[Federal Register Volume 77, Number 127 (Monday, July 2, 2012)]
[Proposed Rules]
[Pages 39206-39207]
[FR Doc No: 2012-16174]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. NHTSA-2012-0065]

Public Hearing on Proposed Rule for Heavy Vehicle Electronic
Stability Control Systems

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Announcement of public hearing.

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SUMMARY: On May 23, 2012, NHTSA published a notice of proposed
rulemaking (NPRM) to require the installation of electronic stability
control (ESC) systems on truck tractors and large buses. NHTSA is
announcing a public hearing to provide an opportunity for the public to
present oral testimony regarding the proposal. The oral testimony
provided at the public hearing will be transcribed and placed in the
docket for this rulemaking.

DATES: NHTSA will hold a public hearing on July 24, 2012, at the U.S.
Department of Transportation headquarters building in Washington, DC.
The hearing will start at 10 a.m. and continue until 1 p.m., local
time. If necessary to accommodate a large number of presenters, the
hearing may continue beyond 2 p.m. as determined by the presiding
official at the hearing. If you would like to present oral testimony at
the public hearing, or attend the public hearing as an observer, please
contact the person identified under FOR FURTHER INFORMATION CONTACT at
least ten days before the hearing. Depending on the available space,
registration for persons attending the public hearing as observers may
be accepted after that date.

ADDRESSES: The July 24, 2012 public hearing will be held at the U.S.
Department of Transportation, West Building Ground Floor, Media
Center--Room W11-130, 1200 New Jersey Avenue SE., Washington, DC
20590.\1\

The hearing site is accessible to individuals with disabilities.
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    \1\ For electronic mapping and navigation, use the local area
zip code of 20003.

FOR FURTHER INFORMATION CONTACT: If you would like to present oral
testimony at the public hearing, please contact Christopher Morris,
Office of Rulemaking, by email at<EMAIL_ADDRESS>telephone
at<PHONE_NUMBER>, or fax at<PHONE_NUMBER>. Please contact Mr. Morris
at least ten days before the hearing date of July 24, 2012. Please
provide the following information: Name, affiliation, address, email
address and telephone number; indicate whether you are a U.S. citizen;
and indicate if you require accommodations such as a sign language
interpreter or translator. For technical issues regarding the agency's
NPRM, you may contact Jeffrey Woods, Office of Crash Avoidance
Standards, by telephone at<PHONE_NUMBER>, or fax at<PHONE_NUMBER>.
For legal issues, you may contact David Jasinski, Office of the Chief
Counsel, by telephone at<PHONE_NUMBER>, or fax at<PHONE_NUMBER>. You
may send mail to both of these officials at the National Highway
Traffic Safety Administration, 1200 New Jersey Avenue SE., Washington,
DC 20590. You may learn more about the NPRM by searching the public
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docket (NHTSA-2012-0065) at www.regulations.gov.

SUPPLEMENTARY INFORMATION: On May 23, 2012, the agency published a
notice of proposed rulemaking to establish a new standard, Federal
Motor Vehicle Safety Standard No. 136, Electronic Stability Control
Systems for Heavy Vehicles (77 FR 30766). The standard would require
truck tractors, and certain large buses with a gross vehicle weight
rating of greater than 11,793 kilograms (26,000 pounds), to be equipped
with an electronic stability control (ESC) system that meets the
equipment and performance requirements of the proposed standard. Heavy
vehicle ESC systems use engine torque control and computer-controlled
braking of individual wheels to assist the driver in maintaining
control of the vehicle in situations in which the vehicle is becoming
roll unstable (such as excessive speed in a curve) or is experiencing a
loss of control (the vehicle deviates from the driver's intended path
due to oversteer or understeer).
    The five major topics that are discussed in the NPRM include:
     The size of the safety problem related to truck tractor
and large bus ESC systems
     How electronic stability control systems work to prevent
rollover and loss of control
     The research and testing that were separately conducted by
NHTSA and the industry to evaluate the potential safety benefits of ESC
and to develop dynamic vehicle test maneuvers to evaluate ESC
performance
     The specifics of the agency's proposal, including ESC
equipment and performance criteria, vehicle compliance testing
requirements, and the implementation schedule
     The benefits and costs of the proposal, as described in
the NPRM and in the agency's Preliminary Regulatory Impact Analysis
that is included in the docket.
    Public Hearing Procedures. The public hearing provides a forum for
the public to present oral testimony regarding the agency's proposal
for heavy vehicle ESC. For planning purposes, each speaker should
anticipate speaking for approximately ten minutes, although we may need
to shorten that time if there is a large number of people wishing to
make presentations. Once we learn how many people have registered to
speak at the hearing, we will allocate an appropriate amount of time to
each participant, allowing time for necessary breaks. In addition, we
will reserve a block of time for anyone else in the audience who wishes
to give an oral presentation.
    We request that you bring three copies of your statement or other
material to the hearing for the NHTSA panel. To accommodate as many
speakers as possible, we prefer that speakers who are using audio-
visual aids or computer slideshows either provide those materials in
advance of the meeting or make other arrangements to facilitate set-up,
by notifying the contact person in the FOR FURTHER INFORMATION CONTACT
section above.
    NHTSA will conduct the hearing informally. Thus, technical rules of
evidence will not apply. We will arrange for a written transcript of
the hearing, and you may make arrangements to receive a copy of the
transcript directly from the court reporter at the hearing. Presenters
wishing to provide supplementary information should submit it to the
address given above for written comments by the August 21, 2012
deadline for those comments. There will be a panel of agency officials
who may ask clarifying questions during the oral presentations, but the
panel will not respond to the presentations at that time. Written
statements and supporting information submitted during the comment
period will be considered with the same weight as oral comments and
supporting information presented at the public hearing.
    For security purposes, government-issued photo identification is
required to enter the Department of Transportation building. Non-U.S.
citizens will be required to show passports. To allow sufficient time
to clear security and enter the building, NHTSA recommends that hearing
participants arrive 30 to 60 minutes prior to the start of the event.
    Written Comments: As announced in the NPRM, to be assured of
consideration your written comments on the proposal must be received by
August 21, 2012. You may submit comments on the agency's proposal to
Docket No. NHTSA-2012-0065, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Mail: Docket Management Facility: U.S. Department of
Transportation, 1200 New Jersey Avenue SE., Docket Operations M-30,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: 1200 New Jersey Avenue SE.,
Docket Operations M-30, Room W12-140, Washington, DC 20590, between 9
a.m. and 5 p.m. ET, Monday through Friday, except Federal Holidays.
     Fax:<PHONE_NUMBER>.
    Note that all comments will be posted without change to http://www.regulations.gov. Please ensure that your comments include the
docket number in the subject line or heading.

    Issued: June 26, 2012.
Christopher J. Bonanti,
Associate Administrator for Rulemaking.
[FR Doc. 2012-16174 Filed 6-29-12; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register Volume 79, Number 41 (Monday, March 3, 2014)]
[Rules and Regulations]
[Pages 11704-11706]
[FR Doc No: 2014-04294]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 30942; Amdt. No. 3576]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This rule amends, suspends, or revokes Standard Instrument
Approach Procedures (SIAPs) and associated Takeoff Minimums and
Obstacle Departure Procedures for operations at certain airports. These
regulatory actions are needed because of the adoption of new or revised
criteria, or because of changes occurring in the National Airspace
System, such as the commissioning of new navigational facilities,
adding new obstacles, or changing air traffic requirements. These
changes are designed to provide safe and efficient use of the navigable
airspace and to promote safe flight operations under instrument flight
rules at the affected airports.

DATES: This rule is effective March 3, 2014. The compliance date for
each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of March 3, 2014.

ADDRESSES: Availability of matter incorporated by reference in the
amendment is as follows:
    For Examination--
    1. FAA Rules Docket, FAA Headquarters Building, 800 Independence
Avenue SW., Washington, DC 20591;
    2. The FAA Regional Office of the region in which the affected
airport is located;
    3. The National Flight Procedures Office, 6500 South MacArthur
Blvd., Oklahoma City, OK 73169 or,
    4. The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    Availability_All SIAPs are available online free of charge. Visit
nfdc.faa.gov to register. Additionally, individual

SIAP and Takeoff Minimums and ODP copies may be obtained from:
    1. FAA Public Inquiry Center (APA-200), FAA Headquarters Building,
800 Independence Avenue SW., Washington, DC 20591; or
    2. The FAA Regional Office of the region in which the affected
airport is located.

FOR FURTHER INFORMATION CONTACT: Richard A. Dunham III, Flight
Procedure Standards Branch (AFS-420) Flight Technologies and Programs
Division, Flight Standards Service, Federal Aviation Administration,
Mike Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma
City, OK 73169 (Mail Address: P.O. Box 25082 Oklahoma City, OK 73125)
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends Title 14, Code of Federal
Regulations, Part 97 (14 CFR part 97) by amending the referenced SIAPs.
The complete regulatory description of each SIAP is listed on the
appropriate FAA Form 8260, as modified by the National Flight Data
Center (FDC)/Permanent Notice to Airmen (P-NOTAM), and is incorporated
by reference in the amendment under 5 U.S.C. 552(a), 1 CFR part 51, and
Sec.  97.20 of Title 14 of the Code of Federal Regulations.
    The large number of SIAPs, their complex nature, and the need for a
special format make their verbatim publication in the Federal Register
expensive and impractical. Further, airmen do not use the regulatory
text of the SIAPs, but refer to their graphic depiction on charts
printed by publishers of aeronautical materials. Thus, the advantages
of incorporation by reference are realized and publication of the
complete description of each SIAP contained in FAA form documents is
unnecessary. This amendment provides the affected CFR sections and
specifies the types of SIAP and the corresponding effective dates. This
amendment also identifies the airport and its location, the procedure
and the amendment number.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP as amended in the transmittal. For safety and
timeliness of change considerations, this amendment incorporates only
specific changes contained for each SIAP as modified by FDC/P-NOTAMs.
    The SIAPs, as modified by FDC P-NOTAM, and contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these changes to
SIAPs, the TERPS criteria were applied only to specific conditions
existing at the affected airports. All SIAP amendments in this rule
have been previously issued by the FAA in a FDC NOTAM as an emergency
action of immediate flight safety relating directly to published
aeronautical charts. The circumstances which created the need for all
these SIAP amendments requires making them effective in less than 30
days.
    Because of the close and immediate relationship between these SIAPs
and safety in air commerce, I find that notice and public procedure
before adopting these SIAPs are impracticable and contrary to the
public interest and, where applicable, that good cause exists for
making these SIAPs effective in less than 30 days.

Conclusion

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore-- (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air Traffic Control, Airports, Incorporation by reference,
Navigation (air).

    Issued in Washington, DC, on January 17, 2014.
John Duncan,
Director, Flight Standards Service.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, Title 14,
Code of Federal regulations, Part 97, 14 CFR part 97, is amended by
amending Standard Instrument Approach Procedures, effective at 0901 UTC
on the dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120,
44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:

Sec. Sec.  97.23, 97.25, 97.27, 97.29, 97.31, 97.33, 97.35  [Amended]

    By amending: Sec.  97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or
TACAN; Sec.  97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; Sec.
97.27 NDB, NDB/DME; Sec.  97.29 ILS, ILS/DME, MLS, MLS/DME, MLS/RNAV;
Sec.  97.31 RADAR SIAPs; Sec.  97.33 RNAV SIAPs; and Sec.  97.35 COPTER
SIAPs, Identified as follows:

* * * Effective Upon Publication

--------------------------------------------------------------------------------------------------------------------------------------------------------
      AIRAC date            State               City               Airport          FDC No.      FDC Date                      Subject
--------------------------------------------------------------------------------------------------------------------------------------------------------
3/6/2014.............  OK               Tulsa..............  Tulsa Intl.........       3/0440     01/14/14  ILS OR LOC RWY 36R, Amdt 29C.
3/6/2014.............  IL               Chicago............  Chicago O'Hare Intl       3/0892     01/14/14  ILS OR LOC RWY 9L, ILS RWY 9L (SA CAT I),
                                                                                ILS RWY 9L (CAT II), ILS RWY 9L (CAT III),
                                                                                Amdt 2A.
3/6/2014.............  OH               Youngstown.........  Youngstown Elser          3/0947     01/14/14  RNAV (GPS) RWY 10, Orig.
                                                              Metro.
3/6/2014.............  OH               Youngstown.........  Youngstown Elser          3/0948     01/14/14  RNAV (GPS) RWY 28, Orig.
                                                              Metro.
3/6/2014.............  OH               Youngstown.........  Youngstown Elser          3/0956     01/14/14  VOR C, Amdt 2.
                                                              Metro.
3/6/2014.............  NE               Scribner...........  Scribner State.....       3/5321     01/14/14  VOR RWY 35, Amdt 2A.
3/6/2014.............  IN               Angola.............  Tri-State Steuben         3/6067     01/14/14  RNAV (GPS) RWY 23, Orig.
                                                              County.
3/6/2014.............  MI               Travese City.......  Cherry Capital.....       3/6068     01/14/14  ILS OR LOC RWY 28, Amdt 14.
3/6/2014.............  UT               Blanding...........  Blanding Muni......       3/6365     01/14/14  RNAV (GPS) RWY 35, Amdt 2.
3/6/2014.............  SD               Martin.............  Martin Muni........       3/8803     01/14/14  GPS RWY 32, Orig-A.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 2014-04294 Filed 2-28-14; 8:45 am]
BILLING CODE 4910-13-P


	ENVIRONMENTAL PROTECTION AGENCY

	40 CFR Part 52

	EPA-R03-OAR-2007-1146; FRL-       ]

	Approval and Promulgation of Air Quality Implementation Plans;

	West Virginia; Transportation Conformity Requirements

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Proposed rule.

SUMMARY:  EPA proposes to approve the State Implementation Plan (SIP)
revision submitted by West Virginia for Transportation Conformity
Requirements.  In the Final Rules section of this Federal Register, EPA
is approving the State's SIP submittal as a direct final rule without
prior proposal because the Agency views this as a noncontroversial
submittal and anticipates no adverse comments.  A detailed rationale for
the approval is set forth in the direct final rule.  If no adverse
comments are received in response to this action, no further activity is
contemplated.  If EPA receives adverse comments, the direct final rule
will be withdrawn and all public comments received will be addressed in
a subsequent final rule based on this proposed rule.  EPA will not
institute a second comment period.  Any parties interested in commenting
on this action should do so at this time.

DATES:  Comments must be received in writing by [insert date 30 days
from date of

publication.]

ADDRESSES:  Submit your comments, identified by Docket ID Number
EPA-R03-OAR-2007-1046 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-2007-1146, Carol Febbo, Chief, Energy, Radiation
and Indoor Environment, 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-2007-1146.  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 website is an Aanonymous 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 West Virginia Department of Environmental
Protection, Division of Air Quality, 601 57th Street SE, Charleston, WV
25304.

FOR FURTHER INFORMATION CONTACT: Martin Kotsch,<PHONE_NUMBER>, or by
e-mail at<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

For further information, please see the information provided in the
direct final action, with the same title, that is located in the ARules
and Regulations@ section of this Federal Register publication.

April 15,2008
\\s\\

Dated:                                				William T.Wisniewski,

                                      				Acting Regional Administrator,

                                      				Region III.

 PAGE

 PAGE   4


[Federal Register Volume 82, Number 54 (Wednesday, March 22, 2017)]
[Notices]
[Pages 14781-14785]
[FR Doc No: 2017-05606]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80260; File No. SR-NSCC-2017-001]

Self-Regulatory Organizations; National Securities Clearing
Corporation; Notice of Filing of a Proposed Rule Change To Describe the
Illiquid Charge That May Be Imposed on Members

March 16, 2017.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of
1934, as amended (``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is
hereby given that on March 13, 2017, National Securities Clearing
Corporation (``NSCC'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I and II below, which Items have been prepared by the clearing
agency. The Commission is publishing this notice to solicit comments on
the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change

    The proposed rule change consists of amendments to NSCC's Rules &
Procedures (``Rules'') \3\ in order to provide transparency in the
Rules with respect to an existing margin charge described below
(``Illiquid Charge'') and to codify NSCC's current practices with
respect to the assessment and collection of the Illiquid Charge. The
Illiquid Charge is currently imposed on Members' Net Unsettled
Positions in certain securities that are not traded on or subject to
the rules of an exchange and that exceed applicable volume thresholds,
when all conditions to the application of the charge, described below,
are met. Such securities, to be defined in the Rules as ``Illiquid
Securities,'' lack marketability, based on insufficient access to a
trading venue, and may have low and volatile share prices. Therefore,
the Illiquid Charge is designed to mitigate the risk that NSCC may face
when liquidating Illiquid Securities following a Member default and
such liquidation is difficult or delayed due to a lack of interest in a
particular Illiquid Security or limitations on the share price of the
Illiquid Security.
---------------------------------------------------------------------------

    \3\ Capitalized terms used herein and not otherwise defined
herein are defined in the Rules, available at www.dtcc.com/~/media/
Files/Downloads/legal/rules/nscc_rules.pdf.

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

    In order to provide transparency in the Rules with respect to the
existing Illiquid Charge, and to codify NSCC's existing practices with
respect to the charge, NSCC is proposing to amend (i) Rule 1
(Definitions and Descriptions) to add certain defined terms associated
with the Illiquid Charge, and (ii) Procedure XV (Clearing Fund Formula
and Other Matters) to clarify the circumstances and manner in which
NSCC calculates and imposes the Illiquid Charge. The proposed rule
change also would make a technical change to Procedure XV to define the
``Market Maker Domination Charge,'' to create additional clarity and
ease of reference in the Rules, as further described below.

II. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

    In its filing with the Commission, the clearing agency 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. The clearing agency has prepared summaries,
set forth in sections A, B, and C below, of the most significant
aspects of such statements.

(A) Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

1. Purpose
    The proposed rule change would provide transparency in the Rules
with respect to the existing Illiquid Charge, which NSCC currently may
impose on Members,\4\ as part of each Member's Required Deposit to the
NSCC Clearing Fund when all conditions to the application of the
charge, described below, are met. NSCC imposes the Illiquid Charge on
Members with Net Unsettled Positions in Illiquid Securities, defined
below, that exceed applicable volume thresholds. The Illiquid Charge is
designed to mitigate the additional risk presented to NSCC resulting
from these securities' lack of marketability and/or insufficient access
to a trading venue. The Illiquid Charge is charged in addition to, and
separately from, an existing haircut margin charge that NSCC may also
currently impose on positions in classes of securities that are less
amenable to statistical analysis, which include Illiquid Securities.\5\
When all conditions to the application of the Illiquid Charge are met,
the charge is applied as part of a Member's start of day Required
Deposit, which is due each business day.
---------------------------------------------------------------------------

    \4\ The Illiquid Charge is currently imposed pursuant to
Procedure XV, Sections (I)(A)(1)(e) and I.(A)(2)(d). Id.
    \5\ The haircut margin charge of the Clearing Fund formula for
CNS trades and Balance Order trades is described in Procedure XV,
Sections I.(A)(1)(a)(ii) and I.(A)(2)(a)(ii), respectively. Supra
note 3.
---------------------------------------------------------------------------

1. The Required Deposit and the Illiquid Charge
    NSCC uses a risk-based margin methodology to assess Required
Deposits from all Members. The Required Deposit is composed of a number
of risk-based component charges (as margin), including the Illiquid
Charge, which are calculated and assessed daily. The objective of the
Required Deposit is to mitigate potential losses to NSCC associated
with the liquidation of the Member's portfolio if NSCC ceases to act
for a Member (hereinafter referred to as a ``default''). NSCC considers
a number of risks when evaluating the effectiveness of its margining
methodology.
    NSCC is presented with certain risks when it clears and settles
larger volumes of its Members' Net Unsettled Positions in securities
that are generally considered illiquid. In order to add further clarity
to its Rules, NSCC is proposing to define ``Illiquid Security'' in Rule
1 (Definitions) as a security, other than a family-issued security,\6\
that is either (i) not traded on or subject to the rules of a national
securities exchange registered under the Act; or (ii) is an OTC
Bulletin Board or OTC Link issue.
---------------------------------------------------------------------------

    \6\ ``Family issued securities'' are defined in Procedure XV,
Section I.(B). Supra note 3.
---------------------------------------------------------------------------

    Because Illiquid Securities are not traded on or subject to the
rules of any exchange, these securities have limited access to a
trading venue, lack marketability, and may have low or volatile share
prices. Therefore, net sell positions in Illiquid Securities present
NSCC with a risk that liquidation of positions in these securities may
be difficult or delayed, increasing NSCC's exposure, and this risk is
greater when a Member's portfolio contains larger volumes of Illiquid
Securities, which could contribute to a prolonged or impaired
liquidation. Additionally, net buy positions in Illiquid Securities
that have a share price below a penny pose specific risks to NSCC,
described below.
    In order to address the risks presented by larger volumes of Net
Unsettled Positions in Illiquid Securities, NSCC currently calculates
and collects the Illiquid Charge. The Illiquid Charge is a component of
the Required Deposit and, as described in greater detail below, is
calculated to address these risks.
    The Illiquid Charge is charged in addition to and separate from a
haircut charge that NSCC also currently applies to Illiquid Securities
that are traded over-the-counter. The Rules currently permit it to
collect a margin charge calculated as a haircut of at least 10 percent
of the absolute value of Net Unsettled Positions in classes of
securities whose volatility is less amenable to statistical analysis,
which include, but are not limited to, Illiquid Securities.\7\ This
haircut is designed to cover the uncertain effect of market price
volatility on portfolios that contain Illiquid Securities that are
traded over-the-counter. However, because the haircut is a flat charge
(calculated as a percentage of the absolute value of such positions),
it does not completely address the lack of liquidity and marketability
that are characteristic of Illiquid Securities. As such, the haircut
charge on its own may not fully mitigate all of the risks presented by
positions in these securities. Therefore, to account for the difference
between the risk coverage provided by the haircut charge, which
primarily addresses market price volatility of Illiquid Securities, and
the remaining risk presented by such securities, including their lack
of liquidity and marketability, NSCC also applies the Illiquid Charge.
---------------------------------------------------------------------------

    \7\ Supra note 5.
---------------------------------------------------------------------------

    This proposed rule change would amend the Rules to add transparency
with respect to the existing Illiquid Charge and, in doing so, would
codify NSCC's current practices with respect to the calculation and
collection of the this margin charge.
    The volume thresholds that must be met in order for the charge to
be applied, the methodology for calculating the Illiquid Charge, and
the exceptions to and application of the Illiquid Charge are each
described below.\8\
---------------------------------------------------------------------------

    \8\ The methodology for calculating the Illiquid Charge has been
effective for many years. NSCC evaluates the effectiveness of this
methodology as part of its regular review of its margin calculations
and any future changes would be subject to a separate proposed rule
change pursuant to Section 19(b)(1) of the Act, and the rules
thereunder, and advance notice pursuant to Section 806(e)(1) of
Title VIII of the Dodd-Frank Wall Street Reform and Consumer
Protection Act entitled the Payment, Clearing, and Settlement
Supervision Act of 2010, and the rules thereunder. 15 U.S.C.
78s(b)(1); 12 U.S.C. 5465(e)(1).
---------------------------------------------------------------------------

2. Net Buy Illiquid Positions and Net Sell Illiquid Positions
    Subject to the exceptions to the Illiquid Charge, described later
in this filing, NSCC calculates an Illiquid

Charge for each ``Illiquid Position.'' The term ``Illiquid Position''
means a Net Unsettled Position in an Illiquid Security that exceeds
applicable volume thresholds, as described below. For NSCC Members that
transact in Illiquid Positions, NSCC applies different volume
thresholds and Illiquid Charge calculation methods for net buy Illiquid
Positions or net sell Illiquid Positions, in order to address the
different risk profiles of these positions.\9\
---------------------------------------------------------------------------

    \9\ In the event of a Member default, NSCC would complete the
liquidation of an Illiquid Position by buying or selling that
position into the market. The different risk profiles of net buy
positions and net sell positions are based on, in part, the
difference in the potential responsiveness of prices change to
quantity that may occur when NSCC is liquidating a net buy position
in an Illiquid Security, compared to when it is liquidating a net
sell position in an Illiquid Security.
---------------------------------------------------------------------------

a. Net Buy Illiquid Positions
    The Illiquid Charge only applies to a Member's net buy position in
Illiquid Securities with a share price below one cent that meets the
applicable volume threshold, as described below, such that it is an
Illiquid Position.
    NSCC assesses the Illiquid Charge on a Member's net buy position if
that position meets a volume threshold of greater than 100 million
shares for a Member with a rating on NSCC's credit risk matrix (``CRRM
rating'') \10\ of 1-4, and a volume threshold of greater than 10
million shares for a Member with a CRRM rating of 5-7. A Member with a
stronger CRRM rating would be assessed an Illiquid Charge on net buy
Illiquid Positions at a higher volume threshold because NSCC believes
these Members pose a lower risk of default.\11\
---------------------------------------------------------------------------

    \10\ See Rule 2B, Section 4, supra note 3. The credit risk
matrix applies a 7-point rating system, with ``1'' being the
strongest rating and ``7'' being the weakest rating. Members with a
weaker CRRM rating present a heightened credit risk to NSCC or have
demonstrated a higher risk related to their ability to meet
settlement. Members that are not rated by the credit risk matrix are
not subject to the Illiquid Charge.
    \11\ Id.
---------------------------------------------------------------------------

    If the volume threshold is met, the net buy position in Illiquid
Securities is an Illiquid Position and is subject to the Illiquid
Charge. The Illiquid Charge only applies to net buy Illiquid Positions
in Illiquid Securities with a share price below one cent. If a
transaction in any security, including an Illiquid Security, with a
share price below one cent is entered into NSCC's Continuous Net
Settlement system or Balance Order Accounting Operation, NSCC rounds up
the price of the security to one cent. Therefore, when a Member holds a
buy position in a sub-penny security, NSCC records the position's value
at a higher price than the actual per share price of the position. The
difference may reduce the Member's Required Deposit, particularly for a
large quantity of buy positions in a sub-penny security.
    To address this risk, NSCC calculates the Illiquid Charge for net
buy Illiquid Positions by multiplying the aggregate quantity of shares
in such positions by one cent. NSCC assesses and collects the resulting
amounts as the Illiquid Charge component of affected Members' Required
Deposit.
b. Net Sell Illiquid Positions
    The Illiquid Charge only applies to a Member's net sell position in
Illiquid Securities if that position meets the applicable volume
threshold, as described below, such that it is an Illiquid Position.
    When determining if the volume thresholds for net sell positions in
Illiquid Securities apply, NSCC first offsets the quantity of shares in
a Member's sell position against the number of shares of the same
Illiquid Security held by the Member at The Depository Trust Company
(``DTC inventory offset''). Consequently, a Member could fall below the
applicable volume thresholds after this offset, and therefore, would
not be subject to the Illiquid Charge. The DTC inventory offset is not
applied to Members with the weakest CRRM rating.\12\
---------------------------------------------------------------------------

    \12\ Id.
---------------------------------------------------------------------------

    Therefore, subject to the DTC inventory offset, if applicable, NSCC
assesses the Illiquid Charge on a Member's net sell position if that
position meets a volume threshold that is based on the percentage of
the average daily volume (``ADV'') \13\ of the position in Illiquid
Securities, that Member's CRRM rating, and, in some cases, that
Member's excess net capital (``ENC'').
---------------------------------------------------------------------------

    \13\ ``ADV'' is the average daily volume over the most recent
twenty business days as determined by NSCC.
---------------------------------------------------------------------------

    The volume threshold is 1 million shares for Members with a CRRM
rating between 1-4, when the net sell position in Illiquid Securities
represents more than or equal to 25 percent of the ADV. The volume
threshold is 500,000 shares for Members with a CRRM rating between 5-7,
when the net sell position in Illiquid Securities represents more than
or equal to 25 percent of the ADV and the Member's ENC is greater than
$10 million. The volume threshold is 100,000 shares for Members with a
CRRM rating between 5-7, when the net sell position in Illiquid
Securities represents more than or equal to 25 percent of the ADV and
the Member's ENC is less than or equal to $10 million.
    If the volume threshold is met, the net sell position in Illiquid
Securities is an Illiquid Position and is subject to the Illiquid
Charge. To calculate the Illiquid Charge for net sell Illiquid
Positions, NSCC considers (a) the Current Market Price \14\ of the
subject Illiquid Security and (b) the quantity of shares in such
position compared to the ADV of that Illiquid Security, as set forth
below. Additionally, the Illiquid Charge is substituted by minimum
price per share if certain conditions are met, as described below.
---------------------------------------------------------------------------

    \14\ The term ``Current Market Price'' is defined in Rule 1.
Supra note 3.
---------------------------------------------------------------------------

    (A) If the Illiquid Position has a Current Market Price equal to or
below $1.00, NSCC calculates the Illiquid Charge as the product of the
aggregate quantity of shares in the Illiquid Position and either (i)
the highest market price of the Illiquid Security during the preceding
20 trading days (``One Month High Price'') \15\ or (ii) the Current
Market Price of the Illiquid Security multiplied by a factor between 2
and 10, depending on the market price.\16\
---------------------------------------------------------------------------

    \15\ The ``One Month High Price'' means the highest of all NSCC
observed market prices over the most recent 20 trading day period
for purposes of the Illiquid Charge.
    \16\ Generally, the factor applied would be 10 where the market
price is less than $0.10; the factor applied would be 5 where the
market price is between $0.10 and $0.20; the factor applied would be
2 where the market price is between $0.20 and $1.00. Where the
market price is greater than $1.00, a $0.50 price increment is
applied.
---------------------------------------------------------------------------

    (B) If the Illiquid Position has a Current Market Price that is
greater than $1.00, NSCC calculates the Illiquid Charge as the product
of the aggregate quantity of shares in the Illiquid Position and either
(i) the One Month High Price or (ii) the Current Market Price of the
Illiquid Security rounded up to the next $0.50 increment.
    In determining whether to use the One Month High Price or the
Current Market Price of the Illiquid Security to calculate the Illiquid
Charge, NSCC compares the percentage of the ADV to the share quantity
in the Illiquid Position. If the share quantity in the Illiquid
Position is less than 100 percent of the ADV and more than or equal to
25 percent, then the calculation uses the lesser of the One Month High
Price or the Current Market Price of the Illiquid Securities (rounded
up to the next $0.50 increment, if applicable). If the quantity of
shares in the Illiquid Position is greater than or equal to 100 percent
of the ADV, then the calculation uses the greater of the One Month High
Price or the Current Market Price of the Illiquid Security (rounded up
to the next $0.50 increment, if applicable).

    Furthermore, depending on the result of the calculation described
above, the Illiquid Charge would remain subject to a minimum price per
share, which shall not be less than $0.01. Therefore, when calculating
the Illiquid Charge, the One Month High Price or the Current Market
Price of the Illiquid Security is substituted by the minimum price per
share if the One Month High Price or the Current Market Price, as
applicable, is below the minimum price per share.
3. Exceptions and Exclusions From the Illiquid Charge
    In order to avoid duplicate margin charges, NSCC does not apply the
Illiquid Charge to Illiquid Positions when a greater Market Maker
Domination (``MMD'') charge is also applicable to those positions. The
MMD charge applies to a position in a security that is greater than
forty percent of the overall unsettled Long Position in that security,
if such position is held by the Market Maker in that security.\17\ NSCC
also excludes family-issued securities from the definition of Illiquid
Securities.
---------------------------------------------------------------------------

    \17\ For purposes of calculating the MMD charge, the overall
unsettled Long Position is calculated as the sum of each Member's
net Long Position. Application and calculation of the MMD charge is
described in Procedure XV of the Rules, Sections I.(A)(1)(d) and
I.(A)(2)(c). Supra note 3.
---------------------------------------------------------------------------

a. Market Maker Domination Charge Exception
    NSCC assesses and collects an MMD charge as part of a Member's
Required Deposit to address the risk presented by a concentrated
position in a security when the Member holding the position is the
market maker. There may be instances when a Member's Illiquid Position
triggers both the Illiquid Charge and the MMD charge. Because these
margin components are calculated to address duplicative risk concerns,
NSCC imposes only the greater of the two charges when both charges are
applicable.
    Additionally, in order to improve clarity and create ease of
reference in the Rules, NSCC would amend the Rules by defining the term
``Market Maker Domination Charge'' in Procedure XV, Section I.(A)(1)(d)
and using the defined term in Section I.(A)(2)(c).\18\
---------------------------------------------------------------------------

    \18\ Supra note 3.
---------------------------------------------------------------------------

b. Family-Issued Securities Charge Exception
    Additionally, family-issued securities are excluded from the
definition of Illiquid Securities and, therefore, are not subject to
the Illiquid Charge. Family-issued securities have a different risk
profile than other illiquid securities. In particular, these securities
expose NSCC to specific wrong-way risk.\19\ Therefore, NSCC margins
family-issued securities separately, through the margining methodology
that currently applies to these securities, in order to address those
unique risk characteristics.\20\
---------------------------------------------------------------------------

    \19\ See Principles for financial market infrastructures, issued
by the Committee on Payment and Settlement Systems and the Technical
Committee of the International Organization of Securities
Commissions 47n.65 (April 2012), available at http://www.bis.org/publ/cpss101a.pdf.
    \20\ The definition of family-issued securities and the margin
methodology applicable to positions in these securities is described
in Procedure XV of the Rules, Section I.(B)(1). Supra note 3.
---------------------------------------------------------------------------

    In order to improve clarity and because family-issued securities
have a different risk profile than other illiquid securities, NSCC
would exclude family-issued securities from the definition of
``Illiquid Security'' in the proposed rule change.
2. Statutory Basis
    Section 17A(b)(3)(F) of the Act, requires, in part, that the Rules
be designed to assure the safeguarding of securities and funds that are
within the custody or control of the clearing agency.\21\ By
incorporating the Illiquid Charge into the Rules, the proposed change
helps protect NSCC from potential losses in the event that a Member
defaults. Specifically, the Illiquid Charge is calculated and collected
by NSCC in order to mitigate the risk that its liquidation of Illiquid
Securities, following a Member default, is difficult or delayed due to
the nature of those securities, as described above. Therefore, by
enabling NSCC to better assess and collect funds, as it deems
necessary, the Illiquid Charge would promote the safeguarding of
securities and funds that are within its custody or control, consistent
with the requirements of Section 17(b)(3)(F) of the Act.\22\
---------------------------------------------------------------------------

    \21\ 15 U.S.C. 78q-1(b)(3)(F).
    \22\ Id.
---------------------------------------------------------------------------

    Rule 17Ad-22(b)(1) under the Act requires, in part, that NSCC
establish, implement, maintain and enforce written policies and
procedures reasonably designed to limit its exposures to potential
losses from defaults by its Members under normal market conditions, so
that NSCC's operations would not be disrupted and non-defaulting
participants would not be exposed to losses that it cannot anticipate
or control.\23\ Illiquid Securities lack marketability, may present
insufficient access to a trading venue, and may have low and volatile
share prices. Therefore, the Illiquid Charge is designed to mitigate
the risk that NSCC faces that liquidation of these securities in the
event of a Member default could be difficult or delayed as a result of
these characteristics. As such, this charge is designed to obtain funds
from Members that are sufficient to cover the risks presented by such
Illiquid Position. This management of NSCC's credit exposures to its
Members is consistent with Rule 17Ad-22(b)(1) under the Act.\24\
---------------------------------------------------------------------------

    \23\ 17 CFR 240.17Ad-22(b)(1).
    \24\ Id.
---------------------------------------------------------------------------

    Rule 17Ad-22(b)(2) under the Act requires NSCC to establish,
implement, maintain and enforce written policies and procedures
reasonably designed to use margin requirements to limit its credit
exposures to participants under normal market conditions.\25\ The
Illiquid Charge is a component of Members' Required Deposits, which are
calculated to ensure that NSCC covers its credit exposures at a
confidence level of at least 99 percent under normal market conditions.
Therefore, NSCC believes that the proposed rule change is consistent
with Rule 17Ad-22(b)(2) under the Act.\26\
---------------------------------------------------------------------------

    \25\ 17 CFR 240.17Ad-22(b)(2).
    \26\ Id.
---------------------------------------------------------------------------

    The proposal is also designed to be consistent with Rules 17Ad-
22(e)(4) and (e)(6) under the Act, which were recently adopted by the
Commission.\27\ Rule 17Ad-22(e)(4)(i) will require NSCC to establish,
implement, maintain and enforce written policies and procedures
reasonably designed to effectively identify, measure, monitor, and
manage its credit exposures to Members and those exposures arising from
its payment, clearing, and settlement processes, including by
maintaining sufficient financial resources to cover its credit exposure
to each Member fully with a high degree of confidence.\28\ NSCC's
Illiquid Charge is calculated and imposed to cover credit exposures
estimated by NSCC based on the amount and nature of Illiquid Securities
in a Member's portfolio and is designed to obtain from such Member
financial resources sufficient to cover those credit exposures posed by
such Illiquid Positions with a high degree of confidence. NSCC believes
that management of its credit exposure to

Members in this way is consistent with Rule 17Ad-22(e)(4)(i) under the
Act.\29\
---------------------------------------------------------------------------

    \27\ The Commission adopted amendments to Rule 17Ad-22,
including the addition of new subsection 17Ad-22(e), on September
28, 2016. See Securities Exchange Act Release No. 78961 (September
28, 2016), 81 FR 70786 (October 13, 2016) (S7-03-14). NSCC is a
``covered clearing agency'' as defined by new Rule 17Ad-22(a)(5) and
must comply with new subsection (e) of Rule 17Ad-22 by April 11,
2017. Id.
    \28\ Id.
    \29\ Id.
---------------------------------------------------------------------------

    Rule 17Ad-22(e)(6)(v) and (vi) under the Act will require, in part,
NSCC to establish, implement, maintain and enforce written policies and
procedures reasonably designed to cover its credit exposures to its
Members by establishing a risk-based margin system that, at a minimum,
uses an appropriate method for measuring credit exposure that accounts
for relevant product risk factors and portfolio effects across products
and is monitored by management on an ongoing basis and regularly
reviewed, tested and verified.\30\ The Illiquid Charge is determined
using a risk-based margin methodology designed to maintain the coverage
of NSCC's credit exposures to its Members at a confidence level of at
least 99 percent. The charge is calculated to address the unique risk
characteristics presented by Illiquid Securities, specifically their
lack of marketability and their low and volatile share prices.
Therefore, NSCC believes that the proposal is also consistent with Rule
17Ad-22(e)(6)(v) and (vi) under the Act.\31\
---------------------------------------------------------------------------

    \30\ Id.
    \31\ Id.
---------------------------------------------------------------------------

(B) Clearing Agency's Statement on Burden on Competition

    NSCC does not believe that the Illiquid Charge imposes any burden
on competition that is not necessary or appropriate.\32\ This charge is
necessary for NSCC to limit its exposures to potential losses from
defaults by Members. The Illiquid Charge is imposed on Members on an
individualized basis in an amount reasonably calculated to mitigate the
risks posed to NSCC by Illiquid Securities. NSCC employs reasonable
methods to calculate and impose an individualized charge in an amount
designed to address the risk that NSCC's liquidation of Illiquid
Securities, following a Member default, is difficult or delayed due to
the risk characteristics of these securities, as described above. NSCC
believes any burden on competition imposed by the addition of the
Illiquid Charge to the Rules would be necessary and appropriate to
limit NSCC's exposures to the risks being mitigated by such charge.
---------------------------------------------------------------------------

    \32\ 15 U.S.C. 78q-1(b)(3)(I).
---------------------------------------------------------------------------

(C) Clearing Agency's Statement on Comments on the Proposed Rule Change
Received From Members, Participants, or Others

    NSCC has not received any written comments relating to this
proposal. NSCC will notify the Commission of any written comments it
receives.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which the self- regulatory organization consents, the Commission will:
    (A) By order approve or disapprove 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 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-NSCC-2017-001 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-NSCC-2017-001. 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 the filing also will be available
for inspection and copying at the principal office of NSCC and on
DTCC's Web site (http://dtcc.com/legal/sec-rule-filings.aspx). 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-NSCC-2017-001 and should be
submitted on or before April 12, 2017.
---------------------------------------------------------------------------

    \33\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\33\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-05606 Filed 3-21-17; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 221 (Friday, November 17, 2017)]
[Notices]
[Pages 54339-54340]
[FR Doc No: 2017-25020]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-R09-OAR-2017-0507; FRL-9970-42-Region 9]

Adequacy Status of Motor Vehicle Emissions Budgets in Submitted
Reasonable Further Progress Plan for San Diego 8-Hour Ozone for
Transportation Conformity Purposes; California

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of adequacy.

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

SUMMARY: The Environmental Protection Agency (EPA or ``Agency'') is
notifying the public that the Agency has found that the motor vehicle
emissions budgets (``budgets'') for the Reasonable Further Progress
(RFP) milestone year 2017 from the ``2008 Eight-Hour Ozone Attainment
Plan for San Diego County (December 2016)'' (``2016 San Diego Ozone
Plan'' or ``plan''), are adequate for transportation conformity
purposes for the 2008 ozone national ambient air quality standards
(NAAQS). The California Air Resources Board (CARB) submitted the 2016
San Diego Ozone Plan to the EPA on April 12, 2017, as a revision to the
California State Implementation Plan (SIP). Upon the effective date of
this notice of adequacy, the previously-approved budgets for the 1997
8-hour ozone standards will no longer be applicable for transportation
conformity purposes, and the San Diego Association of Governments
(SANDAG) and the U.S. Department of Transportation must use these
adequate budgets in future transportation conformity determinations.

DATES: This finding is effective December 4, 2017.

FOR FURTHER INFORMATION CONTACT: John Kelly, EPA, Region IX, Air
Division AIR-2, 75 Hawthorne Street, San

Francisco, CA 94105-3901;<PHONE_NUMBER> or [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
    Today's notice is simply an announcement of a finding that we have
already made. The EPA sent a letter to CARB on October 19, 2017 stating
that the motor vehicle emissions budgets in the submitted 2016 San
Diego Ozone Plan for the RFP milestone year 2017 are adequate for
transportation conformity purposes.\1\ We announced availability of the
plan and related budgets on the EPA's transportation conformity Web
site on July 20, 2017, requesting comments by August 21, 2017. We
received no comments in response to the adequacy review posting. The
finding is available at the EPA's conformity Web site: https://www.epa.gov/state-and-local-transportation/state-implementation-plans-sip-submissions-epa-has-found-adequate-or. The adequate motor vehicle
emissions budgets are provided in the following table:
---------------------------------------------------------------------------

    \1\ See letter from Matthew J. Lakin, Acting Director, Air
Division, EPA Region IX, to Richard Corey, Executive Officer, CARB,
dated October 19, 2017.

                Adequate Motor Vehicle Emissions Budgets
------------------------------------------------------------------------
                                            Volatile
                                            organic          Nitrogen
              Budget year                  compounds      oxides  (tons
                                           (tons per       per  summer
                                          summer day)          day)
------------------------------------------------------------------------
2017..................................              23               42
------------------------------------------------------------------------

    Transportation conformity is required by Clean Air Act section
176(c). The EPA's conformity rule requires that transportation plans,
transportation improvement programs, and transportation projects
conform to a state's air quality SIP and establishes the criteria and
procedures for determining whether or not they conform. Conformity to a
SIP means that transportation activities will not produce new air
quality violations, worsen existing violations, or delay timely
attainment of the NAAQS.
    The criteria we use to determine whether a SIP's motor vehicle
emission budgets are adequate for conformity purposes are outlined in
40 CFR 93.118(e)(4), promulgated on August 15, 1997.\2\ We have further
described our process for determining the adequacy of submitted SIP
budgets in our final rule dated July 1, 2004, and we used the
information in these resources in making our adequacy determination.\3\
Please note that an adequacy review is separate from the EPA's
completeness review and should not be used to prejudge the EPA's
ultimate action on the SIP. Even if we find a budget adequate, the SIP
could later be disapproved.
---------------------------------------------------------------------------

    \2\ See 62 FR 43780 (August 15, 1997).
    \3\ See 69 FR 40004 (July 1, 2004).
---------------------------------------------------------------------------

    Pursuant to 40 CFR 93.104(e), within 2 years of the effective date
of this notice, SANDAG and the U.S. Department of Transportation will
need to demonstrate conformity to the new budgets if the demonstration
has not already been made.\4\ For demonstrating conformity to the
budgets in this plan, the on-road motor vehicle emissions from
implementation of the transportation plan or program should be
projected consistently with the budgets in this plan, i.e., by taking
the county's emissions results derived from CARB's EMFAC model (short
for EMission FACtor) and then rounding the emissions up to the nearest
ton.
---------------------------------------------------------------------------

    \4\ See 73 FR 4419 (January 24, 2008).

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

    Dated: October 25, 2017.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 2017-25020 Filed 11-16-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 102 (Thursday, May 26, 2011)]
[Notices]
[Pages 30700-30703]
[FR Doc No: 2011-13101]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OEI-2010-0835; FRL-9311-6]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Proposed Collections; Toxic Chemical Release
Reporting; Request for Comments on Proposed Renewal of Form R and Form
A, Including Minor Form Revisions and the Ratio-Based Burden
Methodology

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document announces that an Information
Collection Request (ICR) has been forwarded to the Office of Management
and Budget (OMB) for review and approval. This is a request to make
changes to and renew an existing approved collection. The ICR
Supporting Statement, which is abstracted below, describes the nature
of

the information collection (including proposed minor form revisions)
and its estimated burden and cost.

DATES: Additional comments may be submitted on or before June 27, 2011.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OEI-
2010-0835, to (1) EPA online using http://www.regulations.gov (our
preferred method), by e-mail to<EMAIL_ADDRESS>or by mail to: EPA
Docket Center, Environmental Protection Agency, Mail Code 2822T, 1200
Pennsylvania Ave., NW., Washington, DC 20460, and (2) OMB by mail to:
Office of Information and Regulatory Affairs, Office of Management and
Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street, NW.,
Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Cassandra Vail, Toxics Release
Inventory Program Division, Office of Information Analysis and Access
(2844T), Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; telephone number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On February 11, 2011 (76 FR 7841), EPA sought comments on this
ICR pursuant to 5 CFR 1320.8(d). EPA received two comments, which are
addressed in the Response to Comments document. Any additional comments
on this ICR should be submitted to EPA and OMB within 30 days of this
notice.
    EPA has established a public docket for this ICR under Docket ID
No. EPA-HQ-OEI-2010-0835, which is available for online viewing at
http://www.regulations.gov, or in person viewing at the OEI Docket, EPA
Docket Center (EPA/DC), U.S. EPA West Building, Room 3334, 1301
Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room
is open from 8 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays. The telephone number for the Reading Room is 202-566-
1744, and the telephone number for the OEI Docket is<PHONE_NUMBER>.
    Use EPA's electronic docket and comment system at http://www.regulations.gov, to submit or view public comments, access the
index listing of the contents of the docket, and to access those
documents in the docket that are available electronically. Once in the
system, select ``docket search,'' then key in the docket ID number
identified above. Please note that EPA's policy is that public
comments, whether submitted electronically or in paper, will be made
available for public viewing at http://www.regulations.gov as EPA
receives them and without change, unless the comment contains
copyrighted material, confidential business information (CBI), or other
information whose public disclosure is restricted by statute. For
further information about the electronic docket, go to http://www.regulations.gov.
    Title: Toxic Chemical Release Reporting; Request for Comments on
Proposed Renewal of Form R and Form A, Including Minor Form Revisions,
and the Ratio-Based Burden Methodology.
    ICR numbers: EPA ICR No. 1363.21, OMB Control No. 2025-0009.
    ICR Status: This ICR is scheduled to expire on July 31, 2011. Under
OMB regulations, the Agency may continue to conduct or sponsor the
collection of information while this submission is pending at OMB. EPA
expects the renewed ICR will be available for TRI Reporting Year 2011
submissions, which are due by July 1, 2012. An Agency may not conduct
or sponsor, and a person is not required to respond to, a collection of
information, unless it displays a currently valid OMB control number.
The OMB control numbers for EPA's regulations in title 40 of the CFR,
after appearing in the Federal Register when approved, are listed in 40
CFR part 9, are displayed either by publication in the Federal Register
or by other appropriate means, such as on the related collection
instrument or form, if applicable. The display of OMB control numbers
in certain EPA regulations is consolidated in 40 CFR part 9. In the
past, EPA has issued separate ICRs: (1) EPA ICR No. 1363.20, OMB
Control No. 2025-0009 for Form R and (2) EPA ICR No. 1704.12, OMB
Control No. 2025-0010 for Form A. In this ICR Renewal, EPA is
transitioning from issuing two separate ICRs to issuing a single ICR-
EPA ICR No. 1363.21, OMB Control No. 2025-0009 that encompasses both
Form R and Form A.
    Abstract: Pursuant to section 313 of EPCRA, certain facilities that
manufacture, process, or otherwise use specified toxic chemicals in
amounts above reporting threshold levels must submit annually to EPA
and to designated State officials toxic chemical release forms
containing information specified by EPA. 42 U.S.C. 11023. In addition,
pursuant to section 6607 of the Pollution Prevention Act (PPA),
facilities reporting under section 313 of EPCRA must also report
pollution prevention and waste management data, including recycling
information, for such chemicals. 42 U.S.C. 13106. These reports are
compiled and stored in EPA's database known as the Toxics Release
Inventory (TRI); TRI data are made readily available to the public.
    Regulations at 40 CFR part 372, subpart B, require facilities that
meet all of the following criteria to report:
    1. The facility has 10 or more full-time employee equivalents
(i.e., a total of 20,000 hours worked per year or greater; see 40 CFR
372.3); and
    2. The facility is included in a North American Industry
Classification System (NAICS) Code listed at 40 CFR 372.23 or under
Executive Order 13148, Federal facilities regardless of their industry
classification; and
    3. The facility manufactures (defined to include importing),
processes, or otherwise uses any EPCRA section 313 (TRI) chemical in
quantities greater than the established thresholds for the specific
chemical in the course of a calendar year.
    Facilities that meet the criteria must file a Form R report or, in
some cases, may submit a Form A Certification Statement, for each
listed toxic chemical for which the criteria are met. As specified in
EPCRA section 313(a), the report for any calendar year must be
submitted on or before July 1st of the following year. For example,
reporting year 2009 data should have been submitted and certified on or
before July 1, 2010.
    The list of toxic chemicals subject to TRI reporting can be found
at 40 CFR 372.65. This list is also published every year as Table II in
the current version of the Toxics Release Inventory Reporting Forms and
Instructions. The current TRI chemical list contains 593 chemicals and
30 chemical categories.
    TRI data are used by environmental agencies, industry, and the
public. EPA program offices use TRI data, along with other data, to
help establish programmatic priorities, evaluate potential hazards to
human health and the natural environment, and undertake appropriate
regulatory and/or enforcement activities. Environmental and public
interest groups use the data to better understand toxic chemical
releases at the community level and to work with industry, government
agencies, and others to promote reductions in toxic chemical releases.
Industrial facilities use the TRI data to evaluate the efficiency of
their production processes and to help track and communicate their
progress in achieving pollution prevention goals.
    The TRI data are unique in providing a multi-media (air, water, and
land) picture of toxic chemical releases, transfers, and other waste
management

activities by covered facilities on a yearly basis. While other
environmental media programs provide some toxic chemical data and
related permit data, the data are not directly comparable to TRI data
with regard to the types of chemicals and industry sectors that are
covered or the frequency of reporting. Facilities that are subject to
TRI reporting must submit reports for each calendar year to EPA and the
States in which they are located by July 1st of the following year.
    Respondents may claim trade secrecy for a chemical's identity as
described in EPCRA Section 322 and its implementing regulations in 40
CFR part 350. EPA will disclose information that is covered by a claim
of trade secrecy only to the extent permitted by and in accordance with
the procedures in 40 CFR part 350 and 40 CFR part 2.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 35.71
hours for Form R and 21.96 hours for Form A. Burden means the total
time, effort, or financial resources expended by persons to generate,
maintain, retain, or disclose or provide information to or for a
Federal agency. This includes the time needed to review instructions;
develop, acquire, install, and utilize technology and systems for the
purposes of collecting, validating, and verifying information,
processing and maintaining information, and disclosing and providing
information; adjust the existing ways to comply with any previously
applicable instructions and requirements which have subsequently
changed; train personnel to be able to respond to a collection of
information; search data sources; complete and review the collection of
information; and transmit or otherwise disclose the information.
    Respondents/Affected Entities (i.e., Facilities): 20,871.
    Estimated Number of Responses: 73,727.
    Estimated Total Overall Number of Responses per Respondent: 3.53.
    Frequency of Response: Annual.
    Estimated Total Annual Hour Burden: 3,515,751 hours.
    Estimated Total Annual Cost: $174,451,565, includes $0 annualized
capital or O&M costs.
    What Changes are included in this ICR: OMB approved the current ICR
for Form R and the ICR for the Form A Certification Statement on March
2, 2008, with original expiration dates of March 31, 2011. On February
17, 2010, OMB approved an extension of the expiration dates for both
forms to July 31, 2011. The OMB approved the current burden estimates
on March 2, 2008, where 3,217,280 hours for Form R and 515,901 hours
for Form A, totaling 3,733,181 hours.
    Changes in the Estimates: Several changes in the burden estimates
have been approved by OMB since the OMB approvals of the ICRs on March
2, 2008. On March 20, 2009, OMB approved the merging of the ICR for TRI
detailed reporting on dioxin and dioxin-like compounds (OMB 2025-0007,
ICR 2086.02), into the TRI Form R ICR (currently OMB Control Number
2025-0009), increasing burden by 899 hours. Then on March 27, 2009, OMB
approved changes in the number of responses and the burden hours for
Form R and Form A to reflect the passage of Section 425 of the Omnibus
Appropriations Act of 2009, which rescinded the December 2006 Toxics
Release Inventory Burden Reduction Rule. As a result, the OMB-approved
numbers for Form R were increased by 140,565 hours and for Form A
burden were decreased by 318,418 yielding a net increase of 458,983
hours. Most recently, on November 26, 2010, the Addition of National
Toxicology Program Carcinogens rule was published in the Federal
Register. This rule is estimated to increase the number of reporting
facilities by 74 and the number of Form Rs submitted by 186 with an
associated burden increase of 6,641 hours.
    Meanwhile, over the past several years, there has been a slight
decrease in the number of facilities reporting to TRI. Based on the
latest data for Reporting Year 2009 plus updates to reflect changes
during the year of the ICR project--in this case, the modeled number of
chemicals and facilities estimated to report under the Addition of
National Toxicology Program Carcinogens rule, EPA now estimates the
total number of combined Form R and Form A responses to be 73,727, with
the associated total annual burden hours to be 3,515,751, and the
annual cost to be $174,451,565. For a detailed explanation of the
Agency's estimates of the respondent reporting burden and labor costs,
please refer to the updated versions of the TRI Form R and A Supporting
Statement and the document ``Revising TRI Burden to Ratio-Based
Methodology,'' which are available in the docket.
    Changes in the form, as revised per the Response to Comments: EPA
proposes to make the following changes to the ICR for the TRI Form R,
with regard to the parent company field, and the Form A Certification
Statement:
    1. Replace the NA box from the Parent Company field (Part I: Sec.
5, 5.1) with a check box that reads ``No U.S. Parent Company (for TRI
Reporting purposes).'' Rationale: The NA box is currently used to
indicate either a foreign parent company or no higher level U.S.
company. To better facilitate analysis of the TRI data, EPA is revising
its instructions on how to report parent companies for TRI reporting
purposes. The revised instructions provide that the highest-level U.S.
company should be recorded or the ``No U.S. Parent Company (for TRI
Reporting purposes)'' box should be selected.
    2. Disaggregate the ``Total Transfers'' field and add fields to
identify chemical discharge quantities to specific publicly owned
treatment works (POTWs) (Part II: Sec 6.1).
    Rationale: The current form collects a single ``Total Transfer''
quantity for transfers to all POTWs. Providing separate fields for the
transfer quantity to each POTW will facilitate analysis of the releases
to specific watersheds.
    3. Section 8 enhancements, including:
     Change instructional statement on form to specify only
``newly implemented'' source reduction activities (Part II: Sec. 8.10).
     Add an N/A box to match associated text revisions (Part
II: Sec. 8.10).
     Remove the ``Yes'' box and enlarge the text section for
the question on optional pollution prevention information (Part II:
Section 8.11).
    Rationale: The existing form requests information on ``any source
reduction activities for this chemical during the reporting year;'' but
the Reporting Forms and Instructions requests information on ``newly
implemented'' source reduction activities. This change on the form will
make the form consistent with the instructions, and specify that only
new activities should be reported. The Section 8 enhancements also
provide a larger text box (8.11) where facilities can provide optional
information on source reduction, recycling, or pollution control
activities.
    4. Add a new question to capture miscellaneous and optional
information regarding the submission (Part II: Sec. 9., 9.1).
Rationale: This new text box will allow facilities to provide optional,
miscellaneous information that may be helpful to EPA and/or the public
in using or interpreting their data (e.g., facility closures,
explanations for changes in release quantities, etc.).
    5. Add NA boxes to Part II, Sections 5.3, 6.1, and 6.2. Rationale:
Adding NA boxes to these sections will make the formatting of Form R
and Form R Schedule 1 more consistent.

    Dated: May 20, 2011.
John Moses,
Director, Collection Strategies Division.
[FR Doc. 2011-13101 Filed 5-25-11; 8:45 am]
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[Federal Register Volume 85, Number 182 (Friday, September 18, 2020)]
[Notices]
[Page 58349]
[FR Doc No: 2020-20617]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER20-2866-000]

91MC 8me, LLC; Supplemental Notice That Initial Market-Based Rate
Filing Includes Request for Blanket Section 204 Authorization

    This is a supplemental notice in the above-referenced 91MC 8me,
LLC's application for market-based rate authority, with an accompanying
rate tariff, noting that such application includes a request for
blanket authorization, under 18 CFR part 34, of future issuances of
securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is October 5, 2020.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://ferc.gov) using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at<EMAIL_ADDRESS>or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.

    Dated: September 14, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-20617 Filed 9-17-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: October 10, 2006 (Volume 71, Number 195)]
[Notices]
[Page 59544-59545]
[DOCID:fr10oc06-90]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

    Upon written request, copies available from: Securities and
Exchange Commission, Office of Filings and Information Services,
Washington, DC 20549.

Extension:
    Form N-6; SEC File No. 270-446; OMB Control No. 3235-0503.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.) the Securities and Exchange Commission
(``Commission'') is soliciting comments on the collections of
information summarized below. The Commission plans to submit these
existing collections of information to the Office of Management and
Budget (``OMB'') for extension and approval.
    The title for the collection of information is ``Form N-6 (17 CFR
239.17c and 274.11d) under the Securities Act of 1933 (15 U.S.C. 77a et
seq.) and under the Investment Company Act of 1940 (15 U.S.C. 80a-1 et
seq.) registration statement of separate accounts organized as unit
investment trusts that offer variable life insurance policies.'' Form
N-6 is the form used by insurance company separate accounts organized
as unit investment trusts that offer variable life insurance contracts
to register as investment companies under the Investment Company Act of
1940 and/or to register their securities under the Securities Act of
1933. The primary purpose of the registration process is to provide
disclosure of financial and other information to investors and
potential investors for the purpose of evaluating an investment in a
security. Form N-6 also permits separate accounts organized as unit
investment trusts that offer variable life insurance contracts to
provide investors with a prospectus containing information required in
a registration statement prior to the sale or at the time of
confirmation of delivery of securities. The form also may be used by
the Commission in its regulatory review, inspection, and policy-making
roles.
    The Commission estimates that there are approximately 241 separate
accounts registered as unit investment trusts and offering variable
life insurance policies that file registration statements on Form N-6.
The Commission estimates that there are 32 initial registration
statements on Form N-6 filed annually. The Commission estimates that
approximately 641 registration statements (609 post-effective
amendments plus 32 initial registration statements) are filed on Form
N-6 annually. The Commission estimates that the hour burden for
preparing and filing a post-effective amendment on Form N-6 is 67.5
hours. The total annual hour burden for preparing and filing post-
effective amendments is 41,107.5 hours (609 post-effective amendments
annually times 67.5 hours per amendment). The estimated hour burden for
preparing and filing an initial registration statement on Form N-6 is
770.25 hours. The estimated annual hour burden for preparing and filing
initial registration statements is 24,648 hours (32 initial
registration statements annually times 770.25 hours per registration
statement). The frequency of response is annual. The total annual hour
burden for Form N-6, therefore, is estimated to be 65,755.5 hours
(41,107.5 hours for post-effective amendments plus 24,648 hours for
initial registration statements).
    The information collection requirements imposed by Form N-6 are
mandatory. Responses to the collection of information will not be kept
confidential. An agency may not conduct or sponsor, and a person is not
required to respond to a collection of information unless it displays a
currently valid control number.
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (b) the accuracy of the agency's estimate of
the burden of the collection of information; (c) ways to enhance the
quality, utility, and clarity of the information collected; and (d)
ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication.
    Please direct your written comments to R. Corey Booth, Director/
Chief Information Officer, Securities and Exchange Commission, C/O
Shirley Martinson 6432 General Green Way,

Alexandria, Virginia, 22312; or send an e-mail to:
<EMAIL_ADDRESS>

    Dated: September 29, 2006.
Nancy M. Morris,
Secretary.
 [FR Doc. E6-16624 Filed 10-6-06; 8:45 am]

BILLING CODE 8011-01-P