[Federal Register Volume 87, Number 184 (Friday, September 23, 2022)]
[Proposed Rules]
[Pages 58045-58047]
[FR Doc No: 2022-20423]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2022-0355; FRL-10157-01-R4]

Air Plan Approval; Florida; Removal of Odor, Fluorides, and Total
Reduced Sulfur Rules and Related Definitions From the Florida SIP

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
correct the erroneous incorporation of several rules and related
definitions into the Florida State Implementation Plan (SIP). The rules
being proposed for removal from the SIP, which are identified by
Florida in letters to EPA dated March 16, 2021, and July 2, 2021,
regulate odor, fluoride, and total reduced sulfur (TRS) emissions. EPA
is proposing to remove these rules and definitions from the Florida SIP
because they are not related to implementation, maintenance, or
enforcement of the national ambient air quality standards (NAAQS) or
otherwise required to be included in the SIP.

DATES: Comments must be received on or before October 24, 2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2022-0355 at 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 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. The telephone number is (404)
562-9009. Mr. Adams can also be reached via electronic mail at
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    A SIP is a federally enforceable collection of regulations and
documents used by a state, territory, or local air district to
implement, maintain, and enforce the NAAQS and to fulfill other
requirements of the Clean Air Act (CAA or Act) that require SIP
measures (e.g., measures addressing regional haze under CAA section
169A). The NAAQS currently address six criteria pollutants: carbon
monoxide, nitrogen dioxide, ozone, lead, particulate matter, and sulfur
dioxide. Each federally approved SIP protects air quality primarily by
addressing air pollution at its point of origin through air pollution
regulations and control strategies.
    EPA has incorporated several rules related to odor, fluorides, and
TRS into the Florida SIP. In letters to EPA dated March 16, 2021, and
July 2, 2021, Florida identifies some of those rules as inappropriate
for inclusion in the SIP, provides the bases for its conclusions, and
asks EPA to remove them pursuant to CAA section 110(k)(6).
    Section 110(k)(6) provides EPA with the authority to make
corrections to prior SIP actions that are subsequently found to be in
error in the same manner as the prior action, and to do so without
requiring any further submission from the state.\1\ While section
110(k)(6) provides EPA with the authority to correct its own ``error,''
nowhere does this provision or any other provision in the CAA define
what qualifies as ``error.'' Thus, EPA believes the term should be
given its plain language, everyday meaning, which includes all
unintentional, incorrect, or wrong actions and mistakes. Each provision
proposed for removal from Florida's SIP is discussed below along with
EPA's analysis.
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    \1\ Section 110(k)(6) states that ``Whenever the Administrator
determines that the Administrator's action approving, disapproving,
or promulgating any plan or plan revision (or part thereof), area
designation, redesignation, classification, or reclassification was
in error, the Administrator may in the same manner as the approval,
disapproval, or promulgation revise such action as appropriate
without requiring any further submission from the State. Such
determination and the basis thereof shall be provided to the State
and public.''
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II. EPA's Analysis

A. Rule 62-210.200, F.A.C.2--Definitions
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    \2\ F.A.C. stands for Florida Administrative Code.
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    In the July 2, 2021, letter from FDEP, the State requests that EPA
remove the following terms and their definitions in Rule 62-210.200
from the Florida SIP: (66) Calciner, (109) Cross Recovery Furnace,
(117) Digester System, (157) Green Liquor Sulfidity, (182) Lime Kiln,
(207) Multiple Effect Evaporator System, (211) Neutral Sulfite
Semichemical (NSSC) Pulping Operation, (212) New Design Direct-Fired
Kraft Recovery

Furnace, (213) New Design Direct-Fired Suspension-Burning Kraft
Recovery Furnace, (214) New Design Kraft Recovery Furnace, (221)
Objectionable Odor, (222) Odor, (223) Old Design Kraft Recovery
Furnace, (241) Plant Section, (286) Smelt Dissolving Tank, (299)
Straight Kraft Recovery Furnace, and (307) Tall Oil Plant.\3\
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    \3\ EPA last updated the SIP-approved version of Rule 62-210.200
on September 16, 2020 (85 FR 57707).
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    In the Florida SIP, these defined terms are only used in Rules 62-
210.310(4), 62-296.320, 62-296.403, 62-296.404(4) through (6), and 62-
297.440(2)(f), which are all being proposed for removal in this
110(k)(6) error correction notice. If EPA removes these rules from the
Florida SIP, these terms will no longer be needed in the SIP because
they are not used in any other SIP rules. EPA is proposing to remove
these terms and their definitions from the Florida SIP for this reason
and because they are not related to implementation, maintenance, or
enforcement of the NAAQS or otherwise required to be included in the
SIP.

B. Rule 62-210.310, F.A.C.--Air General Permits

    In the July 2, 2021, letter from FDEP, the State requests that EPA
remove subparagraphs (4)(d)2.b, (4)(e)2.b, and (4)(f)2.c. of Rule 62-
210.310, Air General Permits from the Florida SIP.\4\ These
subparagraphs serve only to require compliance with the objectionable
odor prohibition of Rule 62-296.320(2), which, as discussed below, is
also proposed for removal from the SIP. If EPA removes Rule 62-
296.320(2) from the SIP, these provisions of Rule 62-210.310 will no
longer have meaning. EPA is proposing to remove these subparagraphs
from the Florida SIP for this reason and because they are not related
to implementation, maintenance, or enforcement of the NAAQS or
otherwise required to be included in the SIP.
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    \4\ EPA last updated the SIP-approved version of Rule 62-210.310
on October 6, 2017 (82 FR 46682).
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C. Rule 62-296.320, F.A.C.--General Pollutant Emission Limiting
Standards

    In the March 16, 2021, letter from FDEP, the State requests that
EPA remove Rule 62-296.320(2), Objectionable Odor Prohibited from the
Florida SIP.\5\ This SIP-approved rule provides that ``No person shall
cause, suffer, allow or permit the discharge of air pollutants which
cause or contribute to objectionable odor.'' EPA is proposing to remove
this rule from the Florida SIP because it is not related to
implementation, maintenance, or enforcement of the NAAQS or otherwise
required to be included in the SIP.
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    \5\ EPA last updated the SIP-approved version of Rule 62-296.320
on June 16, 1999 (64 FR 32346).
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D. Rule 62-296.403, F.A.C.--Phosphate Processing

    In the March 16, 2021, letter from FDEP, the State requests that
EPA remove Rule 62-296.403, Phosphate Processing, in its entirety, from
the Florida SIP.\6\ This rule requires certain phosphate processing
plants and plant sections to meet emissions limitations on the pounds
of fluoride emitted per ton of phosphate material input and to comply
with specified test methods. EPA is proposing to remove this rule from
the Florida SIP because it is not related to implementation,
maintenance, or enforcement of the NAAQS or otherwise required to be
included in the SIP.
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    \6\ EPA last updated the SIP-approved version of Rule 62-296.403
on June 16, 1999 (64 FR 32346).
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E. Rule 62-296.404, F.A.C.--Kraft (Sulfate) Pulp Mills and Tall Oil
Plants

    In the March 16, 2021, letter from FDEP, the State requests that
EPA remove the portions of Rule 62-296.404, Kraft (Sulfate) Pulp Mills
and Tall Oil Plants, regarding TRS from the Florida SIP.\7\
Specifically, EPA is proposing to remove Rule 62-296.404(1)(b) and
Rules 62-296.404(4)(a)3, (4)(b)3, (4)(c)3, (4)(d), and (4)(e), which
outline different testing methods and procedures for TRS processes, as
well as Rules 62-296.404(5) and 62-296.404(6), which outline monitoring
and reporting requirements for sources of TRS. EPA is proposing to
remove these provisions from the Florida SIP because they are not
related to implementation, maintenance, or enforcement of the NAAQS or
otherwise required to be included in the SIP.
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    \7\ EPA last updated the SIP-approved version of Rule 62-296.404
on June 16, 1999 (64 FR 32346).
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F. Rule 62-297.440, F.A.C.--Supplementary Test Procedures

    In the July 2, 2021, letter from FDEP, the State requests that EPA
remove paragraph (2)(f) of Rule 62-297.440, Supplementary Test
Procedures from the Florida SIP.\8\ Rule 62-297.440(2)(f) provides that
when determining whether a kraft recovery furnace is a straight kraft
or cross recovery furnace the procedure in 40 CFR 60.285(d)(3) of
Subpart BB shall be used. This provision is used only to determine
which type of recovery furnace a specific unit is, as defined in Rule
62-210.200, in order to establish what TRS emission limit applies. If
EPA removes all TRS provisions in 62-210.200, as described elsewhere in
this notice, Rule 62-297.440(2)(f) will be unnecessary. EPA is
proposing to remove this paragraph from the Florida SIP for this reason
and because it is not related to implementation, maintenance, or
enforcement of the NAAQS or otherwise required to be included in the
SIP.
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    \8\ EPA last updated the SIP-approved version of Rule 62-
297.440, Supplementary Test Procedures, on April 2, 2018 (83 FR
13875).
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    EPA's prior approval into the Florida SIP of the rules and
definitions identified by the State in its March 16, 2021, and July 2,
2021, letters to EPA, was in error because these rules and definitions
are not related to implementation, maintenance, or enforcement of the
NAAQS or otherwise required to be included in the SIP. EPA is therefore
proposing to remove them from the Florida SIP.

III. Incorporation by Reference

    In this document, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. EPA is
proposing to remove certain provisions and defined terms from the
following rules in the Florida SIP: 62-210.200, F.A.C.--Definitions,
62-210.310, F.A.C.--Air General Permits, 62-296.320, F.A.C.--General
Pollutant Emission Limiting Standards, 62-296.403, F.A.C.--Phosphate
Processing, 62-296.404, F.A.C.--Kraft (Sulfate) Pulp Mills and Tall Oil
Plants, and 62-297.440, F.A.C.--Supplementary Test Procedures. From
Rule 62-210.200, Definitions, EPA is proposing to remove the following
defined terms and their definitions: (66) Calciner, (109) Cross
Recovery Furnace, (117) Digester System, (157) Green Liquor Sulfidity,
(182) Lime Kiln, (207) Multiple Effect Evaporator System, (211) Neutral
Sulfite Semichemical (NSSC) Pulping Operation, (212) New Design Direct-
Fired Kraft Recovery Furnace, (213) New Design Direct-Fired Suspension-
Burning Kraft Recovery Furnace, (214) New Design Kraft Recovery
Furnace, (221) Objectionable Odor, (222) Odor, (223) Old Design Kraft
Recovery Furnace, (241) Plant Section, (286) Smelt Dissolving Tank,
(299) Straight Kraft Recovery Furnace, and (307) Tall Oil Plant. From
Rule 62-210.310, Air General Permits, EPA is proposing to remove the
following provisions: 62-210.310(4)(d)2.b, (4)(e)2.b, and (4)(f)2.c.
From Rule 62-296.320, General Pollutant Emission Limiting Standards,
EPA is proposing to remove provision 62-296.320(2). From Rule 62-
296.404, Kraft (Sulfate) Pulp Mills and Tall Oil Plants, EPA is
proposing to remove the following provisions: 62-296.404(1)(b),
(4)(a)3,

(4)(b)3, (4)(c)3, (4)(d), (4)(e), (5) and (6). From Rule 62-297.440,
Supplementary Test Procedures, EPA is proposing to remove provision 62-
297.440(2)(f). Finally, EPA is proposing to remove Rule 62-296.403,
Phosphate Processing, in its entirety. The remaining portions of these
rules will remain incorporated in the Florida SIP, as incorporated by
reference in accordance with the requirements of 1 CFR part 51. EPA has
made, and will continue to make, the SIP generally available at the EPA
Region 4 office (please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of this preamble for more
information).

IV. Proposed Action

    EPA is proposing to remove portions of Rules 62-210.200, F.A.C.--
Definitions, 62-210.310, F.A.C.--Air General Permits, 62-296.320,
F.A.C.--General Pollutant Emission Limiting Standards, 62-296.404,
F.A.C.--Kraft (Sulfate) Pulp Mills and Tall Oil Plants, and 62-297.440,
F.A.C.--Supplementary Test Procedures and all of Rule 62-296.403,
F.A.C.--Phosphate Processing from the Florida SIP because EPA's
incorporation of these rules and definitions into the SIP was in error
as they are not related to implementation, maintenance, or enforcement
of the NAAQS or otherwise required to be included in the SIP.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. This proposed action
merely proposes to correct errors in previous rulemakings approving SIP
submissions and does not impose additional requirements beyond those
imposed by state law. 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
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to 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, the proposed
rule 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 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements.

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

    Dated: September 15, 2022.
Daniel Blackman,
Regional Administrator, Region 4.
[FR Doc. 2022-20423 Filed 9-22-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 6 (Monday, January 10, 2022)]
[Rules and Regulations]
[Pages 1078-1080]
[FR Doc No: 2022-00126]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0917]
RIN 1625-AA00

Safety Zone; Lower Mississippi River, Mile Markers 636-655,
Modoc, AR

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
all navigable waters of the Lower Mississippi River (LMR), between Mile
Marker 636 and 655. The safety zone is needed to protect persons,
property, and the marine environment from the potential safety hazards
associated with rock placement operations in the vicinity of Modoc, AR.
Entry of persons or vessels into this zone is prohibited unless
authorized by the Captain of the Port Sector Lower Mississippi River or
a designated representative.

DATES: This rule is effective without actual notice from January 10,
2022 through April 1, 2022. For the purposes of enforcement, actual
notice will be used from January 5, 2022 until January 10, 2022.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0917 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email MSTC Lindsey Swindle, U.S. Coast Guard; telephone 901-
521-4813, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable. Immediate action
is needed to protect persons and property from the potential safety
hazards associated with rock placement operations. The NPRM process
would delay the establishment of the safety zone until after the date
of the event and compromise public safety. We must establish this
temporary safety zone immediately and lack sufficient time to provide a
reasonable comment period and then consider those comments before
issuing the rule.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be contrary to the public interest because immediate
action is needed to respond to the potential safety hazards associated
with rock placement operations in the vicinity of Modoc, AR starting
January 5, 2022.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Sector Lower
Mississippi River (COTP) has determined that potential hazards
associated with rock placement operations between Mile Marker (MM) 636
and 655, scheduled to start on January 5, 2022, will be a safety
concern for all persons and vessels on the LMR between MM 636 and MM
655 through April 1, 2022. This rule is needed to protect persons,
property, infrastructure, and the marine environment in all waters of
the LMR within the safety zone while rock placement operations are
being conducted.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from January 5, 2022
through April 1, 2022. The safety zone will cover all navigable waters
of the Lower Mississippi River (LMR) from MM 636 to MM 655. The
duration of this safety zone is intended to ensure the safety of
waterway users on these navigable waters during rock placement
operations.
    Entry of persons or vessels into this safety zone is prohibited
unless authorized by the COTP or a designated representative. A
designated representative is a commissioned, warrant, or petty officer
of the U.S. Coast Guard assigned to units under the operational control
of USCG Sector LMR. Persons or vessels seeking to enter the safety
zones must request permission from the COTP or a designated
representative on VHF-FM channel 16 or by telephone at<PHONE_NUMBER>. If
permission is granted, all persons and vessels shall comply with the
instructions of the COTP or designated representative. The COTP or a
designated representative will inform the public of the enforcement
times and date for this safety zone through Broadcast Notices to
Mariners (BNMs), Local Notices to Mariners (LNMs), and/or Marine Safety
Information Bulletins (MSIBs), as appropriate.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive Orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive Orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
    This regulatory action determination is based on the size,
location, and duration of the safety zone. This safety zone will
temporarily restrict navigation on the LMR from MM 636 through MM 655,
from January 5, 2022 through April 1, 2022. Moreover, the rule allows
vessels to seek permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
temporary safety zone may be small entities, for the reasons stated in
section V.A above, this rule will not have a significant economic
impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of
1969(42 U.S.C. 4321-4370f), and have determined that this action is one
of a category of actions that do not individually or cumulatively have
a significant effect on the human environment. It is categorically
excluded from further review under paragraph L60 of Appendix A, Table 1
of DHS Instruction Manual 023-01-001-01, Rev. 1.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS.

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1,
Revision No. 01.2.

0
2. Add Sec.  165.T08-0917 to read as follows:

Sec.  165.T08-0917  Safety Zone; Lower Mississippi River, Mile Markers
636-655, Modoc, AR.

    (a) Location. The following area is a safety zone: All navigable
waters of the Lower Mississippi River from Mile Marker (MM) 636 through
MM 655.
    (b) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the Captain of the
Port Sector Lower Mississippi River (COTP) or the COTP's designated
representative. A designated representative is a commissioned,

warrant, or petty officer of the U.S. Coast Guard assigned to units
under the operational control of USCG Sector Lower Mississippi River.
    (2) To seek permission to enter, contact the COTP or the COTP's
representative via VHF-FM channel 16 or by telephone at<PHONE_NUMBER>.
Those in the safety zone must comply with all lawful orders or
directions given to them by the COTP or the COTP's designated
representative.
    (c) Enforcement period. This section will be enforced from January
5, 2022 through April 1, 2022.
    (d) Information broadcasts. The COTP or a designated representative
will inform the public of the enforcement times and date for this
safety zone through Broadcast Notices to Mariners, Local Notices to
Mariners, and/or Safety Marine Information Broadcasts, as appropriate.

    Dated: January 3, 2022.
R.S. Rhodes,
Captain, U.S. Coast Guard, Captain of the Port Sector Lower Mississippi
River.
[FR Doc. 2022-00126 Filed 1-7-22; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 85, Number 121 (Tuesday, June 23, 2020)]
[Notices]
[Pages 37648-37649]
[FR Doc No: 2020-13475]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC20-74-000.
    Applicants: FPL Energy Oliver Wind I, LLC, Oliver Wind I, LLC,
Hawkeye Power Partners, LLC, Cerro Gordo Wind, LLC.
    Description: Application for Authorization Under Section 203 of the
Federal Power Act, et al. of FPL Energy Oliver Wind I, LLC, et al.
    Filed Date: 6/16/20.
    Accession Number: 20200616-5190.
    Comments Due: 5 p.m. ET 7/7/20.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER20-2000-000.
    Applicants: Clyde Onsite Generation, LLC.

    Description: Supplement to June 5, 2020 Clyde Onsite Generation,
LLC tariff filing (Clarification).
    Filed Date: 6/16/20.
    Accession Number: 20200616-5183.
    Comments Due: 5 p.m. ET 7/7/20.

    Docket Numbers: ER20-2071-000.
    Applicants: Consolidated Edison Company of New York, Inc.
    Description: Section 205(d) Rate Filing: Emergency Colling
Surcharge 6-16-2020 to be effective 6/16/2020.
    Filed Date: 6/16/20.
    Accession Number: 20200616-5166.
    Comments Due: 5 p.m. ET 7/7/20.

    Docket Numbers: ER20-2072-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Section 205(d) Rate Filing: 3671 City of Independence,
MO/Evergy Missouri West Int Agr to be effective 8/16/2020.
    Filed Date: 6/17/20.
    Accession Number: 20200617-5043.
    Comments Due: 5 p.m. ET 7/8/20.

    Docket Numbers: ER20-2073-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Section 205(d) Rate Filing: 2020-06-17_SA 3276 OTP--
MDU 1st Rev GIA (G359R) to be effective 6/3/2020.
    Filed Date: 6/17/20.
    Accession Number: 20200617-5044.
    Comments Due: 5 p.m. ET 7/8/20.

    Docket Numbers: ER20-2074-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Section 205(d) Rate Filing: 3674 Empire and Evergy
Missouri West Interconnection Agr to be effective 8/16/2020.
    Filed Date: 6/17/20.
    Accession Number: 20200617-5046.
    Comments Due: 5 p.m. ET 7/8/20.

    Docket Numbers: ER20-2075-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Section 205(d) Rate Filing: 2020-06-17_SA3503_ITC-
Orion Renewable Resources GIA (J833) to be effective 6/3/2020.
    Filed Date: 6/17/20.
    Accession Number: 20200617-5047.
    Comments Due: 5 p.m. ET 7/8/20.

    Docket Numbers: ER20-2076-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Section 205(d) Rate Filing: 2424R2 OG&E and Evergy KS
Central Interconnection Agreement to be effective 8/16/2020.
    Filed Date: 6/17/20.
    Accession Number: 20200617-5053.
    Comments Due: 5 p.m. ET 7/8/20.

    Docket Numbers: ER20-2077-000.
    Applicants: Duke Energy Carolinas, LLC.
    Description: Section 205(d) Rate Filing: Revisions to Rate Schedule
Nos. 329, 332, and 336 to be effective 6/1/2020.
    Filed Date: 6/17/20.
    Accession Number: 20200617-5133.
    Comments Due: 5 p.m. ET 7/8/20.

    Docket Numbers: ER20-2078-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Section 205(d) Rate Filing: 2482R2 Evergy Metro &
Evergy KS Central Interconnection Agr to be effective 8/16/2020.
    Filed Date: 6/17/20.
    Accession Number: 20200617-5066.
    Comments Due: 5 p.m. ET 7/8/20.

    Docket Numbers: ER20-2079-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Section 205(d) Rate Filing: 2020-06-17_SA 3506_ITC-
Hawkeye Power Partners GIA (Cerro Gordo) to be effective 6/3/2020.
    Filed Date: 6/17/20.
    Accession Number: 20200617-5069.
    Comments Due: 5 p.m. ET 7/8/20.

    Docket Numbers: ER20-2080-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Section 205(d) Rate Filing: 2797R1 Prairie Wind
Transmission/Evergy Kansas Central IntAg to be effective 8/16/2020.
    Filed Date: 6/17/20.
    Accession Number: 20200617-5075.
    Comments Due: 5 p.m. ET 7/8/20.

    Docket Numbers: ER20-2081-000.
    Applicants: AEP Texas Inc.
    Description: Section 205(d) Rate Filing: AEPTX-Shakes Solar 4th
Amend & Restated Interconnection Agreement to be effective 6/11/2020.
    Filed Date: 6/17/20.
    Accession Number: 20200617-5092.
    Comments Due: 5 p.m. ET 7/8/20.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: June 17, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-13475 Filed 6-22-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 169 (Tuesday, September 1, 2015)]
[Notices]
[Page 52839]
[FR Doc No: 2015-21579]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Aviation Rulemaking Advisory Committee; Meeting

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of Aviation Rulemaking Advisory Committee (ARAC)
meeting.

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SUMMARY: The FAA is issuing this notice to advise the public of a
meeting of the ARAC.

DATES: The meeting will be held on September 17, 2015, starting at 1
p.m. Eastern Standard Time. Arrange oral presentations by September 10,
2015.

ADDRESSES: The meeting will take place at the Federal Aviation
Administration, 800 Independence Avenue SW., Washington, DC 20591, 10th
floor, MacCracken Conference Room.

FOR FURTHER INFORMATION CONTACT: Renee Pocius, Federal Aviation
Administration, 800 Independence Avenue SW., Washington, DC 20591,
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Pursuant to Section 10(a)(2) of the Federal
Advisory Committee Act (5 U.S.C. App. 2), we are giving notice of a
meeting of the ARAC taking place on September 17, 2015, at the Federal
Aviation Administration, 800 Independence Avenue SW., Washington, DC
20591.
    The Agenda includes:

 Status Reports From Active Working Groups
    [cir] Airman Certification Systems Working Group (ARAC)
    [cir] Aircraft Systems Information Security/Protection Working
Group (ARAC)
    [cir] Air Traffic Controller Training Working Group (ARAC)
    [cir] Airworthiness Assurance Working Group (TAE)
    [cir] Engine Harmonization Working Group (TAE)--Engine Endurance
Testing Requirements--Revision of Section 33.87
    [cir] Flight Test Harmonization Working Group (TAE)--Phase 2
Tasking
    [cir] Materials Flammability Working Group (TAE)
    [cir] Transport Airplane Metallic and Composite Structures Working
Group (TAE)--Transport Airplane Damage-Tolerance and Fatigue Evaluation
    [cir] Transport Airplane Crashworthiness and Ditching Evaluation
Working Group (TAE)
 New Tasks
    [cir] Rotorcraft Occupant Protection Working Group (ARAC)
 Air Traffic Status Report from the FAA
    Attendance is open to the interested public but limited to the
space available. Please confirm your attendance with the person listed
in the FOR FURTHER INFORMATION CONTACT section no later than September
10, 2015. Please provide the following information: Full legal name,
country of citizenship, and name of your industry association, or
applicable affiliation. If you are attending as a public citizen,
please indicate so.
    For persons participating by telephone, please contact the person
listed in the FOR FURTHER INFORMATION CONTACT section by email or phone
for the teleconference call-in number and passcode. Callers outside the
Washington metropolitan area are responsible for paying long-distance
charges.
    The public must arrange by September 10, 2015 to present oral
statements at the meeting. The public may present written statements to
the Aviation Rulemaking Advisory Committee by providing 25 copies to
the Designated Federal Officer, or by bringing the copies to the
meeting.
    If you are in need of assistance or require a reasonable
accommodation for this meeting, please contact the person listed under
the heading FOR FURTHER INFORMATION CONTACT. Sign and oral
interpretation, as well as a listening device, can be made available if
requested 10 calendar days before the meeting.

    Issued in Washington, DC, on August 26, 2015.
Lirio Liu,
Designated Federal Officer, Aviation Rulemaking Advisory Committee.
[FR Doc. 2015-21579 Filed 8-31-15; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 102 (Tuesday, May 28, 2019)]
[Rules and Regulations]
[Pages 24395-24398]
[FR Doc No: 2019-10970]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52 and 81

[EPA-R05-OAR-2018-0842; FRL-9994-11-Region 5]

Air Plan Approval; Illinois; Redesignation of the Illinois
Portion of the St. Louis, MO-IL Area to Attainment of the 1997 Annual
Standard for Fine Particulate Matter

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is redesignating the
Illinois portion of the St. Louis, MO-IL, nonattainment area
(hereafter, ``the St. Louis area'') to attainment for the 1997 fine
particulate matter (PM2.5) annual national ambient air
quality standard (NAAQS or standard). The Illinois portion of the St.
Louis area includes Madison, Monroe, and St. Clair counties, and
Baldwin Township in Randolph county. EPA is taking this action because
it has determined that the St. Louis area is attaining the annual 1997
PM2.5 standard based on the most recent three years of
certified air quality data. EPA is also approving a revision to the
Illinois state implementation plan (SIP) for maintaining the 1997
annual PM2.5 NAAQS through 2030. Illinois' maintenance plan
submission includes an updated emissions inventory, which includes
emissions inventories for PM2.5, nitrogen oxides
(NOX), sulfur dioxide (SO2) volatile organic
compounds (VOCs) and ammonia. The maintenance plan submission also
includes motor vehicle emission budgets (MVEBs) for the mobile source
contribution of PM2.5 and NOX to the St. Louis
PM2.5 area for transportation conformity purposes. EPA is
approving and updating both the emissions inventory and MVEBs. EPA is
taking these actions in accordance with the Clean Air Act (CAA) and
EPA's implementation rule regarding the 1997 PM2.5 NAAQS.

DATES: This final rule is effective on May 28, 2019.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2018-0842. All documents in the docket are listed on
the www.regulations.gov website. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
through www.regulations.gov or at the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77 West Jackson Boulevard,
Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding Federal holidays. We recommend
that you telephone Michelle Becker, Life Scientist, at<PHONE_NUMBER>
before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Michelle Becker, Life Scientist,
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:

I. Background
II. What action is EPA taking?
III. Statutory and Executive Order Reviews

I. Background

    On December 6, 2018, Illinois submitted a request to EPA to
redesignate the St. Louis area to attainment for the 1997
PM2.5 annual standard, and to approve the maintenance plan,
MVEBs, and 2008 emissions inventory for the area. In an action
published on March 21, 2019 (84 FR 10461), EPA proposed to redesignate
the area and approve several actions related to the redesignation.
Additional background and details regarding this final action can be
found in the March 21, 2019, proposed rule. The comment period for this
proposed rulemaking closed on April 22, 2019. No comments were received
for this proposed rule.

II. What action is EPA taking?

    EPA is approving a change to the official designation of the St.
Louis area for the 1997 annual PM2.5 NAAQS, found at 40 CFR
part 81, from nonattainment to attainment. EPA is approving a
determination that the St. Louis area has attained the 1997 annual
PM2.5 standard, based on the most recent three years of
certified air quality data. This action also approves the maintenance
plan for the 1997 annual PM2.5 NAAQS as revision to the
Illinois SIP for the St. Louis area. EPA is also approving an emissions
inventory which includes primary PM2.5, NOX,
SO2, VOCs, and ammonia from 2008 and MVEBs for the St. Louis
area. These MVEBs will be used in future transportation conformity
analyses for the area.
    In The Fine Particulate Matter National Ambient Air Quality
Standards: State Implementation Plan Requirements final rule (final
PM2.5 SIP requirements rule), EPA revoked the 1997 primary
annual PM2.5 NAAQS in areas that had always been attainment

for that NAAQS, and in areas that had been designated as nonattainment
but that were redesignated to attainment before October 24, 2016, the
rule's effective date. See 81 FR 58010, August 24, 2016. EPA also
finalized a provision that revokes the 1997 primary annual
PM2.5 NAAQS in areas that are redesignated to attainment for
that NAAQS after October 24, 2016, effective on the effective date of
the redesignation of the area to attainment for that NAAQS. See 40 CFR
50.13(d).
    EPA is redesignating the Illinois portion of the St. Louis area to
attainment for the 1997 annual PM2.5 NAAQS and approving the
CAA section 175A maintenance plan for the 1997 primary annual
PM2.5 NAAQS for the reasons described in the March 21, 2019,
proposed action.\1\ The 1997 primary annual PM2.5 NAAQS will
be revoked in the area on the effective date of this redesignation.
Beginning on that date, the area will no longer be subject to
transportation or general conformity requirements for the 1997 annual
PM2.5 NAAQS due to the revocation of the primary NAAQS. See
81 FR 58125, August 24, 2016. The area will be required to implement
the CAA section 175A maintenance plan for the 1997 primary annual
PM2.5 NAAQS and the Prevention of Significant Deterioration
(PSD) program for the 1997 annual PM2.5 NAAQS. Once
approved, the maintenance plan could only be revised if the revision
meets the requirements of CAA section 110(l) and, if applicable, CAA
section 193. The area would not be required to submit a second 10-year
maintenance plan for the 1997 primary annual PM2.5 NAAQS.
See 81 FR 58144, August 24, 2016.
---------------------------------------------------------------------------

    \1\ CAA section 175A(a) establishes the requirements that must
be fulfilled by nonattainment areas in order to be redesignated to
attainment. That section only requires that nonattainment areas for
the primary standard submit a plan addressing maintenance of the
primary NAAQS in order to be redesignated to attainment; it does not
require nonattainment areas for secondary NAAQS to submit
maintenance plans in order to be redesignated to attainment. See 42
U.S.C. 7505a(a).
---------------------------------------------------------------------------

    In accordance with 5 U.S.C. 553(d), EPA finds there is good cause
for these actions to become effective immediately upon publication.
This is because a delayed effective date is unnecessary due to the
nature of a redesignation to attainment, which relieves the area from
certain CAA requirements that would otherwise apply to it. The
immediate effective date for this action is authorized under both 5
U.S.C. 553(d)(1), which provides that rulemaking actions may become
effective less than 30 days after publication if the rule ``grants or
recognizes an exemption or relieves a restriction,'' and section
553(d)(3), which allows an effective date less than 30 days after
publication ``as otherwise provided by the agency for good cause found
and published with the rule.'' The purpose of the 30-day waiting period
prescribed in section 553(d) is to give affected parties a reasonable
time to adjust their behavior and prepare before the final rule takes
effect. This rulemaking, however, does not create any new regulatory
requirements such that affected parties would need time to prepare
before the rule takes effect. Rather, today's rule relieves the state
of planning requirements for this PM2.5 nonattainment area.
For these reasons, EPA finds good cause under 5 U.S.C. 553(d)(3) for
these actions to become effective on the date of publication of these
actions.

III. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the
accompanying approval of a maintenance plan under section 107(d)(3)(E)
are actions that affect the status of a geographical area and do not
impose any additional regulatory requirements on sources beyond those
imposed by state law. A redesignation to attainment does not in and of
itself create any new requirements, but rather results in the
applicability of requirements contained in the CAA for areas that have
been redesignated to attainment. Moreover, the Administrator is
required to approve a SIP submission that complies with the provisions
of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40
CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to
approve state choices, provided that they meet the criteria of the CAA.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     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 CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to 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, the rule does not have tribal implications and 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. 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by July 29, 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

40 CFR Part 52

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

40 CFR Part 81

    Environmental protection, Air pollution control, National parks,
Wilderness areas.

    Dated: May 14, 2019.
Cathy Stepp,
Regional Administrator, Region 5.

    Title 40 CFR parts 52 and 81 are 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.

0
2. In Sec.  52.720, the table in paragraph (e) is amended by:
0
a. Adding an entry under ``Attainment and Maintenance Plans'' for
``PM2.5 (1997)-maintenance plan and motor vehicle emissions
budgets'' before the entry ``Sulfur dioxide (2010) nonattainment
plans''.
0
b. Adding an entry under ``Emissions inventories'' for ``Emissions
inventories--2008 (NOX, primary PM2.5,
SO2, ammonia, and VOC)'' before the entry ``Emission
inventory--2011 (2008 8-hour ozone).''
    The additions read as follows:

Sec.  52.720   Identification of plan.

* * * * *
    (e) * * *

                       EPA-Approved Illinois Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                        Applicable          State
      Name of SIP provision            geographic or      submittal     EPA approval date         Comments
                                    nonattainment area       date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                        Attainment and Maintenance Plans
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
PM2.5 (1997)--maintenance plan     St. Louis area......    12/6/2018  5/28/2019, [Insert
 and motor vehicle emissions                                           Federal Register
 budgets.                                                              citation].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                              Emissions Inventories
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Emissions inventories--2008 (NOX,  St. Louis area......    12/6/2018  5/28/2019, [Insert
 primary PM2.5, SO2, ammonia, and                                      Federal Register
 VOC).                                                                 citation].

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

* * * * *

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
3. The authority citation for part 81 continues to read as follows:

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

0
4. Section 81.314 is amended by revising the entries for St. Louis, MO-
IL in the table entitled ``Illinois--1997 Annual PM2.5
NAAQS'' to read as follows:

Sec.  81.314   Illinois.

* * * * *

                                        Illinois--1997 Annual PM2.5 NAAQS
                                             [Primary and secondary]
----------------------------------------------------------------------------------------------------------------
                                                    Designation \a\                       Classification
           Designated area           ---------------------------------------------------------------------------
                                         Date \1\                Type                Date \2\          Type
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
St. Louis, MO-IL:
    Madison County..................       5/28/2019  Attainment................  ..............  ..............
    Monroe County...................       5/28/2019  Attainment................  ..............  ..............
    Randolph County (part): Baldwin        5/28/2019  Attainment................  ..............  ..............
     Village.
    St. Clair County................       5/28/2019  Attainment................  ..............  ..............

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.
\2\ This date is July 2, 2014, unless otherwise noted.

* * * * *
[FR Doc. 2019-10970 Filed 5-24-19; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 163 (Tuesday, August 23, 2016)]
[Notices]
[Pages 57642-57644]
[FR Doc No: 2016-20061]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78600; File No. SR-NYSE-2016-54]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Extending the Pilot Period for the Exchange's Retail Liquidity Program

August 17, 2016.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that on August 8, 2016, New York Stock Exchange LLC (``NYSE'' or
the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I
and II, below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to extend the pilot period for the Exchange's
Retail Liquidity Program (the ``Retail Liquidity Program'' or the
``Program''), which is currently scheduled to expire on August 31,
2016, until December 31, 2016. The proposed rule change is available on
the Exchange's Web site at www.nyse.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization
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 those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The purpose of this filing is to extend the pilot period of the
Retail Liquidity Program, currently scheduled to expire on August 31,
2016,\4\ until December 31, 2016.
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    \4\ See Securities Exchange Act Release Nos. 77426 (March 23,
2016), 81 FR 17533 (March 29, 2016) (SR-NYSE-2016-25).
---------------------------------------------------------------------------

Background
    In July 2012, the Commission approved the Retail Liquidity Program
on a pilot basis.\5\ The Program is designed to attract retail order
flow to the Exchange, and allows such order flow to receive potential
price improvement. The Program is currently limited to trades occurring
at prices equal to or greater than $1.00 per share. Under the Program,
Retail Liquidity Providers (``RLPs'') are able to provide potential
price improvement in the form of a non-displayed order that is priced
better than the Exchange's best protected bid or offer (``PBBO''),
called a Retail Price Improvement Order (``RPI''). When there is an RPI
in a particular security, the Exchange disseminates an indicator, known
as the Retail Liquidity Identifier, indicating that such interest
exists. Retail Member Organizations (``RMOs'') can submit a Retail
Order to the Exchange, which would interact, to the extent possible,
with available contra-side RPIs.
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    \5\ See Securities Exchange Act Release No. 67347 (July 3,
2012), 77 FR 40673 (July 10, 2012) (``RLP Approval Order'') (SR-
NYSE-2011-55).
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    The Retail Liquidity Program was approved by the Commission on a
pilot basis. Pursuant to NYSE Rule 107C(m), the pilot period for the
Program is scheduled to end on August 31, 2016.
Proposal To Extend the Operation of the Program
    The Exchange established the Retail Liquidity Program in an attempt
to attract retail order flow to the Exchange by potentially providing
price improvement to such order flow. The Exchange believes that the
Program promotes competition for retail order flow by allowing Exchange
members to submit RPIs to interact with Retail Orders. Such competition
has the ability to promote efficiency by facilitating the price
discovery process and generating additional investor interest in
trading securities, thereby promoting capital formation. The Exchange
believes that extending the pilot is appropriate because it will allow
the Exchange and the Commission additional time to analyze data
regarding the Program that the Exchange has committed to provide.\6\ As
such, the Exchange believes that it is appropriate to extend the
current operation of the Program.\7\ Through this filing, the Exchange
seeks to amend NYSE Rule 107C(m) and extend the current pilot period of
the Program until December 31, 2016.
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    \6\ See id. at 40681.
    \7\ Concurrently with this filing, the Exchange has submitted a
request for an extension of the exemption under Regulation NMS Rule
612 previously granted by the Commission that permits it to accept
and rank the undisplayed RPIs. See Letter from Martha Redding, Asst.
Corporate Secretary, NYSE Group, Inc. to Brent J. Fields, Secretary,
Securities and Exchange Commission, dated August 8, 2016.
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2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the
Act,\8\ in general, and furthers the objectives of Section 6(b)(5),\9\
in particular, in that it is designed to promote just and equitable
principles of trade, to remove impediments to and perfect the mechanism
of a free and open market and a national market system, and, in
general, to protect investors and the public interest. The Exchange
believes that extending the pilot period for the Retail Liquidity
Program is consistent with these principles because the Program is
reasonably designed to attract retail order flow to the exchange
environment, while helping to ensure that retail investors benefit from
the better price that liquidity providers are willing to give their
orders. Additionally, as previously stated, the competition promoted by
the Program may facilitate the price discovery process and potentially
generate additional investor interest in trading securities. The
extension of the pilot period will allow the Commission and the
Exchange to continue to monitor the Program for its potential effects
on public price discovery, and on the broader market structure.
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    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed rule change
simply extends an established pilot program for an additional six
months, thus allowing the Retail Liquidity Program to enhance
competition for retail order flow and contribute to the public price
discovery process.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A) of the Act \10\ and Rule 19b-4(f)(6) thereunder.\11\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act \12\ and Rule 19b-
4(f)(6) thereunder.\13\
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    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6).
    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change, along with a
brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has satisfied this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) \14\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b4(f)(6)(iii),\15\ the Commission

may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposed
rule change may become operative before the expiration of the current
pilot period. The Commission believes that waiving the 30-day operative
delay is consistent with the protection of investors and the public
interest, because waiver would allow the pilot period to continue
uninterrupted after its current expiration date of August 31, 2016,
thereby avoiding any potential investor confusion that could result
from temporary interruption in the pilot program. For this reason, the
Commission hereby waives the 30-day operative delay and designates the
proposal operative upon filing.\16\
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    \14\ 17 CFR 240.19b-4(f)(6).
    \15\ 17 CFR 240.19b-4(f)(6)(iii).
    \16\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule change should be approved or
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 (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2016-54 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2016-54. 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 the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSE-2016-54 and should be
submitted on or before September 13, 2016.

    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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Brent J. Fields,
Secretary.
[FR Doc. 2016-20061 Filed 8-22-16; 8:45 am]
 BILLING CODE 8011-01-P