[Federal Register Volume 83, Number 13 (Friday, January 19, 2018)]
[Notices]
[Pages 2855-2858]
[FR Doc No: 2018-00853]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82496; File No. SR-ICEEU-2017-016]

Self-Regulatory Organizations; ICE Clear Europe Limited; Notice
of Proposed Rule Change, Security-Based Swap Submission or Advance
Notice Relating to the ICE Clear Europe Recovery Plan

January 12, 2018.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on December 29, 2017, ICE Clear Europe Limited (``ICE Clear Europe'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule changes described in Items I, II and III below, which
Items have been prepared by ICE Clear Europe. 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, Security-Based Swap Submission, or Advance Notice

    Consistent with its obligations under applicable laws and
regulations,\3\ ICEU has adopted a Recovery Plan identifying certain
critical clearing services it provides and addressing its tools,
mechanisms and options for addressing scenarios that threaten its
ability to continue to provide such services.
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    \3\ As discussed in further detail herein, ICE Clear Europe is
required to establish a recovery plan under relevant provisions of
the UK Financial Services and Markets Act 2000 (Recognition
Requirements for Investment Exchanges and Clearing Houses)
Regulations 2001 (SI/2001/1995) and Commission Rule 17Ad-
22(e)(3)(ii), 17 CFR 240.17Ad-22(e)(3)(ii).
    The Plan is also designed to be consistent with the Committee on
Payments and Market Infrastructures (``CPMI'')--International
Organization of Securities Commissions (``IOSCO'') Principles for
Financial Market Infrastructures (``PFMIs''), including supplemental
guidance from CPMI-IOSCO which includes its report on ``Recovery of
financial market infrastructures'' published in October 2014 and
revised July 2017 (the ``Recovery Guidance'').
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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, ICE Clear Europe included
statements concerning the purpose of and basis for the proposed rule
change and discussed any comments it received on the proposed rule
change. The text of these statements may be examined at the places
specified in Item IV below. ICE Clear Europe has prepared summaries,
set forth in sections (A), (B), and (C) below, of the most significant
aspects of such 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

(a) Purpose
    Consistent with its obligations under applicable laws and
regulations, ICE Clear Europe has adopted a Recovery Plan. The Recovery
Plan is based on, and is intended to be consistent with, ICEU's
Clearing Rules (the ``Rules'') \4\ and Procedures, as well as its
existing risk management frameworks, policies and procedures.
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    \4\ Capitalized terms used but not defined herein have the
meanings specified in the Rules.
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Overview of the Recovery Plan
    The Recovery Plan identifies the critical services that ICEU
provides, and the business functions that support those services. In
ICEU's view, its clearing services (for both the F&O and CDS product
categories), and its related treasury and banking services, represent
its critical services. The Recovery Plan outlines a number of firm-
specific and market-wide stress scenarios that, in ICEU's
determination, may result in significant losses or liquidity shortfall,
suspension or failure of its critical services and related functions
and systems, and damage to other market infrastructure, with resulting
uncertainty in the markets for which ICEU clears. These include both
losses from Clearing Member default and non-default loss scenarios. The
Recovery Plan further evaluates different impact categories and
severity levels of these stress scenarios. The Recovery Plan then
addresses the tools, mechanisms and options (``Recovery Options'') upon
which ICEU may draw (based on its existing Rules, Procedures and
policies and frameworks) in order to address a stress scenario and
continue to provide its critical services, and the actions to implement
those options (including appropriate escalation and early warning
procedures). The Recovery Plan also addresses communication with
regulators and other relevant stakeholders and related governance
issues. The Recovery Plan further considers the implications of certain
situations that may be beyond its control, such as interdependencies
with other institutions.
    The Recovery Plan also addresses the roles and responsibility of
ICEU Board, management and other personnel, including with respect to
development, review and approval, testing and maintenance and liaison
with relevant regulatory authorities. The Recovery Plan also includes a
description of ICEU, its organizational structure, its applicable
regulatory regime and the standards and guidelines that have informed
the Recovery Plan. The Recovery Plan is based on the Rules and
Procedures of the clearing house as they are in effect, and does not
itself change the rights and obligations of the clearing house or its
Clearing Members thereunder.
Critical Services and Functions
    As noted above, ICEU has determined that both its F&O and CDS
product category clearing services, as well as its related treasury and
banking services, are critical services. The Recovery Plan sets out the
methodology used by the clearing house in assessing the criticality of
services for this purpose. ICEU has also identified the front-end
business functions and support areas

(including IT services) that support these critical services. In
particular, the Recovery Plan identifies the particular IT systems and
services used by ICEU in providing its clearing services (including
trade management systems, collateral management systems, risk systems
and delivery systems). The Recovery Plan notes the locations from which
these services are provided and, in cases where the services are
provided by an affiliate or other third party, identifies that party.
The Recovery Plan also identifies other key service providers on which
ICEU relies, including custodians, concentration banks, other approved
payment banks, investment managers and delivery services providers. The
Recovery Plan considers the key services provided by ICE affiliates in
support of the ICEU clearing activities, including information
technology and risk management services.
Stress Scenarios
    The Recovery Plan analyzes different stress scenarios that may
affect ICEU's ability to continue to provide its critical services. The
two relevant categories of stress scenarios are default losses and non-
default losses. Default losses for this purpose are losses suffered by
ICEU as a result of the default of one or more Clearing Member(s). Non-
default losses are those suffered by ICEU from identified general
business and operational risk events, investment losses, system outages
or world-wide or regional political or macroeconomic events. In both
categories, ICEU also considers losses resulting from liquidity risks
and from the risk of contagion. ICEU uses a risk-based approach to
scenario analysis, consisting of different impact categories and
severity levels. Specifically, ICEU looks at impacts in five areas:
Financial and operational impacts (affecting ICEU's own finances),
Clearing Members and their customers (affecting their financial
viability), other group infrastructure (affecting the efficiency or
effectiveness of other related ICE entities (including exchanges
cleared by ICEU), legal and regulatory considerations and macroeconomic
(affecting market operations and market stability).
    In terms of impact severity, ICEU assesses scenarios in categories
of low, moderate, high, very high and severe. In the context of a
default loss, a low severity impact would include a loss contained to
the financial resources of the defaulting Clearing Member. By contrast,
an event with a severe impact level would be expected to exhaust the
funded resources of the clearing house (including ICEU's contribution
and the Guaranty Fund contributions of non-defaulting Clearing
Members). Other intermediate severity levels will involve corresponding
levels of resource consumption and impact on the clearing house. For
non-default losses, a low severity is generally defined as a loss of
less than 25% of capital resources or a loss having no direct impact on
Clearing Members. By contrast, a severe non-default loss would be one
in excess of 75% of capital resources are used, or one that otherwise
involves a severe degradation of operations. The Recovery Plan
contemplates that the range of responses to a loss scenario, including
the potential Recovery Options used, will depend on the severity level
(with low severity loss events involving limited or no use of Recovery
Options, and severe loss scenarios requiring use of all of the
available Recovery Options). The Recovery Plan also contemplates
different levels of coordination with other CCPs, market participants,
regulators and others depending on the severity of the event.
Recovery Options
    The Recovery Plan sets out the likely Recovery Options that ICEU
may implement depending upon the severity of the impact of the
scenario, as discussed above. The Recovery Options are based on the
rights and obligations of the clearing house under the Rules,
Procedures, Risk Management Framework, Default Management Framework,
Liquidity Risk Management Framework and other relevant policies and
procedures.
    The Recovery Plan considers a non-exhaustive list of available
Recovery Options in terms of a number of factors, including the speed
with which each option can be implemented, the impact on the clearing
house, the impact on Clearing Members and their customers, and the
effect on other market infrastructure. The Recovery Plan analyzes loss
impact and the use of Recovery Tools separately for F&O defaults, CDS
defaults and non-default losses. In general, in the case of default
losses, relevant Recovery Options include, consistent with the Rules,
powers of assessment, use of a default auction in accordance with
auction procedures to fully unwind the defaulter's portfolio (for F&O
contracts), forced allocation, to the extent the defaulter's positions
cannot otherwise be unwound (for CDS contracts), variation margin gains
haircutting (for F&O contracts), porting of client positions and
clearing service termination (for F&O contracts).\5\ In terms of non-
default losses, Recovery Options include emergency liquidity
facilities, investment loss allocation to Clearing Members to the
extent permitted by the Rules and service closure. The Plan contains
greater detail regarding how each tool assists with the recovery
process. Consistent with the Default Management Framework, the Recovery
Plan is intended to be flexible and provide a structure and guidance to
management. It is not designed to be prescriptive and it recognizes
that the actions to be taken by the clearing house may vary depending
on the prevailing circumstances which lead to the default rules being
implemented. The Recovery Plan also examines the reliability,
timeliness and legal basis of different Recovery Options.
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    \5\ ICEU notes that it is preparing to propose certain
amendments to its Rules relating to Recovery Options with respect to
CDS contracts, to provide for auctions and variation margin gains
haircutting and to eliminate forced allocation, among other changes.
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Recovery Option Application
    The Recovery Plan outlines the situations (and sequence) in which
each of the Recovery Options is likely to be used, recognizing that the
clearing house has discretion as to the particular actions to take in a
default or non-default loss scenario. In general, use of Recovery
Options is expected in extreme circumstances where losses exceed pre-
funded resources of the clearing house. The Recovery Plan specifies the
expected bases for using Recovery Options, such as powers of assessment
and variation margin gains haircutting. It further specifies the
decision-making process for the use of such options, separately for
default and non-default loss scenarios. These arrangements generally
specify a particular scenario in which a Recovery Option may be used,
along with the key decision-makers involved. In most cases, under the
Rules and the default management frameworks, the decision will be made
by the ICEU president and managing director pursuant to the authority
delegated by the Board, for both default and non-default loss events.
In the case of default events, such actions would be taken having
regard to the advice of the default management committee. In practice,
the president, where appropriate and time permitting, would be expected
to consult with the Board or with individual Board members before
taking significant actions. The president may also call an emergency
Board meeting or make Board members aware of the current position. The
president will

report decisions to the Board at the next formal Board meeting. If the
President is absent, the Chief Operating Officer will act in his stead.
    The Recovery Plan recognizes the importance of clear communications
and contemplates that use of Recovery Options would be expected to be
implemented through close discussions with the ICEU Board, ICEU Board
Risk Committee, Clearing Members, regulators, shareholders and other
stakeholders. The Recovery Plan recognizes the risk that ICEU's actions
could cause contagion and envisages communication with regulators and
other financial market infrastructures to mitigate such effects.
    The Recovery Plan also sets out a series of early warning
indicators and tools intended to notify ICEU management that use of
Recovery Options may be required, and where possible, avoid the need
for such actions. These include liquidity forecasting and monitoring,
use of a conservative approach to counterparty credit analyses and
establishment of margin and Guaranty Fund requirements, use of
comprehensives risk metrics to monitor Clearing Member financial
performance, back-testing and stress testing, and other assessments.
The clearing house also retains the mechanisms and resources to take
prompt decisions, and allow an immediate response to an emerging
situation. The Recovery Plan sets out detailed lists of potential early
warning indications of a potential loss scenario, such as repeated non-
compliance by a Clearing Member with membership or other requirements,
actions taken by regulators or other governmental authorities with
respect to a Clearing Member, certain quantitative factors,
restructuring and similar events. The Recovery Plan outlines particular
means of monitoring for potential loss scenarios following such
indications.
Limitations of the Recovery Plan and Related Monitoring
    The Recovery Plan has set out arrangements for identifying and
responding to structural weaknesses in governance and risk management
that may be identified in a default event or non-default event. ICEU's
tools to address such potential weaknesses include: Default tests,
operational risk measures (including for business continuity and
disaster recovery purposes), an operational oversight committee,
internal audit and consultation with external legal counsel.
    The Recovery Plan also notes certain potential limitations of the
Recovery Plan, including the risk of potential legal uncertainty (such
as a challenge by Clearing Members or other market participants to the
use of Recovery Options, notwithstanding the protections available to
ICEU under applicable law and the legal diligence conducted by the
clearing house with respect to its Rules and policies and procedures).
The Recovery Plan also identifies risks of reliance on third party
market infrastructures, and notes that the risk of such infrastructure
being unavailable is contemplated in stress scenarios. The Recovery
Plan also notes ICEU's reliance on the continued support of
Intercontinental Exchange, Inc., including as to technology,
replenishment of capital resources and business continuity and disaster
recovery.
Governance
    The overall accountability for the Recovery Plan lies with the ICEU
President. The Recovery Plan was prepared with the active involvement
of the management of ICEU. The Recovery Plan is reviewed and approved
by the ICEU Board. The Head of Regulation is responsible for
facilitating the overall production and implementation of the Recovery
Plan as well as its maintenance. The ICEU Board Audit Committee, Chief
Risk Officer, Chief Operating Officer and Executive Risk Committee also
have roles in the implementation of the Recovery Plan.
    Second line functions are responsible for ensuring that the
Recovery Plan remains up-to-date and reviewed in accordance with
internal review and governance control arrangements. On an annual
basis, the owner will revise the Recovery Plan and present the revised
version to the ICEU Board. Material changes to the Recovery Plan must
be reviewed by ICEU management and be subject to governance control.
Minor changes can be incorporated as part of the routine review
process.
    As part of governance control, the Recovery Plan is subject to
annual review by the ICEU Board Audit Committee. Recommendations and
discussions by the ICEU Board Audit Committee are recorded and
submitted to the Board in a timely manner. The scenarios and actions
that support the Recovery Plan are subject to ICEU Board approval
annually. Ad hoc reviews may be commissioned if the business materially
changes, for example upon the introduction of a new service. Material
changes to the Recovery Plan or the scenarios, including those brought
about by market events, are subject to ICEU Board approval, following
their review and discussion by the ICEU Board Audit Committee.
Deviations from the Recovery Plan must be reported to the ICEU Board.
Elements of the Recovery Plan are tested as part of normal operations
and risk management procedures.
(b) Statutory Basis
    ICEU believes that the proposed amendments are consistent with the
requirements of Section 17A of the Act \6\ and the regulations
thereunder applicable to it, including the standards under Rule 17Ad-
22.\7\
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    \6\ 15 U.S.C. 78q-1.
    \7\ 17 CFR 240.17Ad-22.
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    Section 17A(b)(3)(F) of the Act \8\ 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, the safeguarding of securities and funds in the custody
or control of the clearing agency or for which it is responsible, and
the protection of investors and the public interest. In addition, Rule
17Ad-22(e)(3)(ii) \9\ requires that each covered clearing agency shall
establish, implement, maintain and enforce written policies and
procedures reasonably designed to, as applicable, maintain a sound risk
management framework for comprehensively managing legal, credit,
liquidity, operational, general business, investment, custody, and
other risks that arise in or are borne by the covered clearing agency,
which includes plans for the recovery and orderly wind-down of the
covered clearing agency necessitated by credit losses, liquidity
shortfalls, losses from general business risk, or any other losses.
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    \8\ 15 U.S.C. 78q-1(b)(3)(F).
    \9\ 17 CFR 240.17Ad-22(e)(3)(ii).
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    The Recovery Plan is designed to meet the requirements of Rule
17Ad-22(e)(3)(ii), and is further consistent with the requirements of
the Act. The Recovery Plan sets out ICEU's plan for recovering from
severe loss events, including from credit losses resulting from
Clearing Member default, liquidity shortfalls, losses from general
business risk, and other types of losses. The Recovery Plan outlines
different loss scenarios of these types that ICEU considers as part of
its planning process. The Recovery Plan further builds on the
provisions of the Rules, and other risk management frameworks, to set
out the different Recovery Options that the clearing house has
available to it to address loss scenarios, and restore or maintain
normal clearing operations. The Recovery Plan outlines triggers for

the use of Recovery Tools, as well as the governance process around the
use of Recovery Options. The Recovery Plan also provides greater
transparency to market participants, including Clearing Members and
their customers, about the expected sequence and scope of recovery
actions that ICEU may take in a loss scenario. In ICEU's view, the
Recovery Plan thus meets the requirements of Rule 17Ad-22(e)(3)(ii).
Furthermore, ICEU views the Recovery Plan as a key aspect of its
general risk management framework, which furthers its ability to
maintain the prompt and accurate clearance and settlement of
transactions, including in severe loss scenarios, and thereby promote
the protection of investors and the public interest, within the meaning
of Section 17A(b)(3)(F) of the Act.
    ICEU further notes the requirement in Rule 17Ad-22(e)(15) \10\ to
hold sufficient liquid net assets funded by equity to cover potential
general business losses so that the covered clearing agency can
continue operations and services as a going concern if those losses
materialize, including by (i) determining the amount of liquid net
assets funded by equity based upon its general business risk profile
and the length of time required to achieve a recovery or orderly wind-
down, as appropriate, of its critical operations and services if such
action is taken, and (ii) holding liquid net assets funded by equity
equal to the greater of either (x) six months of the covered clearing
agency's current operating expenses, or (y) the amount determined by
the board of directors to be sufficient to ensure a recovery or orderly
wind-down of critical operations and services of the covered clearing
agency, as contemplated by the recovery and wind-down plans established
under Rule 17Ad-22(e)(3)(ii).
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    \10\ 17 CFR 240.17Ad-22(e)(15).
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    ICEU has determined that it holds equity capital at least
sufficient to cover the costs of a recovery of its critical clearing
services under the Recovery Plan, consistent with the requirements of
Rule 17Ad-22(e)(15).\11\
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    \11\ 17 CFR 240.17Ad-22(e)(15).
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(B) Clearing Agency's Statement on Burden on Competition

    ICEU does not believe the proposed Recovery Plan would have any
impact, or impose any burden, on competition not necessary or
appropriate in furtherance of the purposes of the Act. The Recovery
Plan does not itself change the rights or obligations of the clearing
house or Clearing Members, and reflects the Recovery Options set out in
existing Rules and risk management policies. The Recovery Plan has been
designed to meet specific regulatory requirements concerning recovery
planning, and is applicable to all clearing activities. ICEU does not
believe the amendments will impact competition among Clearing Members
or other market participants, or affect the ability of market
participants to access clearing generally. While implementation of the
Recovery Plan, and in particular use of the Recovery Plan in a severe
loss scenario, would likely impose costs on Clearing Members or other
market participants, such costs are consistent with the existing Rules,
and are, in ICEU's view, appropriate in light of the goals of recovery
and maintenance of critical clearing service in accordance with
applicable regulations.

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

    Written comments relating to the proposed amendments have not been
solicited or received by ICE Clear Europe. ICE Clear Europe will notify
the Commission of any comments received with respect to the proposed
rule change.

III. Date of Effectiveness of the Proposed Rule Change, Security-Based
Swap Submission and 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 the proposed rule change or
    (B) institute proceedings to determine whether the proposed rule
change should be disapproved.
    The proposal shall not take effect until all regulatory actions
required with respect to the proposal are completed.

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 protected]. Please include
File Number SR-ICEEU-2017-016 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ICEEU-2017-016. 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 website (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 website viewing and printing in the Commission's Public Reference
Section, 100 F Street NE, Washington, DC 20549, on official business
days between the hours of 10:00 a.m. and 3:00 p.m. Copies of such
filings will also be available for inspection and copying at the
principal office of ICE Clear Europe and on ICE Clear Europe's website
at https://www.theice.com/notices/Notices.shtml?regulatoryFilings.
    All comments received will be posted without change. Persons
submitting comments are cautioned that we do not redact or edit
personal identifying information from comment submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-ICEEU-2017-016 and should be
submitted on or before February 9, 2018].

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-00853 Filed 1-18-18; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 232 (Friday, December 2, 2011)]
[Notices]
[Pages 75542-75543]
[FR Doc No: 2011-30968]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14290-000]

Porcupine Dam Hydropower Project; Notice of Preliminary Permit
Application Accepted for Filing and Soliciting Comments, Motions To
Intervene, and Competing Applications

    On September 20, 2011, Porcupine Reservoir Company, Utah, filed an
application for a preliminary permit, pursuant to section 4(f) of the
Federal Power Act (FPA), proposing to study the feasibility of the
Porcupine Dam Hydropower Project to be located on the East Fork of the
Little Bear River near the town of Avon, the county of Cache, Utah. The
sole purpose of a preliminary permit, if issued, is to grant the permit
holder priority to file a license application during the permit term. A
preliminary permit does not authorize the permit holder to perform any
land-disturbing activities or otherwise enter upon lands or waters
owned by others without the owners' express permission.
    The proposed project would consist of the existing Porcupine
reservoir, powerhouse with three turbines, and a 12.5-kilovolt
transmission line. The reservoir, formed by a 181-foot-high by 665-
foot-long, earth-filled embankment, has a total storage capacity of
13,000 acre-feet and a water surface area of 190 acres at full pool
elevation of 5,383 feet above mean sea level. The turbines total 560
kilowatts (kW) (2 units x 235 kW and 1 unit x 90 kW) of generating
capacity producing roughly 2,500 megawatt-hours per year.
    The proposed penstock would be located within a close proximity to
the original penstock, which was removed in 1999. The turbines would be
evaluated to determine feasibility of increasing energy production
capacity to 750 kW.
    Applicant Contact: Phil Olson, Porcupine Reservoir Company, 9808 S
280 E, Paradise, UT 84328; phone<PHONE_NUMBER>.

    FERC Contact: Brian Csernak; phone:<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36. Comments, motions to intervene, notices of intent, and
competing applications may be filed electronically via the Internet.
See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's
Web site http://www.ferc.gov/docs-filing/efiling.asp. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information
at the end of your comments. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>or toll free at 1-(866) 208-3676,
or for TTY,<PHONE_NUMBER>. Although the Commission strongly encourages
electronic filing, documents may also be paper-filed. To paper-file,
mail an original and seven copies to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of
Commission's Web site at http://www.ferc.gov/docs-filing/efiling.asp.
Enter the docket number (P-14290-000) in the docket number field to
access the document. For assistance, contact FERC Online Support.

    Dated: November 25, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-30968 Filed 12-1-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 116 (Wednesday, June 17, 2015)]
[Notices]
[Page 34772]
[FR Doc No: 2015-14991]

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SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]

In the Matter of Joymain International Development Group, Inc.;
Order of Suspension of Trading

June 15, 2015.
    It appears to the Securities and Exchange Commission
(``Commission'') that the public interest and the protection of
investors require a suspension of trading in the securities of Joymain
International Development Group, Inc. (CIK No.<PHONE_NUMBER>)
(``Joymain''), because of recent, unusual and unexplained market
activity raising concerns regarding the adequacy and accuracy of
publicly-available information, including information concerning
Joymain's financial condition and scope of operations. Joymain is a
Nevada corporation with a business address in Miami, Florida, and its
common stock is quoted on the OTC Link (previously ``Pink Sheets'')
operated by OTC Markets Group, Inc. (``OTC Link'') under the ticker
symbol JIDG.
    Therefore, it is ordered, pursuant to Section 12(k) of the
Securities Exchange Act of 1934, that trading in the securities of
Joymain is suspended for the period from 9:30 a.m. EDT on June 15,
2015, through 11:59 p.m. EDT on June 26, 2015.

    By the Commission.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2015-14991 Filed 6-15-15; 4:15 pm]
 BILLING CODE 8011-01-P


 From:	Tong, Stanley
 To:	LEVIN, NANCY
 Subject:	RE: Q: Pharmaceutical CTG and SD 67.15
 Date:	Tuesday, December 31, 2019 6:59:13 AM
           Attachments:	RE SD RACT SIP Pharmaceutical Shipbuilding Landfills.msg RE Q Pharmaceutical CTG and SD 67.15.msg

Yes, I agree Pharmaceutical CTG is a neg dec for San Diego  -  See 2 emails attached.

1. Pharmaceuticals CTG  -  From Nick's and Joe's info, I conclude SD doesn't have sources subject to the CTG - they should adopt a neg dec.
The SIP approved rule should be fixed - has some problems.

[ndl : If SD adopts neg dec, then we'd just "recommend" they update rule, correct? i.e., Not needed for RACT now, but if later on they exceed CTG threshold, current SIP rule would not be approvable as RACT.]
Stan  -  I agree  -  recommend they update/fix the rule. I also believe that based on Joe Herzig's description, SD doesn't have Synthesized Pharmaceutical facilities, so even if emissions increase for those below facilities close to 2.7 tpy, they'd still not be subject to the CTG  -  they don't do that type of operation.

From: LEVIN, NANCY<EMAIL_ADDRESS>Sent: Friday, December 27, 2019 2:26 PM
To: Tong, Stanley<EMAIL_ADDRESS>Subject: FW: Q: Pharmaceutical CTG and SD 67.15

Hi Stan,
Based on this info, I believe you concluded that SD has no facilities that synthesize pharmaceuticals and meet the CTG threshold. Just wanted to confirm before I tell Nick.
Thanks.

Nancy Levin |<PHONE_NUMBER> | Rules and Planning
Air Division | Region IX| U.S. Environmental Protection Agency

From: Tong, Stanley<EMAIL_ADDRESS>Sent: Friday, April 05, 2019 9:59 AM
 To: Herzig, Joe<EMAIL_ADDRESS>Cc: LEVIN, NANCY<EMAIL_ADDRESS>Subject: RE: Q: Pharmaceutical CTG and SD 67.15

 Joe,
 Thanks for providing this information. I will talk with Nancy Levin next week, but I think this is all I need. Stan

 Stanley Tong
 US EPA Region IX - Air Division, Rules Office (AIR 4) 75 Hawthorne St., San Francisco, CA 94105<EMAIL_ADDRESS>415 947 4122 (w)

From: Herzig, Joe<EMAIL_ADDRESS>Sent: Friday, April 05, 2019 9:50 AM
To: Tong, Stanley<EMAIL_ADDRESS>Subject: RE: Q: Pharmaceutical CTG and SD 67.15 Stanley,
  < 5 (permit condition)
 Beckman Coulter Inc

Genentech Inc.
< 3.7 (Eng. Eval)
Illumina
< 2.9 (various)
J&D Laboratories Inc
< 10.3 (permit
condition)
Select Supplements Inc
< 2.8 (Eng. Eval)
SenDx Medical Inc
< 2.7 (permit
condition)

Beckman Coulter Inc. manufactures medical diagnostic solutions. These are typically aqueous solutions and emissions are likely much less than 2 tons per year.

Genentech Inc. manufactures pharmaceuticals however the vast majority of the emissions are attributed to their facility wipe cleaning using IPA in wipes and with spray bottles to maintain a sterile working environment.

Illumina manufactures oligonucleotides (not used as medications) and the emissions are from the carrier solvent evaporation. J&D Laboratories Inc. does mixing and encapsulation of softgel vitamins.
Select Supplements Inc. does mixing and encapsulation of softgel vitamins.

SenDx Medical Inc. manufactures medical devices, and various calibration and membrane solutions.

Let me know if you need any more information. Regards,
 Joseph N. Herzig
 Air Pollution Control Engineer
 San Diego County Air Pollution Control District<PHONE_NUMBER>
<EMAIL_ADDRESS>
From: Tong, Stanley<EMAIL_ADDRESS> Sent: Thursday, April 04, 2019 1:34 PM
 To: Herzig, Joe<EMAIL_ADDRESS> Subject: FW: Q: Pharmaceutical CTG and SD 67.15 Joe,
 EPA's CTG applies to synthesized pharmaceutical manufacturing facilities where VOC emissions from vents (from reactors, distillation operations, crystallizers, centrifuges, and vacuum dryers) emit 15 lb/day (~2.7 tpy) or more.

 For the 6 facilities below listed as <2.7 tpy or higher, please give me a short description (1-2 sentence is fine) of what they do/make?
 This will help me determine if the Pharmaceutical CTG applies. Thanks.

 Stan

 Stanley Tong
 US EPA Region IX - Air Division, Rules Office (AIR 4) 75 Hawthorne St., San Francisco, CA 94105<EMAIL_ADDRESS>415 947 4122 (w)

From: Cormier, Nick<EMAIL_ADDRESS>Sent: Friday, March 29, 2019 5:15 PM
To: Tong, Stanley<EMAIL_ADDRESS>Cc: Herzig, Joe<EMAIL_ADDRESS><EMAIL_ADDRESS>Subject: RE: Q: Pharmaceutical CTG and SD 67.15

Hi Stan,

Just to update you on this request; I think we'll need EPA to give us some additional clarification from you on what you define as "chemical synthesis" in regards to pharmaceuticals. We reviewed the facilities in the list I provided yesterday, most of which are involved in the biotech industry. It's not as clear cut to lump some of these facilities into one bucket or another, unfortunately. Some may be subject to our pharmaceuticals rule, but some might only be subject to it because it was the "best fit" at the time  -  whether or not their operations qualify as "chemical synthesis" is a bit of quandary to us. We'll do the best we can with the information we know.

In my absence, please contact Joe Herzig from our Rule Development division (cc'd) next week when you return to clarify what you're looking for. Joe previously worked with some of these facilities and has some knowledge of the technical processes involved for some of them.

Below are some of the emission totals I was able to procure from records at my disposal. I've asked our inventory staff for the exact numbers, but they weren't able to get me that by this afternoon. As you can see, with the possible exception of one facility emitting around 10 tpy, most appear to be fairly small emitters of VOC, if it's of any help.

DBA
EQUIP_LOCATION_ADDRESS
ZIP_CODE
VOC (tons/year)
(source found)
Beckman Coulter Inc
2470 Faraday Av Carlsbad, CA
92010
< 5 (permit
condition)
Campbell Membrane Technology
1168 N Johnson Ave El Cajon, CA
92020
< 1.2 (source test)
Carlsbad Technology, Inc.
5923 Balfour Court Carlsbad, CA
92008
< 0.6 (Eng. Eval)
Genentech Inc.
1 Antibody Way Oceanside, CA
92056
< 3.7 (Eng. Eval)
Illumina
5200 Illumina Way San Diego, CA
92122
< 2.9 (various)
IONIS PHARMACEUTICALS
2282 FARADAY AV CARLSBAD, CA
92008
< 1.9 (permit
condition)
J&D Laboratories Inc
2710 Progress St Vista, CA
92081
< 10.3 (permit
condition)
Pacira Pharmaceuticals
10450 Science Center Drive San Diego, CA
92121
< 1 (Eng. Eval)
Select Supplements Inc
5800 Newton Dr Carlsbad, CA
92008
< 2.8 (Eng. Eval)
SenDx Medical Inc
1945 Palomar Oaks Way Carlsbad, CA
92011
< 2.7 (permit
condition)
Versum Materials US, LLC
1969 Palomar Oaks Way Carlsbad, CA
92011
< 1.9 (permit
condition)

Regards,
Nick Cormier
 Air Quality Specialist
 County of San Diego Air Pollution Control District 10124 Old Grove Rd.
 San Diego, CA 92131 Phone:<PHONE_NUMBER>
 Fax:<PHONE_NUMBER>

From: Tong, Stanley<EMAIL_ADDRESS>Sent: Thursday, March 28, 2019 10:58 AM
To: Cormier, Nick<EMAIL_ADDRESS>Subject: RE: Q: Pharmaceutical CTG and SD 67.15

Thanks  -  I'm looking at the Pharmaceutical CTG  -  trying to see if any companies actually manufacture, by chemical synthesis "synthesized Pharmaceutical" products.

CTG does not cover fermentation/extraction of organic chemicals from vegetative materials or animal tissues, and formulation and packaging of the product.

I think the first cut is if any facilities actually does chemical synthesis  -  then of those that do, what are their emissions.

From: Cormier, Nick<EMAIL_ADDRESS>Sent: Thursday, March 28, 2019 10:17 AM

To: Tong, Stanley<EMAIL_ADDRESS>Subject: RE: Q: Pharmaceutical CTG and SD 67.15 Hi Stan,
Saw your voicemail  -  I'm on a conference call until Noon but I think I understand what you're looking for.

Below is the preliminary list of facilities that are involved in pharmaceutical manufacturing in the County, as well as addresses. I'm waiting on our folks to track down the emission totals for each. Just judging by the names, my guess is none are considered major sources of VOC or NOx. I also need to research each site to see what they do; I'm not sure I can get that complete info by tomorrow, as I'm not familiar with any of them. My guess is most are involved in the biotech field, but how they make their respective products is something I need more info on.

DBA
EQUIP_LOCATION_ADDRESS
ZIP_CODE
Beckman Coulter Inc
2470 Faraday Av Carlsbad, CA
92010
Campbell Membrane Technology
1168 N Johnson Ave El Cajon, CA
92020
Carlsbad Technology, Inc.
5923 Balfour Court Carlsbad, CA
92008
Genentech Inc.
1 Antibody Way Oceanside, CA
92056
Illumina
5200 Illumina Way San Diego, CA
92122
IONIS PHARMACEUTICALS
2282 FARADAY AV CARLSBAD, CA
92008
J&D Laboratories Inc
2710 Progress St Vista, CA
92081
Pacira Pharmaceuticals
10450 Science Center Drive San Diego, CA
92121
Select Supplements Inc
5800 Newton Dr Carlsbad, CA
92008
SenDx Medical Inc
1945 Palomar Oaks Way Carlsbad, CA
92011
Versum Materials US, LLC
1969 Palomar Oaks Way Carlsbad, CA
92011

Regards,
Nick Cormier
 Air Quality Specialist
 County of San Diego Air Pollution Control District 10124 Old Grove Rd.
 San Diego, CA 92131 Phone:<PHONE_NUMBER>
 Fax:<PHONE_NUMBER>

 From: Cormier, Nick
Sent: Thursday, March 28, 2019 9:38 AM
To: 'Tong, Stanley'<EMAIL_ADDRESS>Ortega, Angela<EMAIL_ADDRESS> Subject: RE: Q: Pharmaceutical CTG and SD 67.15 Hi Stan,
 I'm tracking down this information. I'm aiming to get it to you by tomorrow COB.

 Regards,
 Nick Cormier
 Air Quality Specialist
 County of San Diego Air Pollution Control District 10124 Old Grove Rd.
 San Diego, CA 92131 Phone:<PHONE_NUMBER>
 Fax:<PHONE_NUMBER>

From: Tong, Stanley<EMAIL_ADDRESS>Sent: Wednesday, March 27, 2019 11:15 AM
To: Cormier, Nick<EMAIL_ADDRESS>Ortega, Angela<EMAIL_ADDRESS>Subject: Q: Pharmaceutical CTG and SD 67.15 Nick or Angie

What facility(s) (name/address/emissions)? are subject to Rule 67.15 Pharmaceutical and Cosmetic manufacturing? Do they make pharmaceuticals OR do they make cosmetics?
If pharmaceutical  -  can you give me something that describes what they do? e.g.,  -  make pharmaceutical products and intermediates by chemical synthesis?
Or do they produce/recover materials using fermentation, extraction of organic chemicals from vegetative materials or animal tissues?

Stan

 Stanley Tong
 US EPA Region IX - Air Division, Rules Office (AIR 4) 75 Hawthorne St., San Francisco, CA 94105<EMAIL_ADDRESS>415 947 4122 (w)


[Federal Register: February 26, 2009 (Volume 74, Number 37)]
[Rules and Regulations]
[Page 8732-8735]
[DOCID:fr26fe09-12]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0034; Directorate Identifier 2007-NM-082-AD;
Amendment 39-15797; AD 2009-02-07]
RIN 2120-AA64

Airworthiness Directives; BAE Systems (Operations) Limited
(Jetstream) Model 4101 Airplanes

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

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is superseding an existing airworthiness directive
(AD) that applies to certain British Aerospace (Jetstream) Model 4100
series airplanes. The existing AD currently requires an eddy current
conductivity test to measure the conductivity of the upper splice plate
of the wing, and related investigative and corrective actions if
necessary. This AD revises the applicability to include additional
airplanes. This AD results from reports of exfoliation corrosion of the
upper splice plate of the wing. We are issuing this AD to detect and
correct such corrosion, which could result in reduced structural
integrity of the airplane.

DATES: This AD becomes effective March 13, 2009.
    The Director of the Federal Register approved the incorporation by
reference of certain publications as of March 13, 2009.
    On September 23, 1998 (63 FR 44371, August 19, 1998), the Director
of the Federal Register approved the incorporation by reference of
certain other publications.
    We must receive comments on this AD by March 30, 2009.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact BAE Systems
Regional Aircraft, 13850 Mclearen Road, Herndon, Virginia 20171;
telephone<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>Internet
http://www.baesystems.com/Businesses/RegionalAircraft/index.htm.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Office (telephone<PHONE_NUMBER>) is in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1175; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    On August 11, 1998, the FAA issued AD 98-17-12, amendment 39-10714
(63 FR 44371, August 19, 1998). That AD applies to certain British
Aerospace (Jetstream) Model 4100 series airplanes. That AD requires an
eddy current conductivity test to measure the conductivity of the upper
splice plate of the wing, and follow-on actions if necessary. That AD
resulted from issuance of mandatory continuing airworthiness
information from another civil airworthiness authority (British
airworthiness directive 005-03-97). The actions specified in AD 98-17-
12 are intended to detect and correct corrosion of the upper splice
plate of the wing, which could result in reduced structural integrity
of the airplane.

Actions Since AD Was Issued

    Since we issued AD 98-17-12, the European Aviation Safety Agency
(EASA), which is the Technical Agent for the Member States of the
European Community, issued Airworthiness Directive 2007-0056, dated
March 1, 2007. The EASA Airworthiness Directive superseded British
airworthiness directive 005-03-97 by adding airplanes with construction
numbers 41102 through 41104. The EASA advises that those airplanes
might also be subject to the identified unsafe condition.

Relevant Service Information

    AD 98-17-12 requires accomplishment of British Aerospace Regional
Aircraft Service Bulletins J41-57-019, Revision 1, dated November 26,
1997; J41-57-020, dated March 20, 1997; and J41-57-021, dated May 7,
1998. BAE Systems (Operations) Limited has issued Revision 1 of Service
Bulletin J41-57-020, dated July 3, 2006; and Revision 4 of Service
Bulletin J41-57-021, dated January 16, 2003. BAE Systems (Operations)
Limited Service Bulletin J41-57-020, Revision 1, adds the three
airplanes referenced above. The revised service bulletins specify no
new actions for any affected airplanes.
    The EASA mandated the service information and issued airworthiness
directive 2007-0056, dated March 1, 2007 (referred to after this as
``the MCAI''), to ensure the continued airworthiness of these airplanes
in the European Union.

FAA's Determination and Requirements of This AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
    Therefore, we are issuing this AD to detect and correct such
corrosion, which could result in reduced structural integrity of the
airplane. This new AD retains the requirements of the existing AD, and
revises the applicability to include additional airplanes.

Explanation of Additional Change to Applicability

    We have further revised the applicability of the existing AD to
identify model designations as published in the most recent type
certificate data sheet for the affected models.

Clarification of Applicability

    BAE Systems (Operations) Limited Service Bulletin J41-57-019,
Revision 1, dated November 26, 1997; BAE Systems (Operations) Limited
Service Bulletin J41-57-020, Revision 1, dated July 3, 2006; and BAE
Systems (Operations) Limited Service Bulletin J41-57-021, Revision 4,
dated January 16, 2003; identify effectivity by ``constructor''
numbers, and the MCAI identifies its applicability by ``construction''
numbers. Since these terms are interchangeable, in this AD we refer to
the applicability by ``constructor'' numbers.

Costs of Compliance

    The following table provides the estimated costs to comply with
this AD.

                                                             Estimated Costs for AD 98-17-12
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Average labor       Cost per     U.S.-registered
                               Action                                   Work hours     rate per hour       airplane        airplanes        Fleet cost
--------------------------------------------------------------------------------------------------------------------------------------------------------
Test...............................................................               1              $80              $80                7             $560
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The airplanes added to the applicability in this AD are not on the
U.S. Register; therefore, they are not directly affected by this AD
action. No additional costs are imposed on U.S. operators. However, we
consider it necessary to supersede this AD to add these airplanes to
ensure that the unsafe condition is addressed if a newly added airplane
is imported and placed on the U.S. Register in the future. For those
airplanes, the costs listed in the table above would apply.

FAA's Determination of the Effective Date

    No airplane affected by the new requirements of this AD is
currently on the U.S. Register. Therefore, providing notice and
opportunity for public comment is unnecessary before this AD is issued,
and this AD may be made effective in less than 30 days after it is
published in the Federal Register.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not provide you with notice and an opportunity to
provide your comments before it becomes effective. However, we invite
you to send any written data, views, or arguments about this AD. Send
your comments to an address listed under the ADDRESSES section. Include
``Docket No. FAA-2009-0034; Directorate Identifier 2007-NM-082-AD'' at
the beginning of your comments. We specifically invite comments on the
overall regulatory, economic, environmental, and energy aspects of this
AD. We will consider all comments received by the closing date and may
amend this AD because of those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.

Authority for This Rulemaking

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

Regulatory Findings

    We have determined that 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 the regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket. See the ADDRESSES
section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
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 Federal Aviation Administration (FAA) amends Sec.  39.13 by
removing amendment 39-10714 (63 FR 44371, August 19, 1998) and adding
the following new AD:

2009-02-07 BAE Systems (Operations) Limited (Formerly British
Aerospace Regional Aircraft): Amendment 39-15797. Docket No. FAA-
2009-0034; Directorate Identifier 2007-NM-082-AD.

Effective Date

    (a) This AD becomes effective March 13, 2009.

Affected ADs

    (b) This AD supersedes AD 98-17-12.

Applicability

    (c) This AD applies to BAE Systems (Operations) Limited Model
Jetstream 4101 airplanes, certificated in any category;
constructor's numbers 41004 through 41096 inclusive and 41102
through 41104 inclusive.

Subject

    (d) Air Transport Association (ATA) of America Code 57: Wings.

Unsafe Condition

    (e) This AD results from reports of exfoliation corrosion of the
upper splice plate of the wing. We are issuing this AD to detect and
correct such corrosion, which could result in reduced structural
integrity of the airplane.

Compliance

    (f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Restatement of Requirements of AD 98-17-12

Eddy Current Conductivity Test

    (g) For airplanes with constructor's numbers 41004 through 41096
inclusive: Within 6 months after September 23, 1998 (the effective
date of AD 98-17-12), perform an eddy current conductivity test to
measure the conductivity of the upper splice plate of the wing, in
accordance with British Aerospace Regional Aircraft Service Bulletin
J41-57-019, Revision 1, dated November 26, 1997. If the conductivity
measurement is greater than or equal to 35.0% of the International
Aluminum and Copper Standards (IACS), no further action is required
by this AD.
    (h) During the inspection required by paragraph (g) of this AD,
if the conductivity measurement is less than 35.0% of the IACS:
Prior to further flight, use a borescope to perform a detailed
visual inspection to detect corrosion along the full length of the
upper splice plate of the wing, in accordance with British Aerospace
Regional Aircraft Service Bulletin J41-57-020, dated March 20, 1997;
or BAE Systems (Operations) Limited Service Bulletin J41-57-020,
Revision 1, dated July 3, 2006. Thereafter, repeat the inspection at
intervals not to exceed 1 year.
    (1) During any inspection required by paragraph (g) of this AD,
if any corrosion is detected that is within the allowable limits
specified in British Aerospace Regional Aircraft Service Bulletin
J41-57-020, dated March 20, 1997; or BAE Systems (Operations)
Limited Service Bulletin J41-57-020, Revision 1, dated July 3, 2006:
Accomplish the actions required by paragraphs (h)(1)(i) and
(h)(1)(ii) of this AD, at the times specified in those paragraphs.
    (i) Prior to further flight, repair the upper splice plate of
the wing in accordance with Appendix 2 of British Aerospace Regional
Aircraft Service Bulletin J41-57-020, dated March 20, 1997; or BAE
Systems (Operations) Limited Service Bulletin J41-57-020, Revision
1, dated July 3, 2006. And
    (ii) Within 3 years after the detection of corrosion, replace
the upper splice plate of the wing with a new upper splice plate in
accordance with the applicable service bulletin identified in Table
1 of this AD. Such replacement constitutes terminating action for
the requirements of this AD.

                                           Table 1--Service Bulletins
----------------------------------------------------------------------------------------------------------------
           Service bulletin                        Revision level                            Date
----------------------------------------------------------------------------------------------------------------
British Aerospace Regional Aircraft     Original...........................  March 20, 1997.
 Service Bulletin J41-57-020.
BAE Systems (Operations) Limited        1..................................  July 3, 2006.
 Service Bulletin J41-57-020.
British Aerospace Regional Aircraft     Original...........................  May 7, 1998.
 Service Bulletin J41-57-021.
BAE Systems (Operations) Limited        4..................................  January 16, 2003.
 Service Bulletin J41-57-021.
----------------------------------------------------------------------------------------------------------------

    (2) During any inspection required by paragraph (h) of this AD,
if any corrosion is detected that is outside the allowable limits
specified in British Aerospace Regional Aircraft Service Bulletin
J41-57-020, dated March 20, 1997; or BAE Systems (Operations)
Limited Service Bulletin J41-57-020, Revision 1, dated July 3, 2006:
Prior to further flight, repair in accordance with a method approved
by the Manager, International Branch, ANM-116, FAA, Transport
Airplane Directorate.

New Requirements of This AD

Replacement According to Previous Issue of Service Bulletin

    (i) Replacement of the upper splice plate is also acceptable for
compliance with the requirements of paragraph (h)(1)(ii) of this AD,
if done before the effective date of this AD in accordance with any
service bulletin identified in Table 2 of this AD.

                                           Table 2--Service Bulletins
----------------------------------------------------------------------------------------------------------------
   BAE Systems (operations) limited
           service bulletin                        Revision level                            Date
----------------------------------------------------------------------------------------------------------------
J41-57-021............................  1..................................  May 26, 2000.
J41-57-021............................  2..................................  November 2, 2001.
J41-57-021............................  3..................................  August 9, 2002.
----------------------------------------------------------------------------------------------------------------

    (j) For airplanes with construction numbers 41102 through 41104
inclusive: Do the actions specified in paragraph (g) of this AD
within 6 months after the effective date of this AD, in accordance
with British Aerospace Regional Aircraft Service Bulletin J41-57-
019, Revision 1, dated November 26, 1997. And do all applicable
actions at the applicable times as specified in paragraph (h) of
this AD.

Alternative Methods of Compliance (AMOCs)

    (k) The Manager, International Branch, ANM-116, Transport
Airplane Directorate, 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: Todd Thompson, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 227-1175; fax<PHONE_NUMBER>. Before using any approved AMOC
on any airplane to which the AMOC applies, notify your principal
maintenance inspector (PMI) or principal avionics inspector (PAI),
as appropriate, in the FAA Flight Standards District Office (FSDO),
or lacking a principal inspector, your local FSDO. The AMOC approval
letter must specifically reference this AD.

Related Information

    (l) EASA Airworthiness Directive 2007-0056, dated March 1, 2007,
also addresses the subject of this AD.

Material Incorporated by Reference

    (m) You must use the applicable service bulletins identified in
Table 4 of this AD to perform the actions that are required by this
AD, unless the AD specifies otherwise. BAE Systems (Operations)
Limited Service Bulletin J41-57-021, Revision 4, dated January 16,
2003, has the following effective pages:

----------------------------------------------------------------------------------------------------------------
               Page No.                     Revision level shown on page              Date shown on page
----------------------------------------------------------------------------------------------------------------
1, 4, 79-83...........................  4..................................  January 16, 2003.
2, 3, 5-78............................  3..................................  August 9, 2002.
----------------------------------------------------------------------------------------------------------------

    (1) The Director of the Federal Register approved the
incorporation by reference of BAE Systems (Operations) Limited
Service Bulletin J41-57-020, Revision 1, dated July 3, 2006; and BAE
Systems (Operations) Limited Service Bulletin J41-57-021, Revision
4, dated January 16, 2003; in accordance with 5 U.S.C. 552(a) and 1
CFR part 51.
    (2) On September 23, 1998 (63 FR 44371, August 19, 1998), the
Director of the Federal Register approved the incorporation by
reference of British Aerospace Regional Aircraft Service Bulletins
identified in Table 3 of this AD.

                             Table 3--Material Previously Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
           Service bulletin                        Revision level                            Date
----------------------------------------------------------------------------------------------------------------
J41-57-019............................  1..................................  November 26, 1997.
J41-57-020............................  Original...........................  March 20, 1997.
J41-57-021............................  Original...........................  May 7, 1998.
----------------------------------------------------------------------------------------------------------------

    (3) For service information identified in this AD, contact BAE
Systems Regional Aircraft, 13850 Mclearen Road, Herndon, Virginia
20171; telephone<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>
Internet http://www.baesystems.com/Businesses/RegionalAircraft/
index.htm.
    (4) You may review copies of the service information that is
incorporated by reference at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington. For
information on the availability of this material at the FAA, call
425-227-1221 or<PHONE_NUMBER>.
    (5) You may also review copies of the service information at the
National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call<PHONE_NUMBER>, or
go to http://www.archives.gov/federal_register/code_of_federal_
regulations/ibr_locations.html.

                                 Table 4--All Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
           Service bulletin                        Revision level                            Date
----------------------------------------------------------------------------------------------------------------
BAE Systems (Operations) Limited        1..................................  July 3, 2006.
 Service Bulletin J41-57-020.
BAE Systems (Operations) Limited        4..................................  January 16, 2003.
 Service Bulletin J41-57-021.
British Aerospace Regional Aircraft     1..................................  November 26, 1997.
 Service Bulletin J41-57-019.
British Aerospace Regional Aircraft     Original...........................  March 20, 1997.
 Service Bulletin J41-57-020.
British Aerospace Regional Aircraft     Original...........................  May 7, 1998.
 Service Bulletin J41-57-021.
----------------------------------------------------------------------------------------------------------------

    Issued in Renton, Washington, on January 9, 2009.
Stephen P. Boyd,
Assistant Manager, Transport Airplane Directorate, Aircraft
Certification Service.
[FR Doc. E9-3782 Filed 2-25-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 103 (Wednesday, May 31, 2017)]
[Rules and Regulations]
[Pages 24860-24862]
[FR Doc No: 2017-10921]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2017-0064; FRL-9962-77-Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Revisions to Allegheny County Health Department Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve revisions to the Commonwealth of Pennsylvania
state implementation plan (SIP). The revisions pertain to
administrative and definition amendments made to Allegheny County
Health Department's (ACHD) Rules and Regulations Article XXI, Air
Pollution Control. The amendments updated the name of the Bureau of
Environmental Quality to the Bureau of Environmental Health and revised
the definition of ``County Executive'' to agree with the definition in
the Allegheny County Home Rule Charter. EPA is approving these
revisions to Article XXI in accordance with the requirements of the
Clean Air Act (CAA).

DATES: This rule is effective on July 31, 2017 without further notice,
unless EPA receives adverse written comment by June 30, 2017. If EPA
receives such comments, it will publish a timely withdrawal of the
direct final rule in the Federal Register and inform the public that
the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2017-0064 at https://www.regulations.gov, or via email to
<EMAIL_ADDRESS>For comments submitted at Regulations.gov, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be confidential business information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Sara Calcinore,<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On December 15, 2016, the Commonwealth of
Pennsylvania submitted, on behalf of Allegheny County, a formal
revision to the Pennsylvania SIP.

I. Background

    The SIP revision consists of administrative and definition
amendments to ACHD's Rules and Regulations Article XXI, Air Pollution
Control. These amendments were submitted by the Pennsylvania Department
of Environmental Protection (PADEP) as a formal revision to the
Pennsylvania SIP, on behalf of Allegheny County. The regulations were
adopted by the ACHD.

II. Summary of SIP Revision and EPA Analysis

    The December 15, 2016 SIP revision submittal includes amended
versions of ACHD's Rules and Regulations Article XXI, Air Pollution
Control, section 2101.07 paragraph (a), Administration and
Organization--Administration, and section 2101.20, Definitions.
Pennsylvania requests that EPA approve this submittal so that these
amended regulations become part of the Pennsylvania SIP. The amendment
to section 2101.07 paragraph (a) changed the name of the ``Allegheny
County Health Department Bureau of Environmental Quality'' to the
``Allegheny County Health Department Bureau of Environmental Health.''
The amendment to section 2101.20 updates the definition of ``County
Executive'' from the ``Chief Executive of Allegheny County,
Pennsylvania'' to ``the Chief Executive of Allegheny, Pennsylvania, as
defined in the Allegheny County Home Rule Charter.''
    EPA's review of this material indicates the December 15, 2016
submittal is approvable as it meets requirements of the CAA under
section 110(a) and contains only minor administrative changes to
regulations that were previously included in the Pennsylvania SIP. None
of these changes affects emissions of air pollutants, and none of the
changes will interfere with any applicable requirement concerning
attainment of reasonable further progress or any other applicable
requirements in the CAA. Thus, EPA finds the revision approvable
specifically for section 110(1) of the CAA.

III. Final Action

    EPA is approving the Pennsylvania SIP revision for Allegheny
County, which was submitted on December 15, 2016. EPA is publishing
this rule without prior proposal because EPA views this as a
noncontroversial amendment and anticipates no adverse comment. However,
in the ``Proposed Rules'' section of today's Federal Register, EPA is
publishing a separate document that will serve as the proposal to
approve the SIP revision if adverse comments are filed. This rule will
be effective on July 31, 2017 without further notice unless EPA
receives adverse comment by June 30, 2017. If EPA receives adverse
comment, EPA will publish a timely withdrawal in the Federal Register
informing the public that the rule will not take effect. EPA will
address all public comments in a subsequent final rule based on the
proposed rule. EPA will not institute a second comment period on this
action. Any parties interested in commenting must do so at this time.
Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse comment.

IV. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation

by reference of the revisions to ACHD's Rules and Regulations Article
XXI, Air Pollution Control, section 2101.07 paragraph (a),
Administration and Organization--Administration and section 2101.20,
Definitions discussed in Section II of this preamble. Therefore, these
materials have been approved by EPA for inclusion in the SIP, have been
incorporated by reference by 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 EPA's approval, and will be
incorporated by reference by the Director of the Federal Register in
the next update of the SIP compilation.\1\ EPA has made, and will
continue to make, these materials generally available through https://www.regulations.gov and/or at the EPA Region III Office (please contact
the person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information).
---------------------------------------------------------------------------

    \1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

V. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

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

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by July 31, 2017 Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking action.
    This action to approve Revisions to Allegheny County Health
Department Rules as part of the Pennsylvania SIP 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.

    Dated: May 4, 2017.
Cecil Rodrigues,
Acting Regional Administrator, Region III.

    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 NN--Pennsylvania

0
2. In Sec.  52.2020, the table in paragraph (c)(2) is amended by
revising an entry for ``2101.07 (Except paragraphs .07.c.2 and c.8)''
and adding an entry in numerical order``2101.20'' under ``Part A--
General''.
    The revision and addition read as follows:

Sec.  52.2020  Identification of plan.

* * * * *
    (c) * * *
    (2) * * *

----------------------------------------------------------------------------------------------------------------
                                                          State                          Additional explanation/
   Article XX or XXI citation       Title/subject    effective date   EPA approval date  Sec.   52.2063 citation
----------------------------------------------------------------------------------------------------------------
                                                 Part A--General
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
2101.07 (Except paragraphs       Administration and        06/19/15  05/31/17 [Insert    Revised name of
 .07.c.2 and c.8).                Organization.                       Federal Register    Allegheny County
                                                                      citation].          Health Department
                                                                                Bureau of
                                                                                Environmental Quality
                                                                                to Allegheny County
                                                                                Health Department
                                                                                Bureau of
                                                                                Environmental Health.
                                                                     Previous approval
                                                                      11/14/02, 67 FR
                                                                      68935 (c)(192).

                                                  * * * * * * *
2101.20........................  Definitions.......        06/19/15  05/31/17 [Insert    Revised definition of
                                                                      Federal Register    ``County Executive''
                                                                      citation].          to mean ``the Chief
                                                                                Executive of Allegheny
                                                                                County, Pennsylvania,
                                                                                as defined in the
                                                                                Allegheny County Home
                                                                                Rule Charter''.

                                                  * * * * * * *
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* * * * *
[FR Doc. 2017-10921 Filed 5-30-17; 8:45 am]
BILLING CODE 6560-50-P