[Federal Register Volume 87, Number 92 (Thursday, May 12, 2022)]
[Rules and Regulations]
[Pages 29045-29046]
[FR Doc No: 2022-09748]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 50 and 51

[EPA-HQ-OAR-2022-0313; FRL-9812-01-OAR]

Identifying Additional Areas Subject to Mitigation Plan
Requirements Under the 2016 Exceptional Events Rule: Notice of
Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notification of availability.

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SUMMARY: Notification is hereby given that the Environmental Protection
Agency (EPA) has finalized a list of additional areas subject to the
mitigation plan requirements found in the 2016 Exceptional Events Rule.
This list is included within this document and is available on the
Agency's website and in the electronic docket for this action. The EPA
is separately notifying states with areas newly subject to these
requirements. These notification letters are also available on the
Agency's website and in the electronic docket for this action.

DATES: May 12, 2022.

FOR FURTHER INFORMATION CONTACT: For general questions concerning this
notice, please contact, Gobeail McKinley, U.S. EPA, Office of Air
Quality Planning and Standards, Air Quality Policy Division, C539-04,
Research Triangle Park, NC 27711, telephone<PHONE_NUMBER>, email at
[email protected].

SUPPLEMENTARY INFORMATION:

1. General Information

Where can I get information related to this action?

    Docket: The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OAR-2022-0313. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information may not be publicly available, e.g.,
Confidential Business Information 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. Publicly available docket materials are available
electronically through https://www.regulations.gov.
    Agency website: A list of the additional areas subject to
mitigation plans is found on the website that contains information
related to exceptional events at: https://www.epa.gov/air-quality-analysis/treatment-air-quality-data-influenced-exceptional-events-homepage-exceptional.

II. What is the purpose of this action?

    In keeping with the EPA's mission to protect public health and
consistent with the principles included at the Clean Air Act section
319(b)(3)(A), the 2016 Exceptional Events Rule (Rule) promulgated new
regulations requiring states to develop mitigation plans for areas with
historically documented or known seasonal exceptional events. Using air
quality monitoring data contained within the Air Quality System (AQS)
for the period January 1, 2013, through December 31, 2015, the EPA
initially identified 29 areas required to submit mitigation plans
within 2 years of the effective date of the Rule.\1\
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    \1\ 81 FR 68272, Table 6--Areas Subject to the Mitigation
Requirements in 40 CFR 51.930(b), October 3, 2016.
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    Further, the 2016 Exceptional Events Rule states that as areas
become subject to the mitigation plan requirements, the Administrator
will notify the states in writing. However, the Rule did not establish
a specific process for providing notice to states with areas newly
identified as being subject to mitigation plan requirements. This
action establishes a process for providing that notice and fulfills our
obligation to identify additional areas with recurring events of the
same type and pollutant. Table 1 contains a list of the newly
identified areas subject to mitigation requirements. Generally, areas
subject to the mitigation requirements have experienced three events or
three seasons of events of the same type and pollutant in a 3-year
period. For purposes of this analysis and notification, the EPA
evaluated rolling 3-year periods for January 1, 2016, through December
31, 2020. A detailed description of the process the EPA followed to
identify these areas and a summary of required components of a
mitigation plan are included in a background document placed in the
docket for this rulemaking titled, ``Additional Areas Subject to
Mitigation Plan Requirements in 40 CFR 51.930(b).''
    Within 2 years of being notified that they are subject to the
mitigation plan provisions within the 2016 Exceptional Events Rule, air
agencies responsible for ensuring air quality for the areas identified
in Table 1 shall submit mitigation plans to the applicable EPA Regional
Administrator. Consistent with the 2016 Exceptional Events Rule, after
this 2-year timeframe, if an air agency has not submitted the required
mitigation plan, the EPA will not concur with an air agency's request
to exclude data that have been influenced by an event of the type that
is the subject of a required mitigation plan. An air agency may submit
a mitigation plan in advance of, or as part of, an exceptional events
demonstration submission of the same event type and pollutant as the
focus of the mitigation plan.
    The discussion of the mitigation plan components is included in the
preamble to the 2016 Exceptional Events Rule \2\ and 40 CFR
51.930(b)(2) identifies the required components for each mitigation
plan. A discussion of mitigation plan components is also included in
the background document placed in the docket for this rulemaking.
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    \2\ 81 FR 68273, October 3, 2016.

            Table 1--Additional Areas Subject to the Mitigation Requirements in 40 CFR 51.930(b) \a\
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                                                                                County/
          Pollutant                 AQS flag \b\           AQS flag              State           nonattainment
                                                         description                             area boundary
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Ozone........................  RT...................  Wildfire-U.S.....  NV..................  Washoe.
Ozone........................  RT...................  Wildfire-U.S.....  CA..................  Tehama (Tuscan
                                                                                Buttes).
Ozone........................  RT...................  Wildfire-U.S.....  CA..................  Ventura.

PM10.........................  RJ...................  High Winds.......  CA..................  Ventura.
PM10.........................  RJ...................  High Winds.......  WY..................  Campbell.
PM10.........................  RJ...................  High Winds.......  WY..................  Sweetwater.
PM10.........................  RJ...................  High Winds.......  NM..................  Bernalillo.
PM10.........................  RT...................  Wildfire-U.S.....  CA..................  Santa Barbara.
PM10.........................  RT...................  Wildfire-U.S.....  CA..................  San Joaquin
                                                                                Valley.
PM2.5........................  RT...................  Wildfire-U.S.....  CA..................  Butte.
PM2.5........................  RT...................  Wildfire-U.S.....  CA..................  San Joaquin
                                                                                Valley.
PM2.5........................  RT...................  Wildfire-U.S.....  CA..................  South Coast.
PM2.5........................  RH...................  Fireworks........  CA..................  San Joaquin
                                                                                Valley.
PM2.5........................  RH...................  Fireworks........  CA..................  South Coast.
PM2.5........................  RJ...................  High Winds.......  CA..................  San Joaquin
                                                                                Valley.
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\a\ The EPA identified these counties using data submitted through the Exceptional Events Submission and
  Tracking System, EPA's AQS, and other sources for the January 1, 2016-December 31, 2020, timeframe. The EPA
  used these data to identify areas with three events or event seasons within a 3-year period.
\b\ The complete list of AQS qualifier codes and descriptions is available at https://www.epa.gov/aqs/aqs-code-list list.

Panagiotis Tsirigotis,
Director, Office of Air Quality Planning and Standards.
[FR Doc. 2022-09748 Filed 5-11-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 81 (Friday, April 28, 2017)]
[Notices]
[Pages 19778-19779]
[FR Doc No: 2017-08576]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80515; File No. SR-NYSEArca-2017-45)

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Reflect a Change
in the Index Methodology Applicable to the Virtus Enhanced U.S. Equity
ETF Under NYSE Arca Equities Rule 5.2(j)(3)

April 24, 2017.
    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 April 20, 2017, NYSE Arca, Inc. (the ``Exchange'' or
``NYSE Arca'') 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 Exchange. 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 the
Substance of the Proposed Rule Change

    The Exchange proposes to reflect a change in the index methodology
applicable to the Virtus Enhanced U.S. Equity ETF (``Fund''). The
Commission, pursuant to Section 19(b)(2) of the Act, has previously
approved listing and trading of shares of the Fund on the Exchange
under NYSE Arca Equities Rule 5.2(j)(3). 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
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Commission has approved the listing and trading on the Exchange
of shares (``Shares'') of the Fund,\4\ under NYSE Arca Equities Rule
5.2(j)(3), which governs the listing and trading of Investment Company
Units. The Exchange proposes to reflect a change in the index
methodology applicable to the Fund from the index description in the
Prior Notice, as described below. Shares of the Fund have not commenced
trading on the Exchange as of the date of filing of this proposed rule
change.
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    \4\ See Securities Exchange Act Release No. 79402 (November 25,
2016), 81 FR 86760 (December 1, 2016) (SR-NYSEArca-2016-131)
(``Prior Order''). See also Securities Exchange Act Release No.
79101 (October 14, 2016) (SR-NYSEArca-2016-131) (notice of filing of
proposed rule change relating to listing on the Exchange of Shares
of the Fund) (``Prior Notice'' and, together with the Prior Order,
the ``Prior Releases'').
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Index Methodology
    As stated in the Prior Notice, the Fund's investment objective will
be to seek investment results that, before fees and expenses, closely
correspond to the price and yield performance of the Rampart Enhanced
U.S. Equity Index (the ``Index''). The Prior Notice stated that the
Index is comprised of an equity portfolio enhanced by an ``Options
Strategy Overlay''. The equity portfolio is comprised of the largest
400 U.S. exchange-listed stocks as measured by market capitalization.
The portfolio is market capitalization-weighted and is reconstituted
and rebalanced on a quarterly basis. The Options Strategy Overlay uses
an objective, rules-based methodology to transact in options linked to
the S&P 500 Index (SPX). SPX options are traded on the Chicago Board
Options Exchange. Each week, out of the money SPX put options and out
of the money SPX call options are sold. The proceeds are used to buy an
SPX call option. The strike prices of the options are systematically
selected according to the prevailing volatility environment. In
general, in higher volatility environments the short options will be
struck farther out of the money.
    The Exchange proposes to delete the representation in the eighth
sentence of the preceding paragraph that proceeds are used to buy an
SPX call option. Instead, proceeds from weekly sales of out-of-the-
money SPX put and call options by the Fund (to the extent there are
profits from such sales), as it attempts to meet its investment
objective, will be collected by the Fund, and distributed periodically
to shareholders, instead of such proceeds being used to purchase
additional SPX call options. Between such distributions, there would be
no additional exposure to SPX options via reinvestment in such options.
Virtus ETF Advisers LLC (the ``Adviser'') represents that the proposed
change to the Index methodology would provide a simplified strategy
that emphasizes enhanced income to investors rather than enhanced total
return.
    There will be no change to the Fund's investment objective. Except
for the change noted above, all other representations made in the Prior
Releases remain unchanged.
2. Statutory Basis
    The basis under the Act for this proposed rule change is the
requirement under Section 6(b)(5) \5\ that an exchange have rules that
are designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to remove
impediments to, and perfect the mechanism of a free and open market
and, in general, to protect investors and the public interest.
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    \5\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that the proposed rule change is designed to
prevent fraudulent and manipulative acts and practices, and is designed
to promote just and equitable principles of trade and to protect
investors and the public interest. Proceeds from weekly sales of out-
of-the-money SPX put and call options by the Fund, as it attempts

to meet its investment objective, will be distributed periodically to
shareholders instead of such proceeds being used to purchase additional
SPX call options.
    The proposed rule change is designed to perfect the mechanism of a
free and open market, and, in general, to promote just and equitable
principles of trade and to protect investors and the public interest.
The Adviser represents that, by not using proceeds of sales to add to
exposure to SPX options in the Index, the proposed change to the Index
methodology would provide a simplified strategy that emphasizes
enhanced income to investors rather than enhanced total return. Except
for the change noted above, all other representations in the Prior
Releases remain unchanged.

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 Exchange believes the
proposed rule change will enhance competition among issues of exchange-
traded funds that invest in both U.S. exchange listed stocks and U.S.
exchange-traded options to the benefit of investors and the
marketplace.

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

    Because the foregoing 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 for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \6\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\7\
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    \6\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \7\ 17 CFR 240.19b-4(f)(6).
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    A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative before 30 days from the date of the filing.
However, pursuant to Rule 19b-4(f)(6)(iii),\8\ 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. The Commission
believes that waiving the 30-day operative delay is consistent with the
protection of investors and the public interest. The proposed rule
change does not raise any regulatory issues. Additionally, waiver of
the operative delay will allow the Adviser to pursue the Fund's
investment objective in a consistent manner should the Exchange wish to
commence trading in the Shares without delay. For these reasons, the
Commission hereby waives the 30-day operative delay and designates the
proposed rule change to be operative upon filing with the
Commission.\9\
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    \8\ 17 CFR 240.19b-4(f)(6)(iii).
    \9\ For purposes only of waiving the operative delay for this
proposal, 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: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) 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 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-NYSEArca-2017-45 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-NYSEArca-2017-45. 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 such filing also will be available
for inspection and copying at the principal offices 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-NYSEArca-2017-
45, and should be submitted on or before May 19, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-08576 Filed 4-27-17; 8:45 am]
BILLING CODE 8011-01-P