[Federal Register Volume 85, Number 189 (Tuesday, September 29, 2020)]
[Rules and Regulations]
[Pages 60896-60898]
[FR Doc No: 2020-21392]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0412; Product Identifier 2018-CE-030-AD; Amendment
39-21253; AD 2020-19-10]
RIN 2120-AA64

Airworthiness Directives; Piaggio Aero Industries S.p.A.

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
Piaggio Aero Industries S.p.A. Model P-180 airplanes. This AD results
from mandatory continuing airworthiness information (MCAI) issued by an
aviation authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as insufficient sealing of a steering select/bypass valve
installed in the nose landing gear (NLG) manifold. The FAA is issuing
this AD to address the unsafe condition on these products.

DATES: This AD is effective November 3, 2020.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of November 3,
2020.

ADDRESSES: For service information identified in this final rule,
contact Piaggio Aero Industries S.p.A, Airworthiness Office, Via
Pionieri e Aviatori d'Italia snc, 16154 Genova, Italy; phone: +39 010
0998046; email<EMAIL_ADDRESS>and internet:
https://www.piaggioaerospace.it/en/customer-support. You may review
this referenced service information at the FAA, Airworthiness Products
Section, Operational Safety Branch, 901 Locust, Kansas City, Missouri
64106. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>. It is also available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0412.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0412; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, any comments received, and other information. The
address for Docket Operations is Docket Operations, U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Mike Kiesov, Aerospace Engineer, FAA,
General Aviation & Rotorcraft Section, International Validation Branch,
901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816)
329-4144; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to all Piaggio Aero
Industries S.p.A. Model P-180 airplanes. The NPRM published in the
Federal Register on June 5, 2019 (84 FR 26025). The NPRM proposed to
correct an unsafe condition for the specified products and was based on
mandatory continuing airworthiness information (MCAI) originated by the
European Aviation Safety Agency (EASA), which is the Technical Agent
for the Member States of the European Union. EASA issued AD No. 2017-
0229, dated November 21, 2017 (referred to after this as ``the MCAI''),
which states:

    An occurrence was reported of finding insufficient sealing of a
Steering Select/Bypass Valve installed on the nose landing gear
(NLG) Steering Manifold of a P.180 aeroplane.
    This condition, if not detected and corrected, could lead to
uncommanded deflection of the NLG wheel, possibly resulting in
reduced control of the aeroplane on the ground, with consequent
damage to the aeroplane and injury to occupants.
    To address this potential unsafe condition, PAI issued Service
Bulletin (SB) 80-0325 to provide inspection and rectification
instructions.
    For the reason described above, this [EASA] AD requires a leak
test of the NLG Steering Manifold and, depending on the finding(s),
accomplishment of applicable corrective action(s). This [EASA] AD
also requires amendment of the applicable Aircraft Flight Manual
(AFM).

    The MCAI further notes that airplanes with NLG steering manifold
part number 72608 installed are known to include manufacturing serial
numbers 1001, 3001, 3003, 3004, 3006, 3007, and 3008, and also include
airplanes that have incorporated Piaggio Aerospace Service Bulletin No.
80-0425, Revision 0, dated March 30, 2017, and Piaggio Aerospace
Service Bulletin No. 80-0454, Revision 0, March 6, 2017. You may
examine the MCAI on the internet at https://www.regulations.gov by
searching for and locating Docket No. FAA-2019-0412.

Comments

    The FAA gave the public the opportunity to participate in
developing this final rule. No comments were received on the NPRM or on
the determination of the cost to the public.

Conclusion

    The FAA reviewed the relevant data and determined that air safety
and the public interest require adopting this final rule as proposed.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Piaggio Aerospace Service Bulletin No. 80-0325,
Revision 0, dated August 10, 2017 (SB 80-0325), and Piaggio Aerospace
P.180 AVANTI II/EVO Temporary Change No. 89, dated August 30, 2017
(Temporary Change 89), to the airplane flight manual (AFM). SB 80-0325
contains procedures for doing a NLG steering manifold leakage test.
Temporary Change 89 contains emergency operating procedures for the
pilot to follow if the NLG steering system fails. This service
information is reasonably available because the interested parties have
access to it through their normal course of business or by the means
identified in the ADDRESSES section.

Other Related Service Information

    The FAA reviewed Piaggio Aerospace Service Bulletin No. 80-0425,
Revision 0, dated March 30, 2017 (SB 80-0425); Piaggio Aerospace
Service Bulletin No. 80-0454, Revision 0, March 6, 2017 (SB 80-0454);
and Temporary Change No. 89 Errata Corrige, dated December 20, 2017
(Temporary Change 89EC). SB 80-0425 and SB 80-0454 both contain
procedures for replacing the main landing gear and the NLG steering
system on the applicable airplanes. Temporary Change 89EC revises the
cover page of Temporary Change 89 to clarify the applicability of the
change.

Costs of Compliance

    The FAA estimates that this AD will affect 130 products of U.S.
registry. The FAA also estimates that it will take about 2.5 work-hours
per product to comply with the basic requirements of this AD. The
average labor rate is $85 per work-hour.
    Based on these figures, the FAA estimates the cost of this AD on
U.S. operators to be $27,625, or $212.50 per product.

    If necessary, the FAA estimates that replacing a NLG steering
manifold would take about 10 work-hours and require parts costing
$50,058, for a cost of $50,908 per product. The FAA has no way of
determining the number of products that may need these actions.

Authority for This Rulemaking

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

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

2020-19-10 Piaggio Aero Industries S.p.A.: Amendment 39-21253;
Docket No. FAA-2019-0412; Product Identifier 2018-CE-030-AD.

(a) Effective Date

    This AD is effective November 3, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Piaggio Aero Industries S.p.A. Model P-180
airplanes, certificated in any category.

(d) Subject

    Air Transport Association of America (ATA) Code 32: Landing
Gear.

(e) Reason

    This AD was prompted by mandatory continuing airworthiness
information (MCAI) originated by an aviation authority of another
country to identify and correct an unsafe condition on an aviation
product. The MCAI describes the unsafe condition as insufficient
sealing of a steering select/bypass valve installed in the nose
landing gear (NLG) manifold. The FAA is issuing this AD to detect
and correct insufficient sealing of the steering select/bypass valve
in the NLG steering manifold, which could lead to un-commanded NLG
wheel turns with consequent lateral runway departure.

(f) Actions and Compliance

    Unless already done, do the following actions in paragraphs
(f)(1) through (3) of this AD.
    (1) For airplanes with NLG steering manifold part number (P/N)
72608 installed: (i) Within 50 hours time-in service after the
effective date of this AD, do a steering manifold pressure leakage
test and, if there is steering actuator movement during the test,
replace the NLG steering manifold and repeat the test by following
the Accomplishment Instructions, procedure steps (1) through (24),
in Piaggio Aerospace Service Bulletin No. 80-0325, Revision 0, dated
August 10, 2017.
    (ii) If steering actuator movement occurs during procedure step
(9) or procedure step (15) of the leakage test required in paragraph
(f)(1)(i) of this AD, replacing the NLG steering manifold and
repeating the steering manifold pressure leakage test is required
before further flight.
    (2) For all airplanes, after the effective date of this AD, do
not install NLG steering manifold P/N 72608 on any airplane unless
it has been inspected as specified in paragraph (f)(1) of this AD
and no steering actuator movement occurred.
    (3) For all airplanes, within 30 days after the effective date
of this AD, revise the airplane flight manual (AFM) by replacing
certain pages in the Emergency Procedures section of the AFM by
following the Instructions in Piaggio Aerospace P.180 AVANTI II/EVO
Temporary Change No. 89, dated August 30, 2017.

(g) Alternative Methods of Compliance

    The Manager, International Validation Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. Send information to ATTN: Mike
Kiesov, Aerospace Engineer, FAA, General Aviation & Rotorcraft,
International Validation Branch, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>Before using any approved AMOC on any
airplane to which the AMOC applies, notify your appropriate
principal inspector (PI) in the FAA Flight Standards District Office
(FSDO), or lacking a PI, your local FSDO.

(g) Related Information

    Refer to MCAI European Aviation Safety Agency AD No. 2017-0229,
dated November 21, 2017, for related information. You may examine
the MCAI on the internet at https://www.regulations.gov by searching
for and locating Docket No. FAA-2019-0412.

(h) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Piaggio Aerospace Service Bulletin No. 80-0325, Revision 0,
dated August 10, 2017 (SB 80-0325).
    (ii) Piaggio Aerospace P.180 AVANTI II/EVO Temporary Change No.
89, dated August 30, 2017 (Temporary Change 89).
    (3) For Piaggio Aerospace service information identified in this
AD, contact Piaggio Aero Industries S.p.A, Airworthiness Office, Via
Pionieri e Aviatori d'Italia snc, 16154 Genova, Italy; phone: +39
010 0998046; email<EMAIL_ADDRESS>and internet:
https://www.piaggioaerospace.it/en/customer-support.
    (4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 901
Locust, Kansas City, Missouri 64106. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>. In
addition, you can access this service information on the internet at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2019-0412.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on September 10, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-21392 Filed 9-28-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 171 (Friday, September 2, 2016)]
[Notices]
[Pages 60697-60698]
[FR Doc No: 2016-21198]

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ENVIRONMENTAL PROTECTION AGENCY

[ER-FRL-9028-8]

Environmental Impact Statements; Notice of Availability

AGENCY: Office of Federal Activities, EPA.

ACTION: Notice.

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SUMMARY: Weekly receipt of Environmental Impact Statements (EISs).
Filed 08/22/2016 Through 08/26/2016.

FOR FURTHER INFORMATION CONTACT: General Information<PHONE_NUMBER> or
http://www.epa.gov/nepa

SUPPLEMENTARY INFORMATION: Pursuant to 40 CFR 1506.9.

    Section 309(a) of the Clean Air Act requires that EPA make public
its comments on EISs issued by other Federal agencies. EPA's comment
letters on EISs are available at: http://www.epa.gov/compliance/nepa/eisdata.html.

EIS No. 20160193, Final, DOS, CA, Otay Mesa Conveyance and Disinfection
System Project, Review Period Ends: 10/03/2016, Contact: Jill Reilly
202-647-9798.
EIS No. 20160194, Final, FAA, AK, Angoon Airport Project, Review Period
Ends: 10/03/2016, Contact: Leslie Grey<PHONE_NUMBER>.
EIS No. 20160195, Draft, FHWA, NC, I-4400/I-4700--I-26 Widening,
Comment Period. Ends: 10/31/2016, Contact: Clarence Coleman 919-747-
7014.
EIS No. 20160196, Final, NPS, PRO, Revision of 9B Regulations Governing
Non-Federal Oil and Gas Activities, Review Period Ends: 10/03/2016,
Contact: Michael B. Edwards<PHONE_NUMBER>.
EIS No. 20160197, Draft, NOAA, HI, Heeia National Estuarine Research
Reserve, Comment Period Ends: 10/17/2016, Contact: Jean Tanimoto 808-
725-5253.
EIS No. 20160198, Final, NOAA, USFWS, MI, Programmatic--Restoration
Resulting from the Kalamazoo River Natural Resource Damage Assessment,
Review Period Ends: 10/03/2016, Contact: Lisa Williams<PHONE_NUMBER>.
The U.S. Department of the Interior's Fish and Wildlife Service and the
U.S. Department of Commerce's National Oceanic and Atmospheric
Administration are joint lead agencies for the above project.
EIS No. 20160199, Final, BLM, UT, Proposed Resource Management Plans
for the Beaver Dam Wash and Red Cliffs National Conservation Areas;
Proposed Amendment to the St. George Field Office Resource Management
Plan, Review Period Ends: 10/03/2016, Contact: Keith Rigtrup 435-865-
3063.
EIS No. 20160200, Draft, USACE, NY, Atlantic Coast of New York, East
Rockaway Inlet to Rockaway Inlet and Jamaica Bay, Comment Period Ends:
11/02/2016, Contact: Robert J. Smith<PHONE_NUMBER>.

Amended Notices

EIS No. 20160188, Final, NHTSA, NAT, Phase 2 Fuel Efficiency Standards
for Medium- and Heavy-Duty Engines and Vehicles, Contact: James Tamm
202-493-0515.
    Revision to FR Notice Published 08/26/2016; Change Review Period to
No Review Period.
    Under 49 U.S.C. 304a(b), NHTSA has issued a Final EIS and ROD.
Therefore, the 30-day wait/review period under NEPA does not apply to
this action.

    Dated: August 30, 2016.
Dawn Roberts,
Management Analyst, NEPA Compliance Division, Office of Federal
Activities.
[FR Doc. 2016-21198 Filed 9-1-16; 8:45 am]
BILLING CODE 6560-50-P


MEMORANDUM
SUBJECT: Environmental Protection Agency (EPA) visit to Oldcastle's Trident cement kiln
FROM: Jaslyn Dobrahner, EPA Region 8, Air Quality Planning Unit
TO:  Docket EPA-R08-OAR-2017-0062 for Montana regional haze FIP revision
DATE: June 30, 2017

The EPA visited Oldcastle's Trident cement kiln on June 29, 2017 for a site tour. The EPA staff (Melinda Beaver, Jaslyn Dobrahner, and Aaron Worstell) were accompanied by staff from the Montana Department of Environmental Quality (MT DEQ).
Pre-tour Meeting
Prior to commencing the tour, EPA and MT DEQ staff met with Oldcastle representatives in a meeting room in the Main Office building at 9:00 am. The EPA stated that the purpose of the visit was to learn more about Oldcastle's operations and observe the selective non-catalytic reduction (SNCR) system. During this meeting, Oldcastle presented:
 History of the Trident plant;
 Basic information on cement kiln mechanics and design;
 A schematic of the newly installed SNCR system; and
 Challenges associated with operating an SNCR system, including obtaining the optimal molar ratio and the associated potential for ammonia slip.
Oldcastle also mentioned the publication of the EPA's proposed rule (82 FR 17948) to revise the NOx emission limit at the Trident plant and subsequently inquired with EPA what the next steps of the rulemaking process were. The EPA explained that the next step of the process was to publish a final action that the agency plans be effective prior to the current compliance date of October 18, 2017 which would require signature on the final rule in late August. The EPA stated that they were on schedule to meet the August signature date.
Oldcastle mentioned the fact that many of the EPA's regional haze actions are litigated and wanted to know what the deadline was for the final action to be litigated so that they may have some more certainty about their final NOx emission limit. The EPA explained that there is a 60-day time period after publication of the final rule to submit petitions for reconsiderations and would confirm that with EPA's counsel.
During this pre-meeting there were discussions amongst Oldcastle, EPA, and MT DEQ about the operation of the SNCR system. Oldcastle explained that the SNCR system was operational for a brief time during which needed modifications were identified. When the remaining modifications are completed the system will be performance tested. During the brief time that is was operational, it reduced NOx emissions from the kiln.

Plant Tour
After donning safety gear, EPA, MT DEQ, and Oldcastle staff started the plant tour by visiting the newly constructed ammonia reagent facility for SNCR. Oldcastle staff explained the operational design of the system, including safety and cold weather precautions in place. Next, the group climbed to the top of the rotating kiln to view the juncture between the incoming stationary air and ammonia lines with the rotating kiln (the air and ammonia injection ports are located along the rotating kiln). Oldcastle brought the tour group to the top of the limestone slurry tanks and then walked along the length of the rotating kiln to observe the ammonia injection ports. After walking the length of the kiln, the tour continued in the operations/control room of the plant followed by the milling sheds for both raw material and clinker.
Quarry Tour
At the conclusion of the plant tour, the group toured the adjacent quarry. Oldcastle staff showed the raw material stockpiles and explained differences in the purity of the limestone in the quarry and how they manage variability in the limestone raw material. Oldcastle also pointed out how they dispose of the dust by-product (which is placed near the quarry) and the dust control measures in place.
The visit concluded at 11:00 am at the Main Office building.


[Federal Register Volume 85, Number 234 (Friday, December 4, 2020)]
[Rules and Regulations]
[Pages 78232-78234]
[FR Doc No: 2020-26686]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2020-0540]
RIN 1625-AA00

Safety Zone; Oakland Ship-to-Shore Crane Arrival, San Francisco
Bay, Oakland, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of the San Francisco Bay during the transit of the M/V
ZHEN HUA 35, scheduled to arrive between December 6, 2020 and December
20, 2020. This safety zone is necessary to protect personnel, vessels,
and the marine environment from heavy equipment which will be extending
more than 200 feet over the water from the vessel. Unauthorized persons
or vessels are prohibited from entering into, transiting through, or
remaining in the safety zone without permission of the Captain of the
Port San Francisco or a designated representative.

DATES: This rule is effective from 12:01 a.m. on December 6, 2020 until
11:59 p.m. on December 20, 2020, or as announced via Broadcast Notice
to Mariners.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0540 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LT Jennae Cotton, Waterways Management, U.S. Coast Guard;
telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port San Francisco
DHS Department of Homeland Security
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking with
respect to this rule because it is impracticable. The Coast Guard did
not receive final details for this event until November 20, 2020. The
Coast Guard must establish this safety zone by December 6, 2020 and
lacks sufficient time to provide a reasonable comment period and
consider those comments before issuing the rule.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. It is contrary to the public
interest to delay the effective date of this rule because we need to
have the safety zone in place to protect vessels and persons from the
dangers associated with the crane arms extending over the water from
the M/V ZHEN HUA 35 between December 6, 2020 and December 20, 2020
while the vessel is shoreward of the line drawn between San Francisco
Main Ship Channel Lighted Bell Buoy 7 and San Francisco Main Ship
Channel Lighted Whistle Buoy 8 until the vessel arrives at Berth 57 in
Oakland, CA.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port San
Francisco has determined that potential hazards associated with the
transit of the M/V ZHEN HUA 35 between December 6, 2020 and December
20, 2020, will be a safety concern for anyone within a 500-foot radius
of the vessel during its transit to Oakland, Berth 57, while the vessel
is within the San Francisco Bay and areas shoreward of the line drawn
between San Francisco Main Ship Channel Lighted Bell Buoy 7 and San
Francisco Main Ship Channel Lighted Whistle Buoy 8 (LLNR 4190 & 4195)
in positions 37[deg]46.9' N, 122[deg]35.4' W and 37[deg]46.5' N,
122[deg]35.2' W, respectively. For this reason, a safety zone is needed
to protect personnel, vessels, and the marine environment in the
navigable waters around the M/V ZHEN HUA 35 during its transit to Berth
57 at the Oakland International Container Terminal in Oakland, CA.

IV. Discussion of the Rule

    This rule establishes a safety zone from 12:01 a.m. on December 6,
2020 until 11:59 p.m. on December 20, 2020, during the inbound transit
of the M/V ZHEN HUA 35. While the M/V ZHEN HUA 35 is within the San
Francisco Bay and areas shoreward of the line drawn between San
Francisco Main Ship Channel Lighted Bell Buoy 7 and San Francisco Main
Ship Channel Lighted Whistle Buoy 8 (LLNR 4190 & 4195) in positions
37[deg]46.9' N, 122[deg]35.4' W and 37[deg]46.5' N, 122[deg]35.2' W,
respectively, the safety zone will encompass the navigable waters
around and under the vessel, from surface to bottom, within a circle
formed by connecting all points 500 feet out from the vessel. The
safety zone is needed to protect personnel, mariners, and vessels from
hazards associated with ship-to-shore crane arms which will extend more
than 200 feet out from the transiting vessel. This loading
configuration is necessary in order for the vessel to pass safely under
the Golden Gate Bridge and the San Francisco-Oakland Bay Bridge.
    The M/V ZHEN HUA 35 will make a temporary stop in Anchorage 9
during its transit to the Oakland International Container Terminal. The
vessel will stop temporarily for the crew to make adjustments to the
cargo so the vessel can safely moor at Berth 57 in Oakland, CA. The
cargo adjustments will include raising three ship-to-shore crane arms
to an upright position which will facilitate mooring.
    The effect of the safety zone is to restrict navigation in the
vicinity of the M/V ZHEN HUA 35. Except for persons or vessels
authorized by the COTP or the COTP's designated representative, no
person or vessel may enter or remain in the restricted area.
``Designated representative'' means a Coast Guard Patrol Commander,
including a Coast Guard coxswain, petty officer, or other officer
operating a Coast Guard vessel or a Federal, State, or local officer
designated by or assisting the Captain of the Port San Francisco (COTP)
in the enforcement of the safety zone. This regulation is needed to
keep vessels away from the immediate vicinity of the M/V ZHEN HUA 35 to
ensure the safety of mariners and transiting vessels.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the limited
duration and narrowly tailored geographic area of the safety zone. This
safety zone impacts a 500-foot-radius area of the San Francisco Bay in
San Francisco, CA for a limited duration. While the safety zone
encompasses a two week period to account for uncertain transit delays
of the M/V ZHEN HUA 35, the safety zone will only be enforced for the
duration of the vessel's inbound transit, which is expected to last
less than 24 hours. Vessels desiring to transit through the safety zone
may do so upon express permission from the COTP or the COTP's
designated representative.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
temporary safety zone may be small entities, for the reasons stated in
section V.A. above, this rule will not have a significant economic
impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of

$100,000,000 (adjusted for inflation) or more in any one year. Though
this rule will not result in such an expenditure, we do discuss the
effects of this rule elsewhere in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01 and U.S. Coast Guard Environmental Planning Policy,
COMDTINST 5090.1 (series), which guide the Coast Guard in complying
with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-
4370f), and have determined that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This rule involves a safety zone which
prevents entry to a 500-foot radius area of the San Francisco Bay for a
limited period of time during a vessel's inbound transit. It is
categorically excluded from further review under paragraph L60(a) in
Table 3-1 of Department of Homeland Security Directive 023-01. A Record
of Environmental Consideration supporting this determination is
available in the docket where indicated under ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 46 U.S.C 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-6,
and 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.T11-035 to read as follows:

Sec.  165.T11-035  Safety Zone; Oakland Ship-to-Shore Crane Arrival,
San Francisco Bay, Oakland, CA

    (a) Location. The following area is a safety zone: all navigable
waters of the San Francisco Bay, from surface to bottom, within a
circle formed by connecting all points 500 feet out from the vessel, M/
V ZHEN HUA 35, during the vessel's inbound transit from a line drawn
between San Francisco Main Ship Channel Lighted Bell Buoy 7 and San
Francisco Main Ship Channel Lighted Whistle Buoy 8 (LLNR 4190 & 4195)
in positions 37[deg]46.9' N, 122[deg]35.4' W (NAD 83) and 37[deg]46.5'
N, 122[deg]35.2' W (NAD 83), respectively, to Berth 57 at the Oakland
International Container Terminal in Oakland, CA.
    (b) Definitions. As used in this section, ``designated
representative'' means a Coast Guard Patrol Commander, including a
Coast Guard coxswain, petty officer, or other officer operating a Coast
Guard vessel or a Federal, State, or local officer designated by or
assisting the Captain of the Port San Francisco (COTP) in the
enforcement of the safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in
subpart B of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
    (2) The safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or the COTP's designated representative.
    (3) Vessel operators desiring to enter or operate within the safety
zone must contact the COTP or the COTP's designated representative to
obtain permission to do so. Vessel operators given permission to enter
or operate in the safety zone must comply with all lawful orders or
directions given to them by the COTP or the COTP's designated
representative. Persons and vessels may request permission to enter the
safety zone on VHF-23A or through the 24-hour Command Center at
telephone<PHONE_NUMBER>.
    (d) Enforcement period. This section will be enforced between 12:01
a.m. on December 6, 2020 until 11:59 p.m. on December 20, 2020 during
the inbound transit of the M/V ZHEN HUA 35, or as announced via
Broadcast Notice to Mariners.
    (e) Information broadcasts. The COTP or the COTP's designated
representative will notify the maritime community of periods during
which this zone will be enforced, in accordance with 33 CFR 165.7.

Howard H. Wright,
Captain, U.S. Coast Guard, Alternate Captain of the Port, San
Francisco.
[FR Doc. 2020-26686 Filed 12-3-20; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 83, Number 142 (Tuesday, July 24, 2018)]
[Notices]
[Pages 35026-35028]
[FR Doc No: 2018-15773]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2006-0028]

MET Laboratories, Inc.: Application for Expansion of Recognition
and Proposed Modification to the NRTL Program's List of Appropriate
Test Standards

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice.

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

SUMMARY: In this notice, OSHA announces the application of MET
Laboratories, Inc., for expansion of its recognition as a Nationally
Recognized Testing Laboratory (NRTL) and presents the Agency's
preliminary finding to grant the application. Additionally, OSHA
proposes to add one new test standard to the NRTL Program's List of
Appropriate Test Standards.

DATES: Submit comments, information, and documents in response to this
notice, or requests for an extension of time to make a submission, on
or before August 8, 2018.

ADDRESSES: Submit comments by any of the following methods:
    Electronically: Submit comments and attachments electronically at
http://www.regulations.gov, which is the Federal eRulemaking Portal.
Follow the instructions online for making electronic submissions.
    Facsimile: If submissions, including attachments, are not longer
than 10 pages, commenters may fax them to the OSHA Docket Office at
(202) 693-1648.
    Regular or express mail, hand delivery, or messenger (courier)
service: Submit comments, requests, and any attachments to the OSHA
Docket Office, Docket No. OSHA-2006-0028, Technical Data Center, U.S.
Department of Labor, 200 Constitution Avenue NW, Room N-3653,
Washington, DC 20210; telephone:<PHONE_NUMBER> (TTY number: (877) 889-
5627). Note that security procedures may result in significant delays
in receiving comments and other written materials by regular mail.
Contact the OSHA Docket Office for information about security
procedures concerning delivery of materials by express mail, hand
delivery, or messenger service. The hours of operation for the OSHA
Docket Office are 10:00 a.m.-3:00 p.m., ET.
    Instructions: All submissions must include the agency name and the
OSHA docket number (OSHA-2006-0028). OSHA places comments and other
materials, including any personal information, in the public docket
without revision, and these materials will be available online at
http://www.regulations.gov. Therefore, the agency cautions commenters
about submitting statements they do not want made available to the
public, or submitting comments that contain personal information
(either about themselves or others) such as Social Security numbers,
birth dates, and medical data.
    Docket: To read or download submissions or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the above address. All documents in the docket are listed in the http://www.regulations.gov index; however, some information (e.g.,
copyrighted material) is not publicly available to read or download
through the website. All submissions, including copyrighted material,
are available for inspection at the OSHA Docket Office. Contact the
OSHA Docket Office for assistance in locating docket submissions.
    Extension of comment period: Submit requests for an extension of
the comment period on or before August 8, 2018 to the Office of
Technical Programs and Coordination Activities, Directorate of
Technical Support and Emergency Management, Occupational Safety and
Health Administration, U.S. Department of Labor, 200 Constitution
Avenue NW, Room N-3653, Washington, DC 20210, or by fax to (202) 693-
1644.

FOR FURTHER INFORMATION CONTACT: Information regarding this notice is
available from the following sources:
    Press inquiries: Contact Mr. Frank Meilinger Director, OSHA Office
of Communications, phone: (202) 693-

1999 or email: [email protected].
    General and technical information: Contact Mr. Kevin Robinson,
Director, Office of Technical Programs and Coordination Activities,
Directorate of Technical Support and Emergency Management, Occupational
Safety and Health Administration, phone:<PHONE_NUMBER> or email:
[email protected].

SUPPLEMENTARY INFORMATION:

I. Notice of the Application for Expansion

    The Occupational Safety and Health Administration is providing
notice that MET Laboratories, Inc. (MET), is applying for expansion of
its current recognition as a NRTL. MET requests the addition of one
test standard to its NRTL scope of recognition.
    OSHA recognition of a NRTL signifies that the organization meets
the requirements specified in 29 CFR 1910.7. Recognition is an
acknowledgment that the organization can perform independent safety
testing and certification of the specific products covered within its
scope of recognition. Each NRTL's scope of recognition includes (1) the
type of products the NRTL may test, with each type specified by its
applicable test standard; and (2) the recognized site(s) that has/have
the technical capability to perform the product-testing and product-
certification activities for test standards within the NRTL's scope.
Recognition is not a delegation or grant of government authority;
however, recognition enables employers to use products approved by the
NRTL to meet OSHA standards that require product testing and
certification.
    The Agency processes applications by a NRTL for initial recognition
and for an expansion or renewal of this recognition, following
requirements in Appendix A to 29 CFR 1910.7. This appendix requires
that the Agency publish two notices in the Federal Register in
processing an application. In the first notice, OSHA announces the
application and provides a preliminary finding. In the second notice,
the Agency provides a final decision on the application. These notices
set forth the NRTL's scope of recognition or modifications of that
scope. OSHA maintains an informational web page for each NRTL,
including MET, which details the NRTL's scope of recognition. These
pages are available from the OSHA website at http://www.osha.gov/dts/otpca/nrtl/index.html.
    MET currently has one facility (site) recognized by OSHA for
product testing and certification, with its headquarters located at:
MET Laboratories, Inc., 914 West Patapsco Avenue, Baltimore, Maryland
21230. A complete list of MET's scope of recognition is available at
https://www.osha.gov/dts/otpca/nrtl/met.html.

II. General Background on the Application

    MET submitted an application, dated January 29, 2016 (OSHA-2006-
0028-0046), to expand its recognition to include one additional test
standard. OSHA staff performed a detailed analysis of the application
packet and reviewed other pertinent information. OSHA did not perform
any on-site reviews in relation to this application.
    Table 1, below, lists the appropriate test standard found in MET's
application for expansion for testing and certification of products
under the NRTL Program.

 Table 1--Proposed Appropriate Test Standard for Inclusion in MET's NRTL
                          Scope of Recognition
------------------------------------------------------------------------
            Test standard                     Test standard title
------------------------------------------------------------------------
UL 1598C *..........................  Standard for Light Emitting Diode
                                       (LED) Retrofit Luminaire
                                       Conversion Kits.
------------------------------------------------------------------------
* Represents the standard that OSHA proposes to add to the NRTL
  Program's List of Appropriate Test Standards.

III. Proposal To Add New Test Standard to the NRTL Program's List of
Appropriate Test Standards

    Periodically, OSHA will propose to add new test standards to the
NRTL list of appropriate test standards following an evaluation of the
test standard document. To qualify as an appropriate test standard, the
Agency evaluates the document to (1) verify it represents a product
category for which OSHA requires certification by a NRTL, (2) verify
the document represents an end product and not a component, and (3)
verify the document defines safety test specifications (not
installation or operational performance specifications). OSHA becomes
aware of new test standards through various avenues. For example, OSHA
may become aware of new test standards by: (1) Monitoring notifications
issued by certain Standards Development Organizations; (2) reviewing
applications by NRTLs or applicants seeking recognition to include new
test standards in their scopes of recognition; and (3) obtaining
notification from manufacturers, manufacturing organizations,
government agencies, or other parties. OSHA may determine to include a
new test standard in the list, for example, if the test standard is for
a particular type of product that another test standard also covers or
it covers a type of product that no standard previously covered.
    In this notice, OSHA proposes to add one new test standard to the
NRTL Program's List of Appropriate Test Standards. Table 2, below,
lists the test standard that is new to the NRTL Program. OSHA
preliminarily determined that this test standard is an appropriate test
standard and proposes to include it in the NRTL Program's List of
Appropriate Test Standards. OSHA seeks public comment on this
preliminary determination.

  Table 2--Test Standard OSHA Is Proposing To Add to the NRTL Program's
                   List of Appropriate Test Standards
------------------------------------------------------------------------
            Test standard                     Test standard title
------------------------------------------------------------------------
UL 1598C *..........................  Standard for Light Emitting Diode
                                       (LED) Retrofit Luminaire
                                       Conversion Kits.
------------------------------------------------------------------------

III. Preliminary Findings on the Application

    MET submitted an acceptable application for expansion of its scope
of recognition. OSHA's review of the application file, and pertinent
documentation, indicate that MET can meet the requirements prescribed
by 29 CFR 1910.7 for expanding its recognition to include the addition
of this one test standard for NRTL testing and certification listed in
Table 2. This preliminary finding does not constitute an interim or
temporary approval of MET's application.
    OSHA welcomes public comment as to whether MET meets the
requirements of 29 CFR 1910.7 for expansion of its recognition as a
NRTL. Comments should consist of pertinent written documents and
exhibits. Commenters needing more time to comment must submit a request
in writing, stating the reasons for the request. Commenters must submit
the written request for an extension by the due date for comments. OSHA
will limit any extension to 10 days unless the requester justifies a
longer period. OSHA may deny a request for an extension if the request
is not adequately justified. To obtain or review copies of the exhibits
identified in this notice, as well as comments submitted to the docket,
contact the Docket Office, at the above address. These materials also
are available online at http://www.regulations.gov under Docket No.
OSHA-2006-0028.
    OSHA staff will review all comments to the docket submitted in a
timely manner and, after addressing the issues

raised by these comments, will make a recommendation to the Assistant
Secretary for Occupational Safety and Health whether to grant MET's
application for expansion of its scope of recognition. The Assistant
Secretary will make the final decision on granting the application. In
making this decision, the Assistant Secretary may undertake other
proceedings prescribed in Appendix A to 29 CFR 1910.7.
    OSHA will publish a public notice of its final decision in the
Federal Register.

IV. Authority and Signature

    Loren Sweatt, Deputy Assistant Secretary of Labor for Occupational
Safety and Health, authorized the preparation of this notice.
Accordingly, the Agency is issuing this notice pursuant to 29 U.S.C.
657(g)(2), Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25,
2012), and 29 CFR 1910.7.

    Signed at Washington, DC, on July 18, 2018.
Loren Sweatt,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2018-15773 Filed 7-23-18; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register Volume 85, Number 206 (Friday, October 23, 2020)]
[Notices]
[Page 67536]
[FR Doc No: 2020-23482]

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ENVIRONMENTAL PROTECTION AGENCY

[ER-FRL-9053-5]

Environmental Impact Statements; Notice of Availability

    Responsible Agency: Office of Federal Activities, General
Information<PHONE_NUMBER> or https://www.epa.gov/nepa.

Weekly receipt of Environmental Impact Statements (EIS)
Filed October 9, 2020 10 a.m. EST Through October 19, 2020 10 a.m. EST
Pursuant to 40 CFR 1506.9.

    Notice: Section 309(a) of the Clean Air Act requires that EPA make
public its comments on EISs issued by other Federal agencies. EPA's
comment letters on EISs are available at: https://cdxnodengn.epa.gov/cdx-enepa-public/action/eis/search.

EIS No. 20200206, Draft Supplement, NRCS, MO, East Locust Creek
Watershed Revised Plan, Comment Period Ends: 12/07/2020, Contact: Chris
Hamilton<PHONE_NUMBER>.
EIS No. 20200207, Final, BIA, CA, Tejon Trust Acquisition and Casino
Project, Review Period Ends: 11/23/2020, Contact: Chad Broussard 916-
978-6165.
EIS No. 20200208, Final, BLM, WY, Final Resource Management Plan
Amendments/Environmental Impact Statement Wyoming Pipeline Corridor
Initiative, Review Period Ends: 11/23/2020, Contact: Heather Schultz
307-775-6084.

    Dated: October 19, 2020.
Cindy S. Barger,
Director, NEPA Compliance Division, Office of Federal Activities.
[FR Doc. 2020-23482 Filed 10-22-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 29 (Tuesday, February 14, 2017)]
[Notices]
[Pages 10611-10613]
[FR Doc No: 2017-02909]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79988; File No. SR-ICC-2017-002]

Self-Regulatory Organizations; ICE Clear Credit LLC; Notice of
Proposed Rule Change, Security-Based Swap Submission, or Advance Notice
Relating to ICC's Liquidity Thresholds for Euro Denominated Products

February 8, 2017.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4,\2\ notice is hereby given that on January
27, 2017, ICE Clear Credit LLC (``ICC'') filed with the Securities and
Exchange Commission (``Commission'') the proposed rule change,
security-based swap submission, or advance notice as described in Items
I, II and III below, which Items have been primarily prepared by ICC.
The Commission is publishing this notice to solicit comments on the
proposed rule change,

security-based swap submission, or advance notice from interested
persons.
---------------------------------------------------------------------------

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

I. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change, Security-Based Swap Submission, or Advance Notice

    The principal purpose of the proposed changes is to amend the ICC
Clearing Rules (``ICC Rules''), the ICC Treasury Operations Policies
and Procedures, and the ICC Liquidity Risk Management Framework to
update ICC's liquidity thresholds for Euro denominated products.

II. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change, Security-Based Swap Submission, or
Advance Notice

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

A. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change, Security-Based Swap Submission, or
Advance Notice

    The proposed revisions are intended to update ICC's liquidity
thresholds for Euro denominated products. Currently, for Euro
denominated products, 65% of Clearing Participant Non-Client Initial
Margin and Guaranty Fund Liquidity Requirements (``Non-Client Liquidity
Requirements'') must be posted in Euro cash and the next 35% may be
posted in Euro cash, United States (``U.S.'') Dollar cash, U.S.
Treasury securities, and/or other G7 cash. ICC proposes updating the
liquidity thresholds for Euro denominated products, set forth in
Schedule 401 of the ICC Rules, to require the first 45% of Non-Client
Liquidity Requirements to be satisfied with Euro cash. The next 20% may
be posted in Euro cash or U.S. Dollar cash, and the final 35% may be
posted in Euro cash, U.S. Dollar cash, U.S. Treasury securities, and/or
other G7 cash. The 45% minimum percentage requirement is equivalent to
the maximum assumed one day movement in Initial Margin (assuming a 5-
day risk horizon).
    The proposed revisions will provide Clearing Participants with the
option to cover 20% of the current Euro liquidity threshold with either
Euro cash or U.S. Dollar cash. ICC's Euro liquidity will not be
negatively impacted by the proposed changes as ICC's committed foreign
exchange (``FX'') facility provides for same day settled spot FX
transactions. The facility allows ICC to use available U.S. Dollar cash
to convert into Euro cash to meet a Euro liquidity need, for example in
the unlikely event of a Clearing Participant default when Euro cash is
needed for liquidity but only U.S. Dollar cash is available.\3\
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 34-78566 (Aug. 12,
2016), 81 FR 55254 (Aug. 18, 2016) (File No. SR-ICC-2016-009).
---------------------------------------------------------------------------

    The ICC Treasury Operations Policies and Procedures and ICC
Liquidity Risk Management Framework have also been updated to reflect
the update to ICC's Non-Client Liquidity Requirements for Euro
denominated products. The changes to the Euro cash Non-Client Liquidity
Requirements do not require any operational changes.
    Section 17A(b)(3)(F) of the Act \4\ requires, among other things,
that the rules of a clearing agency be designed to promote the prompt
and accurate clearance and settlement of securities transactions and,
to the extent applicable, derivative agreements, contracts, and
transactions; to assure the safeguarding of securities and funds which
are in the custody or control of the clearing agency or for which it is
responsible; and to comply with the provisions of the Act and the rules
and regulations thereunder. ICC believes that the proposed rule changes
are consistent with the requirements of the Act and the rules and
regulations thereunder applicable to ICC, in particular, to Section
17A(b)(3)(F),\5\ because ICC believes that the update to its liquidity
thresholds for Euro denominated products will promote the prompt and
accurate clearance and settlement of securities transactions,
derivatives agreements, contracts, and transactions, and contribute to
the safeguarding of securities and funds associated with security-based
swap transactions in ICC's custody or control, or for which ICC is
responsible. The proposed update to ICC's liquidity thresholds for Euro
denominated products will permit Clearing Participants to post more
U.S. Dollar cash to meet Euro Non-Client Liquidity Requirements. Given
the fact that, to the extent possible, ICC deposits U.S. Dollar cash in
its account at the Federal Reserve Bank of Chicago, the use of
additional U.S. Dollar cash provides superior safety and security for
depositors, as the U.S. Dollar cash is held in a manner whereby risk of
loss or of delay in access to them is minimized, consistent with
Section 17A(b)(3)(F) \6\ and Rule 17Ad-22(d)(3).\7\
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78q-1(b)(3)(F).
    \5\ Id.
    \6\ Id.
    \7\ 17 CFR 240.17Ad-22(d)(3).
---------------------------------------------------------------------------

    Additionally, the change to the liquidity thresholds for Euro
denominated products will not adversely impact ICC's liquidity levels
because ICC's committed FX facility provides for same day settled spot
FX transactions, which allows ICC to use available U.S. Dollar cash to
convert into Euro cash to meet a Euro liquidity need. As such, the
proposed change would increase the safety and security of ICC's assets
without any diminishment of its ability to meet its liquidity needs.
Further, the changes promote liquidity and ensure assets are available
in the event of a participant default. As previously stated, ICC will
hold the additional U.S. Dollar cash at the Federal Reserve Bank of
Chicago. In doing so, ICC reduces the likelihood that assets securing
participant obligations would be unavailable when ICC needs to draw on
them, thus safeguarding ICC's ability to meet its settlement
obligations. For the foregoing reasons, the updated liquidity
thresholds for Euro denominated products are designed consistent with
ICC's objective to promote the prompt and accurate clearance and
settlement of securities transactions, derivatives agreements,
contracts, and transactions, and contribute to the safeguarding of
securities and funds associated with security-based swap transactions
in ICC's custody or control, or for which ICC is responsible,
consistent with Section 17A(b)(3)(F).\8\
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

    In addition, the proposed revisions are consistent with the
relevant requirements of Rule 17Ad-22.\9\ ICC's Euro liquidity or
financial resources will not be negatively impacted by the proposed
changes as ICC's committed FX facility provides for same day settled
spot FX transactions, to convert U.S. Dollar cash into Euro cash. As
such, the changes are therefore reasonably designed to meet the
requirements of Rule 17Ad-22(b)(3).\10\
---------------------------------------------------------------------------

    \9\ 17 CFR 240.17Ad-22.
    \10\ 17 CFR 240.17Ad-22(b)(3).
---------------------------------------------------------------------------

B. Clearing Agency's Statement on Burden on Competition

    ICC does not believe the proposed rule change would have any
impact, or impose any burden, on competition. The proposed update to
ICC's liquidity thresholds for Euro denominated

products applies consistently across all market participants and the
implementation of the proposed liquidity thresholds for Euro
denominated products does not preclude the implementation of similar
changes by other market participants. Therefore, ICC does not believe
the update to its liquidity thresholds for Euro denominated products
imposes any burden on competition that is inappropriate in furtherance
of the purposes of the Act.

C. Clearing Agency's Statement on Comments on the Proposed Rule Change,
Security-Based Swap Submission, or Advance Notice Received From
Members, Participants or Others

    Written comments relating to the proposed rule change have not been
solicited or received. ICC will notify the Commission of any written
comments received by ICC.

III. Date of Effectiveness of the Proposed Rule Change, Security-Based
Swap Submission, or Advance Notice 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, security-based swap submission, or advance notice 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-ICC-2017-002 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ICC-2017-002. 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, security-
based swap submission, or advance notice that are filed with the
Commission, and all written communications relating to the proposed
rule change, security-based swap submission, or advance notice between
the Commission and any person, other than those that may be withheld
from the public in accordance with the provisions of 5 U.S.C. 552, will
be available for Web site viewing and printing in the Commission's
Public Reference Room, 100 F Street NE., Washington, DC 20549, on
official business days between the hours of 10:00 a.m. and 3:00 p.m.
Copies of such filings will also be available for inspection and
copying at the principal office of ICE Clear Credit and on ICE Clear
Credit's Web site at https://www.theice.com/clear-credit/regulation.
    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-ICC-2017-002
and should be submitted on or before March 7, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-02909 Filed 2-13-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 244 (Friday, December 19, 2014)]
[Notices]
[Pages 75799-75800]
[FR Doc No: 2014-29707]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. NJ15-4-000]

Orlando Utilities Commission; Notice of Filing

    Take notice that on December 2, 2014, Orlando Utilities Commission
submits tariff filing 35.28(e): Refile Order No. 1000 Compliance with
Order on Rehearing to be effective 1/1/2015.\1\
---------------------------------------------------------------------------

    \1\ Transmission Planning and Cost Allocation by Transmission
Owning and Operating Public Utilities, 136 FERC ] 61,051 (2011),
order on reh'g and clarification, 139 FERC ] 61,132 (2012) (Order
No. 1000-A), order on reh'g and clarification, 141 FERC ] 61,044
(2012) (Order No. 1000-B).
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    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, 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 on or before the comment date. On or
before the comment date, it is not necessary to 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 email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on December 29, 2014.

    Dated: December 8, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-29707 Filed 12-18-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 146 (Monday, August 1, 2022)]
[Rules and Regulations]
[Pages 46890-46891]
[FR Doc No: 2022-16317]

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

40 CFR Part 52

[EPA-R02-OAR-2021-0912; FRL-9613-02-R2]

Approval of Air Quality Implementation Plans; New Jersey; Removal
of Excess Emissions Provision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of New
Jersey, through the New Jersey Department of Environmental Protection,
on December 14, 2017. The revision submitted by New Jersey was in
response to a finding of substantial inadequacy and a SIP call
published on June 12, 2015, for a provision in the New Jersey SIP
related to excess emissions during startup, shutdown, and malfunction
(SSM) events. The EPA is approving the SIP revision to correct the
deficiency identified in the June 12, 2015, SIP call.

DATES: This final rule is effective on August 31, 2022.

ADDRESSES: The EPA has established a docket for this action under
Docket ID Number EPA-R02-OAR-2021-0912. All documents in the docket are
listed on the www.regulations.gov website. Although listed in the
index, some information is not publicly available, e.g., 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 electronically through www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Edward J. Linky, EPA Region 2, 290
Broadway, 25th floor, New York, New York 10007-1866,<PHONE_NUMBER>; or
email [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we'' or
``our'' is used, it refers to EPA.

Table of Contents

I. What is the background for this action?
II. What comments were received in response to this proposed action?
III. What action is the EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Orders Review

I. What is the background for this action?

    On April 22, 2022, we proposed to approve a SIP revision submitted
by the State of New Jersey, through the New Jersey Department of
Environmental Protection, on December 14, 2017. (87 FR 24090, April 22,
2022). In that proposal we also proposed to determine that the SIP
revision corrects the deficiency with respect to New Jersey that we
identified in our June 12, 2015, action entitled ``State Implementation
Plans: Response to Petition for Rulemaking; Restatement and Update of
EPA's SSM Policy Applicable to SIPs; Findings of Substantial
Inadequacy; and SIP Calls To Amend Provisions Applying to Excess
Emissions During Periods of Startup, Shutdown and Malfunction'' (``June
12, 2015 SIP call'') (80 FR 33839, June 12, 2015). The reasons for our
proposed approval and determination are stated in the proposed action
(87 FR 24090) and will not be restated here.

II. What comments were received in response to this proposed action?

    In response to the EPA's April 22, 2022, proposed rulemaking on New
Jersey's SIP revisions, the EPA received one comment from the Sierra
Club commending the EPA for proposing to approve New Jersey's revision
and requesting a quick final approval of the SIP revision. The EPA
acknowledges the supportive comment. The comment may be viewed under
Docket ID Number EPA-R02-OAR-2021-0912 on the regulations.gov website.

III. What action is the EPA taking?

    The EPA is approving New Jersey's December 14, 2017, request to
approve a revised New Jersey Administrative Code, Title 7, Chapter 27,
Subchapter 7.2(k) (N.J. Admin. Code 7:27-7.2(k)) which removes N.J.
Admin. Code 7:27-7.2(k)(2) from the New Jersey SIP. EPA has also
determined this SIP revision corrects the deficiency identified in the
June 12, 2015 SIP call.

IV. Incorporation by Reference

    In this document, the EPA is finalizing regulatory text that
includes incorporation by reference. In accordance with requirements of
1 CFR 51.5, the EPA is finalizing the incorporation by reference of
N.J. Admin. Code 7:27-7 and N.J. Admin. Code 7:27-7.2(k), listed in the
amendments to 40 CFR part 52 set forth below and described in paragraph
I. of this preamble. The EPA has made, and will continue to make, these
materials generally available through www.regulations.gov and at the
EPA Region 2 Office (please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of this preamble for more
information). Therefore, these materials have been approved by the EPA
for inclusion in the State Implementation Plan, have been incorporated
by reference by the EPA into that plan, are fully federally enforceable
under sections 110 and 113 of the CAA as of the effective date of the
final rulemaking of the EPA's approval, and will be incorporated by
reference in the next update to the SIP compilation.

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the

provisions of the Act and applicable Federal regulations. 42 U.S.C.
7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's
role is to approve state choices, provided that they meet the criteria
of the Clean Air Act. Accordingly, this action merely approves state
law as meeting Federal requirements and does not impose additional
requirements beyond those imposed by state law. For that reason, this
action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP 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).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by September 30, 2022. 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 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements, Sulfur oxides.

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

Lisa Garcia,
Regional Administrator, Region 2.
    For the reasons set forth in the preamble, 40 CFR part 52 is
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart FF--New Jersey

0
2. In Sec.  52.1570, the table in paragraph (c) is amended by revising
the entry for ``Title 7, Chapter 27, Subchapter 7'' and adding an entry
in numerical order for ``Title 7, Chapter 27, Subchapter 7.2(k)'' to
read as follows:

Sec.  52.1570  Identification of Plan.

* * * * *
    (c) * * *

                               EPA-Approved New Jersey State Regulations and Laws
----------------------------------------------------------------------------------------------------------------
                                                        State effective
         State citation              Title/subject           date          EPA approval date       Comments
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Title 7, Chapter 27, Subchapter   Sulfur............  March 1, 1967.....  May 31, 1972, 37    Subchapter 7.2(k)
 7.                                                                        FR 10880.           is no longer
                                                                                approved due to
                                                                                EPA action on
                                                                                August 1, 2022,
                                                                                [insert Federal
                                                                                Register
                                                                                citation].
Title 7, Chapter 27, Subchapter   Commercial fuel     November 6, 2017..  August 1, 2022,
 7.2(k).                           exemption.                              [insert Federal
                                                                           Register
                                                                           citation].

                                                  * * * * * * *
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* * * * *
[FR Doc. 2022-16317 Filed 7-29-22; 8:45 am]
BILLING CODE 6560-50-P