[Federal Register Volume 83, Number 185 (Monday, September 24, 2018)]
[Rules and Regulations]
[Pages 48253-48256]
[FR Doc No: 2018-20478]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 61 and 63

[EPA-R01-OAR-2017-0641; FRL-9979-67-Region 1]

Approval of the Clean Air Act Section 112(l), Authority for
Hazardous Air Pollutants: Asbestos Management and Control; Clerical
Corrections to Incorporation by Reference of Inactive Waste Disposal
Rules; State of New Hampshire Department of Environmental Services

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is granting the New
Hampshire Department of Environmental Services (NH DES) the authority
to implement and enforce the amended Asbestos Management and Control
Rule in place of the National Emission Standard for Asbestos (Asbestos
NESHAP) as it applies to certain asbestos-related activities. NH DES's
amended rule applies to all sources that otherwise would be regulated
by the Asbestos NESHAP with the exception of inactive waste disposal
sites that ceased operation on or before July 9, 1981. These inactive
waste disposal sites are already regulated by State rules that were
approved by the EPA on January 11, 2013. This approval makes NH DES's
amended Asbestos Management and Control Rule federally enforceable. In
addition, EPA is correcting clerical errors in our regulations that
incorporate by reference New Hampshire rules regulating inactive waste
disposal sites. This action is being taken in accordance with the Clean
Air Act.

DATES: This rule is effective on October 24, 2018. The incorporation by
reference of certain publications listed in the rule is approved by the
Director of the Federal Register as of October 24, 2018.

ADDRESSES: The EPA has established a docket for this action under
Docket Identification No. EPA-R01-OAR-2017-0641. All documents in the
docket are listed on the https://www.regulations.gov website. Although
listed in the index, some information is not publicly available, i.e.,
CBI or other information whose disclosure is restricted by statute.
Certain other material, such as copyrighted material, is not placed on
the internet and will be publicly available only in hard copy form.
Publicly available docket materials are available at https://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA
Region 1 Office, Office of Ecosystem Protection, Air Permits, Toxics
and Indoor Programs Unit, 5 Post Office Square--Suite 100, Boston, MA.
The EPA requests that if at all possible, you contact the contact
listed in the FOR FURTHER INFORMATION CONTACT section to schedule your
inspection. The Regional Office's official hours of business are Monday
through Friday, 8:30 a.m. to 4:30 p.m., excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: Susan Lancey, Air Permits, Toxics, and
Indoor Programs Unit, U.S. Environmental Protection Agency, EPA Region
1 Office, 5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston,
MA 02109-3912, telephone number<PHONE_NUMBER>, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.

Table of Contents

I. Background and Purpose
II. Response to Comments
III. Good Cause Finding for Revisions to Certain Regulations That
Incorporate By Reference New Hampshire Rules Regulating Inactive
Asbestos Disposal Sites Not Operated After July 9, 1981
IV. Final Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. Background and Purpose

    On March 26, 2018 (83 FR 12917), the EPA published a Notice of
Proposed Rulemaking (NPRM) that proposed approval of NH DES's amended
rules in Env-A 1800, ``Asbestos Management and Control,'' effective as
of May 5, 2017, as a partial rule substitution for the Asbestos NESHAP,
for all sources in New Hampshire except for inactive waste disposal
sites not operated after July 9, 1981.
    Under CAA section 112(l), the EPA may approve state or local rules
or programs to be implemented and enforced in place of certain
otherwise applicable Federal rules, emissions standards, or
requirements. The Federal regulations governing EPA's approval of state
and local rules or programs under section 112(l) are located at 40 CFR
part 63, subpart E. See 58 FR 62262 (November 26, 1993), as amended by
65 FR 55810 (September 14, 2000). Under these regulations, a state air
pollution control agency has the option to request EPA's approval to
substitute a state rule for the applicable Federal rule (e.g., the
National Emission Standards for Hazardous Air Pollutants). Upon
approval by the EPA, the state agency is authorized to implement and
enforce its rule in place of the Federal rule, and the state rule
becomes federally enforceable in that state.
    The EPA first promulgated standards to regulate asbestos emissions
on April 6, 1973. See 38 FR 8826. These standards have since been
amended several times and re-codified in 40 CFR part 61, subpart M,
``National Emission Standard for Asbestos'' (Asbestos NESHAP). On
January 11, 2013, the EPA approved the New Hampshire regulation Env-A
1800 titled ``Asbestos Management and Control'' (Asbestos Management
and Control Rule) as a rule adjustment for the Asbestos NESHAP,
applicable to all sources in New Hampshire except for inactive waste
disposal sites not operated after July 9, 1981. See 78 FR 2333.\1\
These inactive disposal sites are regulated by other State rules that
were also approved by the EPA on January 11, 2013. See id.\2\
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    \1\ The EPA originally approved NH's Asbestos Management and
Control Rule on November 28, 2006, see 71 FR 68746, and approved an
updated version of the rule on January 11, 2013.
    \2\ The EPA originally approved NH's Inactive Waste Disposal
Site Rule on May 28, 2003, see 68 FR 31611, and approved an updated
version of the rule on January 11, 2013.
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    In a letter dated July 21, 2017, supplemented on August 21, 2017,
September 21, 2017, and March 1, 2018, NH DES requested approval of its
amended rules pertaining to asbestos management in New Hampshire.
Specifically, NH requested approval of Parts Env-A 1801-1807 and
Appendices B, C and D of Env-A 1800 titled ``Asbestos Management and
Control,'' \3\ effective as of May 5, 2017.
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    \3\ NH did not request approval of the following provisions
1801.02(e), 1801.07, 1802.02, 1802.04, 1802.07-1802.09, 1802.13,
1802.15-1802.17, 1802.25, 1802.31, 1802.37, 1802.40, 1802.44, and
1803.05-1803.09. In addition, NH DES did not request approval of
Env-A 1808 (relating to asbestos analytical requirements), Env-A
1808-1814 (relating to personnel licensing and training), and
Appendix A: State Statutes and Federal Regulations Implemented.
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    The details of NH's submission and the rationale for EPA's proposed
action are explained in the NPRM and will not be restated here.

II. Response to Comments

    We received a number of anonymous comments on the proposed action
that were not germane to the proposal and/or did not specify what
changes should be made to our proposed approval of New Hampshire's
Asbestos Management and Control Rule. Many of the comments identified
and pertained to issues that are outside the scope of, and do not
reference, the proposed action. Therefore, the EPA will not provide any
further specific responses to these comments. The EPA did however

receive one comment which could be construed to refer to the proposed
approval of New Hampshire's Asbestos Management and Control Rule.
    Comment: A single anonymous comment discussed EPA's use of certain
data relating to greenhouse gas emissions. In this context, the comment
also stated that ``The Rule created potentially unduly burdensome
requirements [sic] Given the extremely limited pollutant loadings and
relative high costs, according to EPA's own analysis, the requirements
appear to be ripe for substantial reduction or elimination this [sic]
entire subcategory would be excluded by rule given the de minimis
amount of pollution.''
    Response: The EPA believes this comment is not relevant as the
proposed action does not use data relating to or regulate greenhouse
gas emissions. Read in context, the commenter's reference to ``[t]he
Rule'' appears to refer to a different, unspecified action relating to
greenhouse gas emissions. However, to the extent that the reference is
to the proposed rule we are finalizing in this action, the EPA
disagrees with the comment because this action merely approves the
State's requirements in place of Federal requirements and does not
impose additional requirements beyond those imposed by state law.

III. Good Cause Finding for Revisions to Certain Regulations That
Incorporate By Reference New Hampshire Rules Regulating Inactive
Asbestos Disposal Sites Not Operated After July 9, 1981

    EPA is also revising certain regulations that incorporate by
reference New Hampshire rules regulating inactive asbestos disposal
sites not operated after July 9, 1981 (``Inactive Asbestos Disposal
Rules'').\4\ These revisions are minor, non-substantive clarifications
to 40 CFR 63.14(l)(6)(i) and 63.99(a)(30)(iii) and (a)(30)(iii)(A).
Therefore, EPA is promulgating these revisions without notice and
comment. Section 553(b)(B) of the Administrative Procedure Act, 5
U.S.C. 553(b)(B), provides that, when an agency for good cause finds
that public notice and comment procedures are impracticable,
unnecessary, or contrary to the public interest, the agency may issue a
rule without providing notice and an opportunity for public comment.
EPA has determined that there is good cause for finalizing this portion
of the rule without prior proposal and opportunity for comment because
such notice and opportunity for comment is unnecessary as these
revisions correct minor, non-substantive, clerical errors.
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    \4\ These revisions described in this section of the preamble to
40 CFR 63.14(l)(6)(i) and 63.99(a)(30)(iii) and (a)(30)(iii)(A),
relating to EPA's incorporation by reference of the previously
approved Inactive Asbestos Disposal Rules) are severable from the
remainder of this final rule. Should this portion of the rule be set
aside, EPA intends for the remainder of the rule to go into effect.
Alternatively, should another portion of the rule be set aside, EPA
intends for this portion to go into effect.
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    EPA published a direct final rule approving the Inactive Asbestos
Disposal Rules on January 11, 2013. See 78 FR 2333. We received no
adverse comments. That rule correctly incorporated the State's Inactive
Asbestos Disposal Rules by reference in both 40 CFR parts 61 and 63. In
part 63, EPA codified its approval at 40 CFR 63.99(a)(30)(iii) and
(a)(30)(iii)(A), and incorporated the State rule by reference at 40 CFR
63.14(d)(5)(i). Subsequently, on February 27, 2014, EPA, consistent
with the then-policy of the Office of Federal Register, published a
final rule revising 40 CFR 63.14 ``to arrange the materials that are
incorporated by reference in alpha-numeric order.'' See 79 FR 11233. As
a result, the Inactive Asbestos Disposal Rules were moved from
paragraph (d)(5)(i) to paragraph (k)(6). Subsequently, in a rulemaking
on September 18, 2015, EPA redesignated paragraph (k) as paragraph (l).
See 80 FR 56699. These revisions also inadvertently created two
clerical errors. First, EPA amended the IBR text, now at 40 CFR
63.14(l)(6), to refer to earlier versions of the State's Inactive
Asbestos Disposal Rules, which EPA had approved in prior actions.
Second, EPA neglected to amend the text at 40 CFR 63.99(a)(30)(iii),
which continues to refer to 40 CFR 63.14(d). This action undoes both
inadvertent errors. EPA revises 40 CFR 63.14(l)(6) to refer to the more
recent version of the Inactive Asbestos Disposal Rules, and in
substance, reverts to the text as originally and correctly promulgated
in our 2013 approval. We also update the cross-reference at 40 CFR
63.99(a)(30)(iii) to refer to the correct provision consistent with the
re-ordering and redesignating performed in the 2014 and 2015 rules.
    Providing notice and comment for these revisions is unnecessary for
three reasons. First, as explained above, this is a minor technical
correction that simply undoes a subsequent clerical error and reverts
the regulatory text back to its original form. Second, this action does
not subject any new or existing parties to additional regulation, or
otherwise alter the regulatory scheme. The relevant sources in New
Hampshire remain subject to the same State Inactive Asbestos Disposal
Rules, regardless of this correction. Third, this action does not
affect the federal enforceability of the Inactive Asbestos Disposal
Rules. Notwithstanding the clerical error introduced in the 2014
update, the Inactive Asbestos Disposal Rules remain federally
enforceable under the existing regulations, because they are correctly
incorporated by reference under part 61. See 40 CFR 61.04(c)(1)(i),
61.18(e)(1)(i). EPA properly promulgated those provisions in our 2013
approval, and they were not altered by the 2014 and 2015 updates that
introduced the clerical error into the incorporation by reference in 40
CFR 63.14.
    In addition, these revisions make additional, clerical corrections
to 40 CFR 63.99(a)(30)(iii) and (a)(30)(iii)(A), to conform to the
current policy of the Office of the Federal Register regarding citation
format and placement of references. In 40 CFR 63.99(a)(30)(iii), we are
changing the phrase ``New Hampshire Regulations Applicable to Hazardous
Air Pollutants'' to ``New Hampshire Regulations Chapter Env-Sw 2100:
Management and Control of Asbestos Disposal Sites Not Operated after
July 9, 1981, effective February 16, 2010.'' This duplicates the
precise citation to the State's regulations that is already present in
paragraph (a)(30)(iii)(A). We are also changing the phrase ``as
specified in'' to ``see.'' In 40 CFR 63.99(a)(30)(iii)(A), we are
changing the phrase ``material incorporated into the New Hampshire
Regulations at Env-Sw 2100'' to ``material incorporated from Chapter
Env-Sw 2100.'' In addition, we are moving the reference to the
effective date of the Inactive Asbestos Disposal Rules from paragraph
(a)(30)(iii)(A) to paragraph (a)(30)(iii). We are also changing the
word ``pertains'' to ``pertaining.'' See the full regulatory text of
these paragraphs later in this notice. In addition, a strikeout display
of the revised version against the existing version is provided in the
public docket. These revisions have no legal effect, and therefore
notice-and-comment is also unnecessary.

IV. Final Action

    The EPA is approving NH DES's amended rules in Parts Env-A 1801-
1807 and Appendices B, C, and D of Env-A 1800, ``Asbestos Management
and Control,'' effective as of May 5, 2017 (excluding the following
provisions: 1801.02(e), 1801.07, 1802.02, 1802.04, 1802.07-1802.09,
1802.13, 1802.15-1802.17, 1802.25, 1802.31, 1802.37, 1802.40, 1802.44,
and 1803.05-1803.09) as a partial rule substitution for the Asbestos
NESHAP, for all sources in New Hampshire except for inactive waste
disposal sites not

operated after July 9, 1981. In addition, the EPA is correcting
clerical errors in our regulations that incorporate by reference New
Hampshire rules regulating inactive waste disposal sites.

V. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of New
Hampshire's Env-A 1800, ``Asbestos Management and Control,'' effective
as of May 5, 2017, Parts Env-A 1801-1807, Appendices B, C, and D;
excluding the following provisions: 1801.02(e), 1801.07, 1802.02,
1802.04, 1802.07-1802.09, 1802.13, 1802.15-1802.17, 1802.25, 1802.31,
1802.37, 1802.40, 1802.44, and 1803.05-1803.09. An attached letter from
Clark B. Freise, Assistant Commissioner, Department of Environmental
Services, State of New Hampshire, to David J. Alukonis, Interim
Director, Office of Legislative Services, dated June 23, 2017,
certifies that the copy of the chapter Env-A 1800 is the official
version of this rule. The EPA has made, and will continue to make,
these documents generally available through https://www.regulations.gov
and at the EPA Region 1 Office (please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section of this preamble for more
information).

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator has the authority to approve
section 112(l) submissions that comply with the provisions of the Act
and applicable Federal regulations. In reviewing section 112(l)
submissions, EPA's role is to approve state choices, provided that they
meet the criteria and objectives of the CAA and of EPA's implementing
regulations. Accordingly, this action merely approves the State's
request as meeting Federal requirements and does not impose additional
requirements beyond those imposed by state law. For that reason, this
action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 regulatory action because
this action is not significant under Executive Order 12866.
     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 (Public Law 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);
    In addition, this rule 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. It also does not provide the 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). And it does not have Tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), because the EPA
is not approving the submitted rule to apply in Indian country located
in the State, and because the submitted rule will not impose
substantial direct costs on Tribal governments or preempt Tribal law.
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by November 23, 2018. 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, or extend the time within which a petition for
judicial review may be filed, or postpone the effectiveness of the
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Parts 61 and 63

    Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous substances, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements.

    Dated: September 12, 2018.
Alexandra Dunn,
 Regional Administrator, EPA Region 1.

    Title 40 CFR parts 61 and 63 are amended as follows:

PART 61--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS

0
1. The authority citation for part 61 continues to read as follows:

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

Subpart A--General Provisions

0
2. Section 61.04 is amended by revising paragraph (c)(1)(ii) to read as
follows:

Sec.  61.04  Address.

* * * * *
    (c) * * *
    (1) * * *
    (ii) The remainder of the sources subject to the asbestos
provisions in subpart M of this part, except for those listed under
paragraph (c)(1)(i) of this section, must comply with the New Hampshire
Code of Administrative Rules: Chapter Env-A 1800, Asbestos Management
and Control, effective as of May 5, 2017 as incorporated by reference,
see Sec.  61.18.
* * * * *

0
3. Section 61.18 is amended by revising paragraph (e)(1)(ii) to read as
follows:

Sec.  61.18  Incorporation by reference.

* * * * *
    (e) * * *
    (1) * * *
    (ii) New Hampshire Code of Administrative Rules: Chapter Env-A
1800, Asbestos Management and Control, effective as of May 5, 2017
(certified with June 23, 2017 letter from Clark B. Freise, Assistant
Commissioner, Department of Environmental Services, State of New
Hampshire), as follows: Revision Notes #1 and #2; Part Env-A 1801-1807,
excluding Env-A 1801.02(e), Env-A 1801.07, Env-A 1802.02, Env-A
1802.04, Env-A 1802.07-1802.09, Env-A 1802.13, Env-A 1802.15-1802.17,
Env-A 1802.25, Env-A 1802.31, Env-A 1802.37, Env-A 1802.40, Env-A
1802.44, and Env-A 1803.05-1803.09; and Appendices B, C, and D; IBR
approved for Sec.  61.04(c).

PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
FOR SOURCE CATEGORIES

0
4. The authority citation for part 63 continues to read as follows:

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

Subpart A--General Provisions

0
5. Section 63.14 is amended by revising paragraph (l)(6) to read as
follows:

Sec.  63.14  Incorporation by reference.

* * * * *
    (l) * * *
    (6)(i) New Hampshire Regulations at Env-Sw 2100, Management and
Control of Asbestos Disposal Sites Not Operated after July 9, 1981,
effective February 16, 2010 (including a letter from Thomas S. Burack,
Commissioner, Department of Environmental Services, State of New
Hampshire, to Carol J. Holahan, Director, Office of Legislative
Services, dated February 12, 2010, certifying that the enclosed rule,
Env-Sw 2100, is the official version of this rule), IBR approved for
Sec.  [thinsp]63.99(a).
    (ii) New Hampshire Code of Administrative Rules: Chapter Env-A
1800, Asbestos Management and Control, effective as of May 5, 2017
(certified with June 23, 2017 letter from Clark B. Freise, Assistant
Commissioner, Department of Environmental Services, State of New
Hampshire), as follows: Revision Notes #1 and #2; Part Env-A 1801-1807,
excluding Env-A 1801.02(e), Env-A 1801.07, Env-A 1802.02, Env-A
1802.04, Env-A 1802.07-1802.09, Env-A 1802.13, Env-A 1802.15-1802.17,
Env-A 1802.25, Env-A 1802.31, Env-A 1802.37, Env-A 1802.40, Env-A
1802.44, and Env-A 1803.05-1803.09; and Appendices B, C, and D; IBR
approved for Sec.  63.99(a).
* * * * *

Subpart E--Approval of State Programs and Delegation of Federal
Authorities

0
6. Section 63.99 is amended by revising paragraphs (a)(30)(iii) and
(iv) to read as follows:

Sec.  63.99  Delegated Federal authorities.

* * * * *
    (a) * * *
    (30) * * *
    (iii) Affected inactive waste disposal sites not operated after
July 9, 1981 within New Hampshire must comply with New Hampshire
Regulations Chapter Env-Sw 2100: Management and Control of Asbestos
Disposal Sites Not Operated after July 9, 1981, effective February 16,
2010 (incorporated by reference, see Sec.  [thinsp]63.14) as described
in paragraph (a)(30)(iii)(A) of this section:
    (A) The material incorporated by reference from Chapter Env-Sw
2100, Management and Control of Asbestos Disposal Sites Not Operated
after July 9, 1981, pertains to inactive waste disposal sites not
operated after July 9, 1981 in the State of New Hampshire's
jurisdiction, and has been approved under the procedures in Sec.  63.93
to be implemented and enforced in place of the Federal NESHAPs for
Inactive Waste Disposal Sites (40 CFR 61.151).
    (B) [Reserved]
    (iv) Affected asbestos facilities (i.e., facilities found under 40
CFR part 61, subpart M, except those listed under paragraph
(a)(30)(iii)) of this section) must comply with the New Hampshire Code
of Administrative Rules, Chapter Env-A 1800, Asbestos Management and
Control, effective as of May 5, 2017 (incorporated by reference as
specified in Sec.  63.14) as described in paragraph (a)(30)(iv)(A) of
this section:
    (A) The material incorporated by reference from Chapter Env-A 1800,
Asbestos Management and Control, pertains to those affected sources in
the State of New Hampshire's jurisdiction, and has been approved under
the procedures in Sec.  63.93 to be implemented and enforced in place
of the federal NESHAPs found at 40 CFR part 61, subpart M (except those
listed under paragraph (a)(30)(iii) of this section).
    (B) [Reserved]
* * * * *
[FR Doc. 2018-20478 Filed 9-21-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 118 (Tuesday, June 21, 2022)]
[Notices]
[Page 36917]
[FR Doc No: 2022-13356]

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UNIFIED CARRIER REGISTRATION PLAN

Sunshine Act; Meeting

TIME AND DATE: June 23, 2022, 12:00 p.m. to 2:00 p.m., Eastern time.

PLACE:  This meeting will be accessible via conference call and via
Zoom Meeting and Screenshare. Any interested person may call (i) 1-929-
205-6099 (US Toll) or 1-669-900-6833 (US Toll) or (ii) 1-877-853-5247
(US Toll Free) or 1-888-788-0099 (US Toll Free), Meeting ID: 965 6995
2102, to listen and participate in this meeting. The website to
participate via Zoom Meeting and Screenshare is https://kellen.zoom.us/meeting/register/tJIoceChqzkrGtbudVTIPzmbuubhOP9F9o9N.

STATUS:  This meeting will be open to the public.

MATTERS TO BE CONSIDERED:  The Unified Carrier Registration Plan
Education and Training Subcommittee (the ``Subcommittee'') will
continue its work in developing and implementing the Unified Carrier
Registration Plan and Agreement. The subject matter of this meeting
will include:

Proposed Agenda

I. Call to Order--Subcommittee Chair

    The Subcommittee Chair will welcome attendees, call the meeting
to order, call roll for the Subcommittee, confirm whether a quorum
is present, and facilitate self-introductions.

II. Verification of Publication of Meeting Notice--UCR Executive
Director

    The UCR Executive Director will verify the publication of the
meeting notice on the UCR website and distribution to the UCR
contact list via email followed by the subsequent publication of the
notice in the Federal Register.

III. Review and Approval of Subcommittee Agenda and Setting of Ground
Rules--Subcommittee Chair

For Discussion and Possible Subcommittee Action

    The Agenda will be reviewed, and the Subcommittee will consider
adoption of the agenda.

Ground Rules

[rtarr8] Subcommittee action only to be taken in designated areas on
agenda

IV. Review and Approval of Subcommittee Minutes From the May 12, 2022
Subcommittee Meeting--Subcommittee Chair

For Discussion and Possible Subcommittee Action

    Draft minutes from the May 12, 2022 Subcommittee meeting via
teleconference will be reviewed. The Subcommittee will consider
action to approve the minutes of the meeting.

V. Roadside Enforcement Module Video Update--Subcommittee Chair

    The Subcommittee chair will provide an update on the Roadside
Enforcement Module that describes the steps a roadside law
enforcement officer would use to enforce UCR.

VI. UCR Education and E-Certificate Strategy--Subcommittee Chair

    The Subcommittee Chair will discuss the UCR E-Certificate.

VII. UCR Volunteer Training Module--UCR Operations Manager

    The UCR Operations Manager will discuss the UCR Volunteer
Training Module.

VIII. Other Business--Subcommittee Chair

    The Subcommittee Chair will call for any other items
Subcommittee members would like to discuss.

IX. Adjournment--Subcommittee Chair

    The Subcommittee Chair will adjourn the meeting.

    The agenda will be available no later than 5:00 p.m. Eastern time,
June 16, 2022 at: https://plan.ucr.gov.

CONTACT PERSON FOR MORE INFORMATION: Elizabeth Leaman, Chair, Unified
Carrier Registration Plan Board of Directors,<PHONE_NUMBER>,
[email protected].

Alex B. Leath,
Chief Legal Officer, Unified Carrier Registration Plan.
[FR Doc. 2022-13356 Filed 6-16-22; 4:15 pm]
BILLING CODE 4910-YL-P


[Federal Register Volume 82, Number 107 (Tuesday, June 6, 2017)]
[Rules and Regulations]
[Page 25969]
[FR Doc No: 2017-11571]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2016-0648; A-1-FRL-9962-83-Region 1]

Air Plan Approval; CT; Approval of Single Source Orders;
Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correction.

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SUMMARY: The Environmental Protection Agency (EPA) published a final
rule in the Federal Register on May 1, 2017, approving reasonably
available control technology (RACT) orders for two facilities in
Connecticut, and also approving the state's request to withdraw seven
previously approved RACT orders from the Connecticut state
implementation plan. An error in the amendatory instruction is
identified and corrected in this action.

DATES: This rule is effective on June 30, 2017.

FOR FURTHER INFORMATION CONTACT: Bob McConnell, Environmental Engineer,
Air Quality Planning Unit, Air Programs Branch (Mail Code OEP05-02),
U.S. Environmental Protection Agency, Region 1, 5 Post Office Square,
Suite 100, Boston, Massachusetts, 02109-3912;<PHONE_NUMBER>;
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA published a direct final rule on May 1,
2017 (82 FR 20262) approving two Connecticut state orders, and also
approving the state's request to withdraw seven previously approved
orders from the Connecticut state implementation plan. In this
approval, EPA incorrectly identified in the amendatory instructions a
paragraph to be added to 40 CFR 52.370 as paragraph (c)(55)(i)(B). This
paragraph should have been identified as (c)(55)(i)(C). Therefore, the
amendatory instruction is being corrected to reflect the correct CFR
reference.

Correction

    In the direct final rule published in the Federal Register on May
1, 2017, (82 FR 20262), make the following correction:

Sec.  52.370  [Corrected]

0
1. On page 20266, first column, in amendatory instruction 2 for Sec.
52.370, in the fourth line, the entry for paragraph ``(c)(55)(i)(B)''
is corrected to read ``(c)(55)(i)(C).''

    Dated: May 16, 2017.
Deborah A. Szaro,
Acting Regional Administrator, EPA New England.
[FR Doc. 2017-11571 Filed 6-5-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 190 (Tuesday, October 3, 2023)]
[Notices]
[Pages 68255-68258]
[FR Doc No: 2023-21794]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-98570; File No. SR-ICEEU-2023-019]

Self-Regulatory Organizations; ICE Clear Europe Limited; Order
Approving Proposed Rule Change Relating to Amendments to the Model Risk
Policy

September 27, 2023.

I. Introduction

    On August 4, 2023, ICE Clear Europe Limited (``ICE Clear Europe''
or ``the Clearing House'') filed with the Securities and Exchange
Commission (``Commission''), pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (the ``Act''),\1\ and Rule 19b-4,\2\ a
proposed rule change to amend its Model Risk Policy (the ``Policy'').
The proposed rule change was published for comment in the Federal
Register on August 21, 2023.\3\ The Commission did not receive comments
regarding the proposed rule change. For the reasons discussed below,
the Commission is approving the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Self-Regulatory Organizations; ICE Clear Europe Limited;
Notice of Filing of Proposed Rule Change Relating to Amendments to
the Model Risk Policy, Exchange Act Release No. 98138 (August 15,
2023); 88 FR 56901 (August 21, 2023) (SR-ICEEU-2023-019)
(``Notice'').
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II. Description of the Proposed Rule Change

A. Background

    ICE Clear Europe is registered with the Commission as a clearing
agency for the purpose of clearing security-based swaps. In its role as
a clearing agency for security-based swaps, ICE Clear Europe maintains
the Policy. The purpose of the Policy is to establish standards and
principles for managing and mitigating the impact to ICE Clear Europe's
business caused by model error, model failure or inappropriate model
use.
    The proposed rule change would make updates and amendments to the
Policy. ICE Clear Europe is making these changes to implement the
results of internal and external reviews of the Policy. The Policy has
five sections that

address (1) the Purpose of the Policy, (2) Definitions, (3) Model Risk
Governance, (4) Document Governance and Exception Handling, and (5)
Version History. ICE Clear Europe proposes amendments to all five
sections except for Document Governance and Exception Handling. ICE
Clear Europe also proposes to update the Version History section to
reflect these changes.

B. Purpose of the Policy

    Section 1, ``Purpose,'' addresses the purpose, scope, and
architecture of the Policy. In this section and throughout the Policy,
ICE Clear Europe proposes to replace references to ``Framework'' with
``Policy'' and to include new language to expand the scope of the
Policy to include risk frameworks used to quantify, aggregate, and
manage the risks of the Clearing House. The amendments would further
add language to clarify that references to ``model'' in the rest of the
document would refer to both models and risk frameworks.
    Section 1 also lists certain components that support the Policy.
For example, ICE Clear Europe's model inventory, schedule for model
validations, and schedule for remediation of validation findings all
support the Policy. The amendments would further add language to
include on this list of supporting components guidelines for
remediation of validation findings.

C. Definitions

    Section 2, ``Definitions,'' describes in detail certain concepts
that are used throughout the Policy, such as the meaning of the terms
model and model risk, as well as the materiality of models, and
significance of model changes. ICE Clear Europe proposes to amend the
discussion of significance of model changes. The Policy currently
states that only model changes are categorized into significant and not
significant. ICE Clear Europe proposes to modify the Policy so that
changes to both models and parameters, not just models, would be
categorized as significant and not significant.
    With respect to changes in parameters, ICE Clear Europe would
further categorize these changes as Business as Usual (``BAU'') or non-
BAU. Changes considered BAU would be defined as changes in the
parameters resulting from the application of existing methodologies as
part of a regular review or calibration exercise. Non-BAU changes would
refer to all other changes. The amendments would clarify that the
definition of BAU would be in accordance with existing regulatory
guidelines.
    Finally, the amendments would also update a footnote to remove a
reference to a specific European Securities and Markets Authority
opinion as providing the criteria defining model change significance.
This footnote would be revised to state more generally that the
criteria will be in accordance with prevailing regulatory opinions,
guidelines, or requirements.

D. Model Risk Governance

    Within Section 3, ``Model Risk Governance,'' ICE Clear Europe
proposes to make amendments to the governance and responsibilities and
model risk management subsections. In the governance and
responsibilities subsection, the amendments would update the
responsibilities of the Board of Directors (``Board''). Currently, the
Board has several responsibilities, such as reviewing actions of the
Model Oversight Committee and approving new material models and
significant model changes for material models. The amendments would add
to those responsibilities a new requirement for the Board to approve
significant non-BAU changes to risk parameters.
    The amendments would also add a footnote explaining the reasoning
for the new responsibility. The footnote would state that the Auto
Pilot versus Production deviations \4\ beyond BAU thresholds will
generally follow a similar governance process to that for changes in
parameters, but given that these deviations are usually time-sensitive
and driven by stressed market conditions, the ability to act quickly to
help ensure market stability is critical. This footnote only applies to
specific margin updates for certain futures and options contracts and
does not apply to any parameter updates for credit default swaps. Thus,
for these situations, the governance process will involve Board
notification rather than Board pre-approval, and Risk Oversight
Department review rather than full independent pre-validation.
---------------------------------------------------------------------------

    \4\ Production deviations are categorized under significant non-
BAU changes to risk parameters.
---------------------------------------------------------------------------

    ICE Clear Europe proposes to add new responsibilities for the Model
Oversight Committee as well. Under the proposed rule change, the Model
Oversight Committee would be responsible for establishing and
maintaining a model inventory and assigning a specific owner to each
model (a function currently performed by the First Line of Defense).\5\
This function is currently performed by the First Line. The Model
Oversight Committee would also would be responsible for approving non-
significant non-BAU changes to risk parameters, reviewing significant
non-BAU changes to risk parameters for recommendation to the Board, and
approving changes to model documentation. This is a new function
currently not performed and is part of ICE Clear Europe's Policy
expansion to distinguish between BAU and non-BAU parameter changes. ICE
Clear Europe also proposes to modify the responsibilities of the First
and Second Lines of Defense.\6\ The First Line would no longer be
responsible for establishing and maintaining a model inventory and
assigning a specific owner to each model, as that responsibility would
be moved to the Model Oversight Committee. The amendments would include
new responsibilities for the First Line, specifically, proposing and
seeking approval for non-BAU changes to risk parameters (as it
currently does for models, model changes, and model retirements) and
proposing significance levels for non-BAU changes to risk parameters .
Under the amendments, the Second Line would be responsible for
performing independent validation exercises for non-BAU changes to risk
parameters (as it currently does for models).
---------------------------------------------------------------------------

    \5\ The business First Line includes models developed
internally, third-party models, and models shared with other group
entities, as well as risk frameworks used to quantify, aggregate,
and manage the risks of the Clearing House.
    \6\ The second line includes the Risk Oversight Department.
---------------------------------------------------------------------------

    Finally, within the model risk management subsection, a new
subsection would be added addressing non-BAU parameter changes. The
section would provide that significant non-BAU changes to risk
parameters must be validated before they are implemented in
production.\7\ Non-significant non-BAU changes must be validated in
accordance with the validation pipeline.
---------------------------------------------------------------------------

    \7\ As discussed above, in certain situations for certain
futures and options contracts, Board notification rather than Board
pre-approval is required.
---------------------------------------------------------------------------

III. Discussion and Commission Findings

    Section 19(b)(2)(C) of the Act directs the Commission to approve a
proposed rule change of a self-regulatory organization if it finds that
such proposed rule change is consistent with the requirements of the
Act and the rules and regulations thereunder applicable to such
organization.\8\ For the reasons given below, the Commission finds that
the proposed rule change is

consistent with Section 17A(b)(3)(F) of the Act \9\ and Rules 17Ad-
22(e)(2)(i) and (v), and (e)(3) thereunder.\10\
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(2)(C).
    \9\ 15 U.S.C. 78q-1(b)(3)(F).
    \10\ 17 CFR 240.17Ad-22(e)(2)(i) and (v), and (e)(3).
---------------------------------------------------------------------------

A. Consistency With Section 17A(b)(3)(F) of the Act

    Section 17A(b)(3)(F) of the Act requires, among other things, that
the rules of ICE Clear Europe be designed to promote the prompt and
accurate clearance and settlement of securities transactions and, to
the extent applicable, derivative agreements, contracts, and
transactions.\11\
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

    As discussed above, the proposed rule change would modify the
Policy. The Policy establishes standards and principles for managing
and mitigating model risk for all product categories that ICE Clear
Europe clears. The Commission believes that these changes, taken as a
whole, would help ICE Clear Europe establish and maintain effective and
functioning models. For example, by requiring parameters to be
categorized as significant or not significant, the Commission believes
that the proposed rule change would help ICE Clear Europe to identify
and remediate possible errors in parameter changes before such changes
are put into effect by allowing for more scrutiny for parameter
changes. Because parameter changes can affect the function of ICE Clear
Europe's models, the Commission further believes that doing so may help
avoid the potential harm that could result from models that do not
function properly, such as margin requirements that are not effective
at mitigating risk. Similarly, the Commission believes that the
proposed rule change, in making the Second Line responsible for
independent validation of non-BAU changes to risk parameters, would
help ensure that validations are completed objectively and competently
because it brings additional scrutiny to model changes by adding
additional levels of review. Biased or ineffective validations could
miss potential errors in models and model changes. The Commission
believes that this change may also help ICE Clear Europe avoid the
potential harm that could result from models that do not function
properly.
    Given that ICE Clear Europe uses its margin and other models to
manage and mitigate ICE Clear Europe's credit exposures to its Clearing
Members and the risks associated with clearing security-based swap-
related portfolios, the Commission believes that the proposed rule
change would enhance ICE Clear Europe's ability to avoid losses that
could result from the mismanagement of such credit exposures and risks.
Because such losses could disrupt ICE Clear Europe's ability to
promptly and accurately clear security-based swap transactions, the
Commission believes that the proposed rule change would enhance ICE
Clear Europe's ability to promote the prompt and accurate clearance and
settlement of securities transactions.
    Therefore, the Commission finds that the proposed rule change would
promote the prompt and accurate clearance and settlement of securities
transactions, consistent with the Section 17A(b)(3)(F) of the Act.\12\
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

B. Consistency With Rules 17Ad-22(e)(2)(i) and (v)

    Rules 17Ad-22(e)(2)(i) and (v) require that ICE Clear Europe
establish, implement, maintain, and enforce written policies and
procedures reasonably designed to provide for governance arrangements
that are clear and transparent and specify clear and direct lines of
responsibility.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 240.17Ad-22(e)(2)(i) and (v).
---------------------------------------------------------------------------

    As discussed above, the proposed rule change would add a new
requirement for the Board where it would be responsible for the
approval of significant non-BAU changes to risk parameters. In doing
so, the Commission believes that the Policy would clearly and
transparently define who is responsible for this aspect of oversight of
the Policy. The proposed rule change would also assign new
responsibilities to the First and Second Lines. For example, the Second
Line would be responsible for performing independent validation
exercises for non-BAU changes to risk parameters, while the First Line
would now be responsible for proposing and seeking approval for non-BAU
changes to risk parameters.
    The Commission believes the proposed rule change would improve the
transparency of the governance related to the Policy by improving the
relevant responsibilities for the development and validation of models
and the review of the overall effectiveness of the Policy. The
Commission believes these aspects of the Policy would also clearly
define the responsibilities of the First and Second Lines.
    Therefore, for the above reasons the Commission finds that the
proposed rule change is consistent with Rules 17Ad-22(e)(2)(i) and
(v).\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 240.17Ad-22(e)(2)(i) and (v).
---------------------------------------------------------------------------

C. Consistency With Rule 17Ad-22(e)(3)

    Rule 17Ad-22(e)(3) requires that ICE Clear Europe establish,
implement, maintain, and enforce written policies and procedures
reasonably designed to maintain a sound risk management framework for
comprehensively managing legal, credit, liquidity, operational, general
business, investment, custody, and other risks that arise in or are
borne by ICE Clear Europe. This includes risk management policies,
procedures, and systems designed to identify, measure, monitor, and
manage the range of risks that arise in or are borne by ICE Clear
Europe, that are subject to review on a specified periodic basis and
approved by the board of directors annually.\15\
---------------------------------------------------------------------------

    \15\ 17 CFR 240.17Ad-22(e)(3).
---------------------------------------------------------------------------

    As discussed above, the proposed rule change would add new
requirements for the Model Oversight Committee so that it would be
responsible for establishing and maintaining a model inventory and
assigning a specific owner to each model. Additionally, the proposed
rule change would add a requirement for significant non-BAU changes to
risk parameters to be validated before they are implemented in
production. In this way, the Commission believes the proposed rule
change would help reduce model risk at ICE Clear Europe. Moreover, the
Commission believes the proposed rule change would help ensure the
objectivity and competence of validations by establishing a specific
owner for each model. The Commission believes that competent and
objective validations would, in turn, help to reduce model risk. Thus,
the Commission believes that the proposed rule change would enable ICE
Clear Europe to maintain a sound risk management framework for
comprehensively managing its model risk.
    Therefore, the Commission finds that the proposed rule change is
consistent with Rule 17Ad-22(e)(3).\16\
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    \16\ 17 CFR 240.17Ad-22(e)(3).
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IV. Conclusion

    On the basis of the foregoing, the Commission finds that the
proposed rule change is consistent with the requirements of the Act,
and in particular, with the requirements of Section 17A(b)(3)(F) of the
Act \17\ and Rules 17Ad-22(e)(2)(i) and (v), and (e)(3) thereunder.\18\
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    \17\ 15 U.S.C. 78q-1(b)(3)(F).
    \18\ 17 CFR 240.17Ad-22(e)(2)(i) and (v), and (e)(3).
---------------------------------------------------------------------------

    It is therefore ordered pursuant to Section 19(b)(2) of the Act
\19\ that the

proposed rule change (SR-ICEEU-2023-019), be, and hereby is,
approved.\20\
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    \19\ 15 U.S.C. 78s(b)(2).
    \20\ In approving the proposed rule change, the Commission
considered the proposal's impact on efficiency, competition, and
capital formation. 15 U.S.C. 78c(f).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\21\
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    \21\ 17 CFR 200.30-3(a)(12).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-21794 Filed 10-2-23; 8:45 am]
BILLING CODE 8011-01-P