are applied and emission limitations are met.  If the information required by these standards was collected less frequently, the proper operation and maintenance of control equipment and the possibility of detecting violations would be less likely.

3(e)  General Guidelines

These reporting or recordkeeping requirements do not violate any of the regulations promulgated by OMB under 5 CFR part 1320, section 1320.5.

3(f)  Confidentiality

Any information submitted to the Agency for which a claim of confidentiality is made will be safeguarded according to the Agency policies set forth in Title 40, Chapter 1, part 2, subpart B - Confidentiality of Business Information (CBI) (see 40 CFR 2; 41 FR 36902, September 1, 1976; amended by 43 FR 40000, September 8, 1978; 43 FR 42251, September 20, 1978; 44 FR 17674, March 23, 1979).

3(g)  Sensitive Questions

The reporting or recordkeeping requirements in the standard do not include sensitive questions.

4.  The Respondents and the Information Requested

4(a)  Respondents/NAIC Codes

The respondents to the recordkeeping and reporting requirements are sewage sludge treatment plants The United States Standard Industrial Classification (SIC) code for the respondents affected by the standards is 4952, which corresponds to the NAICS (The North American Industry Classification System) 221320 for Sewage Sludge Treatment Plants.

4(b)  Information Requested

(i)  Data Items

All data in this ICR that is recorded and/or reported is required by New Source Performance Standards (NSPS) for Sewage Sludge Treatment Plants (40 CFR part 60, subpart O).

A source must make the following reports:

Notifications and Reports

Notification and application of construction or modification.

60.7(a)

Notification of anticipated date of initial startup.

60.7(a)

Notification of actual startup.

60.7(a)

Notification of physical or operational change which may increase the emission rate.

60.7(a)

Notification of initial performance tests.

60.8(d)

Demonstration of continuous monitoring system.

60.7(a)

Date upon which demonstration of continuous monitoring system performance commences.

60.7(a)

Initial performance test.

60.8(a)

Owner or operator of any multiple hearth, fluidized bed, or electric sludge incinerator shall submit a semiannual report which contains the following: scrubber pressure drop measurements, oxygen content, temperatures, rate of sludge charged, moisture and volatile solids of daily grab sample of sludge charged to the incinerator, and a record of control device operation measurements for other than a wet scrubber.

60.155(a), 60.155(b), and 60.155(c)

A source must keep the following records:

Recordkeeping

Startups, shutdowns, malfunctions, periods where the continuous monitoring system is inoperative.

60.7(b)

Maintain a file of all measurements including, performance test measurements, and all other information required by this subpart recorded in a permanent file suitable for inspection.

60.7(e)

Recording of daily charging rates and hours of operations

60.153(a)(1)

Install, calibrate, maintain and operate weighing device for determination of the mass of any municipal solid waste charged to

the incinerator.

60.153(a)(3)

Install, calibrate, maintain and operate a monitoring device that continuously measures and records the pressure drop of gas flow through the wet scrubbing device.

60.153(b)(1)

Install, calibrate, maintain and operate a monitoring device that continuously measures and records the oxygen content of the incinerator exhaust gas.

60.153(b)(2)

Install, calibrate, maintain and operate temperature measuring devices. The temperature monitoring devices shall be operated continuously and data recorded during all periods of operation of the incinerator.

60.153(b)(3)

Install, calibrate, maintain and operate a device for measuring the fuel flow to the incinerator.  The fuel flow measuring device shall be operated continuously and data recorded during all periods of operation of the incinerator.

60.153(b)(4)

Collect and analyze a grab sample of the sludge fed to the incinerator once per day.

60.153(b)(5)

Test methods and procedures for performance tests.

60.154

Install, calibrate, maintain, and operate continuous monitoring system.

60.13

Owner or operator of any multiple hearth, fluidized bed, or electric sludge incinerator subject to the provisions of this subpart, shall retain the following information and make it available for inspection: the measured pressure drop of the gas flow through the wet scrubbing device, a record of the measured oxygen content of the incinerator exhaust gas, record of the rate of sludge charged to the incinerator, the measured temperatures of the incinerator, the fuel flow to the incinerator, and the total solids and volatile solids content of the sludge charges to the incinerator.

60.153(c)(1), 60.153(c)(2), and 60.153(c)(3)

The owner or operator of any sludge incinerator other than a multiple hearth, fluidized bed, or electric incinerator or any sludge incinerator equipped with a control device other than a wet scrubber shall submit for approval a plan for monitoring and recording incinerator and control device operation parameters.

60.153(e)

Maintain records for two years.

60.7(f)

Electronic Reporting

Some of the respondents are using monitoring equipment that automatically records parameter data.  Although personnel at the affected facility must still evaluate the data, internal automation has significantly reduced the burden associated with monitoring and recordkeeping at a plant site.

Also, regulatory agencies in cooperation with the respondents, continue to create reporting systems to transmit data electronically.  However, electronic reporting systems are still not widely used.  At this time, it is estimated that approximately 10 percent of the respondents use electronic reporting.

(ii)  Respondent Activities

Respondent Activities

Read instructions.

Install, calibrate, maintain, and operate a Continuous Monitoring System (CMS) for opacity, or for pressure drop and liquid supply pressure for wet scrubber.

Perform initial performance test, Reference Method 5 and 9 test, and repeat performance tests if necessary.

Write the notifications and reports listed above.

Enter information required to be recorded above.

Submit the required reports developing, acquiring, installing, and utilizing technology and systems for the purpose of collecting, validating, and verifying information.

Develop, acquire, install, and utilize technology and systems for the purpose of processing and maintaining information.

Develop, acquire, install, and utilize technology and systems for the purpose of disclosing and providing information.

Adjust existing ways to comply with any previously applicable instructions and requirements.

Train personnel to be able to respond to a collection of information.

Transmit, or otherwise disclose the information.

Currently, sources are using automated monitoring equipment that provides parameter data.  Although personnel at the source still need to evaluate the data, this type of monitoring equipment has significantly reduced the burden associated with monitoring and recordkeeping.

5.  The Information Collected:  Agency Activities, Collection Methodology, and Information Management

5(a)  Agency Activities

EPA conducts the following activities in connection with the acquisition, analysis, storage, and distribution of the required information.

Agency Activities

Observe initial performance tests and repeat performance tests if necessary.

Review notifications and reports, including performance test reports, and excess emissions reports, required to be submitted by industry.

Audit facility records.

Input, analyze, and maintain data in the AIRS Facility Subsystem (AFS).

5(b)  Collection Methodology and Management

Following notification of startup, the reviewing authority might inspect the source to determine whether the pollution control devices are properly installed and operated.  Performance test reports are used by the Agency to discern a source’s initial capability to comply with the emission standard and note the operating conditions under which compliance was achieved.  Data and records maintained by the respondents are tabulated and published for use in compliance and enforcement programs.  The semiannual reports are used for problem identification, as a check on source operation and maintenance, and for compliance determinations.

Information contained in the reports is entered into the AFS which is operated and maintained by the EPA’s Office of Compliance.  AFS is EPA’s database for the collection, maintenance and retrieval of compliance data for over 125,000 industrial and government-owned facilities.  EPA uses the AFS for tracking air pollution compliance and enforcement by local and state regulatory agencies, EPA regional offices and EPA headquarters. EPA and its delegated Authorities can edit, store, retrieve and analyze the data.  The records required by this regulation must be retained by the owner or operator for two years.

5(c)  Small Entity Flexibility

There are no small businesses affected by this regulation at present, and no small businesses are expected to become subject to the regulation in the next three years. (64 FR 72057, December 23, 1999).

5(d)  Collection Schedule

The specific frequency for each information collection activity within this request is shown below in Table 1: Annual Respondent Burden and Cost for NSPS for Sewage Sludge Treatment Plants (40 CFR part 60, subpart O) (Renewal).

6.  Estimating the Burden and Cost of the Collection

Table 1 documents the computation of individual burdens for the recordkeeping and reporting requirements applicable to the industry for the subpart included in this ICR.  The individual burdens are expressed under standardized headings believed to be consistent with the concept of burdens under the Paperwork Reduction Act.  Where appropriate, specific tasks and major assumptions have been identified.  Responses to this information collection are mandatory.

The Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB Control Number.

6(a)  Estimating Respondent Burden

The average annual burden to industry over the next three years from these recordkeeping and reporting requirements is estimated to be 12,464 (Total Labor Hours from Table 1).  The recordkeeping hours, shown in Table 1, are 2,097.6 and the reporting requirement hours, also shown in Table 1, are 10,366.3.  These hours are based on Agency studies and background documents from the development of the regulation, Agency knowledge and experience with the NSPS program, the previously approved ICR, and any comments received.

6(b)  Estimating Respondent Costs

(i)  Estimating Labor Costs

This ICR uses the following labor rates:

Managerial	$114.49 ($54.52 + 110%)

Technical	$98.20 ($46.76 + 110%)

Clerical	$48.53 ($23.11 + 110%)

These rates are from the United States Department of Labor, Bureau of Labor Statistics, September 2009, “Table 2. Civilian Workers, by occupational and industry group.”  The rates are from column 1, “Total compensation.”  The rates have been increased by 110 percent to account for the benefit packages available to those employed by private industry.

(ii)  Estimating Capital/Startup and Operating and Maintenance Costs

The types of industry cost associated with the information collection activities in the subject standard are both labor costs which are addressed elsewhere in this ICR and the costs associated with continuous monitoring.  The capital/startup costs are one-time cost when a facility becomes subject to the regulation.  The annual operation and maintenance costs are the ongoing costs to maintain the monitors and other costs such as photocopying and postage.

(iii)  Capital/Startup vs. Operating and Maintenance (O&M) Costs

Capital/Startup vs. Operating and Maintenance (O&M) Costs

(A)

Continuous Monitoring Device

(B)

Capital/Startup Cost for One Respondent

(C)

Number of New Respondents

(D)

Total Capital/Startup Cost,

(B X C)

(E)

Annual O&M Costs for One Respondent

(F)

Number of Respondents with O&M

(G)

Total O&M,

(E X F)

Particulate Matter

$100,000

0.4

$40,000

$35,000

112

$3,920,000

The total capital/startup costs for this ICR are $40,000.  This is the total of column D in the above table.  The total operating and maintenance (O&M) costs for this ICR are $3,920,000.  This is the total of column G.

The total respondent costs have been calculated as the addition of the capital/startup costs, and the annual operation and maintenance costs.  The average annual cost for capital/startup and operation and maintenance cost to industry over the next three years of the ICR is estimated to be $3,960,000.  All costs are considered recordkeeping costs.

6(c)  Estimating Agency Burden and Cost

The only costs to the Agency are those costs associated with analysis of the reported information.  EPA’s overall compliance and enforcement program includes activities such as the examination of records maintained by the respondents, periodic inspection of sources of emissions, and the publication and distribution of collected information.

The average annual Agency cost during the three years of the ICR is estimated to be $94,999.  Details upon which this estimate is based appear below in Table 2: Annual Agency Burden and Cost for NSPS for Sewage Sludge Treatment Plant Incinerators (40 CFR part 60, subpart O) (Renewal).

This cost is based on the average hourly labor rate as follows:

Managerial	$62.27 (GS-13, Step 5, $38.92 + 60%)

Technical	$46.21 (GS-12, Step 1, $28.88 + 60%)

Clerical	$25.01 (GS-6, Step 3, $15.63 + 60%)

These rates are from the Office of Personnel Management (OPM), 2010 General Schedule, which excludes locality rates of pay.  The rates have been increased by 60 % to account for the benefit packages available to government employees.  Details upon which this estimate is based appear below in Table 2: Annual Agency Burden and Cost for NSPS for Sewage Sludge Treatment Plants (40 CFR part 60, subpart O) (Renewal).

6(d)  Estimating the Respondent Universe and Total Burden and Costs

Based on our research for this ICR, approximately 112 existing facilities are currently subject to the standard.  It is estimated that no expected additional sources per year will become subject to the standard in the next three years.

Number of respondents is calculated using the following table which addresses the three years covered by this ICR.

Number of Respondents

Respondents That Submit Reports

Respondents That Do Not Submit Any Reports

Year

(A)

Number of New Respondents 1

(B)

Number of Existing Respondents

(C)

Number of Existing Respondents that keep records but do not submit reports

(D)

Number of Existing Respondents That Are Also New Respondents

(E)

Number of Respondents

(E=A+B+C-D)

1

0.4

112

0

0.4

112

2

0.4

112

0

0.4

112

3

0.4

112

0

0.4

112

Average

0.4

112

0

0.4

112

1 New respondents include sources with constructed, reconstructed and modified affected facilities.

To avoid double-counting respondents, column D is subtracted.  As shown above, the average Number of Respondents over the three-year period of this ICR is 112.

The total number of annual responses per year is calculated using the following table:

Total Annual Responses

(A)

Information Collection Activity

(B)

Number of Respondents

(C)

Number of Responses

(D)

Number of Existing Respondents That Keep Records But Do Not Submit Reports

(E)

Total Annual Responses

E=(BxC)+D

Notification of construction/ reconstruction

0.4

1

N/A

0.4

Notification of physical and operational changes

0.4

1

N/A

0.4

Notification of demonstration of CMS

0.4

1

N/A

0.4

Notification of actual startup

0.4

1

N/A

0.4

Notification of initial performance test

0.4

1

N/A

0.4

Semiannual report of excess emissions

112

2

N/A

224

Total

226 (rounded)

The number of Total Annual Responses is 226.

The total annual labor costs are $1,178,948.  Details regarding these estimates may be found below in Table 1: Annual Respondent Burden and Cost for NSPS for Sewage Sludge Treatment Plants (40 CFR part 60, subpart O) (Renewal).

Note that the total annual capital and O&M costs to the regulated entity are $3,960,000. These costs are detailed in Section 6(b)(iii), Capital/Startup vs. Operating and Maintenance (O&M) Costs.

6(e)  Bottom Line Burden Hours Burden Hours and Cost Tables

The detailed bottom line burden hours and cost calculations for the respondents and the Agency are shown in Tables 1 and 2 below, respectively, and summarized below.

(i) Respondent Tally

The total annual labor hours are 12,464. Details regarding these estimates may be found below in Table 1: Annual Respondent Burden and Cost for NSPS for Sewage Sludge Treatment Plants (40 CFR part 60, subpart O) (Renewal).  Furthermore, the annual public reporting and recordkeeping burden for this collection of information is estimated to average 55 hours (rounded) per response.

(ii) The Agency Tally

The average annual Agency burden and cost over next three years is estimated to be 2,097 labor hours at a cost of $94,999.  See below Table 2: Annual Agency Burden and Cost for NSPS for Sewage Sludge Treatment Plants (40 CFR part 60, subpart O) (Renewal).

6(f)  Reasons for Change in Burden

There is an increase in the total estimated burden as currently identified in the OMB Inventory of Approved Burdens which is due to more accurate estimates of existing sources.  The number of existing facilities changed from 54 to 112 and increased the number of responses, burden hours, labor costs, and O&M costs.  A reduction in capital/start-up costs occurred due to the decrease of anticipated new sources which declined from 1 to 0.4 new sources per year.

6(g)  Burden Statement

The annual public reporting and recordkeeping burden for this collection of information is estimated to average 55 hours per response (rounded).  Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency.  This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information.

An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid OMB Control Number.  The OMB Control Numbers for EPA’s regulations are listed at 40 CFR part 9 and 48 CFR chapter 15.

	To comment on the Agency’s need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID Number EPA-HQ-OECA-2009-0413. An electronic version of the public docket is available at http://www.regulations.gov, which may be used to obtain a copy of the draft collection of information, submit or view public comments, access the index listing of the contents of the docket, and to access those documents in the public docket that are available electronically.  When in the system, select “search,” then key in the docket ID number identified in this document.  The documents are also available for public viewing at the Enforcement and Compliance Docket and Information Center in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave., NW, Washington, DC.  The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays.  The telephone number for the Reading Room is<PHONE_NUMBER>, and the telephone number for the Enforcement and Compliance Docket and Information Center is (202) 566-1752.  Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Office for EPA. Please include the EPA Docket ID Number EPA-HQ-OECA-2009-0413 and OMB Control Number 2060-0035 in any correspondence.

Part B of the Supporting Statement

This part is not applicable because no statistical methods were used in collecting this information.

 PAGE   11


[Federal Register Volume 84, Number 138 (Thursday, July 18, 2019)]
[Notices]
[Pages 34455-34457]
[FR Doc No: 2019-15252]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-86364; File No. SR-ICEEU-2019-013]

Self-Regulatory Organizations; ICE Clear Europe Limited; Order
Approving Proposed Rule Changes Related to the ICE Clear Europe Revised
Recovery Plan

July 12, 2019.

I. Introduction

    On May 10, 2019, ICE Clear Europe Limited (``ICE Clear Europe'')
filed with the Securities and Exchange Commission, pursuant to Section
19(b)(1) of the Securities Exchange Act of 1934 (``Exchange Act''),\1\
and Rule 19b-4 thereunder,\2\ a proposed rule change related to its
recovery plan. The proposed rule change was published for comment in
the Federal Register on May 28, 2019.\3\ The Commission did not receive
comments regarding the proposed rule change. For the reasons discussed
below, the Commission is approving the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Exchange Act Release No. 85907 (May 21, 2019), 84 FR 24549
(May 28, 2019) (``Notice'').
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II. Description of the Proposed Rule Change

    As a ``covered clearing agency,'' \4\ ICE Clear Europe is required
to, among other things, ``establish, implement, maintain and enforce
written policies and procedures reasonably designed to . . . maintain a
sound risk management framework for comprehensively managing legal,
credit, liquidity, operational, general business, investment, custody,
and other risks that arise in or are borne by the covered clearing
agency, which . . . includes plans for the recovery and orderly wind-
down of the covered clearing agency necessitated by credit losses,
liquidity shortfalls, losses from general business risk, or any other
losses.'' \5\ The Commission has previously clarified that it believes
that such recovery and wind-down plans are ``rules'' within the meaning
of Exchange Act Section 19(b) and Rule 19b-4 thereunder because such
plans would constitute changes to a stated policy, practice, or
interpretation of a covered clearing agency.\6\ Accordingly, a covered
clearing agency, such as ICE Clear Europe, is required to file its
plans for recovery and orderly wind-down with the Commission.\7\
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    \4\ The term ``covered clearing agency'' is defined in Rule
17Ad-22(a)(5), 17 CFR 240.17Ad-22(a)(5).
    \5\ 17 CFR 240.17Ad-22(e)(3)(ii).
    \6\ Standards for Covered Clearing Agencies, Exchange Act
Release No. 78961 (Sep. 28, 2016), 81 FR 70786, 70809 (Oct. 13,
2016) (``CCA Standards Adopting Release'').
    \7\ The description of the Revised Recovery Plan is
substantially excerpted from the Notice. Moreover, capitalized terms
not otherwise defined herein have the meanings assigned to them in
ICE Clear Europe Clearing Rules (``Rules'') or the Revised Recovery
Plan.
---------------------------------------------------------------------------

    ICE Clear Europe's current recovery plan (``Existing Recovery
Plan'') was approved by the Commission on July 17, 2018.\8\ Recently,
ICE Clear Europe has proposed changes to its rules concerning, among
other things, its recovery tools.\9\ ICE Clear Europe has proposed to
adopt a revised recovery plan to incorporate these proposed rule
changes as well as make other changes (``Revised Recovery Plan'' or
``Plan''). The Revised Recovery Plan would supersede the Existing
Recovery Plan.
---------------------------------------------------------------------------

    \8\ Exchange Act Release No. 34-83651 (July 17, 2018), 83 FR
34891 (July 23, 2018) (SR-ICEEU-2017-016).
    \9\ Exchange Act Release No. 34-85848 (May 13, 2019), 84 FR
22530 (May 17, 2019) (SR-ICEEU-2019-003).
---------------------------------------------------------------------------

    ICE Clear Europe's Revised Recovery Plan, among other things, (a)
identifies the critical services that ICE Clear Europe provides; (b)
outlines recovery scenarios that may result in significant financial
losses, a liquidity shortfall, suspension or failure of its critical
services and related functions and systems, and damage to other
financial market infrastructures; and (c) describes the recovery tools,
mechanisms, and options that ICE Clear Europe may use to address a
recovery scenario and continue to provide its critical services.\10\
Notably, the Revised Recovery Plan is based on, and intended to be
consistent with, the ICE Clear Europe Rules, Procedures, and existing
risk management frameworks, policies, and procedures,\11\ several
aspects of which ICE Clear Europe recently revised.\12\ The elements of
the Revised Recovery Plan are described in further detail below.
---------------------------------------------------------------------------

    \10\ In the Recovery Plan, ICE Clear Europe refers to its
recovery tools, mechanisms, and options as ``Recovery Options.'' The
Commission has generally referred to these items as ``recovery
tools.'' See CCA Standards Adopting Release, 81 FR at 70810. For the
purposes of this Order, the term ``recovery tools'' is used to refer
to Recovery Options.
    \11\ Capitalized terms used but not defined herein have the
meanings specified in the Rules.
    \12\ Exchange Act Release No. 34-86259 (July 1, 2019), 84 FR
32483 (July 8, 2019) (SR-ICEEU-2019-003).
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    Critical Services, Service Providers, and Interdependencies. ICE
Clear Europe's prior determination that its futures and options
(``F&O'') and credit default swap (``CDS'') product category clearing
services, as well as its related treasury and banking services, are
critical services remains in the Revised Recovery Plan. The Revised
Recovery Plan identifies entities that depend on ICE Clear Europe's
critical services, the service providers supporting ICE Clear Europe's
critical services, and the interdependencies between ICE Clear Europe
and other financial market infrastructures. ICE Clear Europe states
that it mitigates risk from these relationships through various
mechanisms, including, for example, by using multiple substitute
providers where possible and practical. The Revised Recovery Plan
further identifies technology systems that support critical services
and states how risks associated with these systems are mitigated.
    Recovery Scenarios, Triggers, and Early Warning Indicators. The
Revised Recovery Plan analyzes two recovery scenarios. The first is
default losses, where financial losses or liquidity shortfalls arise
from a clearing member default or multiple clearing member defaults.
The trigger for the Plan in this scenario would be when the ICE Clear
Europe guaranty fund is exhausted, or is likely to exhausted, and
uncovered losses remain. The second recovery scenario is non-default
losses, where financial losses or liquidity shortfalls arise from
investments, operational incidents, or other business activities not
involving a clearing member default. The Plan would be triggered in
this scenario when ICE Clear Europe's Base Capital is, or is likely to
be, breached.
    The Revised Recovery Plan also distinguishes between ``business as
usual'' risk management (e.g., margin, guaranty fund, liquid resources)
and recovery scenarios, stating that recovery scenarios are where ICE
Clear Europe is unable to cover losses within its business as usual
risk management processes. The Revised Recovery Plan also describes the
early warning indicators of a recovery trigger that ICE Clear Credit
would monitor as part of its business as usual risk management.

    Recovery Tools. The Revised Recovery Plan describes the key aspects
of the recovery tools ICE Clear Europe may implement in a recovery
scenario. Those tools include powers of assessment (Rule 909), reduced
gains distribution (Rule 914), partial tear-ups (Rule 915), payment
delays (Rule 110), investment loss allocation (Rule 919), invoicing
back (Rule 104), and the Capital Replenishment Framework. The Revised
Recovery Plan also describes the goals and procedures for designing the
recovery tools, including that they are designed to be comprehensive,
effective, transparent, measurable, manageable, and controllable. The
Plan would specify that the recovery tools are intended to create
appropriate incentives and minimize negative impact, and also would
describe the governance process for development of the recovery tools
that would impact Clearing Members, as well as the decision-making
considerations for each recovery tool.
    Decision-Making, Governance, and Communications. The Revised
Recovery Plan would require that ICE Clear Europe's President
(``President'') attempt to convene the Board for approval of material
recovery decisions and keep regulators informed in advance of material
decisions, assuming this could be done in a timely manner. If the Board
could not be convened in advance of such a decision, it would be
convened thereafter to ratify or modify the decision. The President
would be supported by the Default Management Committees in a default
loss scenario and by the Executive Risk Committee in a non-default loss
scenario. Consistent with the Rules and Procedures, exercising the
recovery tools would not require the approval of Clearing Members,
exchanges, or any other external stakeholders, however, in making
decisions regarding the use of recovery tools, the President and the
Board would be required to take into consideration the interests of ICE
Clear Europe, Clearing Members, customers, other stakeholders, and the
broader goal of providing safe and sound central counterparty services
to reduce systemic risk in an efficient and legally compliant manner.
    The Revised Recovery Plan states that ICE Clear Europe's
communication and coordination objectives in a recovery scenario are to
provide Clearing Members, regulators, and the wider market with timely
and accurate information, and to ensure effective coordination and
escalation across affiliated ICE Group exchanges, clearing houses, and
financial market infrastructures. ICE Clear Europe would endeavor to
keep regulators informed in advance of triggering the Revised Recovery
Plan or exercising recovery tools.
    Recovery Playbook. The Revised Recovery Plan would include a
recovery playbook for both default loss and non-default loss scenarios.
ICE Clear Europe does not intend the playbook to serve as a
prescriptive instruction manual for all recovery scenarios, but rather
as an example and a guide for how a recovery might progress. To that
end, the playbook would identify key steps in the recovery process,
such as declaring a default event and determining the likely scope of
losses, Board consultation, triggering the Plan, communicating with
regulators, and selecting particular recovery tools.

III. Discussion and Commission Findings

    Section 19(b)(2)(C) of the Exchange Act directs the Commission to
approve a proposed rule change of a self-regulatory organization if it
finds that such proposed rule change is consistent with the
requirements of the Exchange Act and the rules and regulations
thereunder applicable to such organization.\13\ For the reasons given
below, the Commission finds that the proposed rule change are
consistent with Section 17A(b)(3)(F) of the Exchange Act \14\ and Rules
17Ad-22(e)(2), and 17Ad-22(e)(3)(ii) thereunder.\15\
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    \13\ 15 U.S.C. 78s(b)(2)(C).
    \14\ 15 U.S.C. 78q-1(b)(3)(F).
    \15\ 17 CFR 240.17Ad-22(e)(2); (e)(3)(ii).
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A. Consistency With Section 17A(b)(3)(F) of the Exchange Act

    Section 17A(b)(3)(F) of the Exchange Act requires, among other
things, that the rules of ICE Clear Europe be designed to promote the
prompt and accurate clearance and settlement of securities transactions
and, to the extent applicable, derivative agreements, contracts, and
transactions, as well as to assure the safeguarding of securities and
funds which are in the custody or control of ICE Clear Europe or for
which it is responsible, and, in general, to protect investors and the
public interest.\16\
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

    As described above, the Revised Recovery Plan would identify the
steps that ICE Clear Europe could take in recovery and the governance
framework applicable to taking such steps. It would analyze the
anticipated impact of the recovery tools, the incentives created by
such tools, and the risks associated with using such tools. The Revised
Recovery Plan would also explain how the tools used in the Plan are
transparent, measurable, manageable, and controllable. The Commission
believes that by identifying the steps ICE Clear Europe could take and
the tools it would use to bring about recovery in the face of losses,
the Revised Recovery Plan would increase the likelihood that recovery
would be orderly, efficient, and successful. By increasing the
likelihood of an orderly, efficient, and successful recovery, the
Commission believes that the Revised Recovery Plan would enhance ICE
Clear Europe's ability to maintain the continuity of its critical
services (including its clearance of CDS transactions) during, through,
and following periods of extreme stress giving rise to the need for
recovery, thereby promoting the prompt and accurate settlement of CDS
transactions. The Commission also believes that the Revised Recovery
Plan would help assure the safeguarding of securities or funds in the
custody or control of ICE Clear Europe or for which it is responsible
by reducing the likelihood of a disorderly or unsuccessful recovery
that could disrupt access to such securities or funds. For the same
reasons, the Commission believes the Revised Recovery Plan would be
consistent with the protection of investors and the public interest.
    Therefore, the Commission finds that the proposed rule change would
promote the prompt and accurate clearance and settlement of securities
transactions, assure the safeguarding of securities and funds in ICE
Clear Europe's custody and control, and, in general, protect investors
and the public interest, consistent with the Section 17A(b)(3)(F) of
the Exchange Act.\17\
---------------------------------------------------------------------------

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

B. Consistency With Rule 17Ad-22(e)(2)

    Rule 17Ad-22(e)(2) requires that ICE Clear Europe establish,
implement, maintain, and enforce written policies and procedures
reasonably designed to provide for governance arrangements that are
clear and transparent and support the public interest requirements in
Section 17A of the Exchange Act applicable to clearing agencies, and
the objectives of owners and participants.\18\
---------------------------------------------------------------------------

    \18\ 17 CFR 240.17Ad-22(e)(2).
---------------------------------------------------------------------------

    The Revised Recovery Plan would enhance the level of detail
provided regarding the decision-making process for material recovery
decisions. Specifically, the Plan states that, when possible to be done
in a timely manner, the President would be required to attempt to
convene the Board and obtain its approval prior to any material

recovery decisions. In the event that the Board could not be convened
in advance of such decisions, the Plan would require the President to
convene the Board to ratify or modify the material recovery decision
thereafter. By specifying the President's decision-making authority
related to material recovery decisions and clarifying the process for
the making of such material recovery decisions, the Commission believes
that the Plan would enhance the overall transparency regarding material
recovery decisions, which in turn would contribute to establishing,
implementing, maintaining, and enforcing clear and transparent
governance arrangements that support the public interest requirements
in Section 17A of the Exchange Act applicable to clearing agencies, and
the objectives of owners and participants.
    Therefore, the Commission finds that the proposed rule change would
establish clear and transport governance arrangements for the Revised
Recovery Plan, consistent with Rule 17Ad-22(e)(2).\19\
---------------------------------------------------------------------------

    \19\ 17 CFR 240.17Ad-22(e)(2).
---------------------------------------------------------------------------

C. Consistency With Rule 17Ad-22(e)(3)(ii)

    Rule 17Ad-22(e)(3)(ii) requires that ICE Clear Europe establish,
implement, maintain, and enforce written policies and procedures
reasonably designed to maintain a sound risk management framework for
comprehensively managing legal, credit, liquidity, operational, general
business, investment, custody, and other risks that arise in or are
borne by ICE Clear Europe, which includes plans for the recovery and
orderly wind-down of ICE Clear Europe necessitated by credit losses,
liquidity shortfalls, losses from general business risk, or any other
losses.\20\
---------------------------------------------------------------------------

    \20\ 17 CFR 240.17Ad-22(e)(3)(ii).
---------------------------------------------------------------------------

    The Commission believes that the information the Revised Recovery
Plan would provide about the steps that ICE Clear Europe would take,
and the tools it would use, to effectuate a recovery of ICE Clear
Europe would enhance ICE Clear Europe's ability to recover from credit
losses, liquidity shortfalls, general business risk losses, or other
losses, consistent with Rule 17Ad-22(e)(3)(ii).\21\ Specifically, by
clarifying the recovery tools that ICE Clear Europe may use to
effectuate a recovery, the Revised Recovery Plan would enhance ICE
Clear Europe's ability to prepare in advance for, and practice the use
of, such tools, which the Commission believes would enhance ICE Clear
Europe's ability to use such tools effectively to carry-out a
successful recovery. In addition, by continuing to utilize the Plan as
the single source of information about, and steps needed to effectuate,
a recovery of ICE Clear Europe, the Revised Recovery Plan continues to
help ensure that ICE Clear Europe's personnel would have the
information and guidance necessary to effectuate a recovery in a
consistent and coordinated fashion, which could thereby increase the
likelihood of a successful recovery. Moreover, the Commission believes
that by identifying and assessing available recovery tools, the Revised
Recovery Plan would enhance ICE Clear Europe's ability to identify in
advance which tools may be most effective for different situations or
needs, which in turn would enhance ICE Clear Europe's ability to use
such tools effectively to bring about a recovery, consistent with Rule
17Ad-22(e)(3)(ii).\22\
---------------------------------------------------------------------------

    \21\ 17 CFR 240.17Ad-22(e)(3)(ii).
    \22\ 17 CFR 240.17Ad-22(e)(3)(ii).
---------------------------------------------------------------------------

    Therefore, the Commission finds that the proposed rule change would
be a plan for the orderly recovery of ICE Clear Europe, consistent with
Rule 17Ad-22(e)(3)(ii).\23\
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    \23\ 17 CFR 240.17Ad-22(e)(3)(ii).
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III. Conclusion

    On the basis of the foregoing, the Commission finds that the
proposed rule change is consistent with the requirements of the
Exchange Act, and in particular, Section 17A(b)(3)(F) of the Exchange
Act \24\ and Rules 17Ad-22(e)(2), and 17Ad-22(e)(3)(ii) thereunder.\25\
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    \24\ 15 U.S.C. 78q-1(b)(3)(F).
    \25\ 17 CFR 240.17Ad-22(e)(2); (e)(3)(ii).
---------------------------------------------------------------------------

    It is therefore ordered pursuant to Section 19(b)(2) of the
Exchange Act that the proposed rule change (SR-ICEEU-2019-013) be, and
hereby is, approved.\26\
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    \26\ In approving the proposed rule change, the Commission
considered the proposal's impacts on efficiency, competition, and
capital formation. 15 U.S.C. 78c(f).

    For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\27\
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    \27\ 17 CFR 200.30-3(a)(12).
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Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-15252 Filed 7-17-19; 8:45 am]
 BILLING CODE 8011-01-P