[Federal Register Volume 85, Number 6 (Thursday, January 9, 2020)]
[Notices]
[Pages 1185-1189]
[FR Doc No: 2020-00118]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-87886; File No. SR-LCH SA-2019-012]

Self-Regulatory Organizations; LCH SA; Notice of Filing and
Immediate Effectiveness of Proposed Rule Change Relating to the
Amendments of the CDSClear Fee Grid

January 3, 2020.
    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 27, 2019, Banque Centrale de Compensation, which conducts
business under the name LCH SA (``LCH SA''), filed with the Securities
and Exchange Commission (``Commission'') the proposed rule change
described in Items I, II and III below, which Items have been prepared
primarily by LCH SA. LCH SA filed the proposal pursuant

to Section 19(b)(3)(A) of the Act,\3\ and Rule 19b-4(f)(2) \4\
thereunder, so that the proposal was effective upon filing with the
Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

    The proposed rule change is to review and modify the current fee
grid applied by LCH SA CDSClear.
    The text of the proposed rule change has been annexed [sic] as
Exhibit 5.

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

    In its filing with the Commission, LCH SA 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. LCH SA 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

1. Purpose
    The purpose of the proposed fee changes is for LCH SA CDSClear to
(1) modify the annual fixed fee amount that covers all Index and Single
Name CDS self-clearing activity for a General Clearing Member and its
affiliates under the Unlimited Tariff, and (2) revise the CDSClear fee
grid set up for the Options clearing service for both General and
Select Members.
    LCH SA is currently applying the below fee grid for CDSClear
members:

                                  Current Self-Clearing Tariff for Corporates and Financials Index and Single Name CDS
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Self-clearing/variable fees
           Membership              Annual fixed fee  --------------------------------------------------------------------------------
                                                          EUR indices      EUR single names       USD indices      USD single names
--------------------------------------------------------------------------------------------------------------------------------------------------------
General Member--Unlimited Tariff  [euro]1,700,000...  No Variable Fee                                                                 Covers all self-
                                                                                clearing
                                                                                Corporate and
                                                                                Financials CDS
                                                                                Index and Single
                                                                                Name activity for
                                                                                a Clearing Member
                                                                                and its
                                                                                affiliates.
                                                     ---------------------------------------------------------------------------------------------------
General Member--Introductory      [euro]200,000 if    [euro]3.5 Per       [euro]10 Per        $4.5 Per million    $13 Per million     Cap on total
 Tariff.                           the total annual    million gross       million gross       gross notional      gross notional      annual self-
                                   gross notional      notional cleared.   notional cleared.   cleared.            cleared.            clearing fees
                                   cleared is under                                                                                (fixed +
                                   [euro]15 billion.                                                                                variable) of EUR
                                                                                1,700,000 after
                                                                                which all further
                                                                                trades cleared in
                                                                                the calendar year
                                                                                are subject to a
                                                                                fee holiday.
                                  [euro]400,000 if    [euro]3.5 Per       [euro]10 Per        $4.5 Per million    $13 Per million     ..................
                                   the total annual    million gross       million gross       gross notional      gross notional
                                   gross notional      notional cleared.   notional cleared.   cleared.            cleared.
                                   cleared is over
                                   [euro]15 billion.
Select Member...................  [euro]250,000 if    [euro]4 Per         [euro]10 Per        $5 Per million      $13 Per million     ..................
                                   the total annual    million gross       million gross       gross notional      gross notional
                                   gross notional      notional cleared.   notional cleared.   cleared.            cleared.
                                   cleared is under
                                   [euro]25 billion.
                                  [euro]450,000 if    ..................  ..................  ..................  ..................  ..................
                                   the total annual
                                   gross notional
                                   cleared is over
                                   [euro]25 billion.
--------------------------------------------------------------------------------------------------------------------------------------------------------

       Current Options Tariff Including Fee Rebate: General Member
------------------------------------------------------------------------

------------------------------------------------------------------------
                             General Member
------------------------------------------------------------------------
Introductory Tariff............  Cover only one legal entity (no
                                 affiliate coverage).
                                ----------------------------------------
    Clearing Fees..............             $15  Per million of option
                                                  notional on U.S.
                                                  Indices.
                                       [euro]15  Per million of option
                                                  notional on European
                                                  Indices.
        Floor on clearing            [euro]150k  Per calendar year (no
         fees``.                                  pro-rating).
        Cap on Clearing fees...      [euro]600k  Per calendar year (no
                                                  pro-rating).
                                ----------------------------------------
Unlimited Tariff...............  Cover all affiliates of a given
                                 Clearing Member Group.
                                 Cover all clearing fees for Credit
                                 Option House activity for both iTraxx
                                 and CDX.NA underlying index families.
                                 Excludes any potential future EEP usage
                                 fees.
                                ----------------------------------------
    Fixed fee (annual).........      [euro]375k  Per calendar year (no
                                                  pro-rating).
    Discounted Rates *.........       [euro]50k  After discount rate of
                                                  86.67% applied to the
                                                  Fixed fee amount if
                                                  Index Swaptions
                                                  notional cleared per
                                                  Clearing Member group
                                                  strictly above
                                                  [euro]12 billion.
                                      [euro]75k  After discount rate of
                                                  80.00% applied to the
                                                  Fixed fee amount if
                                                  Index Swaptions
                                                  notional cleared per
                                                  Clearing Member group
                                                  strictly above [euro]6
                                                  billion but equal or
                                                  below [euro]12
                                                  billion.
                                     [euro]125k  After discount rate of
                                                  67.00% applied to the
                                                  Fixed fee amount if
                                                  Index Swaptions
                                                  notional cleared per
                                                  Clearing Member group
                                                  strictly above [euro]0
                                                  but equal or below
                                                  [euro]6 billion.
Onboarding Fees (both                 [euro]30k  One-off fee per Legal
 Introductory & Unlimited).                       Entity under the
                                                  Introductory tariff or
                                                  per Clearing Member
                                                  Group under Unlimited
                                                  tariff waived until 20-
                                                  Dec-19.
------------------------------------------------------------------------
* Cumulative conditions for the Fee rebate:
------------------------------------------------------------------------
    (i) Application to the Unlimited Tariff only;.......................
    (ii) application to all Clearing Members registering to the Index
     Swaptions clearing service (registration letter or application file
     signature date); and.
    (iii) Valid for 2019 only; and......................................

    (iv) Index Swaptions notional cleared for the determination of the
     discount rate to be observed from the regulatory effective date of
     the rebate..
------------------------------------------------------------------------

  Current Options Tariff Including Fee Rebate: Select Member and Client
------------------------------------------------------------------------

------------------------------------------------------------------------
                              Select Member
------------------------------------------------------------------------
Introductory Tariff............  Cover only one legal entity (no
                                 affiliate coverage).
                                ----------------------------------------
    Clearing Fees..............             $18  Per million of option
                                                  notional on U.S.
                                                  Indices
                                       [euro]18  Per million of option
                                                  notional on European
                                                  Indices.
        Cap on Clearing fees...      [euro]600k  Per calendar year (no
                                                  pro-rating).
                                ----------------------------------------
Unlimited Tariff...............  Covers all affiliates of a given
                                 Clearing Member Group.
                                 Covers all clearing fees for Credit
                                 Option House activity for both iTraxx
                                 and CDX.NA underlying index families.
                                 Excludes any potential future EEP usage
                                 fees.
                                ----------------------------------------
    Fixed fee (annual).........      [euro]400k  Per calendar year (no
                                                  pro-rating).
    Discounted Rates *.........       [euro]50k  After discount rate of
                                                  87.50% applied to the
                                                  Fixed fee amount if
                                                  Index Swaptions
                                                  notional cleared per
                                                  Clearing Member group
                                                  strictly above
                                                  [euro]12 billion.
                                      [euro]75k  After discount rate of
                                                  81.25% applied to the
                                                  Fixed fee amount if
                                                  Index Swaptions
                                                  notional cleared per
                                                  Clearing Member group
                                                  strictly above [euro]6
                                                  billion but equal or
                                                  below [euro]12
                                                  billion.
                                     [euro]125k  After discount rate of
                                                  68.75% applied to the
                                                  Fixed fee amount if
                                                  Index Swaptions
                                                  notional cleared per
                                                  Clearing Member group
                                                  per year strictly
                                                  above [euro]0 but
                                                  equal or below [euro]6
                                                  billion.
Onboarding Fees (both                 [euro]30k  One-off fee per Legal
 Introductory & Unlimited).                       Entity under the
                                                  Introductory tariff or
                                                  per Clearing Member
                                                  Group under Unlimited
                                                  tariff waived until 20-
                                                  Dec-19.
------------------------------------------------------------------------
* Cumulative conditions for the Fee rebate:
------------------------------------------------------------------------
    (v) Application to the Unlimited Tariff only;.......................
    (vi) application to all Clearing Members registering to the Index
     Swaptions clearing service (registration letter or application file
     signature date); and.
    (vii) Valid for 2019 only; and......................................
    (viii) Index Swaptions notional cleared for the determination of the
     discount rate to be observed from the regulatory effective date of
     the rebate..
------------------------------------------------------------------------
                                 Client
------------------------------------------------------------------------
Clearing Fees..................             $20  Per million of option
                                                  notional on U.S.
                                                  Indices.
                                       [euro]20  Per million of option
                                                  notional on European
                                                  Indices.
------------------------------------------------------------------------

    As specified in the new fee grid attached [sic] under Exhibit 5,
LCH SA is proposing to amend the CDSClear fee grid from January 1st,
2020.
    The proposed fee changes are driven by the will:

--For the Index and Single Names Unlimited Tariff: To reflect a
transition to a more matured phase of development of the CDSClear
service, and
--for the Options fee grid: to adjust the discount bands and rates
following a beginning of uptake of the options service, and to ensure
coherence in the maximum amount of fees payable between the
Introductory and the Unlimited Tariffs.
(1) Change the Index and Single Names Unlimited Tariff for General
Members From [euro]1,700,000 per Year to [euro]1,300,000 per Year for
2020
    CDSClear currently offers an Unlimited Tariff for General Members
\5\ that covers all self-clearing Corporate and Financials CDS Index
and Single Names activity for a Clearing Member group and its
affiliates for an annual fixed fee of [euro]1,700,000 (no variable
fees).
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    \5\ All capitalized terms not defined herein have the same
definition as the CDSClearing Rule Book, Supplement or Procedures,
as applicable.
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    The proposed change consists in decreasing the annual fixed fee
amount to [euro]1,300,000 per year. This fixed fee will still cover all
clearing fees for Corporate and Financials Index and Single Names CDS
House activity for all affiliates of a given Clearing Member group.
(2) Change the Options Unlimited Tariff for Both General and Select
Members
    As specified in the new LCH CDSClear options fee grid attached
[sic] below in Appendix, the annual fixed fee covering all clearing
fees for Credit Index Options House activity for all affiliates of a
given Clearing Member group remains set in 2020 to [euro]375,000 for
General Members and [euro]400,000 for Select Members, but it is
proposed to change the discount based notional bands and rates as
follows:
General Member Discount Bands and Rates
-- Change the bounds on the annual options notional cleared for the
lowest band from strictly above [euro]0bn but equal to or below
[euro]6bn into strictly above [euro]6bn but equal to or below
[euro]13.5bn, and the corresponding discount rate from 66.67%
(equivalent to an annual fixed fee of [euro]125,000) to 60% (equivalent
to an annual fixed fee of [euro]150,000);
-- Change the bounds on the annual options notional cleared for the
middle band from strictly above [euro]6bn but equal to or below
[euro]12bn into strictly above [euro]13.5bn, but keep the corresponding
discount rate at 80% (equivalent to an annual fixed fee of
[euro]75,000); and
-- Remove the highest band from the fee grid.
Select Member Discount Bands and Rates
-- Change the bounds on the annual options notional cleared for the
lowest band from strictly above [euro]0bn but equal to or below
[euro]6bn into strictly above [euro]6bn but equal to or below
[euro]13.5bn, and the corresponding discount rate from 68.75%
(equivalent to an annual fixed fee of [euro]125,000) to 62.5%
(equivalent to an annual fixed fee of [euro]150,000);
-- Change the bounds on the annual options notional cleared for the
middle band from strictly above [euro]6bn but equal to or below
[euro]12bn into strictly above [euro]13.5bn, but keep the corresponding
discount rate at 81.25% (equivalent to an annual fixed fee of
[euro]75,000); and

-- Remove the highest band from the fee grid.
(3) Change the Options Introductory Tariff for Both General and Select
Members
    The Options Introductory Tariff for both General and Select Members
covers only the legal entity that is registering to the service and is
based on variable fees with an annual floor (for General Members only)
and cap on the total variable fees paid. The only change proposed to
this Introductory Tariff is to align the annual cap with the fixed fee
in the Unlimited Tariff as follows:

-- For General Members, decrease the annual cap on variable fees from
[euro]600,000 to [euro]375,000
-- For Select Members, decrease the annual cap on variable fees from
[euro]600,000 to [euro]400,000.
(4) Additional Changes to the Options Fee Grid for Both General and
Select Members
    The following conditions will be applicable for both General and
Select Members:

-- In-year switches between Introductory and Unlimited Tariff are not
permitted, and
-- The one-off onboarding fee will remain set to [euro]30,000 but
waived until 30 April 2020.
2. Statutory Basis
    Section 17A(b)(3)(D) of the Act requires that the rules of a
clearing agency provide for the equitable allocation of reasonable
dues, fees, and other charges.\6\
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78q-1(b)(3)(D).
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    LCH SA believes that its clearing fee change proposal is consistent
with the requirements of Section 17A of the Act \7\ and the regulations
thereunder applicable to it, and in particular provides for the
equitable allocation of reasonable fees, dues, and other charges among
clearing members and market participants by ensuring that clearing
members and clients pay reasonable fees and dues for the services
provided by LCH SA, within the meaning of Section 17A(b)(3)(D) of the
Act.
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    \7\ 15 U.S.C. 78q-1.
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    With respect to the change of the Index and CDS Unlimited Tariff
for General Members, LCH SA has determined in consultation with its
clearing members that the reduction in the annual fixed fee for General
Members covering their Index and Single Name CDS self-clearing activity
is reasonable and appropriate as the CDSClear business is now reaching
a more mature stage in its development and therefore requires a lower
investment to develop new functionalities/services than in the past.
    Regarding the proposed changes to the Options clearing service fee
grid, after consultation with its Clearing Members, LCH SA has
determined that both its General and Select Members still needed to be
incentivized to further grow their usage of the Options clearing
service, and thus to maintain a volume-based discount fee scheme for
its Options Unlimited Tariff in which the cost of clearing options
decreases as more volumes are cleared. In order to make the link
between Unlimited Tariff and Introductory Tariff coherent between the
Index & Single Names fee grid on one hand and the Option fee grid on
the other hand, LCH SA has also set the cap for its Options
Introductory Tariff at the same level than the fixed fee of the Option
Unlimited Tariff, and thus decreased it from [euro]600k to respectively
[euro]375k for General Members and [euro]400k for Select Members.
Additionally, both General and Select Clearing Members will not have
the ability to switch from one type of Tariff to the other (Unlimited
to Introductory or vice-versa) in-year.
    Finally, the one-off Onboarding Fee to the Options clearing service
will remain set to [euro]30,000 but the waiving period will be extended
until 30 April 2020.
    For all the reasons stated above, LCH SA believes that the proposed
fee rates are reasonable and have been set up at an appropriate level
so that LCH SA can provide the CDSClear services.

B. Clearing Agency's Statement on Burden on Competition

    Section 17A(b)(3)(I) of the Act requires that the rules of a
clearing agency not impose any burden on competition not necessary or
appropriate in furtherance of the purposes of the Act.\8\
---------------------------------------------------------------------------

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

    LCH SA does not believe that the proposed rule change would impose
any burden on competition that are not necessary or appropriate in
furtherance of the purposes of the Act because LCH SA is offering the
possibility for CDSClear members and clients to get a more attractive
access to the clearing services. It does not affect the ability of such
Clearing Members or other market participants generally to engage in
cleared transactions or to access clearing services especially to the
clearing of Index Swaptions that remains not mandatory.
    Additionally, the proposed volume based discount scheme for the
Options Unlimited Tariff will be available to all CDSClear Clearing
Member Groups. Similarly, the proposed Index and Single Names Unlimited
Tariff will be available to all General Members of the CDSClear
service. This annual fixed fee reduction does not impact any
competition between General and Select Members as the choice of
membership tier made by a Clearing Member is mainly driven by the
material differences in the obligations of a General Member versus
those of a Select Member (in terms of price contribution and auction
bidding notably) which are reflected in the Tariffs available for each
tier.
    Further, as explained above, LCH SA believes that the fee rates
have been set up at an appropriate level given the costs and expenses
to LCH SA in offering the relevant clearing services.

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

    Written comments relating to the proposed rule change have not been
solicited or received but a consultation has been conducted with and
feedback sought from CDSClear members. No comment or question has been
received following this consultation. LCH SA will notify the Commission
of any written comments received by LCH SA.

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

    The foregoing proposed rule change has become effective upon filing
pursuant to Section 19(b)(3)(A) \9\ of the Act and Rule 19b-4(f)(2)\10\
thereunder because it establishes a fee or other charge imposed by LCH
SA on its Clearing Members. At any time within 60 days of the filing of
the proposed rule change, the Commission summarily may temporarily
suspend such proposed rule change if it appears to the Commission that
such action is necessary or appropriate in the public interest, for the
protection of investors, or otherwise in furtherance of the purposes of
the Act.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(2).
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IV. Solicitation of Comments

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

     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-LCH SA-2019-012 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-LCH SA-2019-012.
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 that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for website
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 LCH SA
and on LCH SA's website at https://www.lch.com/resources/rules-and-regulations/proposed-rule-changes-0. 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-LCH
SA-2019-012 and should be submitted on or before January 30, 2020.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-00118 Filed 1-8-20; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 176 (Tuesday, September 11, 2012)]
[Rules and Regulations]
[Pages 55695-55698]
[FR Doc No: 2012-22207]

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ENVIRONMENTAL PROTECTION AGENCY

 40 CFR Part 52

[EPA-R03-OAR-2012-0280; FRL-9724-8]

Approval and Promulgation of Implementation Plans; Virginia;
Revisions to the State Implementation Plan Approved by EPA Through
Letter Notice Actions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; administrative change.

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SUMMARY: EPA is taking final action on administrative changes to the
Virginia State Implementation Plan (SIP). The changes consist of
revised regulatory citations found in Virginia's regulations pertaining
to municipal solid waste landfills and open burning which EPA
previously approved through a Letter Notice. EPA has determined that
this action falls under the ``good cause'' exemption in the
Administrative Procedure Act (APA). This exemption in the APA
authorizes agencies to dispense with public participation and to make
an action effective immediately, thereby avoiding the 30-day delayed
effective date otherwise provided for in the APA.

DATES: This action is effective September 11, 2012.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2012-0280. All documents in the docket are listed in
the www.regulations.gov Web site. Although listed in the electronic
docket, some information is not publicly available, i.e., confidential
business information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as

copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through
www.regulations.gov or in hard copy for public inspection during normal
business hours at the Air Protection Division, U.S. Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103. Copies of the State submittal are available at the
Virginia Department of Environmental Quality, 629 East Main Street,
Richmond, Virginia 23219.

FOR FURTHER INFORMATION CONTACT: Harold A. Frankford at<PHONE_NUMBER>,
or by email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or
``our'' refer to EPA.

I. What is being addressed in this document?

    EPA is taking final action on administrative changes to the
Virginia SIP. On March 16, 2012, Virginia submitted a SIP revision
which revises regulatory citations found in Regulations 9VAC5 Chapter
40, Part I, Article 43 (Municipal Solid Waste Landfills) and Chapter
130, Part I (Regulation for Open Burning). The amended text changes
those citations which cross-reference Virginia's current Solid Waste
Management Regulations (9VAC5-20-81). The affected SIP-approved
regulations are sections 5-40-5810, 5-40-5820, 5-40-5850, 5-40-5880, 5-
40-5920, 5-130-20, and 5-130-40. EPA has determined that the revisions
are minor SIP changes without any substantive changes, and that they
comply with all applicable requirements of the CAA and EPA regulations
concerning such SIP revisions. EPA approved these revisions through a
Letter Notice to the Virginia Department of Environmental Quality
(VADEQ) dated June 1, 2012 consistent with the procedures outlined in
both EPA's Notice of Procedural Changes on SIP processing published on
January 19, 1989 at 54 FR 2214 and a memorandum dated April 6, 2011
entitled ``Regional Consistency for the Administrative Requirements of
State Implementation Plan Submittals and the Use of Letter Notices''
from Janet McCabe, Deputy Assistant Administrator for the Office of Air
and Radiation to the EPA Regional Administrators.

II. What action is EPA taking?

    Today's action merely codifies in 40 CFR 52.2420(c) the
administrative amendments approved by EPA through its June 1, 2012
Letter Notice to VADEQ. EPA has determined that this action falls under
the ``good cause'' exemption in section 553(b)(3)(B) of the
Administrative Procedure Act (APA). This exemption authorizes agencies
to dispense with public participation and section 553(d)(3) which
allows an agency to make an action effective immediately, thereby
avoiding the 30-day delayed effective date otherwise provided for in
the APA. With respect to the SIP revision described above, today's
administrative action simply codifies provisions which are already in
effect as a matter of law in Federal and approved state programs. Under
section 553 of the APA, an agency may find good cause where procedures
are ``impractical, unnecessary, or contrary to the public interest.''
Public comment for this administrative action is ``unnecessary''
because the revisions are administrative and non-substantive in nature.
Immediate notice of this action in the Federal Register benefits the
public by providing the public notice of the updated Virginia SIP.
Approval of these revisions will ensure consistency between state and
Federally-approved rules. EPA has determined that these changes will
not relax the SIP or adversely impact air emissions.

III. General Information Pertaining to SIP Submittals From the
Commonwealth of Virginia

    In 1995, Virginia adopted legislation that provides, subject to
certain conditions, for an environmental assessment (audit)
``privilege'' for voluntary compliance evaluations performed by a
regulated entity. The legislation further addresses the relative burden
of proof for parties either asserting the privilege or seeking
disclosure of documents for which the privilege is claimed. Virginia's
legislation also provides, subject to certain conditions, for a penalty
waiver for violations of environmental laws when a regulated entity
discovers such violations pursuant to a voluntary compliance evaluation
and voluntarily discloses such violations to the Commonwealth and takes
prompt and appropriate measures to remedy the violations. Virginia's
Voluntary Environmental Assessment Privilege Law, Va. Code Sec. 10.1-
1198, provides a privilege that protects from disclosure documents and
information about the content of those documents that are the product
of a voluntary environmental assessment. The Privilege Law does not
extend to documents or information that: (1) Are generated or developed
before the commencement of a voluntary environmental assessment; (2)
are prepared independently of the assessment process; (3) demonstrate a
clear, imminent and substantial danger to the public health or
environment; or (4) are required by law.
    On January 12, 1998, the Commonwealth of Virginia Office of the
Attorney General provided a legal opinion that states that the
Privilege Law, Va. Code Sec.  10.1-1198, precludes granting a privilege
to documents and information ``required by law,'' including documents
and information ``required by Federal law to maintain program
delegation, authorization or approval,'' since Virginia must ``enforce
Federally authorized environmental programs in a manner that is no less
stringent than their Federal counterparts. * * *'' The opinion
concludes that ``[r]egarding Sec.  10.1-1198, therefore, documents or
other information needed for civil or criminal enforcement under one of
these programs could not be privileged because such documents and
information are essential to pursuing enforcement in a manner required
by Federal law to maintain program delegation, authorization or
approval.'' Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides
that ``[t]o the extent consistent with requirements imposed by Federal
law,'' any person making a voluntary disclosure of information to a
state agency regarding a violation of an environmental statute,
regulation, permit, or administrative order is granted immunity from
administrative or civil penalty. The Attorney General's January 12,
1998 opinion states that the quoted language renders this statute
inapplicable to enforcement of any Federally authorized programs, since
``no immunity could be afforded from administrative, civil, or criminal
penalties because granting such immunity would not be consistent with
Federal law, which is one of the criteria for immunity.''
    Therefore, EPA has determined that Virginia's Privilege and
Immunity statutes will not preclude the Commonwealth from enforcing its
program consistent with the Federal requirements. In any event, because
EPA has also determined that a state audit privilege and immunity law
can affect only state enforcement and cannot have any impact on Federal
enforcement authorities, EPA may at any time invoke its authority under
the CAA, including, for example, sections 113, 167, 205, 211 or 213, to
enforce the requirements or prohibitions of the state plan,
independently of any state enforcement effort. In addition, citizen
enforcement under section 304 of the CAA is likewise unaffected by
this, or

any, state audit privilege or immunity law.

IV. Statutory and Executive Order Reviews

A. General Requirements

    Under the Clean Air Act (CAA), 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 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 Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the 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 (CRA) (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. Section 808 allows the issuing agency to
make a rule effective sooner than otherwise provided by the CRA if the
agency makes a good cause finding that notice and public procedure is
impracticable, unnecessary or contrary to the public interest. 5 U.S.C.
808(2). In taking action on this SIP revision, EPA already made such a
finding. Thus, the SIP revisions announced in this notice became
effective upon EPA's June 1, 2012 Letter Notice to Virginia. Today's
administrative action simply codifies a provision which is already in
effect as a matter of law in Federal and approved state programs. EPA
will submit a report containing this action and other information to
the U.S. Senate, the U.S. House of Representatives, and the Comptroller
General of the United States prior to publication of this action 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 November 13, 2012. 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 to codify in 40 CFR 52.2420(c) the administrative
amendments approved by EPA through its June 1, 2012 Letter Notice to
VADEQ 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, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
record keeping requirements, Sulfur oxides, Volatile organic compounds.

    Dated: August 23, 2012.
 W.C. Early,
Acting Regional Administrator, Region III.
    40 CFR Part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for 40 CFR part 52 continues to read as
follows:

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

Subpart VV--Virginia

0
2. In Sec.  52.2420, the table in paragraph (c) is amended by revising
the entries for Sections 5-40-5810, 5-40-5820, 5-40-5850, 5-40-5880, 5-
40-5920, 5-130-20 and 5-130-40. The amendments read as follows:

Sec.  52.2420  Identification of plan

    (c) * * *

                                 EPA-Approved Virginia Regulations and Statutes
----------------------------------------------------------------------------------------------------------------
                                                         State                              Explanation [former
       State citation            Title/Subject      effective date    EPA approval date        SIP citation]
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                            9 VAC 5, Chapter 40 Existing Stationary Sources [Part IV]
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                           Part II Emission Standards
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                             Article 43 Municipal Solid Waste Landfills (Rule 4-43)
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
5-40-5810..................  Definitions..........         8/17/11  6/1/12 by Letter       The SIP effective
                                                                     Notice.                date is 6/1/12.
5-40-5820..................  Standard for air              8/17/11  6/1/12 by Letter       The SIP effective
                              emissions.                             Notice.                date is 6/1/12.

                                                  * * * * * * *
5-140-5850.................  Compliance...........         8/17/11  6/1/12 by Letter       The SIP effective
                                                                     Notice.                date is 6/1/12.

                                                  * * * * * * *
5-40-5880..................  Reporting............         8/17/11  6/1/12 by Letter       The SIP effective
                                                                     Notice.                date is 6/1/12.

                                                  * * * * * * *
5-40-5920..................  Permits..............         8/17/11  6/1/12 by Letter       The SIP effective
                                                                     Notice.                date is 6/1/12.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
       9 VAC 5, Chapter 130 Regulations for Open Burning [Formerly 9VAC5 Chapter 40, Part II, Article 40]
----------------------------------------------------------------------------------------------------------------
                                            Part I General Provisions
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
5-130-20...................  Definitions..........         8/17/11  6/1/12 by Letter       The SIP effective
                                                                     Notice.                date is 6/1/12.

                                                  * * * * * * *
5-130-40...................  Permissible open              8/17/11  6/1/12 by Letter       The SIP effective
                              burning.                               Notice.                date is 6/1/12.

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

* * * * *
[FR Doc. 2012-22207 Filed 9-10-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: December 13, 2007 (Volume 72, Number 239)]
[Rules and Regulations]
[Page 70808-70810]
[DOCID:fr13de07-17]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Part 192

[Docket ID PHMSA-2003-15852]
RIN 2137-AE17

Pipeline Safety: Applicability of Public Awareness Regulations to
Certain Gas Distribution Operators

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation (DOT).

ACTION: Final rule.

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

SUMMARY: This final rule relaxes regulatory requirements governing
public awareness programs conducted by operators of master meter
systems and certain operators of petroleum gas systems. These operators
typically manage property and incidentally provide gas service to
customers located on the property. The change provides a less
burdensome means for these operators to satisfy public awareness needs.

DATES: This final rule takes effect January 14, 2008.

FOR FURTHER INFORMATION CONTACT: For information about this rulemaking
contact Barbara Betsock by phone at<PHONE_NUMBER>, or by e-mail at

<EMAIL_ADDRESS>For information about public awareness
programs, contact Blaine Keener by phone at<PHONE_NUMBER> or e-mail at
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

Background

    PHMSA reopened this rulemaking in response to a petition for
reconsideration filed by the American Public Gas Association (APGA).
The APGA proposed that we exempt operators of master meter systems from
the agency's new public awareness regulations (70 FR 28833; May 19,
2005), which require all pipeline operators to develop written public
awareness programs following American Petroleum Institute Recommended
Practice 1162 (API RP 1162). The specific regulations in issue
(codified at 49 CFR 192.616) require all pipeline operators to provide
pipeline safety awareness materials to the affected public, emergency
officials, local public officials, and excavators. The APGA petition
asked that PHMSA amend these requirements on the ground that messages
from operators of master meter systems to the public and emergency
officials could differ from messages being sent by large gas
distribution operators and cause confusion among these pipeline safety
stakeholders. As an alternative, the APGA proposed that operators of
master meter systems be required to pass along to their customers the
awareness materials provided by the gas distribution operator serving
the master meter.
    PHMSA has decided to relax the public awareness requirements for
operators of master meter systems, but we are not adopting the specific
amendment proposed by the APGA. Customers on the master meter system
may already receive pipeline safety information directly from pipeline
operators near their residence. However, only the operator of the
master meter system can provide the critical information needed by
these customers to report a potential gas emergency on the master meter
system.
    During the review of the APGA petition, PHMSA determined that
operators of petroleum gas distribution systems whose primary business
is not transportation should be treated the same as operators of a
master meter distribution system with respect to public awareness
requirements. Both of these operator types typically operate gas
distribution systems within a well-defined area as a secondary
business. The potential confusion among stakeholders which the APGA
predicts for messages sent by operators of master meter systems applies
to the messages sent by operators of small petroleum gas distribution
systems. In a written response to the APGA and through public workshops
and an advisory bulletin (71 FR 34998; June 16, 2006), PHMSA indicated
its intention to relieve operators of master meter and petroleum gas
distribution systems of some of the requirements for public awareness
programs. On September 29, 2006, PHMSA published a notice of proposed
rulemaking (NPRM) to accomplish this (71 FR 57457; Sept. 29, 2006).

Comments on the NPRM and Advisory Committee Consideration

    PHMSA received five sets of comments on the NPRM. The APGA supports
the NPRM as responsive to its petition, and all commenters support
relaxing the regulations for the operators of master meter and
petroleum gas distribution systems.
    The Manufactured Housing Institute urges PHMSA to grant complete
relief from public awareness requirements to master meter operators.
PHMSA is not considering doing so because of the safety benefit of
public awareness. In addition, 49 U.S.C. 60116 requires all operators
to have public awareness programs.
    The APGA asks that PHMSA additionally require master meter
operators to pass on to their customers the educational materials
received from supplying gas companies. PHMSA is not requiring this
because the customers of master meter operators will already receive
materials from operators with pipelines near the customers.
    The National Propane Gas Association and the Maine Oil Dealer
Association ask for a clarification with respect to petroleum gas
marketers. The associations ask PHMSA to allow marketers whose business
involves transportation of gas by truck and pipeline to qualify for the
relaxed requirements proposed in the NPRM if only a small portion of
that transportation is by pipeline. The relaxed requirement criteria
are taken from existing regulations at 49 CFR 192.614(e). Operators who
currently ``qualify'' for the exemption in Sec.  192.614(e) will also
``qualify'' for the relaxed public awareness requirements. It is
unnecessary to add, as suggested by the commenters, the qualifier ``by
pipeline'' to the term ``transportation of gas'' since that term is
defined in Sec.  192.3 to be limited to pipeline transportation.
    The members of the Technical Pipeline Safety Standards Committee,
voting by letter ballot, voted unanimously to support the NPRM as
technically feasible, reasonable, cost-effective and practicable. The
letter ballots have been placed in the docket for advisory committee
materials (Docket ID PHMSA-RSPA-1998-4470).

Compliance Dates

    The regulations currently require development and implementation of
public awareness programs meeting API RP 1162. This final rule provides
less onerous requirements for master meter and petroleum gas operators
(for whom gas transportation is not a primary business activity)
regardless of size. PHMSA does not anticipate that these operators will
have difficulty complying with these relaxed requirements. However,
because gas distribution is not their primary business, it may take
more time for these operators to learn of their responsibilities for
new gas pipeline safety regulations. Therefore, we are including a
compliance date six months from issuance of this final rule.

Regulatory Analyses and Notices

Privacy Act Statement

    Anyone may search the electronic form of all comments received for
any of our dockets. You may review DOT's complete Privacy Act Statement
in the Federal Register published on April 11, 2000 (65 FR 19477) or
you may visit http://dms.dot.gov.

Executive Order 12866 and DOT Policies and Procedures

    This final rule is not a significant regulatory action under
section 3(f) of Executive Order 12866 (58 FR 51735) and, therefore, was
not reviewed by the Office of Management and Budget. This final rule is
not significant under the Regulatory Policies and Procedures of the
Department of Transportation (44 FR 11034).

Regulatory Flexibility Act

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), PHMSA
must consider whether rulemaking actions would have a significant
economic impact on a substantial number of small entities. This final
rule will affect about 20,000 operators of master meters and petroleum
gas systems. Although we do not have quantitative data, we believe most
of these operators are small entities. This final rule will relieve
regulatory burden for most of these operators. Based on the above
information, I hereby certify under section 605 of the Regulatory
Flexibility Act that this regulation rule will not have a significant
impact on a substantial number of small entities.

Executive Order 13175

    PHMSA has analyzed this rulemaking according to Executive Order
13175, ``Consultation and Coordination with Indian Tribal
Governments.'' Because this final rule will not significantly or
uniquely affect the communities of the Indian tribal governments or
impose substantial direct compliance costs, the funding and
consultation requirements of Executive Order 13175 do not apply.

Paperwork Reduction Act

    This final rule does not impose any new information collection
requirements.

Unfunded Mandates Reform Act of 1995

    This final rule does not impose unfunded mandates under the
Unfunded Mandates Reform Act of 1995. It does not result in costs of
$100 million or more to either State, local, or tribal governments, in
the aggregate, or to the private sector, and is the least burdensome
alternative that achieves the objective of the rulemaking.

National Environmental Policy Act

    PHMSA has analyzed this final rule for purposes of the National
Environmental Policy Act (42 U.S.C. 4321 et seq.) and determined this
final rule is unlikely to affect the quality of the human environment
significantly. An environmental assessment document is available for
review in the docket.

Executive Order 13132

    PHMSA has analyzed the rulemaking according to Executive Order
13132 (``Federalism''). This final rule does not have a substantial
direct effect on the States, the relationship between the national
government and the States, or the distribution of power and
responsibilities among the various levels of government. This final
rule does not impose substantial direct compliance costs on State and
local governments. This final regulation would not preempt state law
for intrastate pipelines. Therefore, the consultation and funding
requirements of Executive Order 13132 do not apply.

Executive Order 13211

    Transporting gas impacts the nation's available energy supply.
However, this final rule is not a ``significant energy action'' under
Executive Order 13211. It also is not a significant regulatory action
under Executive Order 12866 and is not likely to have a significant
adverse effect on the supply, distribution, or use of energy. Further,
the Administrator of the Office of Information and Regulatory Affairs
has not identified this final rule as a significant energy action.

List of Subjects in 49 CFR Part 192

    Pipeline safety, Reporting and recordkeeping requirements.

0
For the reasons provided in the preamble, PHMSA amends 49 CFR part 192
as follows:

PART 192--TRANSPORTATION OF NATURAL AND OTHER GAS BY PIPELINE:
MINIMUM FEDERAL SAFETY STANDARDS

0
1. The authority citation for part 192 continues to read as follows:

    Authority: 49 U.S.C. 5103, 60102, 60104, 60108, 60109, 60110,
60113, 60116, and 60118; and 49 CFR 1.53.

0
2. Amend Sec.  192.616 as follows:
0
a. Revise paragraph (a);
0
b. Revise the second sentence of paragraph (h); and
0
c. Add paragraph (j).
    The revisions and additions read as follows:

Sec.  192.616  Public awareness.

    (a) Except for an operator of a master meter or petroleum gas
system covered under paragraph (j) of this section, each pipeline
operator must develop and implement a written continuing public
education program that follows the guidance provided in the American
Petroleum Institute's (API) Recommended Practice (RP) 1162
(incorporated by reference, see Sec.  192.7).
* * * * *
    (h) * * * The operator of a master meter or petroleum gas system
covered under paragraph (j) of this section must complete development
of its written procedure by June 13, 2008. * * *
* * * * *
    (j) Unless the operator transports gas as a primary activity, the
operator of a master meter or petroleum gas system is not required to
develop a public awareness program as prescribed in paragraphs (a)
through (g) of this section. Instead the operator must develop and
implement a written procedure to provide its customers public awareness
messages twice annually. If the master meter or petroleum gas system is
located on property the operator does not control, the operator must
provide similar messages twice annually to persons controlling the
property. The public awareness message must include:
    (1) A description of the purpose and reliability of the pipeline;
    (2) An overview of the hazards of the pipeline and prevention
measures used;
    (3) Information about damage prevention;
    (4) How to recognize and respond to a leak; and
    (5) How to get additional information.

    Issued in Washington, DC, on December 6, 2007.
Krista L. Edwards,
Acting Administrator.
[FR Doc. E7-24124 Filed 12-12-07; 8:45 am]

BILLING CODE 4910-60-P


[Federal Register Volume 77, Number 191 (Tuesday, October 2, 2012)]
[Notices]
[Page 60167]
[FR Doc No: 2012-24187]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Agency Information Collection Activities: Requests for Comments;
Clearance of Renewed Approval of Information Collection: Damage
Tolerance and Fatigue Evaluation of Composite Rotorcraft Structures

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval to renew an information
collection. The Federal Register Notice with a 60-day comment period
soliciting comments on the following collection of information was
published on July 19, 2012, vol. 77, no. 139, page 42547-42548. To
obtain type certification of a rotorcraft, applicants must submit
substantiating data to show that the rotorcraft complies with specific
certification requirements.

DATES: Written comments should be submitted by November 1, 2012.

FOR FURTHER INFORMATION CONTACT: Kathy DePaepe at<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    OMB Control Number: 2120-0753.
    Title: Damage Tolerance and Fatigue Evaluation of Composite
Rotorcraft Structures.
    Form Numbers: There are no FAA forms associated with this
collection.
    Type of Review: Renewal of an information collection.
    Background: A final rule (76 FR 74655) revised parts 27 and 29 of
Title 14 of the Code of Federal Regulations to add new certification
standards for normal and transport category rotorcraft to address
advances in structural damage tolerance and fatigue substantiation
technology for composite rotorcraft structures. In order to show
compliance and obtain type certification, applicants must submit
substantiating data which is reviewed by the FAA to determine if the
rotorcraft complies with the applicable minimum safety requirements for
damage tolerance and fatigue evaluation of composite structures and
that the rotorcraft has no unsafe features in the composite structures.
    Respondents: 10.5 applicants for part 27 rotorcraft and 6
applicants for part 29 rotorcraft over 27 years.
    Frequency: Information is collected on occasion.
    Estimated Average Burden per Response: 178 hours.
    Estimated Total Annual Burden: 109 hours annually over a 27 year
period.

ADDRESSES: Interested persons are invited to submit written comments on
the proposed information collection to the Office of Information and
Regulatory Affairs, Office of Management and Budget. Comments should be
addressed to the attention of the Desk Officer, Department of
Transportation/FAA, and sent via electronic mail to<EMAIL_ADDRESS>or faxed to<PHONE_NUMBER>, or mailed to the
Office of Information and Regulatory Affairs, Office of Management and
Budget, Docket Library, Room 10102, 725 17th Street NW., Washington, DC
20503.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.

    Issued in Washington, DC, on September 25, 2012.
Albert R. Spence,
FAA Assistant Information Collection Clearance Officer, IT Enterprises
Business Services Division, AES-200.
[FR Doc. 2012-24187 Filed 10-1-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 206 (Tuesday, October 25, 2016)]
[Notices]
[Pages 73471-73472]
[FR Doc No: 2016-25538]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Hazardous Materials: Notice of Applications for Special Permits

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: List of Applications for Special Permits.

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

SUMMARY: In accordance with the procedures governing the application
for, and the processing of, special permits from the Department of
Transportation's Hazardous Material Regulations (49 CFR part 107,
subpart B), notice is hereby given that the Office of Hazardous
Materials Safety has received the application described herein. Each
mode of transportation for which a particular special permit is
requested is indicated by a number in the ``Nature of Application''
portion of the table below as follows: 1--Motor vehicle, 2--Rail
freight, 3--Cargo vessel, 4--Cargo aircraft only, 5--Passenger-carrying
aircraft.

DATES: Comments must be received on or before November 25, 2016.

ADDRESSES: Address Comments To: Record Center, Pipeline and Hazardous
Materials Safety Administration, U.S. Department of Transportation,
Washington, DC 20590.
    Comments should refer to the application number and be submitted in
triplicate. If confirmation of receipt of comments is desired, include
a self-addressed stamped postcard showing the special permit number.

FOR FURTHER INFORMATION CONTACT: Ryan Paquet, Director, Office of
Hazardous Materials Approvals and Permits Division, Pipeline and
Hazardous Materials Safety Administration, U.S. Department of
Transportation, East Building, PHH-30, 1200 New Jersey Avenue
Southeast, Washington, DC 20590-0001,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Copies of the applications are available for
inspection in the Records Center, East Building, PHH-30, 1200 New
Jersey Avenue Southeast, Washington, DC or at http://regulations.gov.
    This notice of receipt of applications for special permit is
published in accordance with Part 107 of the Federal hazardous
materials transportation law (49 U.S.C. 5117(b); 49 CFR 1.53(b)).

    Issued in Washington, DC, on October 13, 2016.
Donald Burger,
Chief, Office of the Special Permits and Approvals.

----------------------------------------------------------------------------------------------------------------
                                                                      Regulation(s)       Nature of the special
   Application No.           Docket No.            Applicant             affected            permits thereof
----------------------------------------------------------------------------------------------------------------
                                              SPECIAL PERMITS DATA
----------------------------------------------------------------------------------------------------------------
20333-N..............  .....................  Antonov Design       173.27(b)(2),        To authorize the
                                               Bureau.              175.30(a)(1),        transportation in
                                                                    172.101(j),          commerce of certain
                                                                    172.203(a),          hazardous materials
                                                                    172.301(c).          forbidden aboard cargo
                                                                                aircraft only. (mode 4)
20337-N..............  .....................  Textron Systems      173.27(b)(2),        To authorize the
                                               Corporation.         173.27(b)(3),        transportation in
                                                                    175.30(a)(1),        commerce of Class 1
                                                                    172.101(j),          materials for- bidden
                                                                    172.204(c)(3).       by cargo-only aircraft
                                                                                via air transportation.
                                                                                (mode 4)
20339-N..............  .....................  Atlas Air, Inc.....  173.27(b)(2),        To authorize the
                                                                    173.27(b)(3),        transportation in
                                                                    175.30(a)(1),        commerce of certain
                                                                    172.101(j),          hazardous materials
                                                                    172.204(c)(3).       forbidden aboard cargo
                                                                                aircraft only. (mode 4)
20340-N..............  .....................  Vinci Technologies.  173.301(f),          To authorize the
                                                                    173.302(a),          transportation in
                                                                    173.304(a),          commerce of certain
                                                                    173.201, 178.37(f).  hazardous materials in
                                                                                non-DOT specification
                                                                                cylinders. (modes 1, 2,
                                                                                3)
20342-N..............  .....................  O M P Racing Spa...  173.309(c)(3)......  To authorize the
                                                                                transportation in
                                                                                commerce of fire
                                                                                extinguishers with a
                                                                                burst pressure lower
                                                                                than that required in
                                                                                the HMR. (mode 1)

20343-N..............  .....................  Dr. Ing H.C.F.       172.101 Column (9B)  To authorize the
                                               Porsche AG.                               transportation in
                                                                                commerce of lithiumion
                                                                                batteries that exceed
                                                                                35 kg by cargo-only
                                                                                aircraft. (mode 4)
----------------------------------------------------------------------------------------------------------------
20347-N..............  .....................  National Air Cargo   173.27(b)(2),        To authorize the
                                               Group, Inc.          173.27(b)(3),        transportation in
                                                                    175.30(a),           commerce of certain
                                                                    175.30(a)(1),        explosives exceeding
                                                                    172.101, 172.204,    the quantity limits
                                                                    172.204(c)(3).       authorize for cargo-
                                                                                only aircraft. (mode 4)
20348-N..............  .....................  Wrightspeed, Inc...  173.185(a).........  To authorize the
                                                                                transportation in
                                                                                commerce of proto-type
                                                                                lithiumion batteries by
                                                                                cargo-only aircraft.
                                                                                (mode 4)
20350-N..............  .....................  Strato, Inc........  179.7(b)(8)........  To authorize the
                                                                                manufacture, mark,
                                                                                sell, and use of tank
                                                                                car service equipment
                                                                                manufactured under a
                                                                                previously valid Class
                                                                                F registration. (mode
                                                                                2)
20352-N..............  .....................  Schlumberger         173.301(f),          To authorize the
                                               Technology Corp.     173.304(a),          manufacture, mark,
                                                                    173.302(a),          sale, and use of non-
                                                                    173.304(d),          DOT specification
                                                                    173.201(c),          cylinders for the
                                                                    173.202(c),          transportation of
                                                                    173.203(c).          certain hazardous
                                                                                materials. (modes 1, 3)
20353-N..............  .....................  Accuray              173.302(a), 175.3,   To authorize the
                                               Incorporated.        172.400,             transportation in
                                                                    172.301(c).          commerce of Xenon gas
                                                                                in a non-DOT
                                                                                specification container
                                                                                (detector), either
                                                                                shipped alone or as an
                                                                                integral part of a
                                                                                gantry assembly. (modes
                                                                                1, 2, 3)
20355-N..............  .....................  Enersys Advanced     173.185(a)(1)......  To authorize the
                                               Systems, Inc.                             transportation in
                                                                                commerce of lithium
                                                                                batteries that are of a
                                                                                type not proven to meet
                                                                                the requirements of the
                                                                                UN Manual of Tests and
                                                                                Criteria. (modes 1,4)
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2016-25538 Filed 10-24-16; 8:45 am]
 BILLING CODE 4910-60-M


[Federal Register: April 15, 2009 (Volume 74, Number 71)]
[Rules and Regulations]
[Page 17390-17391]
[DOCID:fr15ap09-9]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2008-1290; Airspace Docket No. 08-AGL-19]

Amendment of Class E Airspace; Battle Creek, MI

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Class E airspace at Battle Creek, MI.
Additional controlled airspace is necessary to accommodate Area
Navigation (RNAV) Standard Instrument Approach Procedures (SIAP) at
W.K. Kellogg Airport, Battle Creek, MI. The FAA is taking this action
to enhance the safety and management of Instrument Flight Rule (IFR)
operations at W.K. Kellogg Airport.

DATES: Effective Date: 0901 UTC, July 2, 2009. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR Part 51, subject to the annual revision of FAA Order 7400.9 and
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center,
Operations Support Group, Federal Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort Worth, TX 76193-0530; telephone (817)
321-7716.

SUPPLEMENTARY INFORMATION:

History

    On January 13, 2009, the FAA published in the Federal Register a
notice of proposed rulemaking to amend Class E airspace at Battle
Creek, MI, adding additional controlled airspace at W.K. Kellogg
Airport, Battle Creek, MI (74 FR 1652, Docket No. FAA-2008-1290).
Interested parties were invited to participate in this rulemaking
effort by submitting written comments on the proposal to the FAA. No
comments were received. Class E airspace designations are published in
paragraph 6005 of FAA Order 7400.9S signed October 3, 2008, and
effective October 31, 2008, which is incorporated by reference in 14
CFR Part 71.1. The Class E airspace designations listed in this
document will be published subsequently in that Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
Part 71 by amending Class E airspace at Battle Creek, MI, adding
additional controlled airspace extending upward from 700 feet or more
above the surface at W.K. Kellogg Airport, Battle Creek, MI.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this regulation: (1) Is not a ``significant regulatory
action'' under Executive Order 12866; (2) is not a ``significant rule''
under DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3)

does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, Section 106, describes
the authority of the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it adds additional controlled airspace in the Battle Creek, MI
airspace area, at W.K. Kellogg Airport, Battle Creek, MI.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

0
In consideration of the foregoing, the Federal Aviation Administration
amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority:  49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854,
24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR part 71.1 of the Federal
Aviation Administration Order 7400.9S, Airspace Designations and
Reporting Points, signed October 3, 2008, and effective October 31,
2008, is amended as follows:

Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface.

* * * * *

AGL MI E5 Battle Creek, MI [Amended]

Battle Creek, W.K. Kellogg Airport, MI
    (Lat. 42[deg]18'26'' N., long. 85[deg]15'05'' W.)
BATOL LOM/NDB
    (Lat. 42[deg]21'43'' N., long. 85[deg]11'04'' W.)

    That airspace extending upward from 700 feet above the surface
within a 7-mile radius of W.K. Kellogg Airport and within 4 miles
each side of the 222[deg] bearing from the airport extending from
the 7-mile radius to 11.7 miles southwest of the airport, and within
4 miles each side of the 049[deg] bearing from the airport extending
from the 7-mile radius to 10.9 miles northeast of the airport, and
within 7 miles northwest and 4.4 miles southeast of the Battle Creek
ILS localizer northeast course extending from the 7-mile radius to
10.4 miles northeast of the BATOL LOM/NDB.
* * * * *

    Issued in Fort Worth, TX, on April 2, 2009.
Anthony D. Roetzel,
Manager, Operations Support Group, ATO Central Service Center.
 [FR Doc. E9-8579 Filed 4-14-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 93 (Tuesday, May 16, 2017)]
[Proposed Rules]
[Pages 22452-22453]
[FR Doc No: 2017-09998]

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

40 CFR Part 704

[EPA-HQ-OPPT-2010-0572; FRL-9962-64]
RIN 2070-AK39

Draft Guidance for Reporting of Chemical Substances When
Manufactured or Processed as Nanoscale Materials; Notice of
Availability and Request for Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Draft guidance; request for comment.

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

SUMMARY: With this document, EPA is announcing the availability of and
requesting public comment on the draft guidance document, entitled:
``Guidance on EPA's Section 8(a) Information Gathering Rule on
Nanomaterials in Commerce''. This guidance provides answers to
questions the Agency has received from manufacturers (includes
importers) and processors of certain chemical substances when they are
manufactured or processed at the nanoscale as described in a final rule
that appeared in the Federal Register of January 12, 2017. That rule
involves one-time reporting for existing discrete forms of certain
nanoscale materials, and a standing one-time reporting requirement for
new discrete forms of certain nanoscale materials.

DATES: Comments must be received on or before June 15, 2017.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2010-0572, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: Document Control Office (7407M), Office of Pollution
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: For technical information contact: Jim
Alwood, Chemical Control Division (7405M), Office of Pollution
Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number:
(202) 564-8974; email address<EMAIL_ADDRESS>    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Who does this action apply to?

    You may be potentially affected by this action if you manufacture
or process or intend to manufacture or process nanoscale forms (forms
with particle sizes of 1-100 nm) of certain chemical substances as
defined in TSCA section 3. You may also want to consult 40 CFR 704.3
and 704.5, and the January 2017 final rule, for further information on
the applicability of the reporting requirements as well as exemptions
to the rule. The following list of North American Industrial
Classification System (NAICS) codes is not intended to be exhaustive,
but rather provides a guide to help readers determine whether this
document may apply to them:
     Chemical Manufacturing or Processing (NAICS codes 325).
     Synthetic Dye and Pigment Manufacturing (NAICS code
325130).
     Other Basic Inorganic Chemical Manufacturing (NAICS code
325180).
     Rolled Steel Shape Manufacturing (NAICS code 331221).
     Semiconductor and Related Device Manufacturing (NAICS code
334413).
     Carbon and Graphite Product Manufacturing (NAICS code
335991).
     Home Furnishing Merchant Wholesalers (NAICS code 423220).
     Roofing, Sliding, and Insulation Material Merchant
Wholesalers (NAICS code 423330).
     Metal Service Centers and Other Metal Merchant Wholesalers
(NAICS code 423510).

II. Background

    The nanoscale reporting rule that appeared in the Federal Register
of January 12, 2017 (82 FR 3641; FRL-

9957-81), requires persons that manufacture (defined by statute to
include import) or process, or intend to manufacture or process those
chemical substances subject to the rule to report to EPA the specific
chemical identity, production volume, methods of manufacture and
processing, exposure and release information, and existing information
concerning environmental and health effects.

III. What action is the agency taking?

    EPA is announcing the availability of and requesting public comment
on the draft guidance document, entitled: ``Guidance on EPA's Section
8(a) Information Gathering Rule on Nanomaterials in Commerce''. This
draft guidance provides answers to questions the Agency has received
from manufacturers (includes importers) and processors regarding the
rule.
    This draft guidance is being made available on the Agency's Web
site at https://www.epa.gov/reviewing-new-chemicals-under-toxic-substances-control-act-tsca/control-nanoscale-materials-under#guidance,
and is also available in the docket (docket ID number EPA-HQ-OPPT-2010-
0572). Please go to http://www.regulations.gov to access the docket and
follow the online instructions to submit comments.
    EPA is accepting comments regarding the guidance, but is not
accepting comments regarding the rule itself, which has already been
finalized.

IV. What is the agency's authority for taking this action?

    The final rule was issued under the authority in section 8(a) of
the Toxic Substances Control Act as amended by the Frank R. Lautenberg
Chemical Safety for the 21st Century Act (TSCA), 15 U.S.C. 2601 et
seq., which provides EPA with authority to require reporting,
recordkeeping and testing, and impose restrictions relating to chemical
substances and/or mixtures.

V. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

    Authority:  15 U.S.C. 2601 et seq.

    Dated: May 10, 2017.
Wendy Cleland-Hamnett,
Acting Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.
[FR Doc. 2017-09998 Filed 5-12-17; 4:15 pm]
 BILLING CODE 6560-50-P