[Federal Register Volume 86, Number 176 (Wednesday, September 15, 2021)]
[Notices]
[Pages 51408-51410]
[FR Doc No: 2021-19858]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-92913; File No. SR-CBOE-2021-052]

Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
Rule 5.32 in Connection With Participation Entitlements

September 9, 2021.
    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 September 2, 2021, Cboe Exchange, Inc. (the ``Exchange''
or ``Cboe Options'') 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
Exchange filed the proposal as a ``non-controversial'' proposed rule
change pursuant to Section 19(b)(3)(A)(iii) of the Act \4\ and Rule
19b-4(f)(6) thereunder.\5\ 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.
    \4\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \5\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Cboe Exchange, Inc. (the ``Exchange'' or ``Cboe Options'') proposes
to amend Rule 5.32 in connection with participation entitlements. The
text of the proposed rule change is provided in Exhibit 5.
    The text of the proposed rule change is also available on the
Exchange's website (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the
Secretary, 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 Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The

Exchange has prepared summaries, set forth in sections A, B, and C
below, of the most significant aspects of such statements.

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

1. Purpose
    The Exchange proposes to amend Rule 5.32(a)(2)(B), in connection
with participation entitlements, to clarify the manner in which the
System treats non-Priority Customers with orders and quotes at the same
price and to correct certain inadvertent rule text regarding the manner
in which the System applies the PMM participation entitlement
percentages. In particular, Rule 5.32(a)(2)(B) governs participation
entitlements for Designated Market-Makers (``DPMs''), Lead Market-
Makers (``LMMs'') and Preferred Market-Makers (``PMMs'') and currently
provides that the Exchange may apply one or more of the DPM, LMM, and
PMM participation entitlements (in any sequence) to a class. If the
DPM, LMM, or PMM, as applicable, has a quote at the highest bid or
lowest offer, it will receive the greater of (i) the number of
contracts it would receive pursuant to the applicable base allocation
algorithm and (ii) 50% of the contracts if there is one other non-
Priority Customer order or quote, 40% of the contracts if there are two
non-Priority Customer orders or quotes, or 30% of the contracts if
there are three or more non-Priority Customer orders or quotes on the
Book at that price.
    First, the proposed rule change updates Rule 5.32(a)(2)(B) to
clarify the manner in which the System treats non-Priority Customer
orders and quotes. For the purposes of the participation entitlement,
the System currently counts the number of firms at each price level,
aggregating orders or quotes per firm, rather than counting the number
of each separate order or quote. Therefore, to reflect current System
functionality, the proposed rule change removes references to
individual non-Priority Customer orders and quotes in Rule
5.32(a)(2)(B) and updates the language to provide that, if the DPM or
LMM,\6\ as applicable, has a quote at the highest bid or lowest offer,
it will receive the greater of (i) the number of contracts it would
receive pursuant to the applicable base allocation algorithm and (ii)
50% of the contracts if there is one other non-Priority Customer, 40%
of the contracts if there are two non-Priority Customers, or 30% of the
contracts if there are three or more non-Priority Customers with orders
or quotes on the Book at that price.
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    \6\ The proposed rule change removes ``PMM'' from this provision
and adopts language in connection with participation entitlement
percentages application to PMMs, as described in further detail in
this proposal.
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    Second, the proposed rule change updates Rule 5.32(a)(2)(B) to be
consistent with the manner in which the System currently applies the
participation entitlement percentages for PMMs. The System currently
applies a 50%/40% participation entitlement percentage structure to
PMMs, as opposed to the 50%/40%/30% participation entitlement
percentage structure that, pursuant to Rule 5.32(a)(2)(B), applies to
all three Market-Maker types. Therefore, to reflect current System
functionality, the proposed rule change adopts language in Rule
5.32(a)(2)(B) to provide that, if the PMM, as applicable, has a quote
at the highest bid or lower offer, it will receive the greater of (i)
the number of the contracts it would receive pursuant to the applicable
base allocation algorithm and (ii) 50% of the contracts if there is one
other non-Priority Customer, or 40% of the contracts if there are two
or more non-Priority Customers with orders or quotes on the Book at
that price. The current participation entitlement percentage structure
for DPMs and LMMs (i.e., 50%/40%/30%) will remain the same and the
Exchange may continue to apply one or more of the participation
entitlements for DPMs and LMMs, and for PMMs, as proposed, (in any
sequence) to a class. The Exchange notes that it previously
restructured its Rules related to order entry and allocation, including
the participation entitlement provisions, in connection with a 2019
technology migration. Prior to this restructuring, separate provisions
governed the participation entitlement percentages for PMMs, DPMs, and
LMMs. The provision that governed the PMM participation entitlements
provided for the same 40%/50% participation entitlement structure as
proposed herein \7\ and the provisions that governed the DPM and LMM
participation entitlements provided for the same participation
entitlement percentage structure for DPMs and LMMs as Rule
5.32(a)(2)(B) currently provides for today. Upon the migration-related
restructuring of its Rules, the Exchange intended to continue to apply
the 50%/40% participation entitlement percentage structure to PMMs and
the 50%/40%/30% participation entitlement percentage structure to DPMs
and LMMs. Indeed, following the restructuring, the System today
continues to apply the 50%/40% participation entitlement percentage
structure to PMMs and the 50%/40%/30% participation entitlement
percentage structure to DPMs and LMMs. However, in the migration-
related filing that restructured the rules governing participation
entitlements by combining such rules, the Exchange inadvertently
applied the 50%/40%/30% participation entitlement percentage structure
to all three Market-Maker types. Therefore, the proposed rule change
updates the Rule to correct this inadvertent rule change and make
explicit that the 50%/40% participation entitlement percentage
structure continues to apply to PMMs, consistent with the pre-migration
provision that was previously filed with the Commission.
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    \7\ Specifically, prior Rule 8.13(c) provided that the PMM
participation entitlement is the greater of one contract or 40% when
there are two or more other Market-Maker quotes or broker-dealer
orders at the BBO, and 50% when there is one other Market-Maker
quote or broker-dealer order at the BBO. The Exchange notes that the
current application of the base algorithm, as opposed to one
contract, was the only substantive change intended to be made to
this provision. DPMs, LMMs, and PMMs were intended to continue to be
subject to the obligations that were set forth in the applicable
Rules in place prior to the 2019 technology migration. See
Securities Exchange Act Release No. 86374 (July 15, 2019), 84 FR
34963 (July 19, 2019) (SR-CBOE-2019-033) at footnote 68.
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    The Exchange notes the proposed rule changes reflect how the System
currently treats non-Priority Customer with orders or quotes at the
same price for the purposes of the participation entitlement and
reflect the participation entitlement percentages that the System
continues to apply to PMMs today. The proposed rule changes are merely
a clarification and a correction to inadvertently changed rule text
that do not alter any current functionality nor the current
participation entitlement percentage structures, but instead add
clarity to the Rule by more accurately reflecting the current
participation entitlement process.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\8\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \9\ requirements that the rules of an exchange be
designed to prevent fraudulent and manipulative acts and

practices, to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, 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.
Additionally, the Exchange believes the proposed rule change is
consistent with the Section 6(b)(5) \10\ requirement that the rules of
an exchange not be designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
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    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
    \10\ Id.
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    In particular, the Exchange believes that the proposed rule changes
regarding the manner in which the System treats non-Priority Customer
with orders and quotes at the same price for the purposes of the
participation entitlement and applies the PMM participation entitlement
percentages removes impediments to and perfects the mechanism of a free
and open market and national market system by amending Rule
5.32(a)(2)(B) to be consistent with current functionality. The proposed
changes are merely a clarification and a correction to inadvertently
changed rule text in the Rule intended to more accurately reflect how
the System currently works, thereby increasing transparency in the Rule
and ultimately benefitting investors. The proposed clarification and
correction do not alter any current functionality nor the current
participation entitlement percentage structures, which are consistent
with pre-migration provisions as previously filed with the Commission,
but instead provide clarity to the Rule by more accurately describing
the current participation entitlement process.

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 changes to
Rule 5.32(a)(2)(B) are not competitive in nature but are merely a
clarification and correction in the Rule, consistent with existing
System functionality and intended to provide clarity to the Rule by
more accurately reflecting the current participation entitlement
process. DPMs, LMMs and PMMs will continue to receive participation
entitlements in the same manner as they do today.

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

    The Exchange neither solicited nor received comments on 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) of the Act \11\ and Rule 19b-
4(f)(6) thereunder.\12\ 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 will institute
proceedings to determine whether the proposed rule change should be
approved or disapproved.
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    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its 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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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-CBOE-2021-052 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-CBOE-2021-052. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (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 website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 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. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-CBOE-2021-052, and should be submitted
on or before October 6, 2021.
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    \13\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-19858 Filed 9-14-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 246 (Tuesday, December 28, 2021)]
[Rules and Regulations]
[Pages 73673-73675]
[FR Doc No: 2021-28026]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 31405; Amdt. No. 3988]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This rule amends, suspends, or removes Standard Instrument
Approach Procedures (SIAPs) and associated Takeoff Minimums and
Obstacle Departure Procedures for operations at certain airports. These
regulatory actions are needed because of the adoption of new or revised
criteria, or because of changes occurring in the National Airspace
System, such as the commissioning of new navigational facilities,
adding new obstacles, or changing air traffic requirements. These
changes are designed to provide for the safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective December 28, 2021. The compliance date
for each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of December 28, 2021.

ADDRESSES: Availability of matter incorporated by reference in the
amendment is as follows:

For Examination

    1. U.S. Department of Transportation, Docket Ops-M30, 1200 New
Jersey Avenue SE, West Bldg., Ground Floor, Washington, DC 20590-0001;
    2. The FAA Air Traffic Organization Service Area in which the
affected airport is located;
    3. The office of Aeronautical Information Services, 6500 South
MacArthur Blvd., Oklahoma City, OK 73169 or,
    4. The National Archives and Records Administration (NARA).
    For information on the availability of this material at NARA, email
[email protected] or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

Availability

    All SIAPs and Takeoff Minimums and ODPs are available online free
of charge. Visit the National Flight Data Center online at nfdc.faa.gov
to register. Additionally, individual SIAP and Takeoff Minimums and ODP
copies may be obtained from the FAA Air Traffic Organization Service
Area in which the affected airport is located.

FOR FURTHER INFORMATION CONTACT: Thomas J. Nichols, Flight Procedures
and Airspace Group, Flight Technologies and Procedures Division, Flight
Standards Service, Federal Aviation Administration. Mailing Address:
FAA Mike Monroney Aeronautical Center, Flight Procedures and Airspace
Group, 6500 South MacArthur Blvd., Registry Bldg. 29, Room 104,
Oklahoma City, OK 73169. Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends 14 CFR part 97 by amending
the referenced SIAPs. The complete regulatory description of each SIAP
is listed on the appropriate FAA Form 8260, as modified by the National
Flight Data Center (NFDC)/Permanent Notice to Airmen (P-NOTAM), and is
incorporated by reference under 5 U.S.C. 552(a), 1 CFR part 51, and 14
CFR 97.20. The large number of SIAPs, their complex nature, and the
need for a special format make their verbatim publication in the
Federal Register expensive and impractical. Further, airmen do not use
the regulatory text of the SIAPs, but refer to their graphic depiction
on charts printed by publishers of aeronautical materials. Thus, the
advantages of incorporation by reference are realized and publication
of the complete description of each SIAP contained on FAA form
documents is unnecessary. This amendment provides the affected CFR
sections, and specifies the SIAPs and Takeoff Minimums and ODPs with
their applicable effective dates. This amendment also identifies the
airport and its location, the procedure and the amendment number.

Availability and Summary of Material Incorporated by Reference

    The material incorporated by reference is publicly available as
listed in the ADDRESSES section. The material incorporated by reference
describes SIAPs, Takeoff Minimums and ODPs as identified in the
amendatory language for part 97 of this final rule.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP and Takeoff Minimums and ODP as amended in the
transmittal. For safety and timeliness of change considerations, this
amendment incorporates only specific changes contained for each SIAP
and Takeoff Minimums and ODP as modified by FDC permanent NOTAMs.
    The SIAPs and Takeoff Minimums and ODPs, as modified by FDC
permanent NOTAM, and contained in this amendment are based on criteria
contained in the U.S. Standard for Terminal Instrument Procedures
(TERPS). In developing these changes to SIAPs and Takeoff Minimums and
ODPs, the TERPS criteria were applied only to specific conditions
existing at the affected airports. All SIAP amendments in this rule
have been previously issued by the FAA in a FDC NOTAM as an emergency
action of immediate flight safety relating directly to published
aeronautical charts.
    The circumstances that created the need for these SIAP and Takeoff

Minimums and ODP amendments require making them effective in less than
30 days.
    Because of the close and immediate relationship between these
SIAPs, Takeoff Minimums and ODPs, and safety in air commerce, I find
that notice and public procedure under 5 U.S.C. 553(b) are
impracticable and contrary to the public interest and, where
applicable, under 5 U.S.C. 553(d), good cause exists for making these
SIAPs effective in less than 30 days.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air Traffic Control, Airports, Incorporation by reference,
Navigation (Air).

    Issued in Washington, DC, on December 10, 2021.
Thomas J. Nichols,
Aviation Safety, Flight Standards Service Manager, Standards Section,
Flight Procedures & Airspace Group Flight Technologies & Procedures
Division.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, Title 14,
CFR part 97, (is amended by amending Standard Instrument Approach
Procedures and Takeoff Minimums and ODPs, effective at 0901 UTC on the
dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40103, 40106, 40113, 40114,
40120, 44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:
    By amending: Sec.  97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or
TACAN; Sec.  97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; Sec.
97.27 NDB, NDB/DME; Sec.  97.29 ILS, ILS/DME, MLS, MLS/DME, MLS/RNAV;
Sec.  97.31 RADAR SIAPs; Sec.  97.33 RNAV SIAPs; and Sec.  97.35 COPTER
SIAPs, Identified as follows:

* * * Effective Upon Publication

--------------------------------------------------------------------------------------------------------------------------------------------------------
      AIRAC date           State              City                 Airport         FDC number    FDC date                      Subject
--------------------------------------------------------------------------------------------------------------------------------------------------------
27-Jan-22............  AK             Napaskiak...........  Napaskiak...........       1/0887      9/24/21  RNAV (GPS) RWY 2, Orig-A.
27-Jan-22............  AK             Napaskiak...........  Napaskiak...........       1/0891      9/24/21  RNAV (GPS) RWY 20, Orig-A.
27-Jan-22............  ME             Rockland............  Knox County Rgnl....       1/1196      11/3/21  ILS OR LOC RWY 13, Amdt 2.
27-Jan-22............  KS             Kingman.............  Kingman/Clyde Cessna       1/2723      9/24/21  RNAV (GPS) RWY 18, Amdt 1A.
                                                             Fld.
27-Jan-22............  KS             Kingman.............  Kingman/Clyde Cessna       1/2724      9/24/21  RNAV (GPS) RWY 36, Amdt 1A.
                                                             Fld.
27-Jan-22............  OH             Steubenville........  Jefferson County           1/2816     10/13/21  RNAV (GPS) RWY 14, Amdt 1A.
                                                             Airpark.
27-Jan-22............  OH             Steubenville........  Jefferson County           1/2817     10/13/21  RNAV (GPS) RWY 32, Amdt 1B.
                                                             Airpark.
27-Jan-22............  KS             Elkhart.............  Elkhart-Morton             1/3258      11/8/21  RNAV (GPS) RWY 22, Amdt 1C.
                                                             County.
27-Jan-22............  KS             Elkhart.............  Elkhart-Morton             1/3278      11/8/21  RNAV (GPS) RWY 35, Amdt 1D.
                                                             County.
27-Jan-22............  NM             Artesia.............  Artesia Muni........       1/3863      12/1/21  RNAV (GPS) RWY 22, Amdt 1B.
27-Jan-22............  NV             Las Vegas...........  Henderson Exec......       1/3865      12/2/21  VOR-C, Amdt 1.
27-Jan-22............  NJ             Newark..............  Newark Liberty Intl.       1/3868      12/1/21  RNAV (GPS) RWY 11, Orig-G.
27-Jan-22............  NJ             Newark..............  Newark Liberty Intl.       1/3870      12/1/21  GLS RWY 11, Orig-B.
27-Jan-22............  MI             Adrian..............  Lenawee County......       1/4373      12/3/21  RNAV (GPS) RWY 23, Orig-B.
27-Jan-22............  KY             Prestonsburg........  Big Sandy Rgnl......       1/4406      12/2/21  RNAV (GPS) RWY 21, Amdt 2.
27-Jan-22............  PA             Washington..........  Washington County...       1/4643      12/2/21  ILS OR LOC RWY 27, Amdt 1D.
27-Jan-22............  OH             Port Clinton........  Erie-Ottawa Intl....       1/4991      10/1/21  RNAV (GPS) RWY 9, Amdt 1B.
27-Jan-22............  PA             Erie................  Erie Intl/Tom Ridge        1/5442     11/12/21  Takeoff Minimums and Obstacle DP, Amdt 6.
                                                             Fld.
27-Jan-22............  WI             Amery...............  Amery Muni..........       1/5615     11/19/21  Takeoff Minimums and Obstacle DP, Amdt 1B.
27-Jan-22............  TX             Victoria............  Victoria Rgnl.......       1/5742      9/24/21  ILS OR LOC RWY 13, Orig.
27-Jan-22............  TX             Victoria............  Victoria Rgnl.......       1/5743      9/24/21  RNAV (GPS) RWY 13, Orig.
27-Jan-22............  TX             Victoria............  Victoria Rgnl.......       1/5748      9/24/21  RNAV (GPS) RWY 31, Orig.
27-Jan-22............  TX             Victoria............  Victoria Rgnl.......       1/5751      9/24/21  VOR RWY 31, Orig.
27-Jan-22............  AZ             Coolidge............  Coolidge Muni.......       1/5936      12/3/21  VOR RWY 5, Amdt 1.
27-Jan-22............  WI             Stevens Point.......  Stevens Point Muni..       1/5945      12/3/21  RNAV (GPS) RWY 21, Amdt 1A.
27-Jan-22............  WI             Stevens Point.......  Stevens Point Muni..       1/5948      12/3/21  RNAV (GPS) RWY 3, Orig-B.
27-Jan-22............  WI             Stevens Point.......  Stevens Point Muni..       1/5949      12/3/21  RNAV (GPS) RWY 30, Orig-B.
27-Jan-22............  WI             Stevens Point.......  Stevens Point Muni..       1/5952      12/3/21  RNAV (GPS) RWY 12, Orig-B.
27-Jan-22............  WI             Stevens Point.......  Stevens Point Muni..       1/5954      12/3/21  ILS OR LOC RWY 21, Amdt 1.
27-Jan-22............  CA             Hawthorne...........  Jack Northrop Fld/         1/6193     11/10/21  LOC RWY 25, Amdt 12B.
                                                             Hawthorne Muni.
27-Jan-22............  CA             Hawthorne...........  Jack Northrop Fld/         1/6194     11/10/21  RNAV (GPS) RWY 25, Amdt 2.
                                                             Hawthorne Muni.
27-Jan-22............  MI             Adrian..............  Lenawee County......       1/6235      12/3/21  RNAV (GPS) RWY 5, Amdt 1B.
27-Jan-22............  IN             Indianapolis........  Hendricks County-          1/6745      10/1/21  RNAV (GPS) RWY 18, Amdt 1C.
                                                             Gordon Graham Fld.
27-Jan-22............  AL             Jasper..............  Walker County-Bevill       1/6836     11/18/21  RNAV (GPS) RWY 27, Orig-A.
                                                             Fld.
27-Jan-22............  AL             Jasper..............  Walker County-Bevill       1/6837     11/18/21  RNAV (GPS) RWY 9, Orig-A.
                                                             Fld.
27-Jan-22............  AL             Jasper..............  Walker County-Bevill       1/6838     11/18/21  VOR/DME-A, Amdt 3.
                                                             Fld.
27-Jan-22............  TX             Victoria............  Victoria Rgnl.......       1/7009      12/6/21  VOR RWY 13, Orig.
27-Jan-22............  SC             Allendale...........  Allendale County....       1/7592     11/16/21  RNAV (GPS) RWY 35, Orig-C.
27-Jan-22............  SC             Pelion..............  Lexington County....       1/7676     11/16/21  RNAV (GPS) RWY 36, Orig-B.
27-Jan-22............  SC             Pelion..............  Lexington County....       1/7677     11/16/21  RNAV (GPS) RWY 18, Orig-B.

27-Jan-22............  KS             Hays................  Hays Rgnl...........       1/7854     11/18/21  VOR/DME RWY 34, Amdt 2F.
27-Jan-22............  KS             Hays................  Hays Rgnl...........       1/7857     11/18/21  VOR/DME RWY 16, Amdt 3F.
27-Jan-22............  KS             Hays................  Hays Rgnl...........       1/7859     11/18/21  VOR RWY 34, Amdt 5D.
27-Jan-22............  KS             Hays................  Hays Rgnl...........       1/7862     11/18/21  VOR RWY 16, Amdt 3D.
27-Jan-22............  KS             Hays................  Hays Rgnl...........       1/7864     11/18/21  RNAV (GPS) RWY 34, Amdt 2.
27-Jan-22............  KS             Hays................  Hays Rgnl...........       1/7866     11/18/21  RNAV (GPS) RWY 22 , Orig.
27-Jan-22............  KS             Hays................  Hays Rgnl...........       1/7868     11/18/21  RNAV (GPS) RWY 16, Orig.
27-Jan-22............  KS             Hays................  Hays Rgnl...........       1/7870     11/18/21  RNAV (GPS) RWY 4, Orig.
27-Jan-22............  KS             Hays................  Hays Rgnl...........       1/7872     11/18/21  ILS OR LOC RWY 34, Orig-E.
27-Jan-22............  KS             Fort Scott..........  Fort Scott Muni.....       1/8302     11/18/21  RNAV (GPS) RWY 18, Orig.
27-Jan-22............  KS             Fort Scott..........  Fort Scott Muni.....       1/8303     11/18/21  RNAV (GPS) RWY 36, Orig.
27-Jan-22............  TX             Graford.............  Possum Kingdom......       1/8794     11/18/21  RNAV (GPS) RWY 20, Orig-C.
27-Jan-22............  TX             Graford.............  Possum Kingdom......       1/8795     11/18/21  RNAV (GPS) RWY 2, Orig-C.
27-Jan-22............  TN             Lewisburg...........  Ellington...........       1/9062      11/3/21  RNAV (GPS) RWY 2, Amdt 1A.
27-Jan-22............  TN             Lewisburg...........  Ellington...........       1/9064      11/3/21  RNAV (GPS) RWY 20, Amdt 1A.
27-Jan-22............  KS             Wichita.............  Colonel James Jabara       1/9768     11/23/21  RNAV (GPS) RWY 36, Orig-B.
27-Jan-22............  PR             Ponce...............  Mercedita...........       1/9793     11/23/21  RNAV (GPS) RWY 12, Orig-D.
27-Jan-22............  PR             Ponce...............  Mercedita...........       1/9794     11/23/21  RNAV (GPS) RWY 30, Orig-B.
27-Jan-22............  MO             Rolla/Vichy.........  Rolla Ntl...........       1/9961     11/23/21  RNAV (GPS) RWY 4, Orig-B.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 2021-28026 Filed 12-27-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 205 (Wednesday, October 27, 2021)]
[Notices]
[Pages 59386-59387]
[FR Doc No: 2021-23368]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2021-0040; FRL-9196-01-OMS]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; Servicing of Motor Vehicle Air Conditioners
(Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency (EPA) has submitted an
information collection request (ICR), Servicing of Motor Vehicle Air
Conditioners (EPA ICR Number 1617.10, OMB Control Number 2060-0247) to
the Office of Management and Budget (OMB) for review and approval in
accordance with the Paperwork Reduction Act. This is a proposed
extension of the ICR, which is currently approved through December 31,
2021. Public comments were previously requested via the Federal
Register on April 16, 2021, during a 60-day comment period. This notice
allows for an additional 30 days for public comments. A fuller
description of the ICR is given below, including its estimated burden
and cost to the public. An agency may not conduct or sponsor and a
person is not required to respond to a collection of information unless
it displays a currently valid OMB control number.

DATES: Comments must be submitted on or before November 26, 2021.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OAR-
2021-0040, online using www.regulations.gov (our preferred method) or
by mail to: EPA Docket Center, Environmental Protection Agency, Mail
Code 28221T, 1200 Pennsylvania Ave. NW, Washington, DC 20460.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI), or other
information whose disclosure is restricted by statute.
    Submit written comments and recommendations to OMB for the proposed
information collection within 30 days of publication of this notice to
www.reginfo.gov/public/do/PRAMain. Find this particular information
collection by selecting ``Currently under 30-day Review--Open for
Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Chenise Farquharson, Stratospheric
Protection Division, Office of Atmospheric Programs (Mail Code 6205T),
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460; telephone number:<PHONE_NUMBER>; email address:
[email protected].

SUPPLEMENTARY INFORMATION: Supporting documents, which explain in
detail the information that the EPA will be collecting, are available
in the public docket for this ICR.
    Abstract: Section 609 of the Clean Air Act Amendments of 1990 (Act)
provides general guidelines for the servicing of motor vehicle air
conditioners (MVACs). It states that ``no person repairing or servicing
motor vehicles for consideration may perform any service on a motor
vehicle air conditioner involving the refrigerant for such air
conditioner without properly using approved refrigerant recycling
equipment and no such person may

perform such service unless such person has been properly trained and
certified.'' In 1992, EPA developed regulations under section 609 that
were published in 57 FR 31240 and codified at 40 CFR subpart B (Section
82.30 et seq.). The information required to be collected under the
section 609 regulations is: Approved refrigerant handling equipment;
approved independent standards testing organizations; technician
training and certification; and certification, reporting and
recordkeeping.
    Form Numbers: None.
    Respondents/affected entities: The following is a list of NAICS
codes for organizations potentially affected by the information
requirements covered under this ICR. It is meant to include any
establishment that may service or maintain motor vehicle air
conditioners.

4411 Automobile Dealers
4413 Automotive Parts, Accessories, and Tire Stores
44711 Gasoline Stations with Convenience Stores
8111 Automotive Repair and Maintenance
811198 All Other Automotive Repair and Maintenance

    Other affected groups include independent standards testing
organizations and organizations with technician certification programs.
    Respondent's obligation to respond: Mandatory (40 CFR 82.36, 82.38,
82.40, 82.42).
    Estimated number of respondents: 46,033 (per year).
    Frequency of response: On occasion, biennially, only once.
    Total estimated burden: 4,165 hours (per year). Burden is defined
at 5 CFR 1320.03(b).
    Total estimated cost: $213,153 (per year), includes $0 annualized
capital or operation & maintenance costs.
    Changes in Estimates: There is an increase of 35 hours in the total
estimated respondent burden compared with the ICR currently approved by
OMB. This increase is due in part to an increase in the number of motor
vehicle establishments in the United States. This correlates with an
increase in the number of establishments that send refrigerants off-
site for recycling or reclamation.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2021-23368 Filed 10-26-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 69 (Thursday, April 9, 2020)]
[Notices]
[Pages 19935-19936]
[FR Doc No: 2020-07493]

=======================================================================
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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG20-111-000.
    Applicants: Wind Wall 1 LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Wind Wall 1 LLC.
    Filed Date: 4/2/20.
    Accession Number: 20200402-5130.
    Comments Due: 5 p.m. ET 4/23/20.

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

    Docket Numbers: ER19-846-006.
    Applicants: Antelope DSR 3, LLC.
    Description: Notice of Non-Material Change in Status of Antelope
DSR 3, LLC.
    Filed Date: 4/2/20.
    Accession Number: 20200402-5158.
    Comments Due: 5 p.m. ET 4/23/20.

    Docket Numbers: ER19-847-006.
    Applicants: San Pablo Raceway, LLC.
    Description: Notice of Non-Material Change in Status of San Pablo
Raceway, LLC.
    Filed Date: 4/2/20.
    Accession Number: 20200402-5160.
    Comments Due: 5 p.m. ET 4/23/20.

    Docket Numbers: ER19-2399-001.
    Applicants: Caden Energix Hickory LLC.
    Description: Notice of Non-Material Change in Status of Caden
Energix Hickory LLC.
    Filed Date: 4/2/20.
    Accession Number: 20200402-5156.
    Comments Due: 5 p.m. ET 4/23/20.

    Docket Numbers: ER20-1490-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original WMPA, Service
Agreement No. 5613; Queue No. AE2-225 to be effective 3/10/2020.
    Filed Date: 4/3/20.
    Accession Number: 20200403-5028.
    Comments Due: 5 p.m. ET 4/24/20.

    Docket Numbers: ER20-1491-000.
    Applicants: Wind Wall 1 LLC.
    Description: Baseline eTariff Filing: Application for MBR
Authority, Request for Waivers and Blanket Authority to be effective
12/31/9998.
    Filed Date: 4/3/20.
    Accession Number: 20200403-5056.
    Comments Due: 5 p.m. ET 4/24/20.

    Docket Numbers: ER20-1492-000.
    Applicants: Pacific Gas and Electric Company.

    Description: Sec.  205(d) Rate Filing: 4-3-20 Unexecuted Agreement,
City and County of San Francisco WDT SA (SA 275) to be effective 6/3/
2020.
    Filed Date: 4/3/20.
    Accession Number: 20200403-5085.
    Comments Due: 5 p.m. ET 4/24/20.

    Docket Numbers: ER20-1493-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Amendment to ISA No. 2011,
Queue No. O18 (consent) to be effective 7/17/2008.
    Filed Date: 4/3/20.
    Accession Number: 20200403-5140.
    Comments Due: 5 p.m. ET 4/24/20.

    Docket Numbers: ER20-1494-000.
    Applicants: Puget Sound Energy, Inc.
    Description: Request for Waiver of Tariff Provisions, et al. of
Puget Sound Energy, Inc.
    Filed Date: 4/3/20.
    Accession Number: 20200403-5144.
    Comments Due: 5 p.m. ET 4/8/20.

    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: April 3, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-07493 Filed 4-8-20; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 212 (Friday, November 1, 2013)]
[Notices]
[Pages 65758-65759]
[FR Doc No: 2013-26129]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2013-0104; Notice 1]

Receipt of Petition for Decision That Nonconforming 2011-2012 BMW
S1000RR Motorcycles Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt.

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

SUMMARY: This document announces receipt by the National Highway
Traffic Safety Administration (NHTSA) of a petition for a decision that
2011-2012 BMW S1000RR Motorcycles that were not originally manufactured
to comply with all applicable Federal Motor Vehicle Safety Standards
(FMVSS) are eligible for importation into the United States because (1)
they are substantially similar to vehicles that were originally
manufactured for sale in the United States and that were certified by
their manufacturer as complying with the safety standards, and (2) they
are capable of being readily altered to conform to the standards.

DATES: The closing date for comments on the petition is December 2,
2013.

ADDRESSES: Comments should refer to the docket and notice numbers above
and be submitted by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Mail: Docket Management Facility: U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. ET,
Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.
    Instructions: Comments must be written in the English language, and
be no greater than 15 pages in length, although there is no limit to
the length of necessary attachments to the comments. If comments are
submitted in hard copy form, please ensure that two copies are
provided. If you wish to receive confirmation that your comments were
received, please enclose a stamped, self-addressed postcard with the
comments. Note that all comments received will be posted without change
to http://www.regulations.gov, including any personal information
provided. Please see the Privacy Act heading below.
    Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
    How to Read Comments Submitted to the Docket: You may read the
comments received by Docket Management at the address and times given
above. You may also view the documents from the Internet at http://www.regulations.gov. Follow the online instructions for accessing the
dockets. The docket ID number and title of this notice are shown at the
heading of this document notice. Please note that even after the
comment closing date, we will continue to file relevant information in
the Docket as it becomes available. Further, some people may submit
late comments. Accordingly, we recommend that you periodically search
the Docket for new material.

FOR FURTHER INFORMATION CONTACT: George Stevens, Office of Vehicle
Safety Compliance, NHTSA<PHONE_NUMBER>).

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 30141(a)(1)(A), a motor vehicle that was not
originally manufactured to conform to all applicable FMVSS shall be
refused admission into the United States unless NHTSA has decided that
the motor vehicle is substantially similar to a motor vehicle
originally manufactured for sale in the United States, certified under
49 U.S.C. 30115, and of the same model year as the model of the motor
vehicle to be compared, and is capable of being readily altered to
conform to all applicable FMVSS.
    Petitions for eligibility decisions may be submitted by either
manufacturers or importers who have registered with NHTSA pursuant to
49 CFR Part 592. As specified in 49 CFR 593.7, NHTSA publishes notice
in the Federal Register of each petition that it receives, and affords
interested persons an opportunity to comment on the petition. At the
close of the comment period, NHTSA decides, on the basis of the
petition and any comments that it has received, whether the vehicle is
eligible for importation. The agency then publishes this decision in
the Federal Register.
    J.K. Technologies, LLC. (``J.K.''), of Baltimore, Maryland
(Registered Importer RI-90-006) has petitioned NHTSA to decide whether
non-U.S. certified 2011-2012 BMW S1000RR motorcycles are eligible for
importation into the United States. The vehicles that J.K. believes are
substantially similar are 2011-2012 BMW S1000RR motorcycles that were
manufactured for sale in the United States and certified by their
manufacturer as conforming to all applicable FMVSS.
    The petitioner claims that it carefully compared non-U.S. certified
2011-2012 BMW S1000RR motorcycles to their U.S. certified counterparts,
and found the vehicles to be substantially similar with respect to
compliance with most FMVSS.

    J.K. submitted information with its petition intended to
demonstrate that non-U.S. certified 2011-2012 BMW S1000RR motorcycles,
as originally manufactured, conform to many FMVSS in the same manner as
their U.S. certified counterparts, or are capable of being readily
altered to conform to those standards.
    Specifically, the petitioner claims that non-U.S. certified 2011-
2012 BMW S1000RR motorcycles are identical to their U.S. certified
counterparts with respect to compliance with Standard Nos. 106 Brake
Hoses, 111 Rearview Mirrors, 116 Brake Fluid, 119 New Pneumatic Tires
for Vehicles other than Passenger Cars, 122 Motorcycle Brake Systems,
and 205 Glazing Materials.
    The petitioner further contends that the vehicles are capable of
being readily altered to meet the following standards, in the manner
indicated below:
    Standard No. 108 Lamps, Reflective Devices and Associated
Equipment: Installation of the following U.S.-model components: front
amber reflectors, rear red reflectors, front head lamp, and rear stop
lamp.
    Standard No. 120 Tire Selection and Rims for Vehicles other than
Passenger Cars: Installation of a tire information placard.
    Standard No. 123 Motorcycle Controls and Displays: Installation of
a U.S.-model instrument cluster.
    All comments received before the close of business on the closing
date indicated above will be considered, and will be available for
examination in the docket at the above addresses both before and after
that date. To the extent possible, comments filed after the closing
date will also be considered. Notice of final action on the petition
will be published in the Federal Register pursuant to the authority
indicated below.

    Authority:  49 U.S.C. 30141(a)(1)(A) and (b)(1); 49 CFR 593.8;
delegations of authority at 49 CFR 1.95 and 501.8.

    Dated: October 29, 2013.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2013-26129 Filed 10-31-13; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register: August 6, 2007 (Volume 72, Number 150)]
[Rules and Regulations]
[Page 43537-43539]
[DOCID:fr06au07-8]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2007-0610; FRL-8448-6]

Revisions to the Arizona State Implementation Plan, Maricopa
County

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: EPA is taking direct final action to approve a revision to the
Maricopa County portion of the Arizona State Implementation Plan (SIP).
This revision concerns reductions of particulate matter (PM) emissions
from the paving of unpaved roads and the use of these reductions to
satisfy the offset requirements under the new source review provisions
of the Clean Air Act as amended in 1990 (CAA or the Act). We are
approving a local rule which assures that the PM emission reductions
resulting from the road paving meet the criteria for valid offsets
under the Act.

DATES: This rule is effective on October 5, 2007 without further
notice, unless EPA receives adverse comments by September 5, 2007. If
we receive such comments, we will publish a timely withdrawal in the
Federal Register to notify the public that this direct final rule will
not take effect.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2007-0610, by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow

the on-line instructions.
    2. E-mail<EMAIL_ADDRESS>    3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
    Instructions: All comments will be included in the public docket
without change and may be made available online at  http://www.regulations.gov
, including any personal information provided,

unless the comment includes Confidential Business Information (CBI) or
other information whose disclosure is restricted by statute.
Information that you consider CBI or otherwise protected should be
clearly identified as such and should not be submitted through http://www.regulations.gov or e-mail. http://www.regulations.gov is an

``anonymous access'' system, and EPA will not know your identity or
contact information unless you provide it in the body of your comment.
If you send e-mail directly to EPA, your e-mail address will be
automatically captured and included as part of the public comment. If
EPA cannot read your comment due to technical difficulties and cannot
contact you for clarification, EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses.
    Docket: The index to the docket for this action is available
electronically at http://www.regulations.gov and in hard copy at EPA

Region IX, 75 Hawthorne Street, San Francisco, California. While all
documents in the docket are listed in the index, some information may
be publicly available only at the hard copy location (e.g., copyrighted
material), and some may not be publicly available in either location
(e.g., CBI). To inspect the hard copy materials, please schedule an
appointment during normal business hours with the contact listed in the
FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Lily Wong, EPA Region IX, (415) 947-
4114<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.

Table of Contents

I. The State's Submittal
    A. What rule did the State submit?
    B. Are there other versions of this rule?
    C. What is the purpose of the submitted rule?
II. EPA's Evaluation and Action
    A. How is EPA evaluating the rule?
    B. Does the rule meet the evaluation criteria?
    C. Public Comment and Final Action
III. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rule did the State submit?

    Table 1 lists the rule we are approving with the date that it was
adopted by the Maricopa Air Quality Department and submitted to us by
the Arizona Department of Environmental Quality.

----------------------------------------------------------------------------------------------------------------
               Local agency                   Rule No.             Rule title             Adopted     Submitted
----------------------------------------------------------------------------------------------------------------
Maricopa County Air Quality Department....          242  Emission Offsets Generated by     06/20/07     07/05/07
                                                          the Voluntary Paving of
                                                          Unpaved Roads.
----------------------------------------------------------------------------------------------------------------

    On July 12, 2007, this rule submittal was found to meet the
completeness criteria in 40 CFR Part 51, Appendix V, which must be met
before formal EPA review.

B. Are there other versions of this rule?

    There are no previous versions of Rule 242 in the SIP, and the
Maricopa County Air Quality Department has not adopted any earlier
version of this rule.

C. What is the purpose of the submitted rule?

    PM contributes to effects that are harmful to human health and the
environment, including premature mortality, aggravation of respiratory
and cardiovascular disease, decreased lung function, visibility
impairment, and damage to vegetation and ecosystems. Section 173(c) of
the CAA requires, among other things, that major new sources of PM and
major modifications of existing sources of PM offset their increases of
PM emissions. Rule 242 creates a mechanism for owners and operators of
such sources to offset their PM emissions increases through the paving
of unpaved public roads in the PM non-attainment area of Maricopa
County. EPA's technical support document (TSD) has more information
about this rule.

II. EPA's Evaluation and Action

A. How is EPA evaluating the rule?

    Generally, SIP rules must be enforceable (see section 110(a) of the
Act) and must not relax existing requirements (see sections 110(l) and
193). In addition, an offset generating rule of this type must meet the
criteria for generating valid offsets and should meet the criteria set
forth in our guidance concerning economic incentive programs.
    Guidance and policy documents that we use to help evaluate specific
enforceability requirements and economic incentive rules or programs
consistently include the following:
    1. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations; Clarification to Appendix D of November 24, 1987 Federal
Register Notice,'' (Blue Book), notice of availability published in the
May 25, 1988 Federal Register.
    2. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
    3. AP-42, Fifth edition, ``Compilation of Air Pollutant Emission
Factors, Volume I, Stationary and Point Area Sources, Miscellaneous
Sources, Chapter 13,'' December 2003.
    4. ``Emission Offset Interpretative Ruling,'' 40 CFR part 51,
appendix S.
    5. ``Improving Air Quality with Economic Incentive Programs,'' EPA
452/R-01-001, January 2001.

B. Does the rule meet the evaluation criteria?

    We believe this rule is consistent with the relevant policy and
guidance regarding enforceability and economic incentive programs and
ensures that the emission reductions are surplus, quantifiable,
enforceable, and permanent. The TSD has more information on our
evaluation.

C. Public Comment and Final Action

    As authorized in section 110(k)(3) of the Act, EPA is fully
approving the submitted rule because we believe it fulfills all
relevant requirements. We do not think anyone will object to this
approval, so we are finalizing it without proposing it in advance.
However, in the Proposed Rules section of this Federal Register, we are
simultaneously proposing approval of the same submitted rule. If we
receive adverse comments by September 5, 2007, we will publish a timely
withdrawal in the Federal Register to notify the public that the direct
final approval will not take effect and we will address the comments in
a subsequent final action based on the proposal. If we do not receive
timely adverse comments, the direct final approval will be effective
without further notice on October 5, 2007. This will incorporate the
rule into the federally enforceable SIP.

III. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it 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). This rule also does not
have tribal implications because it will 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,
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
This action also does not have Federalism implications because it does
not have substantial direct effects 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,
as specified in Executive Order 13132 (64 FR 43255, August 10, 1999).
This action merely approves a state rule implementing a Federal
standard, and does not alter the relationship or the distribution of
power and responsibilities established in the Clean Air Act. This rule
also is not subject to Executive Order 13045 ``Protection of Children
from Environmental Health Risks and Safety Risks'' (62 FR 19885, April
23, 1997),

because it approves a state rule implementing a Federal standard.
    In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission; to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). 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 rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by October 5, 2007. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: July 20, 2007.
Keith Takata,
Acting Regional Administrator, Region IX.

0
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--[AMENDED]

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

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

Subpart D--Arizona

0
2. Section 52.120 is amended by adding paragraph (c)(139) to read as
follows:

Sec.  52.120  Identification of plan.

* * * * *
    (c) * * *
    (139) The following plan was submitted on July 5, 2007 by the
Governor's designee.
    (i) Incorporation by reference.
    (A) Maricopa County Air Quality Department
    (1) Rule 242, adopted on June 20, 2007.

 [FR Doc. E7-15118 Filed 8-3-07; 8:45 am]

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[Federal Register Volume 78, Number 73 (Tuesday, April 16, 2013)]
[Notices]
[Page 22542]
[FR Doc No: 2013-08933]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9804-3]

Proposed Administrative Settlement Agreement Under the
Comprehensive Environmental Response, Compensation, and Liability Act
for the L.E. Carpenter/Dayco Superfund Site Located in Wharton
Township, Morris County, New Jersey

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed administrative settlement and opportunity
for public comment.

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SUMMARY: The United States Environmental Protection Agency (``EPA'') is
proposing to enter into an administrative settlement agreement
(``Settlement Agreement'') with L.E. Carpenter and Company (the
``Settling Party'') pursuant to Section 122 of the Comprehensive
Environmental Response, Compensation, and Liability Act (``CERCLA'').
The Settlement Agreement provides for Settling Parties' payment of
certain response costs incurred at the L.E. Carpenter/Dayco Superfund
Site located within Wharton Township, Morris County, New Jersey
(``Site'').
    In accordance with Section 122(i) of CERCLA, this notice is being
published to inform the public of the proposed Settlement Agreement and
of the opportunity to comment. For thirty (30) days following the date
of publication of this notice, EPA will receive written comments
relating to the proposed Settlement Agreement. EPA will consider all
comments received and may modify or withdraw its consent to the
settlement if comments received disclose facts or considerations that
indicate that the proposed settlement is inappropriate, improper or
inadequate. EPA's response to any comments received will be available
for public inspection at EPA Region 2, 290 Broadway, 17th floor, New
York, New York 10007-1866.

DATES: Comments must be provided by May 16, 2013.

ADDRESSES: Comments should reference the L.E. Carpenter/Dayco Superfund
Site, EPA Docket No. CERCLA-02-2011-2008 and should be sent to the U.S.
Environmental Protection Agency, Office of Regional Counsel, New Jersey
Superfund Branch, 290 Broadway--17th Floor, New York, NY 10007.

SUPPLEMENTARY INFORMATION: A copy of the proposed administrative
settlement, as well as background information relating to the
settlement, may be obtained from Clara Beitin, Assistant Regional
Counsel, New Jersey Superfund Branch, Office of Regional Counsel, U.S.
Environmental Protection Agency, 17th Floor, 290 Broadway, New York,
New York 10007-1866. Telephone:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Clara Beitin, Assistant Regional
Counsel, New Jersey Superfund Branch, Office of Regional Counsel, U.S.
Environmental Protection Agency, 17th Floor, 290 Broadway, New York,
New York 10007-1866. Telephone:<PHONE_NUMBER>.

    Dated: March 25, 2013.
Walter Mugdan,
Director, Emergency and Remedial Response Division.
[FR Doc. 2013-08933 Filed 4-15-13; 8:45 am]
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