[Federal Register: April 2, 2008 (Volume 73, Number 64)]
[Notices]
[Page 18019-18022]
[DOCID:fr02ap08-108]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-57573; File Nos. SR-DTC-2007-14 and SR-NSCC-2007-14]

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

March 27, 2008.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ notice is hereby given that on October 15, 2007, The
Depository Trust Company (``DTC'') and the National Securities Clearing
Corporation (``NSCC'') each filed with the Securities and Exchange
Commission (``Commission'') and on December 20, 2007, and on February
25, 2008, each amended their proposed rule changes as described in
Items I, II, and III below, which items have been prepared by DTC and
NSCC. The Commission is publishing this notice to solicit comments on
the proposed rule changes from interested parties.
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    \1\ 15 U.S.C. 78s(b)(1).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Changes

    DTC and NSCC are seeking to amend their Rules to provide a new
service, ``ID Net Service,'' which will establish settlement netting
functionalities for institutional transactions by leveraging the
netting and settlement capabilities of NSCC with the existing
processing capabilities of DTC.

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

    In its filing with the Commission, DTC and NSCC included statements
concerning the purpose of and basis for the proposed rule changes and
discussed any comments it received on the proposed rule changes. The
text of these statements may be examined at the places specified in
Item IV below. DTC and NSCC have prepared summaries, set forth in
sections (A), (B), and (C) below, of the most significant aspects of
these statements.\2\
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    \2\ The Commission has modified the text of the summaries
prepared by DTC and NSCC.
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A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Changes

1. Background
    Unlike exchange trades and most prime broker trades, most
institutional delivery (``ID'') transactions do not currently flow
through NSCC's Continuous Net Settlement system (``CNS'').\3\ Rather,
these institutional transactions are processed and settled at DTC. The
ID Net Service will allow subscribers to the service to net all
eligible affirmed institutional transactions at DTC against their CNS
transactions at NSCC.
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    \3\ NSCC's CNS is an automated accounting and securities
settlement system that centralizes and nets the settlement of
compared and recorded securities transactions and maintains an
orderly flow of security and money balances. CNS provides clearance
for equities, corporate bonds, unit investment trusts, and municipal
bonds that are eligible for book-entry transfer at DTC.
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    The ID Net Service will accept affirmed institutional transactions
that are eligible for the ID Net Service from clearing agencies
registered pursuant to Section 17A of the Act, other entities (such as
Omgeo Matching Services--US LLC) which have obtained an exemption from
clearing agency registration from the Commission, and Qualified
Vendors, as defined in the rules of the New York Stock Exchange, the
National Association of Securities Dealers, or other self-regulatory
organizations (entities with exemptions from clearing agency
registration or Qualified Vendor are collectively referred to as
``Affirming Agencies''), and net the broker-dealer side of such
transaction with the broker-dealer's CNS obligations.
    Eligibility for the ID Net Service will require that a broker-
dealer be an NSCC Member eligible for CNS processing and a DTC
Participant (``ID Net Firm'') and that a bank be a DTC Participant
(``ID Net Bank'') (collectively ``ID Net Subscribers''). In addition,
eligibility for ID Net Service processing will be based on the
underlying security being processed, the type of transaction submitted
for processing, and the timing of affirmation. Participation in the ID
Net Service will be voluntary and will be governed by the rules and
procedures applicable to the ID Net Service as described below. All ID
Net Subscribers will be required to enter into separate ID Net
Subscriber agreements with NSCC and/or DTC, as applicable, governing
their use of the ID Net Service.
2. Current Processing
    A typical ID transaction is currently processed as follows. An
Investment Manager, acting on behalf of its Institutional client,
executes a transaction with Firm A. The Investment Manager, or a
Custodian acting on its behalf, and Firm A submit the transaction data
to an Affirming Agency (for example, Omgeo) for confirmation/
affirmation. Once affirmed, the Affirming Agency's automated systems
transmit settlement instructions for the matched transaction to DTC's
Inventory Management System (``IMS'') to be processed. These ID
transactions are not netted, rather they are settled on a trade-for-
trade basis at DTC.
3. Proposed Service
    In order to extend netting benefits and efficiencies to
institutional transactions, NSCC will extend its clearance and
settlement functionalities to net the broker-dealer's side of
institutional transactions with the broker-dealer's broker-to-broker
activity that is eligible for processing through NSCC's CNS service.
    Most equity securities that are currently eligible for CNS
processing will be eligible for ID Net Service processing. However, ID
Net Services will initially exclude the following: (1) Corporate and
municipal bonds and unit investment trust issues; (2) new issue
securities in their first day of IPO trading; (3) securities that are
IPO tracked since the use of omnibus accounts would bypass the tracking
system; (4) trades in issues that are currently undergoing a mandatory
or voluntary reorganization; (5) trades in securities with a CNS buy-
in; and (6) trades in securities appearing on the Commission's
Regulation SHO list.\4\
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    \4\ NSCC has determined that certain security types may have a
relatively high rate of delivery failure or may disrupt normal
processing of transactions in the ID Net Service. Such securities
will initially be excluded from the service; however, as experience
with the service grows, the status of such securities may be
reevaluated.

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    To facilitate the processing of ID Net Service transactions, two
new securities accounts will be established by NSCC at DTC on behalf of
all ID Net Firms that have elected to use ID Net Service--the ``ID
Netting Subscriber Deliver Account'' and the ``ID Netting Subscriber
Receive Account'' (collectively referred to as the ``ID Netting
Subscriber Accounts''). NSCC will be the owner of both accounts and
will act as agent for the ID Net Firms. NSCC will process ID Net
Service transactions through these accounts on behalf of participating
ID Net Firms. While NSCC will direct transactions through these
accounts on behalf of the ID Net Firms, the ID Net Firms, not NSCC,
will be responsible for satisfying applicable DTC risk management
controls and Participant Fund requirements for their activity in the ID
Netting Subscriber Accounts.
    The ID Netting Subscriber Deliver Account will be maintained for
all ID Net Firms receiving ID Net Eligible Securities from an ID Net
Bank. The ID Netting Member Receive Account will be maintained for all
ID Net Firms receiving ID Net Eligible Securities from CNS that are
bound for delivery by that ID Net Firm to an ID Net Bank.\5\
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    \5\ ID Net Firms will not have the ability to direct
transactions to either ID Netting Subscriber Account. All ID Net
Firm positions in either the ID Netting Subscriber Deliver Account
or the ID Netting Subscriber Receive Account will be recorded
separately by NSCC and in no event will securities positions of one
ID Net Firm be attributed to another ID Net Firm.
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    With the establishment of these two new ID Netting accounts, ID Net
Service transactions will be processed as follows. Upon affirmation,
the Affirming Agency will check that the transaction is eligible for ID
Net Service processing. If the transaction qualifies, the Affirming
Agency prior to submitting that affirmed transaction to IMS will flag
the transaction by populating the delivery instructions third party
field with the account number of the ID Netting Subscriber.
    IMS will facilitate the delivery of the securities, subject to
DTC's risk management controls, to the ID Netting Subscriber Deliver
Account. On the night of trade date plus two (``T+2''), the ID Net
Firm's CNS position, if any, will be updated for the quantity and value
of the ID Net Service transaction and an open obligation in the ID
Netting Subscriber Deliver Account will be created.
    For transactions in which the ID Net Firm is delivering securities
to an ID Net Bank, on the night of T+2, the ID Net Firm's CNS position,
if any, will be updated for the quantity and value of the ID Net
Service transaction and an open obligation in the ID Netting Subscriber
Receive Account will be created. Once the securities are credited to
the ID Netting Subscriber Receive Account, the securities will be
delivered, subject to DTC's Risk Management controls, to the ID Net
Bank's account.
    ID Net Service transactions not completed for any reason, including
due to a party's failure to deliver or pass DTC's risk management
controls, by 11:30 a.m. on settlement date will be ``dropped'' from ID
Net Service and instead will be settled trade-for-trade between the
original counterparties at DTC as if the transaction had not been
included in the ID Net Service.
4. Eligibility Requirements
    Eligibility is based on the participants, the underlying security,
the type of trade, and the timing of the affirmation as follows: (1)
The broker-dealer must be both an NSCC Member and a DTC Participant;
(2) The custodian bank must be a DTC Participant; (3) The broker-dealer
and the custodian bank must both elect to participate in the ID Net
Service; and (4) The security must be an equity security eligible for
CNS. The following securities will not be eligible for the ID Net
Service: (1) Corporate and municipal bonds; (2) unit investment trust
issues; (3) new issue securities in their first day of trading; (4)
securities that are IPO tracked since the use of omnibus accounts would
bypass the tracking system; (5) securities that are undergoing a
mandatory or voluntary reorganization; (6) securities with a pending
CNS buy-in; and (7) Regulation SHO securities.\6\ The trade must be
affirmed before 9 p.m. on trade date plus one (``T+1''), and the trade
must be ``regular-way'' (i.e., scheduled for T+3 settlement).
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    \6\ Supra note 4.
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    After a transaction has been affirmed and deemed eligible for the
ID Net Service, DTC will monitor the ID Net Service transaction's
eligibility up until approximately 8 p.m. on the night of T+2. If the
transaction becomes ineligible for any reason, the transaction will be
exited from the ID Net Service processing and will be settled on a
trade-for-trade basis between the ID Net Firm and the ID Net Bank
outside of the ID Net Service at DTC.
5. Settlement
    Upon receipt of the affirmation of an eligible trade from the
Affirming Agency, DTC's IMS System will automate the following: (1) For
bank deliveries, IMS will move the ``original clearing broker'' from
the ``receiver's field'' to the ``third party field'' of the ID
delivery instruction and will replace it with a with the ID Netting
Subscriber Delivery Account and (2) For bank receives, IMS will move
the ``original clearing broker'' from the ``deliverer's field'' to the
``third party field'' of the ID delivery instruction and will replace
it with the ID Netting Subscriber Receive Account.
    Custodian banks will still be able to exempt or authorize ID
deliveries in IMS before the night cycle as they do today; and trades
that are eligible for ID Net Service but which are still in a pending
state by 11:30 a.m. on settlement date will revert to trade-for-trade
settlement versus the original clearing participant and will not settle
as part of ID Net Service. Accordingly, if the bank subsequently
authorizes the delivery, it will be sent to the original clearing
broker instead of to the ID Netting Subscriber Deliver Account.
    ID Net Firms will still be able to exempt or cancel an ID delivery
in IMS as they do today, but they will be limited to instructions
transmitted through DTC's Participant Terminal Service and Participant
Browser Service (PTS/PBS) and only on a trade-by-trade basis.
Deliveries from the ID Netting Subscriber Receive Account will be
attempted in random order until approximately 10 a.m. on settlement
date. After that time, the system will attempt to complete any of the
deliveries up until 11:30 a.m. in settlement value order with highest
value first. ID Net Service transactions not completed for any reason
by 11:30 a.m. due to a party's failure to deliver or pass DTC risk
controls on settlement date will be exited from the ID Net Service and
instead will settle trade-for-trade versus the original clearing
broker. Deliveries that do not complete will be available for immediate
reintroduction from the original clearing broker's account through a
new IMS function at 11:30 a.m. Brokers can then create a profile to
have these deliveries await authorization or to be processed
immediately.
    If an ID Net Bank reclaims a transaction from the ID Netting
Subscriber Receive Account, the reclaim will be processed against the
applicable ID Net Firm and not against the ID Netting Subscriber
Receive Account.
6. DTC Risk Management Control Updates
    In order to protect DTC from having a failure exported from NSCC,
updates

to DTC's participants' net debit caps and collateral monitors will be
necessary. A new ID Net Service collateral monitor and net debit cap
balance will be recorded for each ID Net Firm. The ID Net Service
collateral monitor will record the net balance of collateral generated
for all transactions processed through the ID Net Service. If the
balance of collateral generated by all ID Net Service receives and
delivers is positive, the ID Net Firm's collateral monitor will not be
increased by that amount. However, if an ID Net Service transaction
requires collateral, the system will use the ID Net Service collateral
surplus for that ID Net Firm before attempting to use other collateral
from that ID Net Firm. If there is insufficient ID Net Service
collateral for that broker, the system will look to the ID Net Firm's
excess collateral in its account.
    Similar to collateral, the system will create a new ID Net Service
settlement balance for each ID Net Firm. When this balance is a net
credit from deliveries on the ID Net Firm's behalf through the ID
Netting Subscriber Receive Account, it will only be used to offset
incoming ID Net Services receives to the ID Netting Subscriber Deliver
Account. If there is an insufficient ID Net Service credit to absorb
the debit of the ID Net Service delivery to the ID Netting Subscriber
Deliver Account for the ID Net Firm, the system will create an ID Net
Service debit that will effectively treat the ID Net Service debit as a
reduction of the ID Net Firm's net debit cap. The ID Net Service debit
will only be used for net debit cap calculation purposes and will not
represent a participant's actual settlement balance.\7\ If the broker
has insufficient collateral or net debit cap, the transaction will pend
until 11:30 am on settlement date.\8\
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    \7\ Currently, brokers receive market value credit for
deliveries to CNS if the security is received versus payment (RVP)
or collateral value (collateral value is market value less the DTC
haircut) if the delivery to CNS was from securities in their start
of day position or received for free. With respect to the ID Net
Service, the system will no longer identify if a delivery would have
come from a broker's RVP securities or not, and as such, the system
will assume the delivery would have come from a broker's start of
day position.
    Likewise, to the extent that ID Net Firms have a net credit for
their ID deliveries today, an ID Net Firm's settlement balance is
reduced. Since these credits will no longer be generated from the ID
Net Firm's account, it may require the need to fund DTC intraday to
prevent net debit cap blockage.
    \8\ As an example of how DTC risk controls would be applied to
ID Net Subscribers, assume that Investment Manager A sells 10 shares
of Common Stock X using ID Net Firm B (a broker). If B sells the
shares on an exchange for $20, and the trade is affirmed and the
shares are delivered by A's Custodian Bank C, then C would receive a
credit in DTC for $20 and the ID Netting Subscriber Deliver Account
(owned by NSCC as agent for B) would have a DTC debit of $20. In
this case, B's net debit cap would be reduced by $20 and its
collateral monitor is reduced by the net of the $20 debit and the
collateral value of the securities (e.g. with a 10 percent haircut
the collateral value would be $18), or $2. When the ID Netting
Subscriber Deliver Account delivers the shares to CNS, it receives a
credit for $20. This credit is offset with the DTC debit of $20 at
end-of-day. Additionally, assume A then buys 10 shares of Commons
Stock Y through B at $30. On the night of T+2, CNS will deliver the
shares to the ID Netting Subscriber Receive Account and that account
will be debited in CNS for $30. C would then receive 10 shares of Y
from the ID Netting Subscriber Receive Account. C receives a debit
in DTC for $30 and the ID Netting Subscriber Receive Account is
credited at DTC for $30. B's account has its DTC net debit cap
increased by $20 to offset the previous decrease of $20 (for the
sale of Common Stock X) (and not $30 since the net of the ID Net
receive relating to the sale of Common Stock X above of $20 and the
delivery of Common Stock Y for $30 is a $10 credit and B's net debit
cap is decremented only when the net balance is a debit. C will not
receive a net credit, but will receive an offset of previous ID Net
debits with ID Net credits) and the same for its collateral monitor
which is increased only up to the amount it was debited for ID Net
transactions (absent its participation in the ID Net service, B
would have received a $3 credit to the collateral monitor which
equals the net of the $30 credit and the collateral value of the
securities $27 ($30 market value less a 10% haircut)). In this case,
B would only receive a collateral credit of $2, but the ID Net
credit balance of $1 will be registered to absorb future ID Net
receives that have a collateral deficiency. If C was at its net
debit cap or collateral monitor limit due to other receives, the ID
Net transaction would recycle or pend in the system until the
deficiency could be satisfied or until 11:30 am, when it would drop
out of ID Net.
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7. NSCC Clearing Fund Offset and Mark-to-Market
    ID Net Service transactions will be used to offset the balance of
any other CNS transactions and the ``net'' of those transactions will
be used for purposes of determining NSCC Clearing Fund obligations
pursuant to NSCC's current procedures with a revised mark-to-market
calculation applicable to ID Net Firms. The revised mark-to-market
calculation for ID Net Firms will be based on (x) the current CNS mark-
to-market component (which will exclude ID Net transactions) and (y) a
mark-to-market component calculated with respect to ID Net Service-
related positions. However, any positive value derived from either (x)
or (y) will be set to zero.\9\
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    \9\ Similar to the existing CNS mark-to-market component, the
new ID Net Service mark-to-market component applicable to ID Net
Service transactions will equal the net of each day's difference
between the contract price of the Member's net positions relating to
ID Net Service activity and the current market price for such
positions.
    For example, if an ID Net Firm has a ``regular'' mark-to-market
debit of $500,000 and an ID Net Service mark-to-market debit of
$100,000, then these debits would be added together and the ID Net
Firm's total mark-to-market obligation would equal a debit of
$600,000. However, if that same ID Net Firm's ID Net mark-to-market
calculation results in a credit of $100,000, then the value of that
credit would be set to zero, and therefore the total mark-to-market
would equal a debit $500,000 (i.e., the amount of the broker's
regular mark-to-market debit).
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8. Prioritization
    In order to reduce the potential number and value of fails in the
ID Net Service, deliveries from CNS to the ID Netting Subscriber
Receive Account will be given a higher delivery priority pursuant to
the allocation algorithm set forth in NSCC's Procedure VII (CNS
Accounting Operation) than other CNS deliveries with the exception of
buy-in deliveries, corporate action deliveries, and deliveries of
component securities of index receipts.\10\ NSCC is also modifying this
Procedure to clarify that deliveries of the component securities for
index receipts shall have the same priority as deliveries to the ID
Netting Subscriber Receive Account.
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    \10\ Currently, institutional deliveries processed through the
DTC system from ID Net Firms to banks may be prioritized by ID Net
Firms through IMS and/or through exempting their deliveries to CNS
in order to ensure that available inventory will be used for such
deliveries. Including transactions in the proposed service allows
for the ``automation'' of such prioritization through the CNS
Accounting Operation.
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    Any ID Net transactions that cannot be completed will be exited
from the ID Net Service and instead will settle trade-for-trade between
the ID Net Firm and the ID Net Bank (the original counterparties) at
DTC.
9. DTC Fees
    ID Net Banks and ID Net Firms will be charged a reduced DTC ID Net
Service fee of $0.025 for each completed delivery and receive processed
versus the ID delivery or receive fee of $0.05. For deliveries that are
exited from the ID Net Service, there will not be a ``drop'' fee
charged. For ID Net Service deliveries cancelled by ID Net Firms from
the ID Netting Subscriber Receive Account, the $0.45 ``pend cancel''
fee will be charged. For ID Net Service deliveries to and from CNS on
behalf of the ID Net Firms, no fee will be charged.
10. NSCC Rulebook Changes
    Under the proposed rule change, a new Rule 65 and Procedure XVI
(both titled ``ID Net Service'') will be added to NSCC's Rules, and
additional conforming changes will be made elsewhere throughout NSCC's
Rules to provide consistency with the new Rule 65. These additional
changes include the following.
(a) Rule 3 (Lists To Be Maintained)
    A subsection will be added to Rule 3 to provide that NSCC will
maintain a list of Eligible ID Net Securities and may

from time to time add or delete applicable CNS Securities from the
list.
(b) Procedure VII (CNS Accounting Operation)
    Procedure VII will be revised to incorporate the processing of
transactions in Eligible ID Net Securities into the CNS Accounting
Operation. The revisions will also reflect: (i) That Members will not
be able to exempt deliveries from an ID Netting Subscriber Account,
(ii) the prioritization of ID Net Service deliveries and deliveries of
the component securities of index receipts in the CNS allocation
algorithm behind deliveries associated with reorganizations and buy-
ins, and (iii) that ID Net Service transactions will be recorded on the
Miscellaneous Activity Report on the night of T+2 and removals of such
transactions from the ID Net Service will also be recorded on that
report.
(c) Procedure XV (Clearing Fund Formula and Other Matters)
    Procedure XV will be revised to indicate the exclusion of ID Net
Service transactions from the ID offset process for the purposes of
calculating the volatility component of a subscriber's Clearing Fund
requirement. In addition language will be revised and added with
respect to the calculation of mark-to-market to reflect the changes to
the formula as described above.
    DTC and NSCC believe that the proposed rule changes are consistent
with the requirements of Section 17A of the Act \11\ and the rules and
regulations thereunder applicable to DTC and NSCC in that they promote
the prompt and accurate clearance and settlement of securities
transactions by leveraging the capabilities of the DTC and NSCC systems
to provide for more streamlined securities deliveries and extend
netting benefits and efficiencies to ID transactions.
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    \11\ 15 U.S.C. 78q-1.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    DTC and NSCC do not believe that the proposed rule changes would
have any impact or impose any burden on competition.

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

    Written comments have not been solicited with respect to the
proposed rule change, and none have been received. DTC and NSCC will
notify the Commission of any written comments they receive.

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

    Within thirty-five days of the date of publication of this notice
in the Federal Register or within such longer period (i) as the
Commission may designate up to ninety days of such date if it finds
such longer period to be appropriate and publishes its reasons for so
finding or (ii) as to which the self-regulatory organization consents,
the Commission will:
    (A) By order approve such proposed rule change, or
    (B) Institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change, as amended, 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 e-mail to<EMAIL_ADDRESS>Please include
File Numbers SR-DTC-2007-14 and SR-NSCC-2007-14 on the subject line.

Paper Comments

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

All submissions should refer to File Numbers SR-DTC-2007-14 and SR-
NSCC-2007-14. This file number should be included on the subject line
if e-mail 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 inspection and copying in the Commission's Public
Reference Section, 100 F Street, NE., Washington, DC 20549, on official
business days between the hours of 10 am and 3 pm. Copies of such
filings also will be available for inspection and copying at the
principal offices of DTC and NSCC and on DTC's Web site at http://
www.dtcc.com/downloads/legal/rule_filings/2007/dtc/2007-14.pdf and on
NSCC's Web site at http://www.dtcc.com/downloads/legal/rule_filings/
2007/nscc/2007-14.pdf. All comments received will be posted without
change; the Commission does not edit personal identifying information
from submissions. You should submit only information that you wish to
make available publicly. All submissions should refer to File Numbers
SR-DTC-2007-14 and SR-NSCC-2007-14 and should be submitted on or before
April 23, 2008.

    For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E8-6808 Filed 4-1-08; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 132 (Tuesday, July 10, 2012)]
[Rules and Regulations]
[Page 40509]
[FR Doc No: 2012-16779]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2012-0550]

Drawbridge Operation Regulation; Oakland Inner Harbor Tidal
Canal, Alameda, CA

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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SUMMARY: The Coast Guard has issued a temporary deviation from the
operating regulation that governs the Park Street Drawbridge across
Oakland Inner Harbor Tidal Canal, mile 5.2, at Alameda, CA. The
deviation is necessary to allow the County of Alameda Public Works
Agency to perform necessary repairs on the drawbridge. This deviation
allows single leaf operation of the double leaf bascule style
drawbridge during the project.

DATES: This deviation is effective from 7 a.m., July 9, 2012 to 6 p.m.
on July 18, 2012.

ADDRESSES: Documents mentioned in this preamble as being available in
the docket are part of the docket USCG-2012-0550 and are available
online by going to http://www.regulations.gov, inserting USCG-2012-0550
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 rule,
call or email David H. Sulouff, Chief, Bridge Section, Eleventh Coast
Guard District; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
If you have questions on viewing the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The County of Alameda Public Works
Department has requested a temporary change to the operation of the
Park Street Drawbridge, mile 5.2, over Oakland Inner Harbor Tidal
Canal, at Alameda, CA. The drawbridge navigation span provides a
vertical clearance of 15 feet above Mean High Water in the closed-to-
navigation position. The draw opens on signal; except that, from 8 a.m.
to 9 a.m. and 4:30 p.m. to 6:30 p.m. Monday through Friday except
Federal holidays, the draw need not be opened for the passage of
vessels. However, the draw shall open during the closed periods for
vessels which must, for reasons of safety, move on a tide or slack
water, if at least two hours notice is given. Navigation on the
waterway is commercial and recreational.
    The Alameda (south) side of the bridge leaf of the double bascule
drawspan may be secured in the closed-to-navigation position from 7
a.m., July 9, 2012 to 6 p.m. on July 18, 2012, to allow the County of
Alameda Public Works Agency to perform necessary repairs on the bridge.
The opposite leaf will continue to operate normally, providing
unlimited vertical clearance and 120 feet horizontal clearance between
leafs. This temporary deviation has been coordinated with waterway
users. No objections to the proposed temporary deviation were raised.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the designated
time period. This deviation from the operating regulations is
authorized under 33 CFR 117.35.

    Dated: June 27, 2012.
D.H. Sulouff,
District Bridge Chief, Eleventh Coast Guard District.
[FR Doc. 2012-16779 Filed 7-9-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: May 14, 2010 (Volume 75, Number 93)]
[Notices]
[Page 27353]
[DOCID:fr14my10-97]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2010-0387]

Navigation Safety Advisory Council; Meeting

AGENCY: Coast Guard, DHS.

ACTION: Notice of meeting.

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

SUMMARY: The Navigation Safety Advisory Council (NAVSAC) will meet in
Washington, DC, to discuss various issues relating to the safety of
navigation. The meeting will be open to the public.

DATES: NAVSAC will meet on Tuesday, June 22, 2010, from 8 a.m. to 5
p.m. and Wednesday, June 23, 2010, from 8 a.m. to 5 p.m. This meeting
may close early if all business is finished. Written material and
requests to make oral presentations should reach the Coast Guard on or
before June 4, 2010. Requests to have a copy of your material
distributed to each member of the committee should reach the Coast
Guard on or before June 4, 2010.

ADDRESSES: NAVSAC will meet at the Courtyard by Marriott Washington
Capitol Hill/Navy Yard Hotel, Admiral I and II Conference Rooms, 140 L
Street SE., Washington, DC 20003. Send written material and requests to
make oral presentations to Mr. Mike Sollosi, Designated Federal Officer
(DFO) of NAVSAC, Commandant (CG-5413), U.S. Coast Guard Headquarters,
2100 Second Street SW., Washington, DC 20593-7581. This notice may be
viewed in our online docket, USCG-2010-0387, at http://
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Mr. Mike Sollosi, the Designated
Federal Officer (DFO) of NAVSAC, telephone<PHONE_NUMBER> or e-mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Notice of the meeting is given under the
Federal Advisory Committee Act, 5 U.S.C. App. (Pub. L. 92-493).

Agenda of Meeting

    The agenda for the June 22-23, 2010, NAVSAC meeting is as follows:
    (1) Recreational boat lighting modification.
    (2) Offshore Renewable Energy Installations (OREI) NVIC 02-07
review.
    (3) Designation of ``narrow channels'' for Inland Navigation Rule 9
application.
    (4) Unmanned Autonomous Vessels COLREGS applicability.

Procedural

    This meeting is open to the public. Please note that the meeting
may close early if all business is finished. At the Chair's discretion,
members of the public may make oral presentations during the meeting.
If you would like to make an oral presentation at the meeting, please
notify the DFO no later than June 4, 2010. Written material for
distribution at the meeting should reach the Coast Guard no later than
June 4, 2010. If you would like a copy of your material distributed to
each member of the committee in advance of the meeting, please submit
25 copies to the DFO no later than June 4, 2010.

Information on Services for Individuals With Disabilities

    For information on facilities or services for individuals with
disabilities or to request special assistance at the meeting, contact
the DFO as soon as possible.

    Dated: May 7, 2010.
Wayne A. Muilenburg,
Captain, U.S. Coast Guard, Office of Waterways Management.
[FR Doc. 2010-11517 Filed 5-13-10; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: January 13, 2010 (Volume 75, Number 8)]
[Notices]
[Page 1799-1800]
[DOCID:fr13ja10-84]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2009-0299]

Terminate Long Range Aids to Navigation (Loran-C) Signal

AGENCY: U.S. Coast Guard, DHS.

ACTION: Notice; correction.

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

SUMMARY: The Coast Guard is correcting a notice that appeared in the
Federal Register of January 7, 2010 (75 FR 998). The document announced
termination of the Long Range Aids to Navigation (Loran-C) Signal
commencing on or about February 8, 2010. The document had an incorrect
word in the DATES section.

DATES: Effective January 13, 2010.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice,
contact Mr. Mike Sollosi, U.S. Coast Guard, Department of Homeland
Security, telephone<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the Federal Register of January 7, 2010,
in

FR Doc. 2010-83, on page 998 in the second column under DATES, correct
``Transmission of the Loran-C signal and phased decommissioning of the
Loran-C infrastructure will commence on or about February 8, 2010'' to
read: ``Termination of the Loran-C signal and phased decommissioning of
the Loran-C infrastructure will commence on or about February 8,
2010.''

    Dated: January 7, 2010.
Mark W. Skolnicki,
Commander, U.S. Coast Guard, Acting Chief, Office of Regulations and
Administrative Law.
[FR Doc. 2010-439 Filed 1-12-10; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 82, Number 158 (Thursday, August 17, 2017)]
[Proposed Rules]
[Pages 39101-39102]
[FR Doc No: 2017-17412]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 372

[EPA-HQ-OPPT-2017-0197; FRL-9964-76]
RIN 2070-AK32

Community Right-To-Know; Adopting 2017 North American Industry
Classification System (NAICS) Codes for Toxics Release Inventory (TRI)
Reporting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to update the list of North American Industry
Classification System (NAICS) codes subject to reporting under the
Toxics Release Inventory (TRI) to reflect the Office of Management and
Budget (OMB) 2017 NAICS code revision. As a result of this proposal,
facilities would be required to use 2017 NAICS codes when reporting to
TRI beginning with TRI reporting forms that are due on July 1, 2018,
covering releases and other waste management quantities for the 2017
calendar year. EPA is also modifying the list of exceptions and
limitations associated with NAICS codes in the CFR for TRI reporting
purposes by deleting the descriptive text. EPA believes that the
proposed amendments are non-controversial and does not expect to
receive any adverse comments. Therefore, in addition to this Notice of
Proposed Rulemaking, in the ``Rules and Regulations'' section of
today's Federal Register, EPA is promulgating the 2017 NAICS code
update as a direct final rule. For more information on this proposal,
please refer to the direct final rule.

DATES: Comments must be received on or before September 18, 2017.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2007-0197, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: Document Control Office (7407M), Office of Pollution
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT:
    For technical information contact: Stephanie Griffin, Toxics
Release Inventory Program Division, Mailcode 7410M, Office of Pollution
Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number:
(202) 564-1463; email address<EMAIL_ADDRESS>    For general information contact: The Emergency Planning and
Community Right-to-Know Information Center; telephone number: (800)
424-9346, TDD<PHONE_NUMBER>; Web site: https://www.epa.gov/home/epa-hotlines.

SUPPLEMENTARY INFORMATION: For further information about the proposed
update to TRI's covered NAICS codes, please see the information
provided in the direct final action, with the same title, that is
located in the ``Rules and Regulations'' section of this issue of the
Federal Register. To comment on this proposed rule, and by extension
the direct final rule, you must reference docket ID No. EPA-HQ-OPPT-
2007-0197 in one of the manners described above in the ADDRESSES
section.

List of Subjects in 40 CFR Part 372

    Environmental protection, Community right-to-know, Reporting and
recordkeeping requirements, Toxic chemicals.

    Dated: August 7, 2017.
Wendy Cleland-Hamnett,
Acting Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.
[FR Doc. 2017-17412 Filed 8-16-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: May 10, 2007 (Volume 72, Number 90)]
[Notices]
[Page 26619]
[DOCID:fr10my07-59]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP07-424-000]

Northern Natural Gas Company; Notice of Proposed Changes in FERC
Gas Tariff

May 3, 2007.
    Take notice that on May 1, 2007 Northern Natural Gas Company
(Northern) tendered for filing as part of its FERC Gas Tariff, Fifth
Revised Volume No. 1, the following tariff sheets, to become effective
November 1, 2007:

27 Revised Sheet No. 54
25 Revised Sheet No. 63
24 Revised Sheet No. 64

    Northern further states that copies of the filing have been mailed
to each of its customers and interested state commissions.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
Sec.  154.210 of the Commission's regulations (18 CFR 154.210). Anyone
filing an intervention or protest must serve a copy of that document on
the Applicant. Anyone filing an intervention or protest on or before
the intervention or protest date need not serve motions to intervene or
protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
[FR Doc. E7-8931 Filed 5-9-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: November 25, 2005 (Volume 70, Number 226)]
[Notices]
[Page 71134-71135]
[DOCID:fr25no05-78]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Application Accepted for Filing and Soliciting Motions
To Intervene, Protests, and Comments

November 18, 2005.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Application: Preliminary Permit.
    b. Project No.: 12621-000.
    c. Date filed: October 11, 2005.
    d. Applicant: Cascade Creek, LLC.
    e. Name of Project: Scenery Lake Project.
    f. Location: The project would be located on Scenery Lake and
Scenery Creek, in Petersburg-Wrangell Borough, Alaska. The project
would be located within the Tongrass National Forest.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Mr. Steven C. Marmon, Cascade Creek, LLC,
3633 Alderwood Avenue, Bellingham, WA 98225, Phone<PHONE_NUMBER>.
    i. FERC Contact: Robert Bell,<PHONE_NUMBER>.
    j. Deadline for filing comments, protests, and motions to
intervene: 60 days from the issuance date of this notice.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person in the official service list for the
project. Further, if an intervenor files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency.
    k. Description of Project: The proposed project would consist of:
(1) An existing natural lake having a storage capacity of 50,000 acre-
feet and normal water surface elevation of 1,070 feet mean sea level,
(2) a proposed lake tap structure, (3) a proposed 7,500-foot-long, 8-
foot-diameter steel tunnel/penstock, (4) a proposed powerhouse
containing two to four generating units with a total installed capacity
from 40 to 80 megawatts, (5) a proposed 7-mile-long, 138-kilovolt
transmission line; and (6) appurtenant facilities. The project would
have an annual generation of 60 gigawatt hours, which would be sold to
a local utility.
    l. Locations of Applications: A copy of the application is
available for inspection and reproduction at the Commission in the
Public Reference Room, located at 888 First Street, NE., Room 2A,
Washington, DC 20426, or by calling<PHONE_NUMBER>. This filing may
also be viewed on the Commission's Web site at http://www.ferc.gov

using the ``eLibrary'' link. Enter the docket number excluding the last
three digits in the docket number field to access the document. For
assistance, call toll-free 1-866-208-3676 or e-mail
<EMAIL_ADDRESS>For TTY, call<PHONE_NUMBER>. A copy is

also available for inspection and reproduction at the address in item
h. above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Competing Preliminary Permit: Anyone desiring to file a
competing application for preliminary permit for a proposed project
must submit the competing application itself, or a notice of intent to
file such an application, to the Commission on or before the specified
comment date for the particular application (see 18 CFR 4.36).
Submission of a timely notice of intent allows an interested person to
file the competing preliminary permit application no later than 30 days
after the specified comment date for the particular application. A
competing preliminary permit application must conform with 18 CFR
4.30(b) and 4.36.
    o. Competing Development Application: Any qualified development
applicant desiring to file a competing development application must
submit to the Commission, on or before a specified comment date for the
particular application, either a competing development application or a
notice of intent to file such an application. Submission of a timely
notice of intent to file a development application allows an interested
person to file the competing application no later than 120 days after
the specified comment date for the particular application. A competing
license application must conform with 18 CFR 4.30(b) and 4.36.
    p. Notice of Intent: A notice of intent must specify the exact
name, business address, and telephone number of the prospective
applicant, and must include an unequivocal statement of intent to
submit, if such an application may be filed, either a preliminary
permit application or a development application (specify which type of
application). A notice of intent must be served on the applicant(s)
named in this public notice.
    q. Proposed Scope of Studies Under Permit: A preliminary permit, if
issued, does not authorize construction. The term of the proposed
preliminary permit would be 36 months. The work proposed under the
preliminary permit would include economic analysis, preparation of
preliminary engineering plans, and a study of environmental impacts.
Based on the results of these studies, the Applicant would decide
whether to proceed with the preparation of a development application to
construct and operate the project.
    r. Comments, Protests, or Motions To Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    Comments, protests and interventions may be filed electronically
via the Internet in lieu of paper. See 18 CFR 385.2001 (a)(1)(iii) and
the instructions on the Commission's Web site under ``e-filing'' link.
The Commission strongly encourages electronic filing.
    s. Filing and Service of Responsive Documents: Any filings must
bear in all capital letters the title ``COMMENTS'', ``COMPETING
APPLICATION'', ``RECOMMENDATIONS FOR TERMS AND CONDITIONS'',
``PROTEST'', or ``MOTION TO INTERVENE'', as applicable, and the Project
Number of the particular application to which the filing refers. Any of
the above-named documents must be filed by providing the original and
the number of copies provided by the Commission's regulations to: The
Secretary, Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426. A copy of any motion to intervene must also be
served upon each representative of the Applicant specified in the
particular application.
    t. Agency Comments: Federal, State, and local agencies are invited
to file comments on the described application. A copy of the
application may be

obtained by agencies directly from the Applicant. If an agency does not
file comments within the time specified for filing comments, it will be
presumed to have no comments. One copy of an agency's comments must
also be sent to the Applicant's representatives.

Magalie R. Salas,
Secretary.
[FR Doc. E5-6498 Filed 11-23-05; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 234 (Thursday, December 7, 2023)]
[Rules and Regulations]
[Pages 85124-85126]
[FR Doc No: 2023-26490]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R05-OAR-2023-0283; FRL-11127-02-R5]

Air Plan Approval; Indiana; Municipal Solid Waste Landfill State
Plan Approval for Designated Facilities and Pollutants

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving
Indiana's state plan to control air pollutants from Municipal Solid
Waste (MSW) Landfills. The Indiana Department of Environmental
Management (IDEM) submitted the state plan on March 20, 2023. The
Indiana MSW landfill state plan was submitted to fulfill the state's
obligations under section 111(d) of the Clean Air Act (CAA) to
implement and enforce the requirements under the MSW Landfills Emission
Guidelines (EG). EPA is approving the state plan.

DATES: This final rule is effective on January 8, 2024.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2023-0283. All documents in the docket are listed on
the www.regulations.gov website. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information (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
through www.regulations.gov or at the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77 West Jackson Boulevard,
Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding Federal holidays and facility
closures due to COVID-19. We recommend that you telephone Melissa
Hulting, Clean Air Strategies Section Supervisor, at<PHONE_NUMBER>
before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Margaret Sieffert, Clean Air
Strategies Section, Air Toxics Branch (AT-18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604,<PHONE_NUMBER>, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever

``we,'' ``us,'' or ``our'' is used, we mean EPA.

I. Background

    IDEM initially submitted a MSW landfill state plan on September 30,
1999. EPA approved the state plan, and it became effective on May 30,
2000 (65 FR 1632). In order to fulfill obligations under CAA section
111(d) to submit a revised state plan to reflect amendments to the MSW
landfill EG at 40 CFR part 60, subpart Cf. IDEM submitted a revised MSW
landfill state plan on March 20, 2023, 326 Indiana Administrative Code
(IAC) 8-8.2. In this regulation, IDEM incorporated by reference the
Federal plan located at 40 CFR part 62, subpart OOO to use as the
underlying rule which implements and enforces the applicable provisions
under the MSW landfill EG.
    On July 19, 2023, EPA published a proposed approval of Indiana's
MSW landfill state plan (88 FR 46123). The specific details of
Indiana's 111(d) state plan submittal and the rationale for EPA's
proposed approval are discussed in the proposal and technical support
document and will not be restated here.

II. Response to Public Comments

    EPA provided a 30-day review and comment period for the July 19,
2023, proposed rule. The comment period ended on August 18, 2023. We
received one adverse comment. The comment is summarized and addressed
below.
    Comment: The commenter states that it is hard to determine what
steps the state is planning to take. The commentor also asserts that
the specifics of the plan need to be discussed in more detail
explaining the potential environmental impacts or benefits of the
implementation, and that the proposal does not explain what will be
expected with this approval.
    Response: After EGs are promulgated, EPA or the state and local
regulatory agencies need a Federal plan promulgated under 40 CFR part
62, or a state plan approved under 40 CFR part 62 to implement and
enforce the requirements. Under CAA section 111, EPA is authorized to
transfer primary implementation and enforcement authority for most of
the Federal standards to state or local regulatory agencies upon
submittal of a state plan. There are two methods for transferring
implementation and enforcement authorities to state or local agencies:
(1) EPA approval of a state plan; and (2) a Memorandum of Agreement
between EPA and the state which delegates the authority to implement
and enforce certain portions of the Federal plan. Both actions are
approved in the Federal Register and codified into 40 CFR part 62.
    Currently, the Federal plan located at 40 CFR part 62, subpart OOO
applies to all MSW landfills in Indiana that meet the applicability
requirements. Indiana is seeking implementation and enforcement
authority through this CAA section 111(d) state plan submittal. No
additional environmental impacts or benefits will be expected beyond
those previously described in the Regulatory Impact Analysis for the EG
which can be found in Docket ID EPA-HQ-OAR-2014-0451. The docket can be
found on the www.regulations.gov web site. Upon approval of this
delegation, Indiana becomes the primary implementation and enforcement
authority for the rule, excluding those authorities specifically
retained by EPA.

III. Final Action

    EPA is approving Indiana's MSW landfill state plan and amending 40
CFR part 62 to reflect this approval. EPA received Indiana's MSW
landfill state plan on March 20, 2023. In this action, EPA is
finalizing its approval. EPA is also revising 40 CFR part 63.3630,
62.3631, and 62.3632 to reflect these changes.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a CAA
section 111(d) submission that complies with the provisions of the CAA
and applicable Federal regulations. 42 U.S.C. 7411(d); 42 U.S.C. 7429;
40 CFR part 60, subparts B and Cf; and 40 CFR part 62, subparts A and
OOO. Thus, in reviewing CAA section 111(d) state plan submissions,
EPA's role is to approve state choices, provided that they meet the
criteria of the CAA. Accordingly, this action merely approves state law
as meeting Federal requirements and does not impose additional
requirements beyond those imposed by state law. For that reason, this
action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) 14094 (88 FR 21879, April 11, 2023);
     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); and
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA.
    In addition, the CAA 111(d) state plan is not approved to apply on
any Indian reservation land or in any other area where EPA or an Indian
tribe has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
    Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
    EPA believes that this action is not likely to change existing
disproportionate and adverse effects on people of color, low-income
populations and/or Indigenous peoples. This action approves IDEM's rule
to implement and enforce EPA's MSW landfill Federal plan that has been
in effect for MSW landfills since June 21, 2021. EPA

previously conducted an EJ analysis as part of the revised MSW landfill
regulations, and determined that the MSW Federal plan increased the
level of environmental protection for all affected populations without
having any disproportionately high and adverse human health or
environmental effects on any population, including any minority, low-
income, or indigenous populations. To the extent that any minority, low
income, or Indigenous subpopulation is disproportionately impacted by
landfill gas emissions due to the proximity of their homes to sources
of these emissions, that subpopulation also stands to see increased
environmental and health benefit from the emission reductions under the
Federal plan. The results of the demographic analysis are presented in
the EJ Screening Report for Municipal Solid Waste Landfills, July 2016,
a copy of which is available in the 2016 MSW Landfills EG Docket
(Docket ID Item No. EPA-HQ-OAR-2014-0451-0223).
    This action is subject to the Congressional Review Act, and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by February 5, 2024. 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. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 62

    Environmental protection, Air pollution control, Intergovernmental
relations, Reporting and recordkeeping requirements, Waste treatment
and disposal.

    Dated: November 21, 2023.
Debra Shore,
Regional Administrator, Region 5.

    For the reasons stated in the preamble, title 40 CFR part 62 is
amended as follows:

PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED
FACILITIES AND POLLUTANTS

0
1. The authority citation for part 62 continues to read as follows:

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

Subpart P--Indiana

0
2. Amend Sec. Sec.  63.3630, 62.3631, and 62.3632 to read as follows:
* * * * *

Sec.  62.3630  Identification of plan.

    On March 20, 2023, Indiana submitted a revised CAA section 111(d)
state plan for implementing the revised emission guidelines for
Municipal Solid Waste (MSW) Landfills. The enforceable mechanism for
this state plan is a state rule codified in 326 Indiana Administrative
Code (IAC) 8-8.2. The rule was adopted on September 14, 2022, and
became effective on March 10, 2023.

Sec.  62.3631  Identification of sources.

    The Indiana CAA section 111(d) state plan for existing MSW
landfills applies to all MSW landfills for which commenced construction
on or before July 17, 2014, and have not been modified or reconstructed
since July 17, 2014.

Sec.  62.3632  Effective Date.

    The Federal effective date of the Indiana CAA Section 111(d) state
plan for existing MSW landfills is January 8, 2024.

[FR Doc. 2023-26490 Filed 12-6-23; 8:45 am]
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19096
Federal Register/Vol. 74, No. 79 /Monday, April 27, 2009 /Notices
FOR FURTHER INFORMATION CONTACT:
Maribeth Badura, Director, Division of
Healthy Start and Perinatal Services,
Maternal and Child Health Bureau,
HRSA, Room 18–12, Parklawn Building,
5600 Fishers Lane, Rockville, Maryland
20857; telephone (301) 443–0543;
e-mail <FONT STYLE="font-size<EMAIL_ADDRESS>STYLE="font-size: 9.00pt">.
Dated: April 21, 2009.
Marcia K. Brand,
Deputy Administrator.
[FR Doc. E9–9517 Filed 4–24–09; 8:45 am]
BILLING CODE 4165–15–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA–2007–D–0430] (formerly
Docket No. 2007D–0166)
International Cooperation on
Harmonisation of Technical
Requirements for Registration of
Veterinary Medicinal Products (VICH);
Guidance for Industry on ‘‘Target
Animal Safety for Veterinary
Pharmaceutical Products,’’ VICH GL43;
Availability
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Notice.
SUMMARY:
The Food and Drug
Administration (FDA) is announcing the
availability of a guidance for industry
(#185) entitled ‘‘Target Animal Safety
for Veterinary Pharmaceutical
Products,’’ VICH GL43. The purpose of
this harmonized guidance is to provide
recommendations regarding target
animal safety (TAS) evaluation for
regulatory submission of an
Investigational Veterinary
Pharmaceutical Product (IVPP), which
is appropriate for determining the safety
of an IVPP in the target animal. The
guidance includes recommendations on
including identification of target organs,
where possible, and confirmation of
margin of safety, using the minimum
number of animals appropriate for the
studies.
DATES:
Submit written or electronic
comments on agency guidances at any
time.
ADDRESSES:
Submit written requests for
single copies of the guidance to the
Communications Staff (HFV–12), Center
for Veterinary Medicine, Food and Drug
Administration, 7519 Standish Pl.,
Rockville, MD 20855. Send one self-
addressed adhesive label to assist that
office in processing your requests.
Submit written comments on the
guidance to the Division of Dockets
Management (HFA–305), Food and Drug
Administration, 5630 Fishers Lane, rm.
1061, Rockville, MD 20852. Submit
electronic comments to http://
www.regulations.gov. See the
SUPPLEMENTARY INFORMATION
section for
electronic access to the guidance
document.
FOR FURTHER INFORMATION CONTACT:
Steven Vaughn, Center for Veterinary
Medicine, (HFV–100), Food and Drug
Administration, 7500 Standish Pl.,
Rockville, MD 20855, 240–276–8300, e-
mail: <FONT STYLE="font-size<EMAIL_ADDRESS>STYLE="font-size: 9.00pt">.
SUPPLEMENTARY INFORMATION:
I. Background
In recent years, many important
initiatives have been undertaken by
regulatory authorities and industry
associations to promote the
international harmonization of
regulatory requirements. FDA has
participated in efforts to enhance
harmonization and has expressed its
commitment to seek scientifically based
harmonized technical procedures for the
development of pharmaceutical
products. One of the goals of
harmonization is to identify and then
reduce differences in technical
requirements for drug development
among regulatory agencies in different
countries.
FDA has actively participated in the
International Conference on
Harmonisation of Technical
Requirements for Approval of
Pharmaceuticals for Human Use (VICH)
for several years to develop harmonized
technical requirements for the approval
of human pharmaceutical and biological
products among the European Union,
Japan, and the United States. The VICH
is a parallel initiative for veterinary
medicinal products. The VICH is
concerned with developing harmonized
technical requirements for the approval
of veterinary medicinal products in the
European Union, Japan, and the United
States, and includes input from both
regulatory and industry representatives.
The VICH Steering Committee is
composed of member representatives
from the European Commission,
European Medicines Evaluation Agency,
European Federation of Animal Health,
Committee on Veterinary Medicinal
Products, the U.S. FDA, the U.S.
Department of Agriculture, the Animal
Health Institute, the Japanese Veterinary
Pharmaceutical Association, the
Japanese Association of Veterinary
Biologics, and the Japanese Ministry of
Agriculture, Forestry and Fisheries.
Four observers are eligible to
participate in the VICH Steering
Committee: One representative from the
government of Australia/New Zealand,
one representative from the industry in
Australia/New Zealand, one
representative from the government of
Canada, and one representative from the
industry of Canada. The VICH
Secretariat, which coordinates the
preparation of documentation, is
provided by the International
Federation for Animal Health (IFAH).
An IFAH representative also
participates in the VICH Steering
Committee meetings.
II. Guidance on Target Animal Safety
for Veterinary Pharmaceutical Products
In the Federal Register of May 18,
2007 (72 FR 28058), FDA published the
notice of availability for a draft guidance
entitled ‘‘Draft Guidance for Industry on
Target Animal Safety for Veterinary
Pharmaceutical Products,’’ which gave
interested persons until June 18, 2007,
to comment on the draft guidance. FDA
received a few comments on the draft
guidance and those comments as well as
those received by other VICH member
regulatory agencies were considered as
the guidance was finalized. Based on
the comments received, the VICH Expert
Working Group on Target Animal Safety
clarified the guidance’s
recommendations regarding the
development and conduct of TAS
studies. In particular, the Expert
Working Group revised the sections
addressing necropsy and histopathology
examinations and mammary gland
studies to clarify the recommendations
regarding these topics. At a meeting
held in July 2008, the VICH Steering
Committee endorsed the final guidance
for industry, (VICH GL43). The guidance
announced in this notice finalizes the
draft guidance dated May 18, 2007.
This guidance document is intended
to cover TAS evaluation for any IVPP
used in the following species: Bovine,
ovine, caprine, feline, canine, porcine,
equine, and poultry (chickens and
turkeys). The recommendations in this
guidance may not be appropriate for
registration by national or regional
authorities of products for use in minor
species or minor uses. The guidance
does not provide information for the
design of TAS studies in other species,
including aquatic animals. For other
species and for minor uses, TAS studies
should be designed following national
or regional guidance.
III. Significance of Guidance
This guidance document, developed
under the VICH process, has been
revised to conform to FDA’s good
guidance practices regulation (21 CFR
10.115). For example, the document has
been designated ‘‘guidance’’ rather than
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19097
Federal Register/Vol. 74, No. 79 /Monday, April 27, 2009 /Notices
‘‘guideline.’’ In addition, guidance
documents must not include mandatory
language such as ‘‘shall,’’ ‘‘must,’’
‘‘require,’’ or ‘‘requirement,’’ unless
FDA is using these words to describe a
statutory or regulatory requirement. The
guidance represents agency’s current
thinking on the topic. 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 applicable statutes and
regulations.
IV. Paperwork Reduction Act of 1995
This guidance refers to previously
approved collections of information
found in FDA regulations. These
collections of information 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
sections 1–5 of the guidance have been
approved under OMB control no. 0910–
0032 (expiration date April 30, 2010).
V. Comments
Interested persons may submit to the
Division of Dockets Management (see
ADDRESSES
) written or electronic
comments regarding this document.
Submit a single copy of electronic
comments or two paper copies of any
mailed comments, except that
individuals may submit one paper copy.
Comments are to be identified 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.
VI. Electronic Access
Persons with access to the Internet
may obtain the guidance at either http://
www.fda.gov/cvm or http://
www.regulations.gov.
Dated: April 20, 2009.
Jeffrey Shuren,
Associate Commissioner for Policy and
Planning.
[FR Doc. E9–9521 Filed 4–24–09; 8:45 am]
BILLING CODE 4160–01–S
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Disease Control and
Prevention
National Center for Injury Prevention
and Control, Initial Review Group,
(NCIPC, IRG)
In accordance with section 10(a)(2) of
the Federal Advisory Committee Act
(Pub. L. 92–463), CDC announces the
following meeting of the
aforementioned review group:
Times and Dates:
8 a.m.–8:15 a.m., April 27, 2009 (Open).
8:15 a.m.–4 p.m., April 27, 2009 (Closed).
Place: Teleconference, Toll Free Number:
(877) 468–4185, Participant Pass code: 447–
5689.
Status: Portions of the meetings will be
closed to the public in accordance with
provisions set forth in Section 552b(c)(4) and
(6), Title 5, U.S.C., and the Determination of
the Director, Management Analysis and
Services Office, CDC, pursuant to Section
10(d) of Public Law 92–463.
Purpose: This group is charged with
providing advice and guidance to the
Secretary, Department of Health and Human
Services, and the Director, CDC, concerning
the scientific and technical merit of grant and
cooperative agreement applications received
from academic institutions and other public
and private profit and nonprofit
organizations, including State and local
government agencies, to conduct specific
injury research that focuses on prevention
and control.
Matters To Be Discussed: The meeting will
include the review, discussion, and
evaluation of applications submitted in
response to Fiscal Year 2009 Requests for
Applications related to the following
individual research announcement: CE09–
009, Youth Violence Prevention through
Economic, Environmental, and Policy
Change (U01).
Agenda items are subject to change as
priorities dictate.
Due to programmatic issues that had to be
resolved, the Federal Register notice is being
published less than fifteen days before the
date of the meeting.
Contact Person for More Information: Lisa
T. Garbarino, B.S., NCIPC, Extramural
Research Program Office, CDC, 4770 Buford
Highway, NE., M/S F62, Atlanta, Georgia
30341–3724, Telephone: (404) 723–1527.
The Director, Management Analysis and
Services Office has been delegated the
authority to sign Federal Register notices
pertaining to announcements of meetings and
other committee management activities for
both CDC and the Agency for Toxic
Substances and Disease Registry.
Dated: April 21, 2009.
Elaine L. Baker,
Director, Management Analysis and Services
Office, Centers for Disease Control and
Prevention.
[FR Doc. E9–9503 Filed 4–24–09; 8:45 am]
BILLING CODE 4163–18–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA–2009–N–0664]
Computational Modeling for
Cardiovascular Devices; Public
Workshop
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Notice of public workshop.
The Food and Drug Administration
(FDA) is announcing a public workshop
entitled ‘‘Computational Modeling for
Cardiovascular Devices.’’ FDA is co-
sponsoring the conference with the
National Heart, Blood and Lung
Institute of the National Institutes of
Health and the National Science
Foundation. The purpose of the public
workshop is to facilitate discussion
among FDA and other interested parties
on the use of computational modeling in
the design, development, and evaluation
of cardiovascular medical devices.
Date and Time: The public workshop
will be held on June 1 and 2, 2009, from
8 a.m. to 5 p.m.
Location: The public workshop will
be held at the Hilton Washington DC/
Rockville Executive Meeting Center,
1750 Rockville Pike, Rockville, MD
20852.
Contact Person: Donna R. Lochner,
Center for Devices and Radiological
Health (HFZ–450), Food and Drug
Administration, 9200 Corporate Blvd.,
Rockville, MD 20850, 240–276–4043, e-
mail: <FONT STYLE="font-size<EMAIL_ADDRESS>STYLE="font-size: 9.00pt">.
SUPPLEMENTARY INFORMATION:
I. Why Are We Holding This Public
Workshop?
The purpose of the public workshop
is to facilitate discussion among FDA
and other interested parties on the use
of computational modeling in
cardiovascular device design,
development, and evaluation.
II. What Are the Topics We Intend to
Address at the Public Workshop?
We hope to discuss a large number of
issues at the public workshop,
including, but not limited to:
•
Multi-scale modeling.
•
Imaging for cardiovascular device
modeling.
•
Physiologic input data for
cardiovascular device modeling.
•
Device-specific issues related to
modeling, including a focus on heart
valves, drug-eluting and bare metal
stents, endovascular stents, cardiac
rhythm management, and mechanical
and circulatory support devices.
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