[Federal Register Volume 80, Number 209 (Thursday, October 29, 2015)]
[Notices]
[Pages 66579-66581]
[FR Doc No: 2015-27525]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2015-0002]

Advisory Committee on Construction Safety and Health

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

ACTION: Announcement of Advisory Committee on Construction Safety and
Health (ACCSH) and ACCSH Workgroup Meetings and Request for Nominations
for Membership on ACCSH.

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SUMMARY: ACCSH will meet December 2, 2015, in Washington, DC. In
conjunction with the ACCSH meeting, ACCSH Workgroups will meet December
1, 2015. OSHA also announces the Assistant Secretary of Labor's request
for nominations for membership on ACCSH.

DATES: ACCSH meeting: ACCSH will meet from 8:30 a.m. to 12 p.m., e.t.,
Wednesday, December 2, 2015.
    ACCSH Workgroup meetings: ACCSH Workgroups will meet Tuesday,
December 1, 2015. (For Workgroup meeting times, see the schedule under
``Workgroup Meetings'' in the SUPPLEMENTARY INFORMATION section of this
notice.)
    Submit (postmark, send, transmit) comments, requests to address the
ACCSH meeting, speaker presentations (written or electronic), and
requests for special accommodations for the ACCSH meeting and ACCSH
Workgroup meetings, by November 13, 2015.
    Nominations for ACCSH membership: Submit nominations for ACCSH
membership by December 28, 2015.

ADDRESSES: Submission of comments, requests to speak, and speaker
presentations for the ACCSH meeting, and nominations for ACCSH
membership: Submit comments, requests to speak, and speaker
presentations for the ACCSH meeting, and nominations and supporting
material for ACCSH membership, using one of the following methods:
    Electronically: Submit materials, including attachments,
electronically at: http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the on-line instructions for submissions.
    Facsimile (Fax): If the submission, including attachments, does not
exceed 10 pages, you may fax it to the OSHA Docket Office at (202) 693-
1648.
    Regular mail, express mail, hand delivery, or messenger (courier)
service: Submit materials to the OSHA Docket Office, Docket No. OSHA-
2015-0002, Room N-2625, U.S. Department of Labor, 200 Constitution
Avenue NW., Washington, DC 20210; telephone:<PHONE_NUMBER> (TTY (877)
889-5627). OSHA's Docket Office accepts deliveries (hand deliveries,
express mail, and messenger service) during normal business hours, 8:15
a.m.-4:45 p.m., e.t., weekdays.
    Instructions: Submissions must include the agency name and docket
number for this Federal Register notice (Docket No. OSHA-2015-0002).
Due to security-related procedures, submissions by regular mail may
experience significant delays. Please contact the OSHA Docket Office
for information about security procedures for making submissions. For
additional information on submitting comments, requests to speak, and
speaker presentations, see the SUPPLEMENTARY INFORMATION section of
this notice.
    OSHA will post comments, requests to speak, and speaker
presentations, including any personal information provided, without
change, at: http://www.regulations.gov. Therefore, OSHA cautions you
about submitting personal information such as Social Security numbers
and birthdates.

    Location of the ACCSH meeting: ACCSH and ACCSH Workgroups will meet
in Room N-4437 A-D, U.S. Department of Labor, 200 Constitution Avenue
NW., Washington, DC 20210.
    Requests for special accommodations: Please submit requests for
special accommodations to attend the ACCSH meeting and ACCSH Workgroup
meetings to Ms. Gretta Jameson, OSHA, Office of Communications, Room N-
3647, U.S. Department of Labor, 200 Constitution Avenue NW.,
Washington, DC 20210; telephone:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: For press inquiries: Mr. Frank
Meilinger, Director, OSHA Office of Communications, Room N-3647, U.S.
Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210;
telephone:<PHONE_NUMBER>; email<EMAIL_ADDRESS>    For general information about ACCSH, the ACCSH meetings, and ACCSH
membership: Mr. Damon Bonneau, OSHA, Directorate of Construction, Room
N-3468, U.S. Department of Labor, 200 Constitution Avenue NW.,
Washington, DC 20210; telephone:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    Copies of this Federal Register notice: Electronic copies of this
Federal Register notice are available at: http://www.regulations.gov.
This notice, as well as news releases and other relevant information,
also are available on the OSHA Web page at: http://www.osha.gov.

SUPPLEMENTARY INFORMATION:

I. ACCSH Meeting

    Background: ACCSH will meet December 2, 2015, in Washington, DC.
The meeting is open to the public. OSHA transcribes ACCSH meetings and
prepares detailed minutes of meetings. OSHA places the transcript and
minutes in the public docket for the meeting. The docket also includes
speaker presentations, comments, and other materials submitted to
ACCSH.
    ACCSH advises the Secretary of Labor and the Assistant Secretary of
Labor for Occupational Safety and Health (Assistant Secretary) in the
formulation of standards affecting the construction industry, and on
policy matters arising in the administration of the safety and health
provisions under the Contract Work Hours and Safety Standards Act
(Construction Safety Act (CSA)) (40 U.S.C. 3701 et seq.) and the
Occupational Safety and Health Act of 1970 (OSH Act) (29 U.S.C. 651 et
seq.) (see also 29 CFR 1911.10 and 1912.3). In addition, the OSH Act
and CSA require that the Assistant Secretary consult with ACCSH before
the Agency proposes any occupational safety and health standard
affecting construction activities (29 CFR 1911.10; 40 U.S.C. 3704).
    Meeting agenda: The tentative agenda for this meeting includes:
     Assistant Secretary's Agency update and remarks;
     Directorate of Construction update;
     ACCSH's consideration of, and recommendation on, the
following proposal:
    --Eliminating Requirements for Employee Social Security Numbers
from OSHA Standards;
     OSHA Data update;
     2015 National Safety Stand-Down update; and,
     Public Comment Period.

II. Workgroup Meetings

    The following ACCSH Workgroups will meet concurrently on December
1, 2015, from 1 to 5 p.m.:
     Health Hazards, Emerging Issues, and Prevention through
Design.
     Temporary Workers.
     Training and Outreach.
    ACCSH Workgroup meetings are open to the public. For additional
information on ACCSH Workgroup meetings or participating in them,
please contact Mr. Bonneau or look on the ACCSH page on OSHA's Web page
at: http://www.osha.gov.
    Attending the meeting: Individuals attending the meetings at the
U.S. Department of Labor must enter the building at the visitors'
entrance, 3rd and C Streets, NW., and pass through building security.
Attendees must have valid government-issued photo identification (such
as a driver's license) to enter the building. For additional
information about building-security measures for attending ACCSH
meetings, please contact Ms. Jameson (see ``Requests for special
accommodations'' in the ADDRESSES section of this notice).
    Requests to speak and speaker presentations: Attendees who want to
address ACCSH at the meeting must submit a request to speak, as well as
any written or electronic presentation, by November 13, 2015, using one
of the methods listed in the ADDRESSES section. The request must state:
     The amount of time requested to speak;
     The interest you represent (e.g., business, organization,
affiliation), if any; and
     A brief outline of your presentation.
    PowerPoint presentations and other electronic materials must be
compatible with PowerPoint 2010 and other Microsoft Office 2010
formats.
    Alternately, at the ACCSH meeting, you may request to address ACCSH
briefly by signing the public-comment request sheet and listing the
topic(s) you will address. You also must provide 20 hard copies of any
materials, written or electronic, you want to present to ACCSH.
    The ACCSH Chair may grant requests to address ACCSH as time and
circumstances permit.
    Public docket of the ACCSH meeting: OSHA will place comments,
requests to speak, and speaker presentations, including any personal
information you provide, in the public docket of this ACCSH meeting
without change, and those documents will be available online at: http://www.regulations.gov. OSHA also places in the public docket the meeting
transcript, meeting minutes, documents presented at the ACCSH meeting,
and other documents pertaining to the ACCSH and ACCSH Workgroup
meetings. These documents are available online at: http://www.regulations.gov.
    Access to the public record of ACCSH and ACCSH Workgroup meetings:
To read or download documents in the public docket of this ACCSH
meeting, go to Docket No. OSHA-2015-0002 at: http://www.regulations.gov. The http://www.regulations.gov index also lists
all documents in the public record for these meetings; however, some
documents (e.g., copyrighted materials) are not publicly available
through that Web page. All documents in the public record, including
materials not available through http://www.regulations.gov, are
available for inspection in the OSHA Docket Office (see ADDRESSES
section). Contact the OSHA Docket Office for assistance in making
submissions to, or obtaining materials from, the public docket.

III. Request for Nominations for Membership on ACCSH

    The Assistant Secretary of Labor for Occupational Safety and Health
(Assistant Secretary) invites interested persons to submit nominations
for membership on ACCSH.
    Background: ACCSH is a continuing advisory committee established
under Section 107(e) of the CSA to advise the Secretary of Labor
(Secretary) in the formulation of construction safety and health
standards, as well as on policy matters arising under the CSA and the
OSH Act. In particular, 29 CFR 1911.10(a) and 1912.3(a) provide that
the Assistant Secretary shall consult with ACCSH whenever the Agency
proposes any safety or health standard that affects the construction
industry.

    ACCSH operates in accordance with the CSA, the OSH Act, the Federal
Advisory Committee Act (FACA) (5 U.S.C. App. 2), and regulations issued
pursuant to those statutes (29 CFR part 1912, 41 CFR part 102-3). ACCSH
generally meets two to four times a year.
    ACCSH membership: ACCSH consists of 15 members whom the Secretary
appoints. ACCSH members generally serve staggered two-year terms,
unless they resign, cease to be qualified, or become unable to serve,
or the Secretary removes them (29 CFR 1912.3(e)). The Secretary may
appoint ACCSH members to successive terms. No member of ACCSH, other
than members who represent employers or employees, shall have an
economic interest in any proposed rule that affects the construction
industry (29 CFR 1912.6).
    The categories of ACCSH membership, and the number of new members
to be appointed to replace members whose terms will expire, are:
     Five members who are qualified by experience and
affiliation to present the viewpoint of employers in the construction
industry--two employer representatives will be appointed;
     Five members who are similarly qualified to present the
viewpoint of employees in the construction industry--two employee
representatives will be appointed;
     Two representatives of State safety and health agencies--
one representative from a State safety and health agency will be
appointed;
     Two public members, qualified by knowledge and experience
to make a useful contribution to the work of ACCSH, such as those who
have professional or technical experience and competence with
occupational safety and health in the construction industry--one public
representative will be appointed; and
     One representative designated by the Secretary of the
Department of Health and Human Services and appointed by the
Secretary--no new appointment will be made.
    The Department of Labor is committed to equal opportunity in the
workplace and seeks broad-based and diverse ACCSH membership. Any
interested person or organization may nominate one or more individuals
for membership on ACCSH. Interested persons also are invited and
encouraged to submit statements in support of nominees.
    Submission requirements: Nominations must include the following
information:
     Nominee's contact information and current employment or
position;
     Nominee's r[eacute]sum[eacute] or curriculum vitae,
including prior membership on ACCSH and other relevant organizations
and associations;
     Category of membership (employer, employee, public, State
safety and health agency) that the nominee is qualified to represent;
     A summary of the background, experience, and
qualifications that addresses the nominee's suitability for each of the
nominated membership categories;
     Articles or other documents the nominee has authored that
indicate the nominee's knowledge, experience, and expertise in
occupational safety and health, particularly as it pertains to the
construction industry; and
     A statement that the nominee is aware of the nomination,
is willing to regularly attend and participate in ACCSH meetings, and
has no conflicts of interest that would preclude membership on ACCSH.
     A letter signed by the nominee, stating: ``In agreeing to
serve as a member of the Advisory Committee on Construction Safety and
Health (ACCSH), I attest to the following: During the last 10 years, I
have not been convicted of a felony, or been imprisoned, been on
probation, or been on parole, for a felony; and I am not currently
under charges for a felony. I certify that, to the best of my knowledge
and belief, the above-information on this Self-Certification is true,
correct, complete, and made in good faith.''
    Member selection: The Secretary will select ACCSH members on the
basis of their experience, knowledge, and competence in the field of
occupational safety and health, particularly as it pertains to the
construction industry. Information received through this nomination
process, in addition to other relevant sources of information, will
assist the Secretary in appointing members to ACCSH. In selecting ACCSH
members, the Secretary will consider individuals nominated in response
to this Federal Register notice, as well as other qualified
individuals.
    Instructions for submitting nominations: All nominations,
supporting documents, attachments, and other materials must identify
the Agency name and the docket number for this Federal Register notice
(Docket No. OSHA-2015-0002). Submit materials electronically, by FAX,
or by hard copy. You may supplement electronic submissions by attaching
electronic files. If you supplement electronic submissions with hard-
copy documents, submit the hard copy documents to the OSHA Docket
Office and clearly identify the electronic submission by Agency name
and docket number (Docket No. OSHA-2015-0002) so the Docket Office can
attach the hard-copy documents to the appropriate electronic
submission.
    The OSHA Docket Office will post all submissions, including
personal information provided, in the docket without change. Therefore,
OSHA cautions interested parties about submitting personal information
such as Social Security numbers and birthdates. Guidance on submitting
nominations and supporting materials is available on-line at: http://www.regulations.gov and from the OSHA Docket Office.
    Access to docket: The http://www.regulations.gov index lists all
submissions provided in response to this Federal Register notice;
however, some information (e.g., copyrighted material) is not publicly
available to read or download from that Web page. All submissions,
including materials not available on-line, are available for inspection
at the OSHA Docket Office. For information about accessing materials in
Docket No. OSHA-2015-0002, including materials not available on-line,
contact the OSHA Docket Office.

Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this notice
under the authority granted by 29 U.S.C. 656; 40 U.S.C. 3704; 5 U.S.C.
App. 2; 29 CFR parts 1911 and 1912; 41 CFR 102-3; and Secretary of
Labor's Order No. 1-2012 (77 FR 3912, Jan. 25, 2012).

    Signed at Washington, DC, on October 23, 2015.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2015-27525 Filed 10-28-15; 8:45 am]
 BILLING CODE 4510-26-P


[Federal Register Volume 79, Number 186 (Thursday, September 25, 2014)]
[Notices]
[Pages 57629-57632]
[FR Doc No: 2014-22791]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-73156; File No. SR-ICEEU-2014-13]

Self-Regulatory Organizations; ICE Clear Europe Limited; Notice
of Filing of Amendment No. 1 and Order Granting Accelerated Approval of
a Proposed Rule Change, as Modified by Amendment No. 1, Relating to the
2014 ISDA Credit Derivatives Definitions

September 19, 2014.

I. Introduction

    On August 14, 2014, ICE Clear Europe Limited (``ICE Clear Europe'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change SR-ICEEU-2014-13 pursuant to Section 19(b)(1) of
the Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4
thereunder.\2\ The proposed rule change was published for comment in
the Federal Register on August 20, 2014.\3\ The Commission did not
receive comments on the proposed rule change. On September 19, 2014,
ICE Clear Europe filed Amendment No. 1 to the proposed rule change.\4\
The Commission is publishing this notice to solicit comments on
Amendment No. 1 from interested persons and is approving the proposed
rule change, as modified by

Amendment No. 1, on an accelerated basis.
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    \1\ 15 U.S.C. 78(s)(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Securities Exchange Act Release No. 34-72849 (August 14,
2014), 79 FR 49357 (August 20, 2014) (SR-ICEEU-2014-13) (hereinafter
referred to as the ``Initial Rule Filing'').
    \4\ ICE Clear Europe filed Amendment No. 1 to the proposed rule
change to address the timing of the commencement of clearing of
transactions incorporating the 2014 ISDA Credit Derivatives
Definitions in light of changes in the implementation timing of the
industry-wide ISDA protocol, as discussed in more detail below.
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II. Description of the Proposed Rule Change

A. Description of the Initial Rule Filing

    ICE Clear Europe has stated that the principal purpose of the
proposed rule change is to revise the ICE Clear Europe Clearing Rules
(the ``Rules'') and the ICE Clear Europe CDS Procedures (the ``CDS
Procedures'') to incorporate references to revised Credit Derivatives
Definitions, as published by the International Swaps and Derivatives
Association, Inc. (``ISDA'') on February 21, 2014 (the ``2014 ISDA
Definitions''). In the Initial Rule Filing, ICE Clear Europe
anticipated that, consistent with the approach being taken throughout
the CDS market at that time, the industry standard 2014 ISDA
Definitions would be applicable to certain products cleared by ICE
Clear Europe beginning on September 22, 2014.\5\
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    \5\ See supra note 4 and the discussion of Amendment No. 1
below.
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    ICE Clear Europe principally proposes to (i) revise the Rules and
CDS Procedures to make proper distinctions between the 2014 ISDA
Definitions and the ISDA Credit Derivatives Definitions published
previously in 2003 (as amended in 2009, the ``2003 ISDA Definitions'')
and related documentation; and (ii) make conforming changes throughout
the Rules and the CDS Procedures to reference provisions from the
proper ISDA Definitions. In addition, ICE Clear Europe proposes to
revise its CDS Risk Policy to reflect appropriate portfolio margin
treatment between CDS Contracts cleared under the 2003 and 2014 ISDA
Definitions.
    ICE Clear Europe has stated that, as described by ISDA, the 2014
Definitions make a number of changes from the 2003 ISDA Definitions to
the standard terms for CDS Contracts, including (i) introduction of new
terms applicable to credit events involving financial reference
entities and settlement of such credit events, (ii) introduction of new
terms applicable to credit events involving sovereign reference
entities and settlement of such credit events, (iii) implementation of
standard reference obligations applicable to certain reference
entities, and (iv) various other improvements and drafting updates that
reflect market experience and developments since the 2009 amendments to
the 2003 ISDA Definitions.
    ICE Clear Europe proposes to accept for clearing new transactions
in eligible contracts that reference the 2014 ISDA Definitions. ICE
Clear Europe also proposes revisions that would provide for the
conversion of certain existing contracts currently based on the 2003
ISDA Definitions into contracts based on the 2014 ISDA Definitions, an
approach consistent with expected industry practice for similar
contracts not cleared by ICE Clear Europe, and these converting
contracts will be subject to a multilateral amendment ``protocol''
sponsored by ISDA. For contracts that are not converting automatically,
ICE Clear Europe expects to continue to accept for clearing both new
transactions referencing the 2014 ISDA Definitions and new transactions
referencing the 2003 ISDA Definitions (and such contracts based on
different definitions will not be fungible). ICE Clear Europe
understands, through industry consensus, that Clearing Members plan to
adhere to the ISDA protocol and would desire ICE Clear Europe to
convert certain protocol-eligible contracts cleared at ICE Clear Europe
into contracts based on the 2014 ISDA Definitions, consistent with the
ISDA protocol. In an effort to achieve consistency across the CDS
marketplace, ICE Clear Europe's implementation plan is intended to be
fully consistent with the planned ISDA protocol implementation. ICE
Clear Europe anticipates that, consistent with the protocol, most ICE
Clear Europe CDS Contracts will convert, with certain exceptions
including CDS on so-called protocol excluded reference entities, which
are principally sovereigns and financial reference entities.
    To this end, ICE Clear Europe proposes to (i) revise the Rules to
make proper distinctions between the 2014 ISDA Definitions and the 2003
ISDA Definitions and related documentation; and (ii) make conforming
changes throughout the Rules to reference provisions from the proper
ISDA Definitions. ICE Clear Europe proposes changes to Parts 1, 9 and
15 of the Rules. ICE Clear Europe also proposes revisions to the CDS
Procedures to reflect proper distinctions between the 2003 ISDA
Definitions and the 2014 ISDA Definitions.\6\
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    \6\ A more detailed description of the proposed changes to the
Rules, CDS Procedures and CDS Risk Policy is set forth in the notice
of the Initial Rule Filing. See supra note 3.
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    Finally, ICE Clear Europe proposes revisions to its CDS Risk Policy
to provide for appropriate portfolio treatment between CDS Contracts
cleared under the 2003 and 2014 ISDA Definitions. ICE Clear Europe
intends to introduce a ``Risk Sub-Factor'' in the CDS Risk Policy as a
specific single name and any unique combination of instrument
attributes (e.g., restructuring clause, 2003 or 2014 ISDA Definitions,
debt tier, etc), so that the union of all Risk Sub-Factors that share
the same underlying single name would form a single name Risk Factor.
ICE Clear Europe intends the portfolio treatment at the Risk Sub-Factor
level would be provided for in the risk policy, as appropriate.
Additionally, ICE Clear Europe proposes that the CDS Risk Policy would
be revised to reflect a change in the 2014 ISDA Definitions that
restructuring credit events (including sovereign restructurings) other
than M(M)R Restructuring will not require separate triggering of each
contract and will therefore be treated as ``hard'' credit events such
as bankruptcy and failure to pay. ICE Clear Europe also intends to
revise its CDS Risk Policy regarding physical settlement, including
referencing the cash settlement fallback where physical settlement
fails.

B. Description of Amendment No. 1

    On September 19, 2014, ICE Clear Europe filed Amendment No. 1 to
the proposed rule change to address the timing of the commencement of
clearing of transactions incorporating the 2014 ISDA Definitions in
light of changes in the implementation timing of the industry-wide ISDA
protocol. ICE Clear Europe has represented that, except as described in
Amendment No. 1, the proposed rule changes in the Initial Rule Filing
are unchanged.
    As described in the Initial Rule Filing, ICE Clear Europe is
proposing changes to incorporate the 2014 ISDA Definitions, which make
a number of changes to the standard terms for CDS Contracts. ICE Clear
Europe has stated that, based on consultation with its Clearing Members
and others, ICE Clear Europe has sought to implement these revisions in
a manner and at a time consistent with the expected industry
implementation of the 2014 ISDA Definitions for similar contracts not
cleared by ICE Clear Europe, as provided under a multilateral amendment
protocol sponsored by ISDA.
    ICE Clear Europe has stated that, as has been publicly announced by
ISDA, the implementation date for the conversion of existing
transactions to the 2014 ISDA Definitions under the ISDA protocol has
been delayed until October 6, 2014. In addition, ICE Clear Europe has
stated that the industry consensus date for the commencement of trading
of new transactions based on the 2014 ISDA Definitions has similarly
been delayed until October 6, 2014, with the exception of certain
European

corporate, financial and sovereign CDS contracts for which new
transactions based on the 2014 ISDA Definitions may be entered into
commencing on September 22, 2014 (so-called ``protocol excluded
transactions'' or ``Non-STEC Contracts'' \7\). Following consultation
with its Clearing Members, and in an effort to maintain consistency
across the CDS marketplace, ICE Clear Europe proposes to modify certain
of the proposed rule changes in the Initial Rule Filing so that the
clearing of CDS contracts at ICE Clear Europe after the implementation
of the 2014 ISDA Definitions by the industry is consistent with this
revised schedule.
---------------------------------------------------------------------------

    \7\ As defined in the Initial Rule Filing.
---------------------------------------------------------------------------

    Accordingly, ICE Clear Europe proposes to make certain additional
changes to the CDS Procedures. In Paragraph 1 of the CDS Procedures, a
new definition of ``2014 CDD Implementation Date'' (defined to be
September 22, 2014) is proposed to be added. As described below, this
definition will be used to distinguish the 2014 ISDA Definitions
implementation date for protocol excluded transactions from that of
other transactions. ICE Clear Europe also proposes to revise the
definition of ``2014 CDD Protocol'' to reflect the fact that the
protocol has been modified as discussed above. The definition of
``Protocol Effective Date'' would be clarified to refer to the first
Amendment Effective Date under the protocol, which is now expected to
be October 6, 2014. The remaining provisions in Paragraph 1 of the CDS
Procedures would be renumbered and cross-references would be updated.
    Paragraph 4.3(c) would be revised to distinguish single-name CDS
contracts with different implementation times for the 2014 ISDA
Definitions. Revised subparagraph (i) would address contracts for which
use of the 2014 ISDA Definitions will not commence until the Protocol
Effective Date. Proposed revisions to subparagraph (ii) would address
the protocol excluded contracts for which use of the 2014 ISDA
Definitions may commence on the 2014 CDD Implementation Date.
    Similarly, Paragraph 10.1 would be revised to reflect the revised
implementation timing for the 2014 ISDA Definitions for Non-STEC
Contracts (i.e., protocol excluded contracts). Under revised Paragraph
10.1(e), Non-STEC Contracts accepted for clearing prior to the 2014 CDD
Implementation Date would be subject to the 2003 ISDA Definitions.
Under revised Paragraph 10.1(f), Non-STEC Contracts accepted for
clearing on or following the 2014 CDD Implementation Date would be
subject to the 2014 ISDA Definitions, unless the 2003 ISDA Definitions
are specified to be applicable to such contracts.
    ICE Clear Europe has represented that the purpose of, and statutory
basis for, the proposed rule changes, as set forth in the Initial Rule
Filing, are otherwise unchanged.

III. Discussion and Commission Findings

    Section 19(b)(2)(C) of the Act \8\ directs the Commission to
approve a proposed rule change of a self-regulatory organization if the
Commission finds that such proposed rule change is consistent with the
requirements of the Act and the rules and regulations thereunder
applicable to such self-regulatory organization. Section 17A(b)(3)(F)
of the Act \9\ requires, among other things, that the rules of a
clearing agency are designed to promote the prompt and accurate
clearance and settlement of securities transactions and, to the extent
applicable, derivative agreements, contracts, and transactions, to
assure the safeguarding of securities and funds which are in the
custody or control of the clearing agency or for which it is
responsible and, in general, to protect investors and the public
interest.
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    \8\ 15 U.S.C. 78s(b)(2)(C).
    \9\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

    The Commission finds that the proposed revisions to the Rules, CDS
Procedures and CDS Risk Policy, as modified by Amendment No. 1, are
consistent with the requirements of Section 17A of the Act \10\ and the
rules and regulations thereunder applicable to ICE Clear Europe. The
proposed rule change, which is principally designed to incorporate and
implement the 2014 ISDA Definitions, will permit clearing of contracts,
both new and existing, referencing the new definitions, while
distinguishing, where applicable, contracts cleared by ICE Clear Europe
between those referencing the 2014 ISDA Definitions and those
referencing the 2003 ISDA Definitions for purposes of risk management
and clearing operations. Additionally, the proposed rule change, as
modified by Amendment No. 1, will allow ICE Clear Europe to implement
the clearing of contracts referencing the 2014 ISDA Definitions in a
manner consistent with the implementation of the industry-wide ISDA
protocol for similar uncleared contracts, as discussed above, thereby
facilitating the trading and clearing of CDS throughout the entire
credit derivatives market. Finally, ICE Clear Europe states that the
proposed rule change is necessary to provide the market with the
assurances that ICE Clear Europe plans to implement the 2014 ISDA
Definitions consistent with industry practice, thereby facilitating
prompt and accurate clearance and settlement. The Commission therefore
believes that the proposed rule change, as modified by Amendment No. 1,
is reasonably designed to promote the prompt and accurate clearance and
settlement of securities transactions and, to the extent applicable,
derivative agreements, contracts, and transactions and to assure the
safeguarding of securities and funds which are in the custody or
control of the clearing agency or for which it is responsible,
consistent with Section 17A(b)(3)(F) of the Act.\11\
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    \10\ 15 U.S.C. 78q-1.
    \11\ 15 U.S.C. 78q-1(b)(3)(F).
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IV. Solicitation of Comments on Amendment No. 1

    Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether Amendment No. 1
is consistent with the Act. Comments may be submitted by any of the
following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-ICEEU-2014-13 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-2014-13. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change 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 Web site viewing and

printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of ICE Clear Europe
and on ICE Clear Europe's Web site at https://www.theice.com/clear-europe/regulation.

V. Accelerated Approval of Proposed Rule Change as Modified by
Amendment No. 1

    As discussed above, ICE Clear Europe submitted Amendment No. 1 to
the proposed rule change to address the necessary change in the timing
of the clearing of transactions incorporating the 2014 ISDA Definitions
in light of the change in the implementation timing of the industry-
wide ISDA protocol. The Commission believes that Amendment No. 1 does
not modify the proposed rule change as described in the Initial Rule
Filing \12\ in any substantive manner, but will facilitate the trading
and clearing of CDS throughout the entire credit derivatives market.
Accordingly, the Commission finds good cause, pursuant to Section
19(b)(2)(C)(iii) of the Act,\13\ to approve the proposed rule change,
as modified by Amendment No. 1, prior to the thirtieth day after the
date of publication of notice of Amendment No. 1 in the Federal
Register.
---------------------------------------------------------------------------

    \12\ The Initial Rule Filing was published in the Federal
Register on August 20, 2014, for 21-day comment and the comment
period ended on September 10, 2014. The Commission did not receive
comments on the Initial Rule Filing.
    \13\ 15 U.S.C. 78s(b)(2)(C)(iii).
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VI. Conclusion

    On the basis of the foregoing, the Commission finds that the
proposal is consistent with the requirements of the Act and in
particular with the requirements of Section 17A of the Act \14\ and the
rules and regulations thereunder.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78q-1.
---------------------------------------------------------------------------

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\15\ that the proposed rule change (File No. SR-ICEEU-2014-13), as
modified by Amendment No. 1, be, and hereby is, approved on an
accelerated basis.\16\
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    \15\ 15 U.S.C. 78s(b)(2).
    \16\ 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.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-22791 Filed 9-24-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 173 (Friday, September 6, 2013)]
[Notices]
[Page 54934]
[FR Doc No: 2013-21838]

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SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]

China Lithium Technologies, Inc. and China Wi-Max Communications,
Inc.; Order of Suspension of Trading

September 4, 2013.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
China Lithium Technologies, Inc. because it has not filed any periodic
reports since the period ended March 31, 2012.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
China Wi-Max Communications, Inc. because it has not filed any periodic
reports since the period ended June 30, 2011.
    The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of the above-listed companies. Therefore, it is ordered,
pursuant to Section 12(k) of the Securities Exchange Act of 1934, that
trading in the securities of the above-listed companies is suspended
for the period from 9:30 a.m. EDT on September 4, 2013, through 11:59
p.m. EDT on September 17, 2013.

    By the Commission.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2013-21838 Filed 9-4-13; 4:15 pm]
BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 125 (Friday, July 2, 2021)]
[Proposed Rules]
[Pages 35254-35257]
[FR Doc No: 2021-14179]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[EPA-R04-OAR-2021-0322; FRL-10025-78-Region 4]

Air Quality Designations; NC: Redesignation of the Brunswick
County 2010 Sulfur Dioxide Unclassifiable Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a submission by the State of North Carolina, through the
Department of Air Quality (DAQ), on April 23, 2021, to redesignate the
Brunswick County, North Carolina, unclassifiable area (hereinafter
referred to as the ``Brunswick County Area'' or ``Area'') to
attainment/unclassifiable for the 2010 1-hour primary sulfur dioxide
(SO2) national ambient air quality standard (hereinafter
referred to as the ``2010 SO2 1-hour NAAQS''). Because EPA
now has sufficient information to determine that the Brunswick County
Area is attaining the 2010 1-hour SO2 national ambient air
quality standards (NAAQS), the Agency is proposing to approve the
State's redesignation request, thereby redesignating the Area from
unclassifiable to attainment/unclassifiable for the 2010 1-hour
SO2 NAAQS.

DATES: Comments must be received on or before August 2, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2021-0322 at http://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Evan Adams, Air Regulatory Management
Section, Air Planning and Implementation Branch, Air and Radiation
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303-8960. Mr. Adams can be reached by
telephone at<PHONE_NUMBER> or via electronic mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    The Clean Air Act (CAA or Act) establishes a process for air
quality management through the establishment and implementation of the
NAAQS. On June 2, 2010, EPA revised the primary SO2 NAAQS,
establishing a new 1-hour SO2 standard of 75 parts per
billion (ppb). See 75 FR 35520 (June 22, 2010).\1\ After the
promulgation of a new or revised NAAQS, EPA is required to designate
all areas of the country pursuant to section 107(d)(1)-(2) of the CAA.
For the 2010 1-hour SO2 NAAQS, designations were based on
EPA's application of the nationwide analytical approach to, and
technical assessment of, the weight of evidence for each area,
including but not limited to available air quality monitoring data and
air quality modeling results. In advance of designating the Brunswick
County Area, EPA issued updated designations guidance through a March
20, 2015, memorandum from Stephen D. Page, Director, U.S. EPA, Office
of Air Quality Planning and Standards, to Regional Air Division
Directors, U.S. EPA Regions 1-10, titled ``Updated Guidance for Area
Designations for the 2010 Primary Sulfur Dioxide National Ambient Air
Quality Standard.'' This document contains the factors that EPA
evaluated in determining the appropriate designations and associated
boundaries when designating the Brunswick County Area, including: (1)
Air quality characterization via ambient monitoring or dispersion
modeling results; (2) emissions-related data; (3) meteorology; (4)
geography and topography; and (5)

jurisdictional boundaries.2 3 The guidance also referenced
EPA's non-binding Monitoring Technical Assistance Document (Monitoring
TAD) \4\ and Modeling Technical Assistance Document (Modeling TAD),\5\
which contain scientifically sound recommendations on how air agencies
should conduct such monitoring or modeling.
---------------------------------------------------------------------------

    \1\ On February 25, 2019 (effective April 17, 2019), EPA issued
a decision to retain the existing NAAQS for SO2. See 84
FR 9866 (March 18, 2019).
    \2\ The 2015 memorandum is available at https://www.epa.gov/sites/production/files/2016-04/documents/20150320so2designations.pdf.
    \3\ This designation guidance has since been supplemented by a
July 22, 2016, designation guidance memorandum from Stephen D. Page,
Director, U.S. EPA, Office of Air Quality Planning and Standards, to
Regional Air Division Directors, U.S. EPA Regions 1-10. The 2016
memorandum is available at https://www.epa.gov/sites/production/files/2016-07/documents/areadesign.pdf.
    \4\ The version of the EPA's ``SO2 NAAQS Designations
Source-Oriented Monitoring Technical Assistance Document''
(Monitoring TAD) available at the time of the Round 2 designations
action was released in December 2013. The current version of the
Monitoring TAD was released in February 2016 and superseded the
version released in December 2013.
    \5\ ``Sulfur Dioxide (SO2) National Ambient Air
Quality Standards Designations Modeling Technical Assistance
Document,'' August 2016 draft, available at https://www.epa.gov/sites/production/files/2016-06/documents/so2modelingtad.pdf. EPA
released earlier drafts of this document in May 2013 and February
2016.
---------------------------------------------------------------------------

    EPA completed the first set of initial area designations for the
2010 1-hour SO2 NAAQS in 2013 (Round 1). Pursuant to a March
2, 2015, consent decree and court-ordered schedule,\6\ EPA finalized a
second set of initial area designations for the 2010 1-hour
SO2 NAAQS in 2016 (Round 2). The March 2, 2015, consent
decree identified the following emissions criteria such that EPA must
designate, in Round 2, an area surrounding any stationary source which
had: (a) Annual emissions in 2012 exceeding 16,000 tons of
SO2, or (b) both an annual average emissions rate of at
least 0.45 pounds of SO2 per one million British thermal
units, according to EPA's Clean Air Markets Division Database, and
annual emissions of at least 2,600 tons of SO2 in 2012.
North Carolina had one source, the Capital Power Incorporated (CPI)
Southport Cape Fear facility in Brunswick County, that met these Round
2 criteria.
---------------------------------------------------------------------------

    \6\ See Sierra Club et. al. v. McCarthy, Civil Action No. 3:13-
cv-3953-SI (N.D. Cal.) and 79 FR 31325 (June 2, 2014).
---------------------------------------------------------------------------

    EPA evaluated the Brunswick County Area, using the five factors
identified previously, during the Round 2 designations. This evaluation
is discussed further in Section III of this notice. The CPI Southport
facility, located on the coast of southeastern North Carolina in the
southeastern portion of Brunswick County, was an electric power
generation plant with two electric generating units (EGUs) that were
permitted to combust a variety of solid fuels, including coal, woody
biomass fuels, and tire derived fuel. CPI was included in the list of
facilities to be designated pursuant to the March 2, 2015, Consent
Decree.\7\
---------------------------------------------------------------------------

    \7\ CPI Southport was also subject to EPA's 2015 Data
Requirements Rule (DRR) for the 2010 SO2 1-hour NAAQS.
See https://www.epa.gov/sites/production/files/2016-06/documents/nc.pdf for North Carolina's letter and DRR source list, dated
January 15, 2016. EPA separately promulgated the DRR which required
states to undertake air quality characterization for areas with
SO2 sources meeting certain criteria. Specifically, the
DRR required state air agencies to provide additional monitoring or
modeling information to characterize air quality in areas associated
with sources meeting certain criteria or that have otherwise been
listed under the DRR by EPA or state air agencies, or to instead
impose federally enforceable emission limitations on those sources
restricting their annual SO2 emissions to less than 2,000
tons per year, or provide documentation that the sources have been
shut down, by specified dates. The information generated by
implementation of the DRR informed EPA's designations.
---------------------------------------------------------------------------

    EPA's March 20, 2015, guidance specified the designation category
definitions to be used in the Round 2 designations. Specifically, EPA
defined a ``nonattainment'' area as an area that EPA has determined
violates the 2010 1-hour SO2 NAAQS based on the most recent
three years of quality-assured, certified ambient air quality
monitoring data or an appropriate modeling analysis, or that EPA has
determined contributes to a violation in a nearby area; and defined an
``attainment'' area as an area that EPA has determined meets the 2010
1-hour SO2 NAAQS and does not contribute to a violation of
the NAAQS in a nearby area based on either: (a) The most recent three
years of ambient air quality monitoring data from a monitoring network
in an area that is sufficient to be compared to the NAAQS per EPA
interpretations in the Monitoring TAD, or (b) an appropriate modeling
analysis.
    As discussed further in Section III of this notice, EPA was unable
to determine whether the Brunswick County Area met the definition of a
nonattainment area or the definition of an attainment area based on the
available information at the time of the Round 2 designations. As a
result, EPA designated the Brunswick County Area as unclassifiable in
the Round 2 designations published on July 12, 2016.\8\ The Area
includes all six townships (Lockwood Folly Township, Northwest
Township, Shallotte Township, Smithville Township, Town Creek Township,
Waccamaw Township) within the jurisdictional boundary of Brunswick
County. Detailed rationale, analyses, and other information supporting
EPA's original Round 2 designation for this Area can be found in the
Round 2 designation's technical support document (TSD) for North
Carolina. All supporting materials for the original 2010 1-hour
SO2 NAAQS designation for the Brunswick County Area,
including the TSD, can be found on EPA's SO2 designations
website.\9\
---------------------------------------------------------------------------

    \8\ See 81 FR 45039 (July 12, 2016, effective September 12,
2016) codified at 40 CFR 81.334.
    \9\ EPA's SO2 designations website can be found at
https://www.epa.gov/sulfur-dioxide-designations/epa-completes-second-round-sulfur-dioxide-designations.
---------------------------------------------------------------------------

    After reviewing North Carolina's redesignation request under CAA
section 107(d)(3)(D) and all available information, EPA is proposing to
redesignate the Brunswick County Area from unclassifiable to
attainment/unclassifiable for the 2010 1-hour SO2 standard
based on a valid ambient SO2 design value that adequately
characterizes the SO2 air quality in the Brunswick County
Area. See Sections II and III below for more information on the
criteria to redesignate unclassifiable SO2 areas and the
rationale for this proposed action.

II. What are the criteria for redesignating an area from unclassifiable
to attainment/unclassifiable?

    Section 107(d)(3)(A) of the CAA provides that the Administrator may
notify the Governor of any state that the designation of an area should
be revised ``on the basis of air quality data, planning and control
considerations, or any other air quality-related considerations the
Administrator deems appropriate.'' \10\ The Act further provides in
section 107(d)(3)(D) that even if the Administrator has not notified a
state Governor that a designation should be revised, the Governor of
any state may, on the Governor's own motion, submit a request to revise
the designation of any area, and the Administrator must approve or deny
the request. In keeping with CAA section 107(d)(3)(A), areas that are
redesignated to attainment/unclassifiable \11\ must meet the

requirements for attainment areas and, thus, must meet the relevant
NAAQS. In addition, the area must not contribute to ambient air quality
in a nearby area that does not meet the NAAQS. See the definitions for
nonattainment area, attainment area, and unclassifiable area in CAA
section 107(d)(1)(A)(i)-(iii).
---------------------------------------------------------------------------

    \10\ While CAA section 107(d)(3)(E) also lists specific
requirements for redesignations, those requirements only apply to
redesignations of nonattainment areas to attainment and, therefore,
are not applicable in the context of a redesignation of an area from
unclassifiable to attainment/unclassifiable.
    \11\ Historically, EPA has designated most areas that do not
meet the definition of nonattainment as ``unclassifiable/
attainment.'' EPA has reversed the order of the label to be
``attainment/unclassifiable'' to better convey the definition of the
designation category and so that the category is more easily
distinguished from the separate unclassifiable category. See 83 FR
1098 (January 9, 2018) and 83 FR 25776 (June 4, 2018). EPA reserves
the ``attainment'' category for when EPA redesignates a
nonattainment area that has attained the relevant NAAQS and has an
approved maintenance plan.
---------------------------------------------------------------------------

    In its designations under the 2010 1-hour SO2 NAAQS, EPA
has generally defined an attainment/unclassifiable area as an area
that, based on available information including (but not limited to)
appropriate monitoring data and/or modeling analyses, EPA has
determined meets the NAAQS and determined that the available
information indicates that the area does not likely contribute to
ambient air quality in a nearby area that does not meet the NAAQS. EPA
is proposing to find that the Brunswick County Area now meets the
definition of attainment/unclassifiable based upon a 3-year certified
and complete design value of air quality monitoring data that
demonstrates attainment, i.e., no violations of the 2010 1-hour
SO2 NAAQS, and the fact that sources in Brunswick County are
not contributing to a nearby area that is violating the NAAQS. EPA
preliminarily finds this information sufficient for the purposes of
redesignating an area from unclassifiable to attainment/unclassifiable.
Such redesignations are functionally similar to initial designations
and are not subject to CAA section 107(d)(3)(E), which, amongst other
things, requires attainment to be due to permanent and enforceable
measures and which requires a demonstration that the area will maintain
the NAAQS for 10 years. For the Brunswick County Area, DEQ submitted a
request to redesignate the area from unclassifiable to attainment/
unclassifiable on April 23, 2021.\12\
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    \12\ This redesignation request is included in the docket for
this proposed action.
---------------------------------------------------------------------------

III. What is EPA's rationale for proposing to redesignate the area?

    The Brunswick County Area includes the CPI Southport facility,
which met the Round 2 criteria as discussed in Section I of this
document, and thus, EPA was required to designate the Area in 2016,
under the March 2, 2015, court-ordered schedule. After review of all
available information at that time, including modeling provided by the
State, EPA was unable to determine the Area's attainment status, and
therefore, designated Brunswick County in its entirety as
unclassifiable in Round 2 of designations for the 2010 1-hour
SO2 primary NAAQS on July 12, 2016. EPA's rationale for the
unclassifiable designation is fully explained in the final Round 2
designations TSD.\13\ For Brunswick County, DAQ selected the monitoring
pathway for purposes of air quality characterization pursuant to EPA's
SO2 Data Requirements Rule (DRR) (80 FR 51052, August 21,
2015).\14\ Pursuant to requirements under the DRR to characterize the
air quality in the area around CPI Southport, North Carolina installed
an SO2 monitor in the area of maximum concentration for the
CPI Southport facility (in accordance with EPA's Monitoring TAD and 40
CFR parts 50 and 58) and began collecting data on January 1, 2017.\15\
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    \13\ The final Round 2 designations TSD can be found at https://www.epa.gov/sites/production/files/2016-07/documents/r4_nc_final_designation_tsd_06302016.pdf.
    \14\ Data Requirements Rule for the 2010 1-Hour Sulfur Dioxide
(SO2) Primary National Ambient Air Quality Standard
(NAAQS), Final Rule, 80 FR 51052, August 21, 2015 (https://www.govinfo.gov/content/pkg/FR-2015-08-21/pdf/2015-20367.pdf). In
accordance with the DRR, 40 CFR part 51, subpart BB, through a
letter dated June 30, 2016, North Carolina notified EPA that the
State chose to characterize peak 1-hour SO2
concentrations for CPI through air quality monitoring. See https://www.epa.gov/sites/production/files/2016-07/documents/north_carolina_source_characterization.pdf.
    \15\ The monitor is located at the site of maximum concentration
based on modeling following the procedures in EPA SO2
Monitoring TADs. More details on the analyses used to support the
monitor placement are contained in the state's 2016 annual
monitoring annual network plan located in the docket for this
proposed action.
---------------------------------------------------------------------------

    On April 23, 2021, North Carolina submitted a letter to EPA
requesting that the entirety of Brunswick County be redesignated to
attainment/unclassifiable based on the newly available monitoring
information, which demonstrates attainment of the 2010 1-hour
SO2 NAAQS. To evaluate North Carolina's redesignation
request, EPA considered the design value for the air quality monitor in
Brunswick County by assessing the most recent three consecutive years
(i.e., 2018-2020) of quality-assured, certified ambient air quality
data in the EPA Air Quality System (AQS) using data from a monitor that
was sited and operated in accordance with 40 CFR parts 50 and 58.
Procedures for using monitored air quality data to determine whether a
violation has occurred are provided in 40 CFR part 50 Appendix T, as
revised in the 2010 1-hour SO2 NAAQS rulemaking. As noted
previously, the 2010 1-hour SO2 NAAQS is met when the design
value is 75 ppb or less. Table 1, below, contains the most recent three
years of ambient SO2 monitoring data available and shows
that the Area is attaining the 2010 1-hour SO2 NAAQS with a
design value of 54 ppb for the period 2018-2020.\16\
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    \16\ North Carolina early certified the Southport monitor 2018-
2020 air quality data in AQS on January 13, 2021. See Table 2 in
North Carolina's April 23, 2021, redesignation request.

                      Table 1--2010 SO2 NAAQS Monitoring Data for the Brunswick County Area
----------------------------------------------------------------------------------------------------------------
                                                         2018 99th     2019 99th     2020 99th      2018-2020
             AQS ID                   Monitor site      percentile    percentile    percentile     design value
                                                           (ppb)         (ppb)         (ppb)          (ppb)
----------------------------------------------------------------------------------------------------------------
370190005.......................  Southport..........         55 *            60            46               54
----------------------------------------------------------------------------------------------------------------
 * Brunswick County SO2 monitoring measurements for the third quarter (July, August, and September) of 2018 did
  not meet the data completeness requirement of 75% data capture. However, a valid design value for 2018 to 2020
  was obtained using the data substitution procedures in 40 CFR part 50, Appendix T, Section 3(c)(ii)(B).

    Additionally, on March 31, 2020, the CPI Southport facility ceased
operation, and the DAQ rescinded the facility's operating permit
effective April 1, 2021.\17\ After reviewing North Carolina's request
under CAA section 107(d)(3)(D) and all available information, EPA is
proposing to find that the three years of monitored ambient
SO2 data from 2018-2020 adequately characterize the
SO2 air quality in Brunswick County and demonstrate
attainment of the 2010 1-hour SO2 NAAQS in the Area.
Additionally, there is no evidence of monitored or modeled violations
in the

surrounding counties such that the source is contributing to any nearby
area that does not meet the NAAQS. EPA is therefore proposing to
approve North Carolina's redesignation request and redesignate the
Brunswick County Area from unclassifiable to attainment/unclassifiable
based on the currently available information that demonstrates
attainment of the 2010 1-hour SO2 NAAQS.
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    \17\ The DAQ's April 1, 2021 letter rescinding Air Quality
Permit No. 05884T21 and the January 20, 2021, certified letter from
Mr. Frank Hayward, General Manager, CPI USA North Carolina, LLC--
Southport Plant to Mr. Brad Newland, P.E., Regional Air Quality
Supervisor, Wilmington Regional Office, NC Division of Air Quality,
requesting permit recission are located in the docket for this
proposed action.
---------------------------------------------------------------------------

IV. Proposed Action

    EPA is proposing to approve North Carolina's April 23, 2021,
request to redesignate the Brunswick County Area from unclassifiable to
attainment/unclassifiable for the 2010 1-hour SO2 NAAQS. As
discussed in prior sections, this proposed action is based on the
currently available monitoring data for the Brunswick County Area that
demonstrate attainment of the 2010 1-hour SO2 primary NAAQS.
If finalized, approval of the redesignation request would change the
legal designation for this Area, found at 40 CFR part 81, from
unclassifiable to attainment/unclassifiable for the 2010 1-hour
SO2 primary NAAQS.

V. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment/
unclassifiable is an action that affects the status of a geographical
area and does not impose any additional regulatory requirements on
sources beyond those imposed by state law. A redesignation to
attainment/unclassifiable does not create any new requirements.
Accordingly, this proposed action merely proposes to redesignate an
area to attainment/unclassifiable and does not impose additional
requirements. For that reason, this proposed action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Will not have disproportionate human health or
environmental effects under Executive Order 12898 (59 FR 7629, February
16, 1994).
    This proposed action does not apply on any Indian reservation land
or in any other area where EPA or an Indian tribe has demonstrated that
a tribe has jurisdiction. In those areas of Indian country, this
proposed action does not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it
impose substantial direct costs on tribal governments or preempt tribal
law.

List of Subjects in 40 CFR Part 81

    Environmental protection, Air pollution control.

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

    Dated: June 28, 2021.
John Blevins,
Acting Regional Administrator, Region 4.
[FR Doc. 2021-14179 Filed 7-1-21; 8:45 am]
BILLING CODE 6560-50-P