[Federal Register Volume 87, Number 249 (Thursday, December 29, 2022)]
[Proposed Rules]
[Pages 80095-80097]
[FR Doc No: 2022-28328]

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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 87 , No. 249 / Thursday, December 29, 2022 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-1436; Airspace Docket No. 22-ACE-13]
RIN 2120-AA66

Proposed Amendment of VOR Federal Airways V-50, V-52, V-63, and
V-586, and Revocation of V-582 in the Vicinity of Quincy, IL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend VHF Omnidirectional Range (VOR)
Federal airways V-50, V-52, V-63, and V-586, and revoke VOR Federal
airway V-582. The FAA is proposing this action due to the planned
decommissioning of the VOR portion of the Quincy, IL (UIN), VOR/
Tactical Air Navigation (VORTAC) navigational aid (NAVAID). The Quincy
VOR is being decommissioned in support of the FAA's VOR Minimum
Operational Network (MON) program.

DATES: Comments must be received on or before February 13, 2023.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE, West
Building Ground Floor, Room W12-140, Washington, DC 20590; telephone:
1(800) 647-5527, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2022-1436; Airspace Docket No. 22-ACE-13 at the beginning of your
comments. You may also submit comments through the internet at
www.regulations.gov.
    FAA Order JO 7400.11G, Airspace Designations and Reporting Points,
and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. For further information, you can contact the
Rules and Regulations Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: Colby Abbott, Rules and Regulations
Group, Office of Policy, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. 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
the 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 would modify the Air Traffic Service (ATS) route
structure as necessary to preserve the safe and efficient flow of air
traffic within the National Airspace System.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments as they
may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA-2022-1436; Airspace Docket No. 22-ACE-13) and be submitted in
triplicate to the Docket Management Facility (see ADDRESSES section for
address and phone number). You may also submit comments through the
internet at www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to FAA Docket No. FAA-2022-1436; Airspace Docket No. 22-ACE-13.'' The
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified comment
closing date will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the comment
closing date. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
internet at www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at
www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Office (see ADDRESSES section for address and phone number) between
9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal
holidays. An informal docket may also be examined during normal
business hours at the office of the Operations Support Group, Central
Service Center, Federal Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order JO 7400.11G, Airspace
Designations and Reporting Points, dated August 19, 2022, and effective
September 15, 2022. FAA Order JO 7400.11G is publicly available as
listed in the ADDRESSES section of this document. FAA Order JO 7400.11G
lists Class A, B, C, D, and E airspace areas, air traffic service
routes, and reporting points.

Background

    The FAA is planning to decommission the VOR portion of the Quincy,
IL, VORTAC in June 2023. The

Quincy VOR was one of the candidate VORs identified for discontinuance
by the FAA's VOR MON program and listed in the Final policy statement
notice, ``Provision of Navigation Services for the Next Generation Air
Transportation System (NextGen) Transition to Performance-Based
Navigation (PBN) (Plan for Establishing a VOR Minimum Operational
Network),'' published in the Federal Register of July 26, 2016 (81 FR
48694), Docket No. FAA-2011-1082.
    Although the VOR portion of the Quincy, IL, VORTAC is planned for
decommissioning, the co-located DME portion of the NAVAID is being
retained to support NextGen PBN flight procedure requirements.
    The VOR Federal airways effected by the Quincy VOR decommissioning
are VOR Federal airways V-50, V-52, V-63, V-582, and V-586. With the
planned decommissioning of the Quincy VOR, the remaining ground-based
NAVAID coverage in the area is insufficient to enable the continuity of
the affected airways. As such, proposed modifications to the affected
VOR Federal airways would result in creating gaps in three of the
airways (V-50, V-52, and V-63), redefining an airway end point in one
of the airways (V-586), and revoking one of the airways (V-582).
    To overcome the proposed modifications to the affected airways,
instrument flight rules (IFR) traffic could use portions of VOR Federal
airways V-4, V-9, V-10, V-67, and V-580 or request air traffic control
(ATC) radar vectors to circumnavigate or fly through the affected area.
Additionally, pilots equipped with Area Navigation (RNAV) capabilities
could also use portions of RNAV routes T-251, T-272, and T-397 or
navigate point to point using the existing NAVAIDs and fixes that would
remain in place to support continued operations though the affected
area. Visual flight rules (VFR) pilots who elect to navigate via the
affected VOR Federal airways could also take advantage of the adjacent
airways or ATC services listed previously.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 71 to amend VOR
Federal airways V-50, V-52, V-63, and V-586, and revoke VOR Federal
airway V-582 due to the planned decommissioning of the VOR portion of
the Quincy, IL, VORTAC. The proposed airway actions are described
below.
    V-50: V-50 currently extends between the St Joseph, MO, VORTAC and
the Dayton, OH, VOR/Distance Measuring Equipment (VOR/DME). The FAA
proposes to remove the airway segment overlying the Quincy VORTAC
between the Kirksville, MO, VORTAC and the Spinner, IL, VORTAC. As
amended, the airway would extend between the St Joseph VORTAC and the
Kirksville VORTAC and between the Spinner VORTAC and the Dayton VOR/
DME.
    V-52: V-52 currently extends between the Des Moines, IA, VORTAC and
the Pocket City, IN, VORTAC. The FAA proposes to remove the airway
segment overlying the Quincy VORTAC between the Ottumwa, IA, VOR/DME
and the St Louis, MO, VORTAC. As amended, the airway would extend
between the Des Moines VORTAC and the Ottumwa VOR/DME and between the
St Louis VORTAC and the Pocket City VORTAC.
    V-63: V-63 currently extends between the Razorback, AR, VORTAC and
the Davenport, IA, VORTAC; between the Janesville, WI, VOR/DME and the
Oshkosh, WI, VORTAC; and between the Rhinelander, WI, VOR/DME and the
Houghton, MI, VOR/DME. The airspace at and above 10,000 feet mean sea
level (MSL) from 5 nautical miles (NM) north to 46 NM north of Quincy,
IL, is excluded when the Howard West Military Operations Area (MOA) is
active. The FAA proposes to remove the airway segment overlying the
Quincy VORTAC between the Hallsville, MO, VORTAC and the Burlington,
IL, VOR/DME. The airspace exclusion language addressing the Howard West
MOA activations would also be removed as the amended airway would no
longer overlap the Howard West MOA. As amended, the airway would extend
between the Razorback VORTAC and the Hallsville VORTAC, between the
Burlington VOR/DME and the Davenport VORTAC, between the Janesville
VOR/DME and the Oshkosh VORTAC, and between the Rhinelander VOR/DME and
the Houghton VOR/DME.
    V-582: V-582 currently extends between the St. Louis, MO, VORTAC
and the Quincy, IL, VORTAC. The FAA proposes to remove the airway in
its entirety.
    V-586: V-586 currently extends between the Quincy, IL, VORTAC and
the Joliet, IL, VOR/DME. The FAA proposes to remove the airway segment
overlying the Quincy VORTAC between the Quincy, IL, VORTAC and the
Peoria, IL, VORTAC. As amended, the airway would extend between the
Peoria VORTAC and the Joliet VOR/DME.
    The NAVAID radials listed in the VOR Federal airway V-52
description below are unchanged and stated in True degrees.
    VOR Federal airways are published in paragraph 6010(a) of FAA Order
JO 7400.11G, dated August 19, 2022, and effective September 15, 2022,
which is incorporated by reference in 14 CFR 71.1. The ATS routes
listed in this document would be published subsequently in FAA Order JO
7400.11.
    FAA Order JO 7400.11, Airspace Designations and Reporting Points,
is published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under
Department of Transportation (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 proposed 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.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures,'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 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 part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 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 71.1 of FAA Order JO
7400.11G,

Airspace Designations and Reporting Points, dated August 19, 2022, and
effective September 15, 2022, is amended as follows:

Paragraph 6010(a) Domestic VOR Federal Airways.

* * * * *

V-50 [Amended]

    From St Joseph, MO; to Kirksville, MO. From Spinner, IL; Adders,
IL; Terre Haute, IN; Brickyard, IN; to Dayton, OH.
* * * * *

V-52 [Amended]

    From Des Moines, IA; to Ottumwa, IA. From St Louis, MO; Troy,
IL; INT Troy 099[deg] and Pocket City, IN, 311[deg] radials; to
Pocket City.
* * * * *

V-63 [Amended]

    From Razorback, AR; Springfield, MO; to Hallsville, MO. From
Burlington, IA; Moline, IL; to Davenport, IA. From Janesville, WI;
Badger, WI; to Oshkosh, WI. From Rhinelander, WI; to Houghton, MI.
* * * * *

V-582 [Removed]

* * * * *

V-586 [Amended]

    From Peoria, IL; Pontiac, IL; to Joliet, IL.
* * * * *

    Issued in Washington, DC, on December 23, 2022.
Scott M. Rosenbloom,
Manager, Airspace Rules and Regulations.
[FR Doc. 2022-28328 Filed 12-28-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 170 (Tuesday, September 5, 2023)]
[Notices]
[Pages 60727-60730]
[FR Doc No: 2023-19011]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-98237; File No. SR-ICEEU-2023-021]

Self-Regulatory Organizations; ICE Clear Europe Limited; Notice
of Filing of Proposed Rule Change, as Modified by Amendment No. 1,
Relating to Amendments to Its Operational Risk and Resilience Policy

August 29, 2023.
    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 August 15, 2023, ICE Clear Europe Limited (``ICE Clear Europe'' or
the ``Clearing House'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule changes described in
Items I, II and III below, which Items have been prepared primarily by
ICE Clear Europe. On August 24, 2023, ICE Clear Europe filed Amendment
No. 1 to the proposed rule change to make certain changes to the
Exhibit 5.\3\ The Commission is publishing this notice to solicit
comments on the proposed rule change, as modified by Amendment No. 1
(hereafter ``the proposed rule change''), from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Amendment No. 1 corrects the presentation of changes in
Exhibit 5 by reflecting the deletion of the prior ``Oversight of the
Policy'' section as part of the updated governance and oversight
provisions.
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I. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change

    ICE Clear Europe Limited (``ICE Clear Europe'' or the ``Clearing
House'') proposes to modify its Operational Risk and Resilience Policy
(the ``Operational Risk and Resilience Policy'' or ``Policy'').\4\ The
amendments would modify the Policy to enhance scenario analysis and
testing relating to operational risk and resilience, introduce an
element for emerging risks, and update the review process for the
document, among other changes discussed herein.
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    \4\ Capitalized terms used but not defined herein have the
meanings specified in the ICE Clear Europe Clearing Rules and the
Operational Risk and Resilience Policy.
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II. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

    In its filing with the Commission, ICE Clear Europe included
statements concerning the purpose of and basis for the proposed rule
change and discussed any comments it received on the proposed rule
change. The text of these statements may be examined at the places
specified in Item IV below. ICE Clear Europe has prepared summaries,
set forth in sections (A), (B), and (C) below, of the most significant
aspects of such statements.

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

(a) Purpose
    ICE Clear Europe is proposing to amend its Operational Risk and
Resilience Policy to incorporate enhanced procedures for analysis and
testing of operational risk and resilience scenarios into the policy,
among other amendments discussed herein. The description of the
Clearing House's overall operational risk and resilience framework
would update a reference to the Outsourcing Policy to reflect its new
name, the Outsourcing and Third Party Risk Management Policy (and
reflect that the updated policy has been approved by the Board and is
pending regulatory approval).
    With respect to scenario analysis and testing relating to
operational risk and resilience, the amendments would add that the
Clearing House must maintain an inventory of scenarios for the purposes
of scenario analysis and testing. The amendments would clarify that
testing must include scenarios that take into account both internal and
external dependencies. The amendments would also state that a

portion of the scenarios should be identified and selected for reverse
stress testing (through a practical test where possible or desk top
exercise). Over a three year cycle all scenarios would have to be
tested at least once by a practical test or a desk top exercise. The
inventory would also be reviewed on at least an annual basis in order
to determine if the scenarios are still fit for purpose and if updates
are required. The annual review of the inventory would be the
responsibility of the First Line with Second Line review and would be
approved by the Executive Risk Committee (ERC). The Executive Risk
Committee would also be responsible for approving any changes to the
list of scenarios outside of the annual review cycle. The detailed
scope of the testing based on the scenarios in the inventory and the
results of testing and assessment against the risk register would be
shared with the Second Line for review. The amendments would also
specify that the scenario analysis and testing results would be
submitted to the ERC or relevant Board sub-committee (instead of the
ERC and Board), which ICE Clear Europe believes is the most appropriate
governance level for review of such matters.
    A new section on Control Validation and Assessment would be added,
outlining that upon entry to the risk register or when a material
change is made to a Key Control, Enterprise Risk Management (ERM) will
confirm that validation of Key Controls is carried out. Additionally,
the amendments would state that Validation may be verified directly by
ERM or through ERM's oversight of validations performed by the First
Line. The amendments would also replace references to control testing
with control validation throughout the Policy to be consistent with the
new section.
    In the Risk Assessment section, the amendments would address
Emerging Risks. The amendments would specify that there should be an
assessment of the Velocity for Emerging Risks. Velocity would be
defined as an estimate of the time frame within which impact of a risk
may be realized. Velocity would be considered as an additional factor
utilized in prioritizing Emerging Risks, as further detailed in the
Appendix G. Certain other non-substantive drafting clarifications would
be made in this section.
    In the Government and Oversight section, the amendments would add
provisions relating to Reviews of the Policy that are consistent with
other Clearing House policies. The amendments would provide that the
document owner identified by the Clearing House would be responsible
for ensuring that the Policy remains up-to-date and reviewed in
accordance with the Clearing House's governance processes. Generally,
review of the Policy would be conducted by the document owner and/or
relevant staff as appropriate, with sign off being provided by the head
of the department and the CRO (or their delegates). The amendments
would detail the key aspects of document reviews, including at minimum,
regulatory compliance, documentation and purpose, implementation, use,
and open items from previous validations or reviews (where
appropriate). The results of the review, including priority of
findings, proposed remediations and target due date to remediate the
findings would be reported to the ERC and in certain cases to the Model
Oversight Committee. The amendments would add the Head of Regulation
and Compliance (or their respective delegates) to the parties to whom
the document owner would report any material breaches or deviations
from the Policy.
    The amendments would modify and update the table on Assessment of
Expected Level of Risk (Appendix D). The column labeled Mitigation
would be renamed to Rating. The updated chart would also add examples
for each level of rating.
    The amendments would slightly modify and update the table on
Control Effectiveness Ratings (Appendix E). The column labeled
Effectiveness would be renamed to Rating and the column labeled
Guidelines would be renamed to the more specific Control Assessment
Guidelines. Moreover, an additional bullet point would be added to the
guidelines under Unsatisfactory, specifying that this rating would
apply where the control validation and/or assessment and audit programs
result in major findings.
    The amendments would update the table on Control Remediation
Recommendation & Timelines (Appendix F). The heading labeled Control
Effectiveness would be renamed to Control Effectiveness Rating and,
likewise the heading labeled Mitigation would be renamed to Level of
Risk Mitigation. In the scenario with a Control Effectiveness Rating of
Needs Improvement and a High Level of Risk Mitigation, the recommended
would be changed from Medium to High.
    A new appendix, labeled Appendix G--Velocity Assessment Guidance
would be added to the Policy in connection with the amendments
discussed above relating to Velocity of emerging risks. This section
would include a chart separating the Velocity Rating into categories of
Immediate (<6 months), Short Term (>6 months <18 months), and Medium
Term (>18 months). The chart would also include a description for each
Velocity Rating.
    Finally, the amendments would remove the section labeled Control
Testing Scope following the chart on Risk Mitigation (Appendix H), to
conform to the change in the Policy to refer to control validation
rather than control testing.
    Various provisions would be renumbered or relabeled throughout the
Policy.
(b) Statutory Basis
    ICE Clear Europe believes that the amendments to the Operational
Risk and Resilience Policy are consistent with the requirements of
Section 17A of the Securities Exchange Act of 1934 (the ``Act'') \5\
and the regulations thereunder applicable to it. In particular, Section
17A(b)(3)(F) of the Act \6\ requires, among other things, that the
rules of a clearing agency be designed to promote the prompt and
accurate clearance and settlement of securities transactions and, to
the extent applicable, derivative agreements, contracts, and
transactions, the safeguarding of securities and funds in the custody
or control of the clearing agency or for which it is responsible, and
the protection of investors and the public interest.
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    \5\ 15 U.S.C. 78q-1.
    \6\ 15 U.S.C. 78q-1(b)(3)(F).
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    The proposed changes to the Policy are designed to strengthen ICE
Clear Europe's policies and procedures to manage operational risk and
enhance resilience. The amendments in particular would enhance scenario
analysis and testing relating to operational risk and resilience,
including through a framework for maintaining an inventory of relevant
scenarios and ongoing review and testing of those scenarios. The
amendments would provide for validation of key controls, and also
introduce velocity as an additional factor when analyzing and
prioritizing Emerging Risks. Various other drafting clarifications and
similar enhancements would be made in the Policy and related
appendices. As proposed to be revised, the Policy will facilitate the
Clearing House's ability to manage operational risk and enhance its
operational resilience. The proposed amendments would thus promote the
stability of the Clearing House and the prompt and accurate clearance
and settlement of cleared contracts and the safeguarding of securities
and funds in ICE Clear Europe's custody or control or for which

it is responsible. The enhanced risk management is therefore also
generally consistent with the protection of investors and the public
interest in the safe operation of the Clearing House. Accordingly, the
amendments satisfy the requirements of Section 17A(b)(3)(F).\7\
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    \7\ 15 U.S.C. 78q-1(b)(3)(F).
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    The amendments to the Policy are also consistent with relevant
provisions of Rule 17Ad-22.\8\ Rule 17Ad-22(e)(3) provides that
``[e]ach covered clearing agency shall establish, implement, maintain
and enforce written policies and procedures reasonably designed to, as
applicable [. . .] [m]aintain a sound risk management framework for
comprehensively managing . . . operational . . . and other risks that
arise in or are borne by the covered clearing agency''.\9\ As set forth
above, the amendments are intended to enhance the Clearing House's risk
management framework as it relates to operational risks. Among other
changes, the amendments would add an additional factor for assessing
emerging risks and provide for inventory, review and testing of
relevant scenarios used in evaluating operational risk and resilience.
The amendments would thus strengthen the management of operational
risks and risk management more generally. In ICE Clear Europe's view,
the amendments are therefore consistent with the requirements of Rule
17Ad-22(e)(3).\10\
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    \8\ 17 CFR 240.17 Ad-22.
    \9\ 17 CFR 240.17 Ad-22(e)(3).
    \10\ 17 CFR 240.17 Ad-22(e)(3).
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    Rule 17Ad-22(e)(2) provides that ``[e]ach covered clearing agency
shall establish, implement, maintain and enforce written policies and
procedures reasonably designed to, as applicable [. . .] [p]rovide for
governance arrangements that are clear and transparent'' \11\ and
``[s]pecify clear and direct lines of responsibility''.\12\ The
amendments to the Policy would add a more detailed review process for
updating and reviewing the Policy, in a manner generally consistent
with other Clearing House policies and procedures. The amendments would
also clarify the reporting of material breaches or unapproved
deviations. In ICE Clear Europe's view, the amendments are therefore
consistent with the requirements of Rule 17Ad-22(e)(2).\13\
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    \11\ 17 CFR 240.17 Ad-22(e)(2)(i).
    \12\ 17 CFR 240.17 Ad-22(e)(2)(v).
    \13\ 17 CFR 240.17 Ad-22(e)(2).
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    The proposed amendments are also consistent with Rule 17Ad-
22(e)(17)(i), which provides that ``[e]ach covered clearing agency
shall establish, implement, maintain and enforce written policies and
procedures reasonably designed to, as applicable [. . .] [m]anage the
clearing agency's operational risks by identifying the plausible
sources of operational risk, both internal and external, and mitigating
their impact through the use of appropriate systems, policies,
procedures, and controls''.\14\ The amendments to the Policy enhance
scenario analysis and testing relating to operational risk and
resilience, including through inventory and review of relevant
scenarios. The amendments would also expand the factors used in
evaluating emerging risks with the addition of Velocity as a factor,
and provide for validation of key controls. In ICE Clear Europe's view,
the amendments are therefore consistent with the requirements of Rule
17Ad-22(e)(17)(i).\15\
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    \14\ 17 CFR 240.17 Ad-22(e)(17)(i).
    \15\ 17 CFR 240.17 Ad-22(e)(17)(i).
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(B) Clearing Agency's Statement on Burden on Competition

    ICE Clear Europe does not believe the proposed amendments would
have any impact, or impose any burden, on competition not necessary or
appropriate in furtherance of the purposes of the Act. The amendments
are being adopted to update and enhance the Clearing House's
Operational Risk and Resilience Policy, which relates to the Clearing
House's internal processes for operational risk management. The
amendments would not change the Rules or Procedures, or the rights or
obligations of Clearing Members or the Clearing House. ICE Clear Europe
does not believe the amendments would affect the costs of clearing, the
ability of market participants to access clearing, or the market for
clearing services generally. Therefore, ICE Clear Europe does not
believe the proposed rule change imposes any burden on competition that
is inappropriate in furtherance of the purposes of the Act.

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

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

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) by order approve or disapprove such proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (https://www.sec.gov/rules/sro.shtml) or
     Send an email to [email protected]. Please include
File Number SR-ICEEU-2023-021 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-ICEEU-2023-021. 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 (https://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
a.m. and 3 p.m. Copies of such filings will also be available for
inspection and

copying at the principal office of ICE Clear Europe and on ICE Clear
Europe's website at https://www.ice.com/clear-europe/regulation.
    Do not include personal identifiable information in submissions;
you should submit only information that you wish to make available
publicly. We may redact in part or withhold entirely from publication
submitted material that is obscene or subject to copyright protection.
All submissions should refer to File Number SR-ICEEU-2023-021 and
should be submitted on or before September 26, 2023.
---------------------------------------------------------------------------

    \16\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-19011 Filed 9-1-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 34 (Wednesday, February 20, 2019)]
[Rules and Regulations]
[Pages 5000-5004]
[FR Doc No: 2019-02545]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2018-0596; FRL-9989-56-Region 10]

Air Plan Approval; OR: Lane County Outdoor Burning and
Enforcement Procedure Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving and
incorporating by reference into the Oregon State Implementation Plan
(SIP) the Lane Regional Air Protection Agency's (LRAPA) revised outdoor
burning rule submitted by the Oregon Department of Environmental
Quality (ODEQ) on July 19, 2018. The revised rule, as it applies in
Lane County, Oregon, clarifies terminology and provides additional
controls of outdoor burning activities, reducing particulate emissions
and strengthening the Oregon SIP. In addition, the EPA is approving but
not incorporating by reference the enforcement procedures and civil
penalties rule for LRAPA submitted by the ODEQ on September 25, 2018.
The revised rule brings the enforcement procedures and civil penalties
rule, as it applies in Lane County, into alignment with recent changes
in Oregon State regulations.

DATES: This final rule is effective March 22, 2019.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2018-0596. 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, e.g.,
Confidential Business Information or other information the disclosure
of which 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 please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section for additional availability information.

FOR FURTHER INFORMATION CONTACT: Christi Duboiski at<PHONE_NUMBER>, or
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we,''
``us,'' or ``our'' is used, it is intended to refer to the EPA.

Table of Contents

I. Background
II. Response to Comment
III. Final Action
IV. Incorporation by Reference
V. Oregon Notice Provision
VI. Statutory and Executive Order Reviews

I. Background

    On July 19, 2018 and September 25, 2018, the ODEQ and LRAPA
submitted revisions to the Oregon SIP as they apply in Lane County. On
November 18, 2018, the EPA proposed to approve the LRAPA Title 47
outdoor burning rule which provided clarification and additional
controls of outdoor burning activities in Lane County (83 FR 60836).

We also proposed to approve the Title 15 enforcement procedure and
civil penalties rule, bringing LRAPA's rule into alignment with
recently approved State rules. The public comment period for our
proposed action ended on December 26, 2018. We received no adverse
comments.

II. Response to Comment

    We received one comment in support of the proposed approval of the
LRAPA Title 47 outdoor burning rule and the Title 15 enforcement
procedure and civil penalties rule. A full copy of the comment received
is available in the docket for this final action.

III. Final Action

    We are approving, and incorporating by reference into the Oregon
SIP, the submitted revisions to the LRAPA Title 47 outdoor burning
rule, Sections 001, 005, 010 (except the definition of ``nuisance''),
015 (except (1)(d) and (1)(h)), and 020 (except (3), (9)(i), and (10)).
The revisions to Title 47 became State effective July 13, 2018 and were
submitted to the EPA by the ODEQ and LRAPA on July 19, 2018. The
submitted changes clarify terminology and provide additional controls
of outdoor burning activities in Lane County, Oregon.
    We are also approving, but not incorporating by reference, the
submitted revisions to the LRAPA Title 15 enforcement procedures and
civil penalty rule, Sections 001, 005, 015, 018, 020, 025, 030, 035,
040, 045, 055, 057, 060, and 065. The revisions to Title 15 became
State effective on September 14, 2018 and were submitted by the ODEQ
and LRAPA on September 25, 2018. The submitted changes align LRAPA's
Title 15 rule with the ODEQ's Division 12 and provide LRAPA with
authority needed for SIP approval.

IV. 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, we are finalizing the incorporation by reference as described in
the amendments to 40 CFR part 52 set forth below. The EPA has made, and
will continue to make, these materials generally available through
https://www.regulations.gov and at the EPA Region 10 Office (please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section of this preamble for more information). Therefore, these
materials have been approved by the EPA for inclusion in the SIP, have
been incorporated by reference by the EPA into that plan, are fully
Federally-enforceable under sections 110 and 113 of the CAA as of the
effective date of the final rulemaking of the EPA's approval, and will
be incorporated by reference in the next update to the SIP
compilation.\1\
---------------------------------------------------------------------------

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

V. Oregon Notice Provision

    Oregon Revised Statute 468.126, prohibits ODEQ from imposing a
penalty for violation of an air, water or solid waste permit unless the
source has been provided five days' advanced written notice of the
violation and has not come into compliance or submitted a compliance
schedule within that five-day period. By its terms, the statute does
not apply to Oregon's title V program or to any program if application
of the notice provision would disqualify the program from federal
delegation. Oregon has previously confirmed that, because application
of the notice provision would preclude EPA approval of the Oregon SIP,
no advance notice is required for violation of SIP requirements.

VI. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air Act
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted 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 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide 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).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where the EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction. In those areas of Indian country, the
rule does not have tribal implications and it will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by April 22, 2019. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a

petition for judicial review may be filed, and shall not postpone the
effectiveness of such rule or action. This action may not be challenged
later in proceedings to enforce its requirements. (See section
307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

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

    Dated: February 4, 2019.
Chris Hladick,
Regional Administrator, Region 10.

    For the reasons stated in the preamble, 40 CFR part 52 is amended
as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart MM--Oregon

0
2. In Sec.  52.1970:
0
a. In paragraph (c), table 4 is amended by revising the table heading,
the heading for ``Title 47'' and the entries ``47-001'', ``47-005'',
``47-010'', ``47-015'', and ``47-020'' and adding a footnote number 1
to the end of the table.
0
b. In paragraph (e), remove the table ``Lane County Regional Air
Pollution Authority Regulations, Approved But Not Incorporated by
Reference'' and add in its place the table ``Lane Regional Air
Protection Agency (LRAPA) Rules, Approved But Not Incorporated by
Reference''.
    The revisions and additions read as follows:

Sec.  52.1970  Identification of plan.

* * * * *
    (c) * * *

             Table 4--EPA-Approved Lane Regional Air Protection Agency (LRAPA) Rules for Oregon \1\
----------------------------------------------------------------------------------------------------------------
                                                        State
       LRAPA citation             Title/subject       effective      EPA approval date         Explanations
                                                         date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                       Title 47--Rules for Outdoor Burning
----------------------------------------------------------------------------------------------------------------
47-001.....................  General Policy........    7/13/2018  2/20/2019, [insert      ......................
                                                                   Federal Register
                                                                   citation].
47-005.....................  Exemptions from these     7/13/2018  2/20/2019, [insert      ......................
                              Rules.                               Federal Register
                                                                   citation].
47-010.....................  Definitions...........    7/13/2018  2/20/2019, [insert      Except the definition
                                                                   Federal Register        of ``nuisance''.
                                                                   citation].
47-015.....................  Outdoor Burning           7/13/2018  2/20/2019, [insert      Except (1)(d) and
                              Requirements.                        Federal Register        (1)(h).
                                                                   citation].
47-020.....................  Letter Permits........    7/13/2018  2/20/2019, [insert      Except (3), (9)(i),
                                                                   Federal Register        and (10).
                                                                   citation].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ EPA's approval is limited to the extent the provisions relate to section 110 of the Clean Air Act and
  determining compliance with and for purposes of implementation of SIP-approved requirements.

* * * * *
    (e) * * *
* * * * *

          Lane Regional Air Protection Agency (LRAPA) Rules, Approved But Not Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
                                                State
     LRAPA citation         Title/subject     effective            EPA approval date              Explanation
                                                 date
----------------------------------------------------------------------------------------------------------------
                            Title 13--General Duties and Powers of Board and Director
----------------------------------------------------------------------------------------------------------------
13-005.................  Authority of the      3/31/2014  10/5/2018, 83 FR 50274
                          Agency.
13-010.................  Duties and Powers     3/31/2014  10/5/2018, 83 FR 50274
                          of the Board of
                          Directors.
13-020.................  Duties and            3/31/2014  10/5/2018, 83 FR 50274
                          Function of the
                          Director.
13-025.................  Conflict of           3/31/2014  10/5/2018, 83 FR 50274
                          Interest.
13-030.................  Advisory Committee    3/31/2014  10/5/2018, 83 FR 50274
13-035.................  Public Records and    3/31/2014  10/5/2018, 83 FR 50274
                          Confidential
                          Information.
----------------------------------------------------------------------------------------------------------------
                                    Title 14--Rules of Practice and Procedure
----------------------------------------------------------------------------------------------------------------
14-110.................  Definitions.......    3/23/2018  10/5/2018, 83 FR 50274
----------------------------------------------------------------------------------------------------------------

                                                   Rulemaking
----------------------------------------------------------------------------------------------------------------
14-115.................  Rulemaking Notice.    3/23/2018  10/5/2018, 83 FR 50274
14-120.................  Rulemaking            3/23/2018  10/5/2018, 83 FR 50274
                          Hearings and
                          Process.
14-125.................  Temporary Rules...    3/23/2018  10/5/2018, 83 FR 50274
14-130.................  Petition to           3/23/2018  10/5/2018, 83 FR 50274
                          Promulgate, Amend
                          or Repeal Rule--
                          Content of
                          Petition, Filing
                          of Petition.
14-135.................  Declaratory           3/23/2018  10/5/2018, 83 FR 50274
                          Rulings.
----------------------------------------------------------------------------------------------------------------
                                                 Contested Cases
----------------------------------------------------------------------------------------------------------------
14-140.................  Contested Case        3/23/2018  10/5/2018, 83 FR 50274
                          Proceedings
                          Generally.
14-145.................  Agency                3/23/2018  10/5/2018, 83 FR 50274
                          Representation by
                          Environmental Law
                          Specialist.
14-147.................  Authorized            3/23/2018  10/5/2018, 83 FR 50274
                          Representative of
                          Respondent other
                          than a Natural
                          Person in a
                          Contested Case
                          Hearing.
14-150.................  Liability for the     3/23/2018  10/5/2018, 83 FR 50274
                          Acts of a
                          Person's
                          Employees.
14-155.................  Consolidation or      3/23/2018  10/5/2018, 83 FR 50274
                          Bifurcation of
                          Contested Case
                          Hearings.
14-160.................  Final Orders......    3/23/2018  10/5/2018, 83 FR 50274
14-165.................  Default Orders....    3/23/2018  10/5/2018, 83 FR 50274
14-170.................  Appeal to the         3/23/2018  10/5/2018, 83 FR 50274
                          Board.
14-175.................  Power of the          3/23/2018  10/5/2018, 83 FR 50274
                          Director.
14-185.................  Request for Stay      3/23/2018  10/5/2018, 83 FR 50274
                          Pending Judicial
                          Review.
14-190.................  Request for Stay--    3/23/2018  10/5/2018, 83 FR 50274
                          Motion to
                          Intervene.
14-200.................  Request for Stay--    3/23/2018  10/5/2018, 83 FR 50274
                          Agency
                          Determination.
14-205.................  Request for Stay--    3/23/2018  10/5/2018, 83 FR 50274
                          Time Frames.
----------------------------------------------------------------------------------------------------------------
                               Title 15--Enforcement Procedure and Civil Penalties
----------------------------------------------------------------------------------------------------------------
15-001.................  Policy............    9/14/2018  2/20/2019, [insert Federal Register  .................
                                                           citation]
15-003.................  Scope of              6/13/1995  8/3/2001, 66 FR 40616                .................
                          Applicability.
15-005.................  Definitions.......    9/14/2018  2/20/2019, [insert Federal Register  .................
                                                           citation]
15-010.................  Consolidation of      6/13/1995  8/3/2001, 66 FR 40616                .................
                          Proceedings.
15-015.................  Notice of             9/14/2018  2/20/2019, [insert Federal Register  .................
                          Violation.                       citation]
15-018.................  Notice of Permit      9/14/2018  2/20/2019, [insert Federal Register  .................
                          Violations (NPV)                 citation]
                          and Exceptions.
15-020.................  Enforcement           9/14/2018  2/20/2019, [insert Federal Register  .................
                          Actions.                         citation]
15-025.................  Civil Penalty         9/14/2018  2/20/2019, [insert Federal Register  .................
                          Schedule Matrices.               citation]
15-030.................  Civil Penalty         9/14/2018  2/20/2019, [insert Federal Register  .................
                          Determination                    citation]
                          Procedure
                          (Mitigating and
                          Aggravating
                          Factors).
15-035.................  Written Notice of     9/14/2018  2/20/2019, [insert Federal Register  .................
                          Civil Penalty                    citation]
                          Assessment--When
                          Penalty Payable.
15-040.................  Compromise or         9/14/2018  2/20/2019, [insert Federal Register  .................
                          Settlement of                    citation]
                          Civil Penalty by
                          Director.
15-045.................  Stipulated            9/14/2018  2/20/2019, [insert Federal Register  .................
                          Penalties.                       citation]
15-050.................  Additional Civil      6/13/1995  8/3/2001, 66 FR 40616                .................
                          Penalties.
15-055.................  Air Quality           9/14/2018  2/20/2019, [insert Federal Register  .................
                          Classification of                citation]
                          Violation.
15-057.................  Determination of      9/14/2018  2/20/2019, [insert Federal Register  .................
                          Violation                        citation]
                          Magnitude.
15-060.................  Selected Magnitude    9/14/2018  2/20/2019, [insert Federal Register  .................
                          Categories.                      citation]
15-065.................  Appeals...........    9/14/2018  2/20/2019, [insert Federal Register  .................
                                                           citation]
----------------------------------------------------------------------------------------------------------------

                                         Title 31--Public Participation
----------------------------------------------------------------------------------------------------------------
31-0070................  Hearing Procedures    3/23/2018  10/5/2018, 83 FR 50274               .................
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2019-02545 Filed 2-19-19; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 78 (Friday, April 22, 2011)]
[Proposed Rules]
[Pages 22665-22666]
[FR Doc No: 2011-9688]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 50

[EPA-HQ-OAR-2007-0492; FRL-9298-4]

Release of Final Document Related to the Review of the National
Ambient Air Quality Standards for Particulate Matter

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability.

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

SUMMARY: The Office of Air Quality Planning and Standards (OAQPS) of
EPA is announcing the availability of a

final document titled, Policy Assessment for the Review of the
Particulate Matter National Ambient Air Quality Standards (PA). The PA
contains staff analyses of the scientific bases for alternative policy
options for consideration by the Agency prior to rulemaking.

DATES: The PA will be available on or about April 19, 2011.

ADDRESSES: The document will be available via the Internet at the
following Web site: http://www.epa.gov/ttn/naaqs/standards/pm/s_pm_2007_pa.html.

FOR FURTHER INFORMATION CONTACT: For questions related to this final
document, please contact Ms. Beth Hassett-Sipple, Office of Air Quality
Planning and Standards (Mail code C504-06), U.S. Environmental
Protection Agency, Research Triangle Park, NC 27711; e-mail<EMAIL_ADDRESS>telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Under section 108(a) of the Clean Air Act
(CAA), the Administrator identifies and lists certain pollutants which
``cause or contribute to air pollution which may reasonably be
anticipated to endanger public health or welfare.'' The EPA then issues
air quality criteria for these listed pollutants, which are commonly
referred to as ``criteria pollutants.'' The air quality criteria are to
``accurately reflect the latest scientific knowledge useful in
indicating the kind and extent of all identifiable effects on public
health or welfare which may be expected from the presence of [a]
pollutant in the ambient air, in varying quantities.'' Under section
109 of the CAA, EPA establishes primary (health-based) and secondary
(welfare-based) national ambient air quality standards (NAAQS) for
pollutants for which air quality criteria are issued. Section 109(d) of
the CAA requires periodic review and, if appropriate, revision of
existing air quality criteria. The revised air quality criteria reflect
advances in scientific knowledge on the effects of the pollutant on
public health or welfare. The EPA is also required to periodically
review and revise the NAAQS, if appropriate, based on the revised
criteria.
    Presently, EPA is reviewing the NAAQS for particulate matter
(PM).\1\ The document announced today, Policy Assessment for the Review
of the Particulate Matter National Ambient Air Quality Standards,
contains staff analyses of the scientific bases for alternative policy
options for consideration by the Agency prior to rulemaking. This
document, which builds upon the historical ``Staff Paper,'' will serve
to ``bridge the gap'' between the available scientific information and
the judgments required of the Administrator in determining whether it
is appropriate to retain or revise the standards.\2\ The current and
potential alternative PM standards are considered in terms of the basic
elements of the NAAQS: indicator, averaging time, form, and level. The
PA builds upon information presented in the Integrated Science
Assessment for Particulate Matter (ISA, EPA 600/R-08/139F and EPA 600/
R-08/139FA, December 2009) and two quantitative risk and exposure
assessment documents (REAs)--Quantitative Health Risk Assessment for
Particulate Matter (EPA 452/R-10-005; June 2010) and Particulate Matter
Urban-Focused Visibility Assessment (EPA 452/R-10-004, July 2010).
---------------------------------------------------------------------------

    \1\ The EPA's initial overall plan and schedule for this review
was presented in the Integrated Review Plan for the National Ambient
Air Quality Standards for Particulate Matter (EPA 452/R-08-004,
March 2008). Documents related to the current PM NAAQS review are
available at: http://www.epa.gov/ttn/naaqs/standards/pm/s_pm_index.html.
    \2\ See http://www.epa.gov/ttn/naaqs/review.html for a copy of
Administrator Jackson's May 21, 2009, memorandum and for additional
information on the NAAQS review process.
---------------------------------------------------------------------------

    A preliminary draft PA (EPA-452/P-09-007) was released in September
2009 for informational purposes and to facilitate discussion with the
Clean Air Scientific Advisory Committee (CASAC) at an October 5-6,
2009, meeting on the overall structure, areas of focus, and level of
detail to be included in the PA (74 FR 46586, September 10, 2009).
CASAC's comments on the preliminary draft PA encouraged the development
of a document focused on the key policy-relevant issues that draws from
and is not repetitive of information in the Integrated Science
Assessment (ISA) and REAs. These comments were considered in developing
a first draft PA (EPA-452/P-10-003, March 2010; 75 FR 4067, January 26,
2010) that built upon the information presented and assessed in the ISA
and second draft REAs (EPA-452/P-10-001, February 2010; EPA-452/P-10-
002, January 2010). The EPA presented an overview of the first draft PA
at a CASAC meeting on March 10, 2010 (75 FR 8062, February 23, 2010).
CASAC and public review of the first draft PA was discussed during
public teleconferences on April 8-9, 2010, (75 FR 8062, February 23,
2010) and May 7, 2010 (75 FR19971, April 16, 2010).
    CASAC (Samet, 2010a) \3\ and public comments on the first draft PA
were considered by EPA staff in developing a second draft PA (EPA 452/
P-10-007, June 2010) based on the ISA and final REAs. The EPA solicited
advice and recommendations from CASAC regarding the second draft PA at
a public meeting that was held on July 26-27, 2010 (75 FR 32763, June
9, 2010). Following the CASAC meeting, EPA considered comments received
from CASAC (Samet, 2010b) \4\ and the public in preparing the final PA.
The final PA is available through the Agency's Technology Transfer
Network (TTN) Web site at http://www.epa.gov/ttn/naaqs/standards/pm/s_pm_2007_pa.html.
---------------------------------------------------------------------------

    \3\ Samet J (2010a). Letter from Dr. Jonathan M. Samet, Chair,
Clean Air Scientific Advisory Committee to the Honorable Lisa P.
Jackson, Administrator, U.S. EPA. CASAC Review of Policy Assessment
for the Review of the PM NAAQS--First External Review Draft (March
2010). May 17, 2010. Available at: http://yosemite.epa.gov/sab/
sabproduct.nsf/264cb1227d55e02c85257402007446a4/
E504EE3276D87A9E8525772700647AFB/$File/EPA-CASAC-10-011-
unsigned.pdf.
    \4\ Samet J (2010b). Letter from Dr. Jonathan M. Samet, Chair,
Clean Air Scientific Advisory Committee to the Honorable Lisa P.
Jackson, Administrator, U.S. EPA. CASAC Review of Policy Assessment
for the Review of the PM NAAQS--Second External Review Draft (June
2010). September 10, 2010. Available at: http://yosemite.epa.gov/
sab/sabproduct.nsf/264cb1227d55e02c85257402007446a4/
CCF9F4C0500C500F8525779D0073C593/$File/EPA-CASAC-10-015-
unsigned.pdf.

    Dated: April 15, 2011.
Mary Henigin,
Acting Director, Office of Air Quality Planning and Standards.
[FR Doc. 2011-9688 Filed 4-21-11; 8:45 am]
BILLING CODE 6560-50-P