[Federal Register: August 11, 2009 (Volume 74, Number 153)]
[Rules and Regulations]
[Page 40083-40085]
[DOCID:fr11au09-13]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2009-0311; FRL-8941-6]

Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Revised Motor Vehicle Emission Budgets for the Scranton/
Wilkes-Barre 8-Hour Ozone Maintenance Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve a State
Implementation Plan (SIP) revision submitted by the Commonwealth of
Pennsylvania. The revision amends the 8-hour ozone maintenance plan for
the Scranton/Wilkes-Barre Area 8-Hour Ozone Maintenance Area (the
Area). This revision amends the maintenance plan's 2009 and 2018 motor
vehicle emissions budgets (MVEBs) by unequally dividing the existing
approved MVEBs which covers the entire maintenance area into three sub-
regional MVEBs, one set of MVEBs for each county comprising the area.
The revised plan continues to demonstrate maintenance of the 8-hour
national ambient air quality standard (NAAQS) for ozone. EPA is
approving this SIP revision to the Pennsylvania maintenance plan for
the Scranton/Wilkes-Barre Area in accordance with the requirements of
the Clean Air Act (CAA).

DATES: This rule is effective on October 13, 2009 without further
notice, unless EPA receives adverse written comment by September 10,
2009. If EPA receives such comments, it will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2009-0311 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
    B. E-mail<EMAIL_ADDRESS>    C. Mail: EPA-R03-OAR-2009-0311, Carol Febbo, Chief, Energy,
Radiation and Indoor Environment Branch, Mailcode 3AP23, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2009-0311. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or e-mail.
The www.regulations.gov Web site is an anonymous access system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an e-mail comment
directly to EPA without going through www.regulations.gov, your e-mail
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal
are available at the Pennsylvania Department of Environmental
Protection, Bureau of Air Quality, P.O. Box 8468, 400 Market Street,
Harrisburg, Pennsylvania.

FOR FURTHER INFORMATION CONTACT: Martin Kotsch,<PHONE_NUMBER>, or by
e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we'',
``us'', or ``our'' is used, we mean EPA.

Table of Contents

I. Background
II. Summary of Pennsylvania's SIP Revision and EPA's Review
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    On November 11, 2007 (72 FR 64948) EPA redesignated the Scranton/
Wilkes-Barre area of Pennsylvania to attainment for the 8-hour ozone
NAAQS. For this area, the redesignation included approval of an 8-hour
ozone maintenance plan, which identifies on-road MVEBs for Volatile
Organic Compounds (VOCs) and Nitrous Oxides (NOX), which are
ozone precursors, which are then used for transportation planning and
conformity purposes. There are three separate metropolitan planning
organizations (MPOs) in this maintenance area--one for Lackawana and
Luzerne Counties, one for Monroe County and one for Wyoming County,
with individual responsibility for doing transportation conformity
within their respective planning boundaries within the Area.
Pennsylvania has unequally divided the existing MVEBs and created sub-
regional MVEBs for each MPO to better accommodate the transportation
planning and conformity processes within the Area.

II. Summary of Pennsylvania's SIP Revision and EPA's Review

    On April 21, 2008, the State of Pennsylvania submitted to EPA a
formal revision to its State Implementation

Plan (SIP). The SIP revision proposes new MVEBs to reflect the
reallocation of the existing overall MVEBS for the maintenance area. By
reallocating the MVEBs, the Pennsylvania Department of Environmental
Protection (PADEP) is ensuring that transportation conformity can be
demonstrated in the Scranton/Wilkes-Barre area. The April 21, 2008
submittal still ensures maintenance of the NAAQS for ozone for the
Scranton/Wilkes-Barre area.
    The following table lists the previously approved MVEBs and the
proposed reallocation of the MVEBs into sub-regional budgets for the
Scranton/Wilkes-Barre area.

                 Scranton/Wilkes-Barre Area Reallocation of the MVEBs Into Sub-Regional Budgets
----------------------------------------------------------------------------------------------------------------
                     Current MVEBs in the approved maintenance plan--all counties (tons/day)
-----------------------------------------------------------------------------------------------------------------
                                                                                2009            2018
                                                                  2004 base year    projection      projection
----------------------------------------------------------------------------------------------------------------
VOC.............................................................            31.6            25.2            16.9
NOX.............................................................            66.1            48.3            23.7
----------------------------------------------------------------------------------------------------------------

------------------------------------------------------------------------
      Proposed MVEBs in the Revised Maintenance Plan  (tons/day) 1
-------------------------------------------------------------------------
                                            2009 budget     2018 budget
------------------------------------------------------------------------
                       Lackawana-Luzerne Counties
------------------------------------------------------------------------
VOC.....................................           17.99            11.8
NOX.....................................           34.58            16.7
------------------------------------------------------------------------
                              Monroe County
------------------------------------------------------------------------
VOC.....................................            6.19            4.64
NOX.....................................           12.16            6.36
------------------------------------------------------------------------
                             Wyoming County
------------------------------------------------------------------------
VOC.....................................            0.99            0.54
NOX.....................................            1.54            0.68
------------------------------------------------------------------------
\1\ Due to rounding, some of the new reallocated budgets, if combined,
  are insignificantly different than the previously approved mobile
  budgets for the entire area. This slight difference will still ensure
  maintenance of the 8-hour ozone attainment as the combined MVEBs are
  still lower than the attainment year budgets.

    EPA is approving the 2009 and 2018 MVEBs for VOCs and
NOX emissions listed above in Table 1 as the new MVEBs for
transportation conformity planning.

III. Final Action

    EPA is approving Pennsylvania's April 21, 2008 SIP revision
submittal which amends the 8-hour ozone maintenance plans for the
Scranton/Wilkes Barre area. This revision unequally divides the
previously approved 2009 and 2018 MVEBs to create sub-regional MVEBs
for the two counties comprising the area. EPA is approving this SIP
revision because the April 21, 2008 submittal continues to demonstrate
maintenance of the 8-hour ozone NAAQS with the aggregated sub-regional
MVEBs. EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comment, since no significant adverse comments were received on
the SIP revision at the State level. However, in the Proposed Rules
section of today's Federal Register, EPA is publishing a separate
document that will serve as the proposal to approve the SIP revision if
adverse comments are filed. This rule will be effective on October 13,
2009 without further notice unless EPA receives adverse comment by
September 10, 2009.
    If EPA receives adverse comment, EPA will publish a timely
withdrawal in the Federal Register informing the public that the rule
will not take effect. EPA will address all public comments in a
subsequent final rule based on the proposed rule. EPA will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time

IV. Statutory and Executive Order Reviews

A. General Requirements

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);

     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide 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 rule 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.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by October 13, 2009. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking.
    This action to approve the Scranton/Wilkes-Barre revised
maintenance plan may not be challenged later in proceedings to enforce
its requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

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

     Dated: July 28, 2009.
William C. Early,
Acting Regional Administrator, Region III.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart NN--Pennsylvania

0
2. In Sec.  52.2020, the table in paragraph (e)(1) is amended by
revising the entry for the 8-Hour Ozone Maintenance Plan and 2002 Base
Year Emissions Inventory for the Scranton/Wilkes Barre, PA Area to read
as follows:

Sec.  52.2020  Identification of plan.

* * * * *
    (e) * * *
    (1) * * *

----------------------------------------------------------------------------------------------------------------
                                                                State
Name of non-regulatory SIP revision   Applicable geographic   submittal      EPA approval date      Additional
                                              area               date                               explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
8-Hour Ozone Maintenance Plan and    Scranton/Wilkes-Barre       6/12/07  11/14/07, 72 FR 64948.
 2002 Base Year Emissions Inventory.  Area: Lackawanna,
                                      Luzerne, Monroe and
                                      Wyoming Counties.
                                                                 4/21/08  8/11/09, [Insert page
                                                                           number where the
                                                                           document begins].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. E9-18867 Filed 8-10-09; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 176 (Friday, September 11, 2015)]
[Rules and Regulations]
[Pages 54728-54729]
[FR Doc No: 2015-22945]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2011-0817; FRL-9933-76-OAR]
RIN 2060-AQ93

National Emission Standards for Hazardous Air Pollutants for the
Portland Cement Manufacturing Industry and Standards of Performance for
Portland Cement Plants; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correcting amendments.

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SUMMARY: The Environmental Protection Agency (EPA) published a final
rule in the Federal Register on July 27, 2015, titled National Emission
Standards for Hazardous Air Pollutants for the Portland Cement
Manufacturing Industry and Standards of Performance for Portland Cement
Plants. This final rule makes technical corrections and clarifications
to the regulations published in that final rule. The rule also includes
a provision describing performance testing requirements when a source
demonstrates compliance with the hydrochloric acid (HCl) emissions
standard using a continuous emissions monitoring system (CEMS) for
sulfur dioxide measurement and reporting.

DATES: Effective September 9, 2015.

FOR FURTHER INFORMATION CONTACT: Ms. Sharon Nizich, Sector Policies and
Programs Division (D243-04), Office of Air Quality Planning and
Standards, U.S. Environmental Protection Agency, Research Triangle
Park, North Carolina 27711, telephone number:<PHONE_NUMBER>; facsimile
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>For
information about the applicability of the national emission standards
for hazardous air pollutants or new source performance standards,
contact Mr. Patrick Yellin, Monitoring, Assistance and Media Programs
Division (2227A), Office of Enforcement and Compliance Assurance, U.S.
Environmental Protection Agency, 1200 Pennsylvania Avenue, Washington,
DC 20460; telephone number<PHONE_NUMBER>; email address
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Summary of Technical Corrections

    The EPA received communications from representatives of the
Portland cement industry on five occasions in August 2015 (see memo to
the docket (EPA-HQ-OAR-2011-0817) titled, ``Communications on Errors
PCA August 2015''). These communications outlined several errors in the
regulatory text of the final rule (80 FR 44772). These all pertain to
monitoring requirements. The EPA agrees that these are errors
(typographical and unintended phrasing or omissions), and is correcting
these errors in this document. We are also removing two passages (which
consisted of four sentences) that were inadvertently left in the final
amendments, but were discussed by the EPA as being removed in the
Response to Comment (RTC) document for the final amendments (see docket
item EPA-HQ-OAR-2011-0817-0870, page 8). In the RTC, we discussed that
data substitution is not an allowed practice when determining
compliance, but these four sentences discuss procedures for data
substitution. Leaving these sentences in the rule, thus, does not
reflect the EPA's stated intention, and would lead to confusion given
the direct conflict between the RTC document and the rule text.
    We are making one further technical correction involving timing of
performance tests. The correction keeps in place the specified time by
which performance tests must be conducted, but will no longer set out a
window of time in which the test must be conducted. The net effect is
that performance tests can be conducted earlier than the window of time
in the current rule text if a source desires to conduct its performance
test earlier. The EPA had already indicated in the RTC document that it
was making this change (see docket item EPA-HQ-OAR-2011-0817-0870, page
5). The EPA regards this amendment as a clarification (the current rule
could be interpreted to allow earlier testing) so that the rule reads
precisely as intended, as stated by the EPA in the RTC document.

List of Subjects in 40 CFR Part 63

    Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous substances, Intergovernmental
relations, Reporting and recordkeeping requirements.

    For the reasons set out in the preamble, title 40, chapter I of the
Code of Federal Regulations is amended as follows:

PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
FOR SOURCE CATEGORIES

0
1. The authority citation for part 63 continues to read as follows:

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

0
2. Amend Sec.  63.1349 by:
0
a. In paragraph (b)(4)(i), removing ``ppmvd'' and adding in its place
``ppmvw''.
0
b. In paragraph (b)(7)(v), revising the second sentence.
0
c. In paragraph (c), revising the second sentence.
    The revisions read as follows:

Sec.  63.1349  Performance testing requirements.

* * * * *
    (b) * * *
    (7) * * *
    (v)* * * You are required to measure oHAP at the coal mill inlet or
outlet and you must also measure oHAP at the alkali bypass outlet. * *
*
* * * * *
    (c) * * * Performance tests required every 30 months must be
completed no more than 31 calendar months after the previous
performance test except where that specific pollutant is monitored
using CEMS; performance tests required every 12 months must be
completed no more than 13 calendar months after the previous
performance test.
* * * * *

0
3. Amend Sec.  63.1350 by:
0
a. In paragraph (k)(2)(ii), revising the last sentence.
0
b. Revising paragraph (k)(2)(iii).
0
c. In paragraph (l)(1) introductory text, revising the last sentence.
0
d. In paragraph (l)(1)(ii)(B), revising the last sentence.
0
e. In paragraph (l)(1)(ii)(C), removing the last two sentences.
    The revisions read as follows:

Sec.  63.1350  Monitoring requirements.

* * * * *
    (k) * * *
    (2) * * *
    (ii) * * * In this manner all hourly average values exceeding the
span value measured by the Hg CEMS during the week following the above
span linearity challenge when the CEMS response exceeds +/-20 percent
of the certified value of the reference gas must be normalized using
Equation 22.
    (iii) Quality assure any data above the span value established in
paragraph (k)(1) of this section using the following procedure. Any
time two consecutive one-hour average measured concentrations of Hg
exceeds the span value you must, within 24 hours before or after,
introduce a higher, ``above span'' Hg reference gas standard to the Hg
CEMS. The ``above span'' reference gas must meet the requirements of PS
12A, Section 7.1, must target a concentration level between 50 and 150
percent of the highest expected hourly concentration measured during
the period of measurements above span, and must be introduced at the
probe. While this target represents a desired concentration range that
is not always achievable in practice, it is expected that the intent to
meet this range is demonstrated by the value of the reference gas.
Expected values may include ``above span'' calibrations done before or
after the above span measurement period. Record and report the results
of this procedure as you would for a daily calibration. The ``above
span'' calibration is successful if the value measured by the Hg CEMS
is within 20 percent of the certified value of the reference gas. If
the value measured by the Hg CEMS exceeds 20 percent of the certified
value of the reference gas, then you must normalize the one-hour
average stack gas values measured above the span during the 24-hour
period preceding or following the ``above span'' calibration for
reporting based on the Hg CEMS response to the reference gas as shown
in equation 22 below. Only one ``above span'' calibration is needed per
24 hour period.
[GRAPHIC] [TIFF OMITTED] TR11SE15.008

* * * * *
    (l) * * *
    (1) * * * The span value and calibration requirements in paragraphs
(l)(1)(i) and (ii) of this section apply to HCl CEMS other than those
installed and certified under PS 15.
* * * * *
    (ii) * * *
    (B) * * * Any HCl CEMS above span linearity challenge response
exceeding +/-20 percent of the certified value of the reference gas
requires that all above span hourly averages during the week following
the above span linearity challenge must be normalized using Equation
23.
* * * * *

    Dated: September 2, 2015.
Janet G. McCabe,
Acting Assistant Administrator, Office of Air and Radiation.
[FR Doc. 2015-22945 Filed 9-9-15; 4:15 pm]
BILLING CODE 6560-50-P


[Federal Register: December 17, 2008 (Volume 73, Number 243)]
[Notices]
[Page 76630]
[DOCID:fr17de08-64]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[P-13058-000-WA]

Grays Harbor Ocean Energy Project; Notice of Licensing Outreach
Meeting: Understanding the FERC Licensing Process

December 10, 2008.
    a. Project: Grays Harbor Ocean Energy Project, Grays Harbor County,
Washington.
    b. Date and Time of Meeting: Tuesday, February 24, 2009, 9 a.m. to
11 a.m. (PST); and 7 p.m. to 9 p.m.
    c. Place: Ocean Shores Convention Center, 120 W Chance A La Mer NW
Ocean Shores, WA. 98569.
    d. Purpose of the Meeting: Explain the licensing and permitting
process for hydrokinetic technologies.
    e. All local, State, and Federal agencies, and interested parties,
are hereby invited to attend the meeting. Please RSVP your attendance
by notifying David Turner via e-mail at<EMAIL_ADDRESS>by close
of business Tuesday, February 10, 2009.

Kimberly D. Bose,
Secretary.
 [FR Doc. E8-29872 Filed 12-16-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 5 (Monday, January 9, 2012)]
[Rules and Regulations]
[Pages 1020-1023]
[FR Doc No: 2012-104]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-1125]
RIN 1625-AA11

Regulated Navigation Area; S99 Alford Street Bridge
Rehabilitation Project, Mystic River, MA

AGENCY: Coast Guard, DHS.

ACTION: Temporary interim rule with request for comments.

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SUMMARY: The United States Coast Guard is establishing a regulated
navigation area (RNA) on the navigable waters of the Mystic River under
and surrounding the S99 Alford Street Bridge which crosses the Mystic
River between Boston and Chelsea, Massachusetts. This temporary interim
rule is intended to protect both vessels and construction workers by
restricting vessel traffic during periods where the bridge is being
repaired.

DATES: This rule is effective in the CFR on January 9, 2012 through
November 30, 2012. This rule is effective with actual notice for
purposes of enforcement from December 27, 2011 until 11:59 p.m. on
November 30, 2012. Public comments will be accepted and reviewed by the
Coast Guard through November 30, 2012.

ADDRESSES: You may submit comments identified by docket number USCG-
2011-1125 using any one of the following methods:
    (1) Federal e-Rulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
    Documents indicated in this preamble as being available in the
docket are part of docket USCG-2011-1125 and are available online by
going to http://www.regulations.gov, inserting USCG-2011-1125 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or email Mr. Mark Cutter, Coast Guard Sector
Boston Waterways Management Division, telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>or Lieutenant Junior Grade Isaac Slavitt, Coast
Guard First District Waterways Management Branch, telephone (617) 223-
8385, email<EMAIL_ADDRESS>If you have questions on viewing
the docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to http://www.regulations.gov and will include any
personal information you have provided.
    As this temporary interim rule will be in effect before the end of
the comment period, the Coast Guard will evaluate and revise this rule
as necessary to address significant public comments.

Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2011-1125), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via http://www.regulations.gov) or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via www.regulations.gov, it will be considered received
by the Coast Guard when you successfully transmit the comment. If you
fax, hand deliver, or mail your comment, it will be considered as
having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an email address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``USCG-2011-1125'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. If you submit comments by mail or hand delivery, submit them in
an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change this rule
based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2011-1125'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting within the meaning of
the

Administrative Procedure Act (APA), 5 U.S.C. 553. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain why you believe such a public meeting would
be beneficial. If we determine that one would aid this rulemaking, we
will hold one at a time and place announced by a later notice in the
Federal Register.
    The Coast Guard has held or participated in one informal waterway
user meeting where waterway closures and restrictions were discussed.
We anticipate holding additional informal meetings, with opportunity
for public questions or comments, during this project. We will provide
written summaries of any such meetings in the docket.

Regulatory Information

    The Coast Guard is issuing this interim rule without prior Federal
Register notice pursuant to authority under section 4(a) of the
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule without prior notice when the
agency for good cause finds that those procedures are ``impracticable,
unnecessary, or contrary to the public interest.'' Under 5 U.S.C.
553(b)(B), the Coast Guard finds that good cause exists for not
publishing a notice of proposed rulemaking (NPRM) with respect to this
rule because the Coast Guard was not provided enough notice by the
Commonwealth of Massachusetts to allow for a notice and comment period.
    A full waterway closure was not requested of the Coast Guard until
November 23, 2011, when the Massachusetts Department of Transportation
(MA DOT) requested a complete waterway closure beginning December 12,
2011 until May 31, 2012. MA DOT's request for full waterway closure was
not timely according to the existing Coast Guard requirements, and the
late submission did not give the Coast Guard enough time to publish an
NPRM in order to solicit comments concerning a waterway closure before
implementing this interim rule.
    It is still in the public interest to promulgate this rule, as it
is necessary to protect the safety of both the construction crew and
the waterway users operating in the vicinity of the bridge construction
zone. A delay or cancellation of the currently ongoing bridge
rehabilitation project in order to accommodate a full notice and
comment period would be contrary to the public interest as it would
delay necessary operations, result in increased costs, and delay the
date when the bridge is expected to reopen for normal operations. The
Coast Guard believes it would be impracticable and contrary to the
public interest to delay this regulation. At any time, the Coast Guard
may publish an amended rule if necessary to address public concerns.
    For the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard
finds that good cause exists for making this rule effective less than
30 days after publication in the Federal Register.

Basis and Purpose

    Under the Ports and Waterways Safety Act, the Coast Guard has the
authority to establish RNAs in defined water areas that are determined
to have hazardous conditions and in which vessel traffic can be
regulated in the interest of safety. See 33 U.S.C. 1231 and Department
of Homeland Security Delegation No. 0170.1.
    The purpose of this interim rule is to ensure the safe transit of
vessels in the area and to protect all persons, vessels, and the marine
environment during the rehabilitation project of the S99 Alford Street
Bridge.

Discussion of Rule

    This action is intended to control vessel traffic for the duration
of the S99 Alford Street Bridge rehabilitation over the main channel of
the Mystic River. The Coast Guard may close the regulated area
described in this rule to all vessel traffic during any circumstance
that poses an imminent threat to waterway users operating in the area.
Complete waterway closures will be made with as much advance notice as
possible.
    The COTP Sector Boston will cause notice of enforcement, suspension
of enforcement, or closure of the waterway to be made by all
appropriate means to ensure the widest distribution among the affected
segments of the public. Such means of notification may include, but are
not limited to, Broadcast Notice to Mariners, Local Notice to Mariners,
and Marine Safety Information Bulletins.
    Entry into this RNA is prohibited unless authorized by the COTP
Sector Boston. Any violation of this RNA is punishable by civil and
criminal penalties, in rem liability against the offending vessel, and
the initiation of suspension or revocation proceedings against Coast
Guard-issued merchant-mariner credentials.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Executive Order 12866 and Executive Order 13563

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that Order. The Office of Management and Budget has not reviewed it
under that Order.
    We expect the economic impact of this rule to be minimal because
the amount of traffic in this waterway is extremely limited.
Furthermore, the Captain of the Port has the ability to suspend the
provisions of this regulation when necessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule will affect the following entities some of which
may be small entities: The owners or operators of marinas, businesses
(such as waterside restaurants), and vessels who intend to transit in
the Mystic River beneath the S99 Alford Street Bridge during the
effective period.
    This regulation may have some impact on the public, but the
potential impact will be minimized for the following reasons: The
primary waterway users, of which there are very few, are recreational
vessels of various sizes and do not normally operate during the months
between December and April. Many parties that have the potential to be
affected have been involved in the discussions and have made plans to
work around the closure times. We will use appropriate means to inform
the public before, during, and at the conclusion of any RNA enforcement
period.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121),

we offer to assist small entities in understanding the rule so that
they can better evaluate its effects on them and participate in the
rulemaking process.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-(888) 734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such expenditure, we do discuss the effects of this rule elsewhere in
this preamble.

Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. This rule involves the establishment of an
RNA. An environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES. Any comments received concerning environmental impacts will
be considered and changes made to the environmental analysis checklist
and categorical exclusion determination as appropriate.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.

0
2. Add Sec.  165.T01-1125 to read as follows:

Sec.  165.T01-1125  Regulated Navigation Area; S99 Alford Street Bridge
rehabilitation project, Mystic River, MA

    (a) Location. The following area is a Regulated Navigation Area
(RNA): All navigable waters of the Mystic River between Boston and
Chelsea, MA, from surface to bottom, within 100 yards of any point on
the S99 Alford Street Bridge.
    (b) Regulations.
    (1) The general regulations contained in 33 CFR 165.10, 165.11, and
165.13 apply in addition to those provisions outlined below.
    (2) In accordance with the general regulations, entry into or
movement within this zone, during periods of

enforcement, is prohibited unless authorized by Captain of the Port
(COTP) Sector Boston.
    (3) All persons and vessels must comply with all directions given
to them by the COTP Sector Boston or the on-scene representative. The
``on-scene representative'' of the COTP is any Coast Guard
commissioned, warrant or petty officer who has been designated by the
COTP to act on the COTP's behalf. The on-scene representative may be on
a Coast Guard vessel or other designated craft, or may be on shore and
will communicate with vessels via VHF-FM radio or loudhailer. Members
of the Coast Guard Auxiliary may be present to inform vessel operators
of this regulation.
    (4) Upon being hailed by a U.S. Coast Guard vessel by siren, radio,
flashing light or other means, the operator of the vessel must proceed
as directed.
    (5) Notwithstanding any other provisions in this regulation, the
movement of official, emergency vessels within the regulated area is
permitted provided that the contractor is notified in order to remove
potential hazards or obstructions.
    (6) All other relevant regulations, including but not limited to
the Rules of the Road (33 CFR subchapter E, Inland Navigational Rules)
remain in effect within the regulated area and must be strictly
followed at all times.
    (c) Enforcement Period:
    (1) This regulated navigation area is enforceable 24 hours a day
from December 27, 2011 through November 30, 2012.
    (2) Suspension of enforcement: The COTP Sector Boston will cause
notice of enforcement, suspension of enforcement, or closure of the
waterway to be made by all appropriate means to achieve the widest
distribution among the affected segments of the public. Such means of
notification may include but are not limited to Broadcast Notice to
Mariners, Local Notice to Mariners and Marine Safety Information
Bulletins. Such notification will include the date and time that
enforcement is suspended as well as the date and time that enforcement
will resume.
    (3) Report violations of this regulated navigation area to the COTP
Sector Boston, at<PHONE_NUMBER> or on VHF-Channel 16.

    Dated: December 27, 2011.
D.A. Neptun,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2012-104 Filed 1-6-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 85, Number 87 (Tuesday, May 5, 2020)]
[Notices]
[Pages 26702-26703]
[FR Doc No: 2020-09500]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4507-DR; Docket ID FEMA-2020-0001]

Ohio; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Ohio (FEMA-4507-DR), dated March 31, 2020,
and related determinations.

DATES: The declaration was issued March 31, 2020.

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

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated March 31, 2020, the President issued a major disaster declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency

Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford Act''), as
follows:

    I have determined that the emergency conditions in the State of
Ohio resulting from the Coronavirus Disease 2019 (COVID-19) pandemic
beginning on January 20, 2020, and continuing, are of sufficient
severity and magnitude to warrant a major disaster declaration under
the Robert T. Stafford Disaster Relief and Emergency Assistance Act,
42 U.S.C. 5121 et seq. (the ``Stafford Act''). Therefore, I declare
that such a major disaster exists in the State of Ohio.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide assistance for emergency
protective measures (Category B), including direct Federal
assistance, under the Public Assistance program throughout the
State. Consistent with the requirement that Federal assistance be
supplemental, any Federal funds provided under the Stafford Act for
Public Assistance will be limited to 75 percent of the total
eligible costs.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, James K. Joseph, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas of the State of Ohio have been designated as
adversely affected by this major disaster:

    Emergency protective measures (Category B) not authorized under
other Federal statutes, including direct Federal assistance, under
the Public Assistance program at 75 percent federal funding for all
areas in the State of Ohio.

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

Pete Gaynor,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2020-09500 Filed 5-4-20; 8:45 am]
 BILLING CODE 9111-23-P


[Federal Register: September 14, 2010 (Volume 75, Number 177)]
[Notices]
[Page 55797-55798]
[DOCID:fr14se10-73]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-D-0462]

Draft Guidance for Industry on Chronic Hepatitis C Virus
Infection: Developing Direct-Acting Antiviral Agents for Treatment;
Availability

AGENCY:  Food and Drug Administration, HHS.

ACTION:  Notice.

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

SUMMARY:  The Food and Drug Administration (FDA) is announcing the
availability of a draft guidance for industry entitled ``Chronic
Hepatitis C Virus Infection: Developing Direct-Acting Antiviral Agents
for Treatment.'' The purpose of this guidance is to assist sponsors in
all phases of development of direct-acting antiviral agents (DAAs),
defined as agents that interfere with specific steps in the hepatitis C
virus (HCV) replication cycle. The guidance outlines the types of
nonclinical studies and clinical trials recommended throughout the drug
development process to support approval of treatments for chronic
hepatitis C (CHC), including in patients with compensated and
decompensated cirrhosis and those co-infected with human
immunodeficiency virus (HIV). The guidance also addresses pre-approval
access in the form of treatment investigational new drug applications
(INDs) and intermediate-sized safety protocols.

DATES:  Although you can comment on any guidance at any time (see 21
CFR 10.115(g)(5)), to ensure that the agency considers your comment on
this draft guidance before it begins work on the final version of the
guidance, submit either electronic or written comments on the draft
guidance by November 15, 2010.

ADDRESSES:  Submit written requests for single copies of the draft
guidance to the Division of Drug Information, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 51, rm. 2201, Silver Spring, MD 20993-0002. Send
one self-addressed adhesive label to assist that office in processing
your requests. See the SUPPLEMENTARY INFORMATION section for electronic
access to the draft guidance document.
    Submit electronic comments on the draft guidance to http://
www.regulations.gov. Submit written comments to the Division of Dockets
Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane,
rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT:  Jeffrey Murray, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 22, rm. 6360, Silver Spring, MD 20993-0002, 301-
796-1500.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a draft guidance for industry
entitled ``Chronic Hepatitis C Virus Infection: Developing Direct-
Acting Antiviral Agents for Treatment.'' This draft guidance addresses
nonclinical development, early phases of clinical development, phase 3
protocol designs, and endpoints for the treatment of CHC, including in
patients who are treatment na[iuml]ve or experienced, patients without
cirrhosis, patients with compensated and decompensated cirrhosis, and
patients co-infected with HCV and HIV. Important issues addressed in
this guidance include: Drug development methods to reduce the emergence
of drug resistance, types of trial designs to assess optimal dose and
treatment duration, combination therapy with multiple investigational
drugs, recommendations on development of drugs to meet unmet medical
needs, and use of treatment INDs or other smaller safety protocols to
provide early access of multiple DAAs for patients at risk of imminent
progression of liver disease.
    This draft guidance is being issued consistent with FDA's good
guidance practices regulation (21 CFR 10.115). The draft guidance, when
finalized, will represent the agency's current thinking on developing
DAAs for treatment of CHC virus infection. It does not create or confer
any rights for or on any person and does not operate to bind FDA or the
public. An alternative approach may be used if such approach satisfies
the requirements of the applicable statutes and regulations.

II. The Paperwork Reduction Act of 1995

    This guidance refers to previously approved collections of
information that are subject to review by the Office of Management and
Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520). The collections of information in 21 CFR part 312 have been
approved under OMB control number 0910-0014, the collections of
information in 21 CFR part 314 have been approved under OMB control
number 0910-0001, and the collections of information referred to in the
guidance ``Establishment and Operation of Clinical Trial Data
Monitoring Committees'' have been approved under OMB control number
0910-0581.

III. Comments

    Interested persons may submit to the Division of Dockets Management
(see ADDRESSES) either electronic or written comments regarding this
document. It is only necessary to send one set of comments. It is no
longer necessary to send two copies of mailed comments. Identify
comments with the docket number found in brackets in the heading of
this document. Received comments may be seen in the Division of Dockets
Management between 9 a.m. and 4 p.m., Monday through Friday.

IV. Electronic Access

    Persons with access to the Internet may obtain the document at
either http://www.fda.gov/Drugs/
GuidanceComplianceRegulatoryInformation/Guidances/default.htm or http:/
/www.regulations.gov.

    Dated: September 8, 2010.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2010-22806 Filed 9-13-10; 8:45 am]
BILLING CODE 4160-01-S


[Federal Register: January 24, 2008 (Volume 73, Number 16)]
[Notices]
[Page 4302]
[DOCID:fr24ja08-132]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

FAA (Aircraft Certification Service) ``Meet the Regulators''
Information Sharing and Listening Session

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of meeting.

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SUMMARY: This notice announces a meeting to discuss various FAA
rotorcraft safety initiatives and to gather any relevant information
that will help to reduce general aviation rotorcraft accidents.

DATES: The meeting will be on February 26, 2008, 10 a.m.-12 noon CST.

ADDRESSES: The meeting is in conjunction with Heli-Expo at the George
Brown Convention Center, Room 350 (A, B, D, and E), 1001 Avendia de las
Americas, Houston, Texas.

FOR FURTHER INFORMATION CONTACT: Jorge Castillo, Safety Management
Group, ASW-112, 2601 Meacham Boulevard, Fort Worth, TX 76137, telephone
(817) 222-5112, or by e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The meeting is announced pursuant to 49
U.S.C. 40113 and 49 U.S.C. 44701 to take actions the FAA considers
necessary in order to enhance safety in air commerce and the DOT
policies and procedures to seek public participation in that process.
    This meeting is part of the Rotorcraft Directorate's initiative and
supports one of the top safety objectives of the FAA Flight Plan to
reduce the number of fatal accidents in general aviation. At this
meeting, we will brief attendees on some of the FAA's initiatives
intended to reduce rotorcraft accidents, including rotorcraft accident
prevention outreach programs and the use of Night Vision Imaging
Systems (NVIS). You will have an opportunity to propose safety-
enhancing recommendations and to recommend how the FAA should implement
strategies that will help reduce rotorcraft accidents. Attendance is
open to all interested persons, but will be limited to the space
available.

    Issued in Fort Worth, Texas, on January 15, 2008.
David A. Downey,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
 [FR Doc. E8-1227 Filed 1-23-08; 8:45 am]

BILLING CODE 4910-13-P


chapter, except to the extent the Administrator's approval is partial
or conditional or unless such approval is under Sec.  51.123(ee) of
this chapter.
    (2) Notwithstanding any provisions of paragraph (b)(1) of this
section, if, at the time of such approval of the State's SIP, the
Administrator has already allocated CAIR NOX Ozone Season
allowances to sources in the State for any years, the provisions of
part 97 of this chapter authorizing the Administrator to complete the
allocation of CAIR NOX Ozone Season allowances for those
years shall continue to apply, unless the Administrator approves a SIP
provision that provides for the allocation of the remaining CAIR
NOX Ozone Season allowances for those years.

0
50. Section 52.2241 is revised to read as follows:

Sec.  52.2241  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of sulfur dioxide?

    The owner and operator of each SO2 source located within
the State of Tennessee and for which requirements are set forth under
the Federal CAIR SO2 Trading Program in subparts AAA through
III of part 97 of this chapter must comply with such applicable
requirements. The obligation to comply with these requirements in part
97 of this chapter will be eliminated by the promulgation of an
approval by the Administrator of a revision to the Tennessee State
Implementation Plan as meeting the requirements of CAIR for
PM2.5 relating to SO2 under Sec.  51.124 of this
chapter, except to the extent the Administrator's approval is partial
or conditional or unless such approval is under Sec.  51.124(r) of this
chapter.

Subpart SS--Texas

0
51. Section 52.2283 is revised to read as follows:

Sec.  52.2283  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of nitrogen oxides?

    (a)(1) The owner and operator of each source located within the
State of Texas and for which requirements are set forth under the
Federal CAIR NOX Annual Trading Program in subparts AA
through II of part 97 of this chapter must comply with such applicable
requirements. The obligation to comply with these requirements in part
97 of this chapter will be eliminated by the promulgation of an
approval by the Administrator of a revision to the Texas State
Implementation Plan (SIP) as meeting the requirements of CAIR for
PM2.5 relating to NOX under Sec.  51.123 of this
chapter, except to the extent the Administrator's approval is partial
or conditional or unless such approval is under Sec.  51.123(p) of this
chapter.
    (2) Notwithstanding any provisions of paragraph (a)(1) of this
section, if, at the time of such approval of the State's SIP, the
Administrator has already allocated CAIR NOX allowances to
sources in the State for any years, the provisions of part 97 of this
chapter authorizing the Administrator to complete the allocation of
CAIR NOX allowances for those years shall continue to apply,
unless the Administrator approves a SIP provision that provides for the
allocation of the remaining CAIR NOX allowances for those
years.
    (b) [Reserved]

0
52. Section 52.2284 is revised to read as follows:

Sec.  52.2284  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of sulfur dioxide?

    The owner and operator of each SO2 source located within
the State of Texas and for which requirements are set forth under the
Federal CAIR SO2 Trading Program in subparts AAA through III
of part 97 of this chapter must comply with such applicable
requirements. The obligation to comply with these requirements in part
97 of this chapter will be eliminated by the promulgation of an
approval by the Administrator of a revision to the Texas State
Implementation Plan as meeting the requirements of CAIR for
PM2.5 relating to SO2 under Sec.  51.124 of this
chapter, except to the extent the Administrator's approval is partial
or conditional or unless such approval is under Sec.  51.124(r) of this
chapter.

Subpart VV--Virginia

0
53. Section 52.2440 is revised to read as follows:

Sec.  52.2440  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of nitrogen oxides?

    (a)(1) The owner and operator of each source located within the
State of Virginia and for which requirements are set forth under the
Federal CAIR NOX Annual Trading Program in subparts AA
through II of part 97 of this chapter must comply with such applicable
requirements. The obligation to comply with these requirements in part
97 of this chapter will be eliminated by the promulgation of an
approval by the Administrator of a revision to the Virginia State
Implementation Plan (SIP) as meeting the requirements of CAIR for
PM2.5 relating to NOX under Sec.  51.123 of this
chapter, except to the extent the Administrator's approval is partial
or conditional or unless such approval is under Sec.  51.123(p) of this
chapter.
    (2) Notwithstanding any provisions of paragraph (a)(1) of this
section, if, at the time of such approval of the State's SIP, the
Administrator has already allocated CAIR NOX allowances to
sources in the State for any years, the provisions of part 97 of this
chapter authorizing the Administrator to complete the allocation of
CAIR NOX allowances for those years shall continue to apply,
unless the Administrator approves a SIP provision that provides for the
allocation of the remaining CAIR NOX allowances for those
years.
    (b)(1) The owner and operator of each NOX source located
within the State of Virginia and for which requirements are

set forth under the Federal CAIR NOX Ozone Season Trading
Program in subparts AAAA through IIII of part 97 of this chapter must
comply with such applicable requirements. The obligation to comply with
these requirements in part 97 of this chapter will be eliminated by the
promulgation of an approval by the Administrator of a revision to the
Virginia State Implementation Plan (SIP) as meeting the requirements of
CAIR for ozone relating to NOX under Sec.  51.123 of this
chapter, except to the extent the Administrator's approval is partial
or conditional or unless such approval is under Sec.  51.123(ee) of
this chapter.
    (2) Notwithstanding any provisions of paragraph (b)(1) of this
section, if, at the time of such approval of the State's SIP, the
Administrator has already allocated CAIR NOX Ozone Season
allowances to sources in the State for any years, the provisions of
part 97 of this chapter authorizing the Administrator to complete the
allocation of CAIR NOX Ozone Season allowances for those
years shall continue to apply, unless the Administrator approves a SIP
provision that provides for the allocation of the remaining CAIR
NOX Ozone Season allowances for those years.

0
54. Section 52.2441 is revised to read as follows:

Sec.  52.2441  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of sulfur dioxide?

    The owner and operator of each SO2 source located within
the State of Virginia and for which requirements are set forth under
the Federal CAIR SO2 Trading Program in subparts AAA through
III of part 97 of this chapter must comply with such applicable
requirements. The obligation to comply with these requirements in part
97 of this chapter will be eliminated by the promulgation of an
approval by the Administrator of a revision to the Virginia State
Implementation Plan as meeting the requirements of CAIR for PM2.5
relating to SO2 under Sec.  51.124 of this chapter, except
to the extent the Administrator's approval is partial or conditional or
unless such approval is under Sec.  51.124(r) of this chapter.

Subpart XX--West Virginia

0
55. Section 52.2540 is revised to read as follows:

Sec.  52.2540  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of nitrogen oxides?

    (a)(1) The owner and operator of each source located within the
State of West Virginia and for which requirements are set forth under
the Federal CAIR NOX Annual Trading Program in subparts AA
through II of part 97 of this chapter must comply with such applicable
requirements. The obligation to comply with these requirements in part
97 of this chapter will be eliminated by the promulgation of an
approval by the Administrator of a revision to the West Virginia State
Implementation Plan (SIP) as meeting the requirements of CAIR for
PM2.5 relating to NOX under Sec.  51.123 of this
chapter, except to the extent the Administrator's approval is partial
or conditional or unless such approval is under Sec.  51.123(p) of this
chapter.
    (2) Notwithstanding any provisions of paragraph (a)(1) of this
section, if, at the time of such approval of the State's SIP, the
Administrator has already allocated CAIR NOX allowances to
sources in the State for any years, the provisions of part 97 of this
chapter authorizing the Administrator to complete the allocation of
CAIR NOX allowances for those years shall continue to apply,
unless the Administrator approves a SIP provision that provides for the
allocation of the remaining CAIR NOX allowances for those
years.
    (b)(1) The owner and operator of each NOX source located
within the State of West Virginia and for which requirements are set
forth under the Federal CAIR NOX Ozone Season Trading
Program in subparts AAAA through IIII of part 97 of this chapter must
comply with such applicable requirements. The obligation to comply with
these requirements in part 97 of this chapter will be eliminated by the
promulgation of an approval by the Administrator of a revision to the
West Virginia State Implementation Plan (SIP) as meeting the
requirements of CAIR for ozone relating to NOX under Sec.
51.123 of this chapter, except to the extent the Administrator's
approval is partial or conditional or unless such approval is under
Sec.  51.123(ee) of this chapter.
    (2) Notwithstanding any provisions of paragraph (b)(1) of this
section, if, at the time of such approval of the State's SIP, the
Administrator has already allocated CAIR NOX Ozone Season
allowances to sources in the State for any years, the provisions of
part 97 of this chapter authorizing the Administrator to complete the
allocation of CAIR NOX Ozone Season allowances for those
years shall continue to apply, unless the Administrator approves a SIP
provision that provides for the allocation of the remaining CAIR
NOX Ozone Season allowances for those years.

0
56. Section 52.2541 is revised to read as follows:

Sec.  52.2541  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of sulfur dioxide?

    The owner and operator of each SO2 source located within
the State of West Virginia and for which requirements are set forth
under the Federal CAIR SO2 Trading Program in subparts AAA
through III of part 97 of this chapter must comply with such applicable
requirements. The obligation to comply with these requirements in part
97 of this chapter will be eliminated by the promulgation of an
approval by the Administrator of a revision to the West Virginia State
Implementation Plan as meeting the requirements of CAIR for
PM2.5 relating to SO2 under Sec.  51.124 of this
chapter, except to the extent the Administrator's approval is partial
or conditional or unless such approval is under Sec.  51.124(r) of this
chapter.

Subpart YY--Wisconsin

0
57. Section 52.2587 is revised to read as follows:

Sec.  52.2587  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of nitrogen oxides?

    (a)(1) The owner and operator of each source located within the
State of Wisconsin and for which requirements are set forth under the
Federal CAIR NOX Annual Trading Program in subparts AA
through II of part 97 of this chapter must comply with such applicable
requirements. The obligation to comply with these requirements in part
97 of this chapter will be eliminated by the promulgation of an
approval by the Administrator of a revision to the Wisconsin State
Implementation Plan (SIP) as meeting the requirements of CAIR for
PM2.5 relating to NOX under Sec.  51.123 of this
chapter, except to the extent the Administrator's approval is partial
or conditional or unless such approval is under Sec.  51.123(p) of this
chapter.
    (2) Notwithstanding any provisions of paragraph (a)(1) of this
section, if, at the time of such approval of the State's SIP, the
Administrator has already allocated CAIR NOX allowances to
sources in the State for any years, the provisions of part 97 of this
chapter authorizing the Administrator to complete the allocation of
CAIR NOX allowances for those years shall continue to apply,
unless the Administrator approves a SIP provision that provides for the
allocation of the remaining CAIR NOX allowances for those
years.

    (b)(1) The owner and operator of each NOX source located
within the State of Wisconsin and for which requirements are set forth
under the Federal CAIR NOX Ozone Season Trading Program in
subparts AAAA through IIII of part 97 of this chapter must comply with
such applicable requirements. The obligation to comply with these
requirements in part 97 of this chapter will be eliminated by the
promulgation of an approval by the Administrator of a revision to the
Wisconsin State Implementation Plan (SIP) as meeting the requirements
of CAIR for ozone relating to NOX under Sec.  51.123 of this
chapter, except to the extent the Administrator's approval is partial
or conditional or unless such approval is under Sec.  51.123(ee) of
this chapter.
    (2) Notwithstanding any provisions of paragraph (b)(1) of this
section, if, at the time of such approval of the State's SIP, the
Administrator has already allocated CAIR NOX Ozone Season
allowances to sources in the State for any years, the provisions of
part 97 of this chapter authorizing the Administrator to complete the
allocation of CAIR NOX Ozone Season allowances for those
years shall continue to apply, unless the Administrator approves a SIP
provision that provides for the allocation of the remaining CAIR
NOX Ozone Season allowances for those years.

0
58. Section 52.2588 is revised to read as follows:

Sec.  52.2588  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of sulfur dioxide?

    The owner and operator of each SO2 source located within
the State of Wisconsin and for which requirements are set forth under
the Federal CAIR SO2 Trading Program in subparts AAA through
III of part 97 of this chapter must comply with such applicable
requirements. The obligation to comply with these requirements in part
97 of this chapter will be eliminated by the promulgation of an
approval by the Administrator of a revision to the Wisconsin State
Implementation Plan as meeting the requirements of CAIR for
PM2.5 relating to SO2 under Sec.  51.124 of this
chapter, except to the extent the Administrator's approval is partial
or conditional or unless such approval is under Sec.  51.124(r) of this
chapter.

 [FR Doc. E7-20849 Filed 11-1-07; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 229 (Friday, November 28, 2014)]
[Notices]
[Pages 70905-70907]
[FR Doc No: 2014-28080]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-73667; File No. SR-ICEEU-2014-23]

Self-Regulatory Organizations; ICE Clear Europe Limited; Notice
of Filing of Proposed Rule Change to Finance Procedures

November 21, 2014.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on November 14, 2014, ICE Clear Europe Limited (``ICE Clear Europe'' or
the ``Clearing House'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change described in Items
I, II and III below, which Items have been primarily prepared by ICE
Clear Europe. ICE Clear Europe filed the proposal pursuant to Section
19(b)(3)(A) of the Act,\3\ and Rule 19b-4(f)(4)(ii) \4\ thereunder, so
that the proposal was effective upon filing with the Commission. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(4)(ii).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The principal purpose of the proposed change is to permit certain
third party collateral purchase arrangements.

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

    In its filing with the Commission, ICE Clear Europe included
statements concerning the purpose of and basis for the proposed rule
change and discussed any comments it received on the proposed rule
change. The text of these statements may be examined at the places
specified in Item IV below. ICE Clear Europe has prepared summaries,
set forth in sections A, B, and C below, of the most significant
aspects of these statements.

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

1. Purpose
    The purpose of the proposed rule change is to modify the Finance
Procedures to permit certain third party collateral purchase
arrangements with respect to Triparty Collateral provided by F&O
Clearing Members in respect of a Proprietary Account. Under such an
arrangement, an F&O Clearing Member would, with the permission of the
Clearing House, enter into a third party collateral purchase agreement
(a ``Purchase Agreement'') with the Clearing House and a third party
collateral purchaser (the ``TPCP'') designated by the Clearing Member.
The TPCP may be an affiliate of the Clearing Member. Under the terms of
the Purchase Agreement, if the Clearing House declares the Clearing
Member to be a Defaulter under the Rules, then the Clearing House will
offer to sell that Clearing Member's Triparty Collateral to the TPCP,
for a specified price established by the Clearing House based on its
determination of the market value of the collateral. The TPCP will have
a specified period (expected to be two hours) to accept or reject the
offer to sell. If the TPCP accepts the offer, the Clearing House will
sell the Triparty Collateral to the TPCP at the specified price. The
proceeds of such sale would be applied by the Clearing House in the
default management process and net sum calculation in the same manner
as any other liquidation of margin of a Defaulter. If the TPCP rejects
the offer to sell, or does not respond within the specified period, the
offer will expire, and the Clearing House will apply or liquidate the
Triparty Collateral pursuant to the Rules as part of its usual default
management process.
    These arrangements would not apply to (i) margin, collateral or
permitted cover provided by F&O Clearing Members other than Triparty
Collateral, (ii) any margin, collateral or permitted cover provided
with respect to a customer account, or (iii) any margin, collateral or
permitted cover provided by CDS or FX Clearing Members in respect of
CDS or FX Contracts, respectively.
    The Clearing House proposes to permit third party collateral
purchase arrangements to provide a pre-arranged alternative to
collateral liquidation in the default management process for F&O
Clearing Members. Certain F&O Clearing Members have requested that such
arrangements be made available in order to facilitate their own
collateral management activities. For example, ICE Clear Europe
understands that for certain corporate groups, collateral to be
transferred to the Clearing House may have been acquired by an
affiliated entity (rather than the Clearing Member itself) through
repurchase or similar transactions, and such entity may want to have
the ability to reacquire the relevant collateral in order to settle
such other transactions, even following a Clearing Member default. ICE
Clear Europe has determined that the proposed collateral purchase
arrangement is consistent with its own default management requirements.
In this regard, if the TPCP accepts the offer, the Clearing House will
be able to sell the relevant Triparty Collateral at the current market
price, as determined by the Clearing House. The ability to sell such
collateral to a willing buyer may avoid the need to liquidate such
collateral in the market, and accordingly reduce time and transaction
costs. In addition, the TPCP is granted only a short period of time
(currently expected to be two hours) to respond to the Clearing House's
offer, and if it rejects the offer or does not respond within such
period, the Clearing House retains all of its existing rights and
remedies with respect to the Triparty Collateral. ICE Clear Europe thus
does not believe the proposed two-hour delay would adversely affect its
ability to liquidate collateral or otherwise manage the default of an
F&O Clearing Member.
    To implement these arrangements, ICE Clear Europe proposes to adopt
a new Paragraph 3.32 of the Finance Procedures, the text of which is as
follows (new text underlined):
    3.32 At the request of an F&O Clearing Member, the Clearing House
may, in its sole discretion, agree to enter into a collateral purchase
agreement with a third party collateral purchaser and such F&O Clearing
Member, under which the Clearing House will agree to offer for sale to
the third party collateral purchaser Triparty Collateral deposited by
such F&O Clearing Member for a Proprietary Account in respect of F&O
Contracts, in the event of the F&O Clearing Member being declared a
Defaulter under the Rules. The Clearing House shall have no obligation
to enter into any such agreement, and the identity of any such third
party

collateral purchaser must be approved by the Clearing House pursuant to
criteria established by the Clearing House. Any such collateral
purchase agreement must be in the form approved by the Clearing House
for such purposes from time to time.
    Paragraph 3.32 will thus authorize, but not require, the Clearing
House to enter into a Purchase Agreement at the request of an F&O
Clearing Member relating to Triparty Collateral provided with respect
to a Proprietary Account. The Clearing House would need to approve the
particular arrangement, including the TPCP. Paragraph 3.32 also
contemplates that the Clearing House will develop and approve its own
form of agreement to be used for this purpose (subject to modification
in particular cases) that is consistent with the Clearing House's
default management requirements. With respect to approval of TPCPs, the
Clearing House will establish criteria focusing on the credit standing
of the entity as well as considerations relating to legal
enforceability of the arrangement, treatment of the arrangement in
relevant insolvency proceedings and similar matters relevant to
maintaining the integrity of the Clearing House's default management
process.
2. Statutory Basis
    ICE Clear Europe believes that the proposed rule change is
consistent with the requirements of Section 17A of the Act \5\ and the
regulations thereunder applicable to it, including the standards under
Rule 17Ad-22.\6\ Section 17A(b)(3)(F) of the Act \7\ requires, among
other things, that the rules of a clearing agency be designed to
promote the prompt and accurate clearance and settlement of securities
transactions and, to the extent applicable, derivative agreements,
contracts, and transactions and to assure the safeguarding of
securities and funds which are in the custody or control of the
clearing agency or for which it is responsible. In addition, Rule 17Ad-
22(d)(11) \8\ requires that the clearing agency establish default
procedures that ensure that the clearing agency can take timely action
to contain losses and liquidity pressures and to continue meeting its
obligations in the event of a clearing member default.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78q-1.
    \6\ 17 CFR 240.17Ad-22.
    \7\ 15 U.S.C. 78q-1(b)(3)(F).
    \8\ 17 CFR 240.17Ad-22(d)(11).
---------------------------------------------------------------------------

    The third party collateral purchase arrangements will use the
existing Clearing House procedures for Triparty Collateral, which is
held with a triparty collateral service provider such as Euroclear
Bank. As a result, the proposed rule change will not adversely affect
the manner in which collateral provided by a Clearing Member is
currently held, prior to default, and accordingly will not adversely
affect the safeguarding of securities or funds in the custody or
control of ICE Clear Europe or for which it is responsible, within the
meaning of Section 17A(b)(3)(F) of the Act.\9\ It bears noting in this
regard that the proposed arrangements are limited to the Proprietary
Accounts of F&O Clearing Members, and would not apply to any Customer
Account. The arrangement also would not apply to CDS Clearing Members
or FX Clearing Members acting in their capacities as such.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

    In terms of default management, as discussed above, ICE Clear
Europe believes that the proposed amendments would not interfere with
its ability to manage a Clearing Member default, consistent with the
standards in the Act and Rule 17Ad-22. Under its existing Rules, the
Clearing House has broad rights to apply and liquidate collateral
provided by a Clearing Member following its default.\10\ In ICE Clear
Europe's view, the proposed arrangements provide an additional means by
which Triparty Collateral can be liquidated following default. In this
regard, the arrangements may provide certain default management
benefits if the collateral purchase option is exercised, as the
collateral purchase option will provide the Clearing House with the
cash value of the relevant collateral promptly, without the need for
the Clearing House to undertake the liquidation of the collateral in
the market (and incur related expenses). The proposed third party
collateral purchase arrangement would provide only a brief period
(expected to be two hours) in which the TPCP would have the right to
purchase the Triparty Collateral. ICE Clear Europe does not believe
this delay, even in the event the TPCP did not elect to purchase the
collateral, would materially impact the Clearing House's ability to
manage a default or liquidate collateral following expiration of the
period. As a result, ICE Clear Europe believes that the proposed
amendments are consistent with the requirements of Rule 17Ad-
22(d)(11).\11\
---------------------------------------------------------------------------

    \10\ See Rules 903-906.
    \11\ 17 CFR 240.17Ad-22(d)(11).
---------------------------------------------------------------------------

    As discussed above, ICE Clear Europe is proposing these
arrangements at the request of F&O Clearing Members seeking to improve
their own collateral management. In this respect, ICE Clear Europe
believes that the proposed amendments are also consistent with the
requirements of Rule 17Ad-22(d)(6),\12\ which requires that clearing
agency procedures be cost-effective in meeting the requirements of
participants while maintaining safe and secure operations.
---------------------------------------------------------------------------

    \12\ 17 CFR 240.17Ad-22(d)(6).
---------------------------------------------------------------------------

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

    ICE Clear Europe does not believe the proposed amendments would
have any impact, or impose any burden, on competition not necessary or
appropriate in furtherance of the purposes of the Act. The proposed
changes will provide additional flexibility by permitting the use, on a
voluntary basis, of third party collateral purchase arrangements for
those F&O Clearing Members that are interested in such arrangements. No
Clearing Member will be required to use these arrangements, and the
changes will thus not affect those Clearing Members that do not
participate in such arrangements. In addition, the amendments will not
otherwise affect the terms or conditions of any cleared contract or the
standards or requirements for participation in or use of the Clearing
House. Accordingly, the changes should not, in the Clearing House's
view, affect the availability of clearing, access to clearing services
or the costs of clearing for clearing members or other market
participants.

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

    Written comments relating to the proposed change to the rules have
not been solicited or received. ICE Clear Europe will notify the
Commission of any written comments received by ICE Clear Europe.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) \13\ of the Act and Rule 19b-4(f)(4)(ii) \14\ thereunder
because it effects a change in an existing service of a registered
clearing agency that primarily affects the operations of the clearing
agency with respect to products that are not securities, including
futures that are not security futures, swaps that are not security-
based swaps or mixed swaps, and forwards that are not security
forwards, and does not significantly

affect any securities clearing operations of the clearing agency or any
rights or obligations of the clearing agency with respect to securities
clearing or persons using such securities clearing service, within the
meaning of Rule 19b-4(f)(4)(ii). At any time within 60 days of the
filing of the proposed rule change, the Commission summarily may
temporarily suspend such rule change if it appears to the Commission
that such action is necessary or appropriate in the public interest,
for the protection of investors, or otherwise in furtherance of the
purposes of the Act.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml) or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-ICEEU-2014-23 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ICEEU-2014-23. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filings will also be available
for inspection and copying at the principal office of ICE Clear Europe
and on ICE Clear Europe's Web site at https://www.theice.com/clear-europe/regulation#rule-filings.
    All comments received will be posted without change; the Commission
does not edit personal identifying information from submissions. You
should submit only information that you wish to make available
publicly. All submissions should refer to File Number SR-ICEEU-2014-23
and should be submitted on or before December 19, 2014.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-28080 Filed 11-26-14; 8:45 am]
BILLING CODE 8011-01-P