[Federal Register Volume 80, Number 34 (Friday, February 20, 2015)]
[Notices]
[Pages 9291-9294]
[FR Doc No: 2015-03517]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74272; File No. SR-Phlx-2015-15]

Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Relating to
Remote Streaming Quote Traders

February 13, 2015.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(the

``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on February 9, 2015, NASDAQ OMX PHLX LLC (``Phlx'' or ``Exchange'')
filed with the Securities and Exchange Commission (``SEC'' or
``Commission'') the proposed rule change as described in Items I, II,
and III 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\ 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 amend Phlx Rule 507, entitled
``Application for Approval as an SQT or RSQT or RSQTO and Assignment in
Options'' to increase the number of Remote Streaming Quote Traders
(``RSQTs'') that may be affiliated with a Remote Streaming Quote Trader
Organization (``RSQTOs'').
    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaqomxphlx.cchwallstreet.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 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 purpose of the proposed rule change is to amend Phlx Rule 507,
entitled ``Application for Approval as an SQT or RSQT or RSQTO and
Assignment in Options,'' to increase the number of RSQTs that may be
affiliated with RSQTOs. RSQTs are one of several types of Registered
Options Traders (``ROTs'') on the Exchange. ROTs are market makers that
include Streaming Quote Traders (``SQTs''),\3\ RSQTs,\4\ Directed
Streaming Quote Traders (``DSQTs''), and Directed Remote Streaming
Quote Traders (``DRSQTs'').\5\
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    \3\ An SQT is an ROT who has received permission from the
Exchange to generate and submit option quotations electronically in
eligible options to which such SQT is assigned. An SQT may only
submit such quotations while such SQT is physically present on the
floor of the Exchange. See Rule 1014(b)(ii)(A).
    \4\ An RSQT is an ROT that is a member or member organization
with no physical trading floor presence who has received permission
from the Exchange to generate and submit option quotations
electronically in eligible options to which such RSQT has been
assigned. An RSQT may only submit such quotations electronically
from off the floor of the Exchange. See Rule 1014(b)(ii)(B).
    \5\ A DSQT is an SQT and a DRSQT is an RSQT that receives a
Directed Order. Exchange Rule 1080(l)(i)(A) defines Directed Order
as any customer order (other than a stop or stop-limit order as
defined in Rule 1066) to buy or sell which has been directed to a
particular specialist, RSQT, or SQT by an Order Flow Provider and
delivered to the Exchange via its electronic quoting, execution and
trading system.
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    Rule 507 is one of the numerous rules administered by the Exchange
that deal with allocation and assignment of securities. These Rules
generally describe the process for: Applying for an appointment as a
specialist; allocating classes of options to specialist units and
individual specialists; applying for an appointment as an SQT or RQT;
as well as continuing performance obligations. The Rules also indicate,
among other things, under what circumstances new allocations are made
to specialists and assignments are determined for SQTs.\6\ The process
for applying to be an RSQTO and applying for an assignment in options
as an RQST or SQT is set forth in Rule 507. All new applicants for
trading privileges will continue to be subject to the process for
assignment described in Rule 507. The Exchange considers all applicants
for assignment in options using the objective criteria set forth in
Exchange Rule 507(b). The objective criteria are used by the Exchange
in determining the most beneficial assignment of options for the
Exchange and the public. Approved RSQTs have certain electronic quoting
obligations via the Exchange's electronic quoting and trading system,
as well as restrictions, pertaining to the current market makers on the
Exchange.\7\ SQTs and RSQTs are subject to performance evaluations to
determine whether they have fulfilled performance standards relating
to, among other things, quality of markets, efficient quote submission
to the Exchange (including quotes submitted through a third party
vendor), competition among market makers, observance of ethical
standards, and administrative factors.\8\
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    \6\ See, e.g., Supplementary Material .01 to Rule 506
(specialist may not apply for a new allocation for a period of six
months after an option allocation was taken away from the specialist
in a disciplinary proceeding or an involuntary reallocation
proceeding). Specifically, Rule 507 discusses the process of
applying for approval as an RSQT or SQT on the Exchange and
assignment of options to them. Under Rule 507, RSQTOs are Exchange
member organizations while SQTs and RSQTs are Exchange members. Any
member organization of the Exchange in good standing that satisfies
the RSQTO readiness requirements will be approved as an RSQTO.
RSQTOs may also be referred to as Remote Market Maker Organizations
(``RMOs'') and RSQTs may also be referred to as Remote Market
Markers (``RMMs''). Rule 507(a). No limit is placed on the number of
member organizations that may become RSQTOs. Moreover, as many as
three RSQT applicants affiliated with an RSQTO may be approved as an
RSQT, to the extent that each such RSQT applicant is qualified as an
ROT in good standing, and satisfies the five readiness requirements
that are set out in Rule 507. There is no limit on the number of
qualifying ROTs that may be approved as RSQTs, as long as the
applicants are qualified as ROTs in good standing and satisfy the
readiness requirements. No limit is placed on the number of member
organizations that may become RSQTOs. Moreover, as many as three
RSQT applicants affiliated with an RSQTO may be approved as an RSQT,
to the extent that each such RSQT applicant is qualified as an ROT
in good standing, and satisfies the five readiness requirements that
are set out in Rule 507. There is no limit on the number of
qualifying ROTs that may be approved as RSQTs, as long as the
applicants are qualified as ROTs in good standing and satisfy the
readiness requirements.
    \7\ More than one RSQT may submit a quote in an assigned option,
to the extent that each RSQT applies for and is approved as an RSQT
affiliated with an RSQTO pursuant to Rule 507. See Rule 1014
(b)(ii)(B).
    \8\ See Rule 510.
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    The Exchange is not proposing to amend the process or procedure for
applying to act as a market maker on the Exchange nor the obligations
or performance evaluations that are conducted once appointed. The
Exchange proposes to amend Rule 507(a) to increase the number of RSQTs
that may be affiliated with an RSQTO from three to five RSTQs. The
Exchange initially selected three RSQTs when the concept of an RSQTO
was adopted because the Exchange believed that up to three RSQTs for
each RSQTO organization would strike a proper balance with respect to
the anticipated increase to support quoting and trading options in
light of competition. The RSQTO concept was initially adopted in
2013.\9\ At this time, the Exchange believes the number of RSQTs
affiliated with an RSQTO can be increased to allow up to five RSQTs to
be affiliated with an RSQTO, without a significant impact on message
traffic, while allowing increased competition. The Exchange has allowed
up to three RSQTs in the interim two years and at this time believes it
has the adequate

capacity to propose the increased number of RSQTs to quote. The
Exchange will continue to monitor the number of permitted RSQTs in
relation to its capacity. The Exchange notes that the Maximum Number of
Quoters (``MNQs'') refers to the maximum number of participants that
may be assigned in a particular equity option at any one time. The MNQ
level for options trading on the Exchange is 30 for all equity options
listed for trading on the Exchange.\10\ This rule change will not
impact the MNQ. Other options exchanges similarly impose higher limits
on the number of total members that may quote electronically.\11\ The
Exchange represents that it has the system capacity to continue to
support quoting and trading options subsequent to the effectiveness of
this proposal. The Exchange represents that it has an adequate
surveillance program in place for options that are quoted and traded on
the Exchange and intends to continue application of those program
procedures as necessary. Additionally, the Exchange is a member of the
Intermarket Surveillance Group (``ISG'') under the Intermarket
Surveillance Group Agreement, dated June 20, 1994. ISG members
coordinate surveillance and investigative information sharing for
equity and options markets. Moreover, futures exchanges are affiliated
members of the ISG, which allows for the sharing of surveillance
information for potential intermarket trading abuses.
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    \9\ See Securities and Exchange [sic] Release No. 68689 (January
25 [sic], 2013), 78 FR 5518 (January 18 [sic], 2013) (SR-Phlx-2013-
03).
    \10\ See Commentaries .01 to .05 to Rule 507.
    \11\ The Chicago Board Options Exchange Incorporated (``CBOE'')
imposes an upper limit on the aggregate number of Trading Permit
Holders that may quote electronically in each product during each
trading session (``Class Quoting Limit'' or ``CQL''). The DPM or
LMM(s) assigned to the product and Market-Makers who hold an
appointment in the product are entitled to quote electronically in
those products for as long as they maintain an appointment in those
products. All other Market-Makers that request the ability to submit
quotes electronically in the subject product will be entitled to
quote electronically in that product in the order in which they so
request provided the number of Trading Permit Holders quoting
electronically in the product does not exceed the CQL. When the
number of Trading Permit Holders in the product quoting
electronically equals the CQL, all other Trading Permit Holders
requesting the ability to quote electronically in that product will
be wait-listed in the order in which they submitted the request. The
CQL for products trading on the Hybrid Trading System is fifty (50).
See CBOE Rule 8.3A.
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    The Exchange believes that the proposed rule change increasing the
number of RSQTs that may be affiliated with RSQTOs will encourage
competition, create additional trading opportunities and outlets and
increase the depth of markets.
    The Exchange is also proposing to delete rule text in Rule 507
related to RSQTO conversions. The rule text was originally adopted to
provide guidance as to the initial manner and timeframe within which
members were required to notify the Exchange of the names of the
affiliated RSQTs. This language is no longer necessary and the Exchange
proposes to delete the rule text.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with section
6(b) of the Act \12\ in general, and furthers the objectives of section
6(b)(5) of the Act \13\ 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, by enabling a greater number of RSQTs to be affiliated with
an RSQTO.
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    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that this proposal does not engender unfair
discrimination among specialists, specialist units, SQTs and RSQTs.
This proposal to amend Rule 507 will be equally applicable to all
members and member organizations at the Exchange. Increasing the number
of RSQTs associated with an RSQTO is pro-competitive, because it adds
depth and liquidity to the Exchange's markets by permitting additional
participants to compete on the Exchange.
    The Exchange believes that deleting the language concerning the
RSQTO conversion period, which was initially implemented to provide a
timeframe to permit member organizations to provide notification to the
Exchange of up to three affiliated RSQTs, will clarify the Rule text by
removing this language which is no longer necessary and is outdated.

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 not necessary or appropriate in
furtherance of the purposes of the Act. To the contrary, the proposal
further promotes intra-market competition on the Exchange which should
lead to tighter, more efficient markets to the benefit of market
participants including public investors that engage in trading and
hedging on the Exchange, and thereby make the Exchange a desirable
market as compared to other options exchanges and therefore promoted
inter-market competition.

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

    No written comments were either solicited or received.

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)(ii) [sic] of the Act \14\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\15\
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    \14\ 15 U.S.C. 78s(b)(3)(a)(ii).
    \15\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file 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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    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-Phlx-2015-15 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-Phlx-2015-15. 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 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-Phlx-2015-15, and should be
submitted on or before March 13, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2015-03517 Filed 2-19-15; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 5 (Wednesday, January 8, 2020)]
[Rules and Regulations]
[Pages 834-837]
[FR Doc No: 2019-28219]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 58

[EPA-HQ-OAR-2019-0137; FRL-10003-87-OAR]
RIN 2060-AU38

Extension of Start Date for Revised Photochemical Assessment
Monitoring Stations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA is delaying the start date for the revised
Photochemical Assessment Monitoring Stations (PAMS) monitoring site
network established in EPA regulations. This final action extends the
start date from June 1, 2019, to June 1, 2021. The revision gives
states two additional years to acquire the necessary equipment and
expertise needed to successfully make the required PAMS measurements by
the start of the 2021 PAMS season.

DATES: This final rule is effective on February 7, 2020.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OAR-2019-0137. All documents in the docket are
listed on the http://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
confidential business information (CBI) or other information whose
disclosure is restricted by statue. 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 electronically through http://www.regulations.gov, or in hard copy at the EPA Docket Center, EPA WJC
West Building, Room Number 3334, 1301 Constitution Ave. NW, Washington,
DC. The Public Reading Room hours of operation are 8:30 a.m. to 4:30
p.m. Eastern Standard Time (EST), Monday through Friday. The telephone
number for the Public Reading Room is<PHONE_NUMBER>, and the telephone
number for the Docket Center is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: For questions about this final action,
contact Kevin Cavender, Air Quality Analysis Division (C304-06), Office
of Air Quality Planning and Standards, U.S. Environmental Protection
Agency, Research Triangle Park, North Carolina 27711; telephone number:
(919) 541-2364; fax number:<PHONE_NUMBER>; and email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. General Information
    A. Does this action apply to me?
    B. Where can I get a copy of this document and other related
information?
    C. Judicial Review
II. Background
III. What actions did we propose?
IV. What comments did we receive?
V. What actions are we taking in this final rule?
VI. What are the impacts of the actions taken in this final rule?
VII. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Executive Order 13771: Reducing Regulation and Controlling
Regulatory Costs
    C. Paperwork Reduction Act (PRA)
    D. Regulatory Flexibility Act (RFA)
    E. Unfunded Mandates Reform Act (UMRA)
    F. Executive Order 13132: Federalism
    G. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
    H. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
    I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
    J. National Technology Transfer and Advancement Act (NTTAA)
    K. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
    L. Congressional Review Act (CRA)

I. General Information

A. Does this action apply to me?

    Table 1 of this preamble identifies the entities potentially
affected by this action. This table is not intended to be exhaustive,
but rather provides a guide for readers regarding entities likely to be
regulated by this action. This table lists the types of entities that
EPA is now aware could potentially be regulated by this action. Other
types of entities not listed in the table could also be regulated. If
you have questions regarding the applicability of this action to a
particular entity, consult the person listed in the FOR FURTHER
INFORMATION CONTACT section.

           Table 1--Source Categories Affected by This Action
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                                                    Examples of affected
          Source category           NAICS \1\ code         sources
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State, local, and tribal                    924119  Administration of
 government agencies.                                air and water
                                                     resource and solid
                                                     waste management
                                                     programs.
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\1\ North American Industry Classification System.

B. Where can I get a copy of this document and other related
information?

    In addition to being available in the docket, an electronic copy of
this final action, along with key technical documents, is available on
the internet at https://www.epa.gov/amtic/monitoring-regulations.

C. Judicial Review

    Under Clean Air Act (CAA) section 307(b)(1), judicial review of
this final action is available only by filing a petition for review in
the United States Court of Appeals for the District of Columbia Circuit
by March 9, 2020. Under CAA section 307(b)(2), the requirements
established by this final rule may not be challenged separately in any
civil or criminal proceedings brought by the EPA to enforce the
requirements.

II. Background

    The EPA PAMS program was promulgated in the early 1990s to meet the
requirements of Section 182(c)(1) of the Clean Air Act (CAA) and in
response to the recommendations of the National Academy of Sciences
(NAS) report required by CAA Section 185B.\1\ The regulations
establishing the requirements of the PAMS program are in 40 CFR part
58, appendix D. Significant revisions to these requirements were made
as part of the 2015 Ozone National Ambient Air Quality Standards
(NAAQS) review. See 80 FR 65292, 65420-30 (Oct. 26, 2015). The revised
PAMS requirements call for ozone precursor measurements to be made
during the 3-month PAMS season (June, July, and August) at existing
NCore sites \2\ in core-based statistical areas (CBSA) with a
population of one million or more (a multi-pollutant monitoring network
also required in 40 CFR part 58). These sites are referred to as
``required PAMS sites.'' The main objective of the required PAMS sites
is to develop a database of ozone precursors and meteorological
measurements to support ozone model development and track the trends of
important ozone precursor concentrations. In addition to the required
PAMS sites, the revised PAMS requirements also call for each state with
nonattainment areas classified as Moderate (or above) for any ozone
NAAQS and states in the Ozone Transport Region to develop and implement
an Enhanced Monitoring Plan (EMP). The objective of EMPs is to better
understand ozone formation in specific areas through enhanced ozone and
ozone precursor monitoring activities.
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    \1\ Section 182(c)(1) of the Clean Air Act (CAA), 42 U.S.C.
7511a, requires the Administrator to promulgate rules for enhanced
monitoring of ozone, oxides of nitrogen and volatile organic
compounds for areas classified as serious (or above) in order to
obtain more comprehensive and representative data on ozone air
pollution. CAA Section 185B required the EPA to work with the
National Academy of Sciences to conduct a study on the role of ozone
precursors in tropospheric ozone formation and control. CAA sections
110(a)(2)(B), 114 and 319 also address monitoring requirements and
authorize the Administrator to require monitoring and to promulgate
regulations defining monitoring obligations. In addition, section
301 gives the Administrator authority to prescribe such regulations
as are necessary to allow him to carry out his functions under the
CAA.
    \2\ NCore sites are National Core multi-pollutant monitoring
stations. See 40 CFR 58.1.
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    The revised PAMS requirements reduced the number of required PAMS
sites (from 75 to 43) while improving spatial distribution. Of the 43
required PAMS sites, 16 were existing PAMS sites and 27 are new PAMS
sites. While the new PAMS requirements leverage the existing NCore
network and infrastructure providing significant long-term cost
savings, many states (including those with existing PAMS sites due to
the age of the existing equipment) need to install new equipment to
comply with the revised PAMS requirements (e.g., automated gas
chromatographs (auto-GCs) to measure hourly volatile organic compounds
(VOCs), true NO2 analyzers, ceilometers (to measure mixing
height), rain gauges, solar radiation sensors, and support equipment).
    In revising the PAMS requirements, the EPA ``recognize[d] that the
changes to the PAMS requirements will require resources and a
reasonable timeline in order to be successfully implemented.'' 80 FR
65428. ``The PAMS program,'' the EPA explained, ``is funded, in part,
as part of the EPA's section 105 grants.'' \3\ Id. At the time of the
2015 PAMS revisions, ``EPA believe[d] that the current national funding
level of the PAMS program [was] sufficient to support these final
changes . . . .'' Id. Additionally, the EPA explained that monitoring
agencies would need time ``to make capital investments (primarily for
the installation of auto-GCs, NO2 monitors, and
ceilometers), prepare appropriate [Quality Assurance] documents, and
develop the expertise needed to successfully collect PAMS measurements
via training or otherwise.'' Id.
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    \3\ Section 105 grants are provided through the State and Tribal
Air Grant (STAG) funds.
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    Prior to this final action, the revised PAMS requirements required
states to start making PAMS measurements by June 1, 2019. To assist
states in acquiring the necessary equipment, the EPA has been working
on national contracts \4\ to provide much of the needed equipment for
making PAMS measurements--specifically contracts for auto-GCs,
ceilometers, and true NO2 analyzers. The EPA informed the
states of its intent to make the national contracts available to them
for the purchase of the listed PAMS equipment during numerous meetings,
conferences, and workgroup calls (See docket items EPA-HQ-2019-0137-
0001, EPA-HQ-2019-0137-0001, and EPA-HQ-2019-0137-0001 for examples of
these communications). Due to budget constraints \5\ and delays in
EPA's contracting process, many of the states relying on the national
contracts for equipment did not have all the necessary equipment in
time for the start date. However, the EPA has obtained some of the
necessary PAMS equipment, which has been delivered to participating
states. At the time of this final action, roughly two thirds of the
sites have received and are operating auto-GCs but only one third of
the sites will have the ceilometer and true NO2 analyzers in
2019. Sites will need all of the equipment, however, to satisfy all of
the PAMS requirements. The EPA is currently working on a national
contract to purchase the remaining auto-GCs, but the remaining auto-GCs
were not available by the June 1, 2019 start date. Moreover, once the
remaining auto-GCs are delivered, states will need adequate time to
install the new devices and develop the expertise to successfully
collect PAMS measurements. The EPA is also working on a national
contract to purchase the true NO2 analyzers and ceilometers.
That contract will not be funded until 2020 and the states will

not receive that equipment until the summer of 2020.
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    \4\ The EPA assists states by negotiating and awarding national
contracts for ambient air sampling and analysis services and large-
scale monitoring equipment and supplies for efficiency and
consistency in the monitoring networks. National contracts provide
many benefits to EPA and the states, including simplified
acquisition, national consistency, and sometimes better pricing
options. For large-scale equipment contracts, the EPA coordinates
closely with state monitoring agencies to determine interest before
pursuing actual contracting vehicles. For those states planning to
use the national contracts for PAMS equipment, the EPA will purchase
the equipment using STAG funds on behalf of the state and have the
equipment delivered directly to the state.
    \5\ The EPA is using STAG funds to purchase equipment on behalf
of participating states under the national contracts. Approximately
$8 million dollars was estimated to be needed to purchase the
equipment. To minimize disruption to existing initiatives being
funded by STAG, the EPA set aside $2 million in STAG funds per year
over Fiscal Years 2017, 2018, 2019, and 2020 to fund the purchases
of the new equipment on a rolling basis (i.e., when a contract is
established and equipment can be purchased).
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III. What actions did we propose?

    In light of the delays in acquiring necessary equipment and the
need for a reasonable training period to become proficient with new
equipment, the EPA proposed (84 FR 25221) to extend the start date for
required PAMS monitoring until the beginning of the PAMS season in 2021
(i.e., June 1, 2021). The delays in the national contracts do not
impact the state driven EMPs, and as such, we did not propose any
change to the current EMP date.
    In the proposal, the EPA also took comment on whether the start
date should be extended only for sites that have not received the
necessary equipment and considered two alternative options. Under the
first alternative, the EPA would require each remaining site to begin
measurements once all of the necessary equipment has been delivered
(and taking into account a reasonable training period), rather than
having a uniform start date for all sites. Under the second
alternative, the EPA would require sites to begin measurements as the
necessary equipment has been delivered (and taking into account a
reasonable training period).

IV. What comments did we receive?

    The EPA received seven comments on the proposed extension. Six
comments were from state or local monitoring agencies affected by the
PAMS requirements. The seventh comment was from a trade organization
for state and local monitoring agencies. All commenters supported
extending the PAMS start date to June 1, 2021, and no comments were
received in support of the alternative options the EPA requested
comment on. One commenter stated that ``the start date for the PAMS
network was unattainable because of a lack of funding for equipment and
the national contract equipment delays'' and urged the EPA to
``maintain the uniform start-up extension date of June 1, 2021 for all
PAMS sites.'' Another commenter stated that ``due to the lack of
critical funding, equipment procurement, and training, the two-year
timeline extension proposed in this rule makes sense and should be
finalized uniformly nationwide.'' Another commenter stated, ``a blanket
extension is the most straightforward way to address the problem and
would provide the most certainty for state and local agencies.''

V. What action are we taking in this final rule?

    For the reasons discussed in this preamble and in consideration of
the comments received, the EPA is extending the PAMS start date by two
years to June 1, 2021, as proposed. Many of the states relying on the
EPA's assistance in acquiring equipment for the required PAMS sites did
not have all the necessary equipment by June 1, 2019. In addition, many
states are new to making PAMS measurements and will need time to become
proficient with the equipment after it has been delivered. For these
reasons, EPA has concluded that it is appropriate to extend the start
date for required PAMS monitoring for all sites until the start of the
PAMS season following the delivery of the remaining PAMS equipment.
Based on current expectations, the last equipment will be delivered in
the summer of 2020. Accordingly, the EPA is extending the start date
for required PAMS monitoring to June 1, 2021.
    This extension will provide state and local monitoring agencies the
necessary time to acquire, install, and become proficient with the
necessary equipment to make PAMS measurements. The EPA agrees with the
commenters that a blanket two-year extension provides more clarity and
certainty for the monitoring agencies and will reduce confusion as
compared to the options on which EPA sought comment. The agencies
cannot be certain when they will receive the necessary equipment and it
would be difficult for agencies to plan for and coordinate the start of
sampling with staggered start dates that are not yet known. EPA thus
decided to finalize the blanket two-year extension as proposed instead
of the alternatives that would have created staggered start dates based
on when equipment is delivered.

VI. What are the impacts of the actions taken in this final rule?

    As stated above, the main objective of the PAMS program is to
develop a database of ozone precursors and meteorological measurements
to support ozone model development and track the trends of important
ozone precursor concentrations. The EPA and other scientists use the
data collected from the PAMS network to develop, evaluate, and improve
ozone models. The delay in PAMS implementation will reduce the amount
of precursor and meteorological data available from the PAMS season in
2019 and 2020. Nevertheless, sites which have already received the
necessary equipment will likely begin making PAMS measurements as soon
as possible, and as such, about two thirds of the required PAMS sites
may begin making speciated VOC measurements in 2019, with the remaining
third beginning to make speciated VOC measurements in 2020. One-third
of the sites will have the ceilometer and true NO2 analyzers
in 2019, with the remainder receiving the equipment in fiscal year
2020. In addition, many of the required PAMS measurements are already
being made at these sites as part of the NCore network, including
ozone, total reactive nitrogen (NOy), and several meteorological
measurements. Accordingly, while not a complete data set, PAMS data
users will have much of the data necessary to develop, evaluate, and
improve ozone models regardless of the delay in the start date for
required PAMS monitoring.

VII. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive orders
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was,
therefore, not submitted to the Office of Management and Budget (OMB)
for review.

B. Executive Order 13771: Reducing Regulation and Controlling
Regulatory Costs

    This action is considered an Executive Order 13771 deregulatory
action. This final rule provides meaningful burden reduction by giving
states 2 additional years to begin PAMS monitoring. A 2-year delay in
the required PAMS site start date will result in cost savings for the
network due to a savings in operating costs for those measurements not
being made during the delay.

C. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden
under the PRA. OMB has previously approved the information collection
activities contained in the existing regulations and has assigned OMB
control number 2060-0084. The burden associated with conducting and
reporting PAMS monitoring data has been fully incorporated into the
Ambient Air Quality Surveillance Information Collection Request.

D. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. In
making this determination, the impact of concern is any significant
adverse economic impact on small entities. An agency may certify that a
rule will not have a significant economic impact on a substantial
number of small entities if the rule relieves regulatory burden, has no
net burden or otherwise has a positive economic effect on the small
entities subject to the rule. This final action would reduce burden on
the affected state and local monitoring agencies by delaying
implementation and the associated costs of PAMS monitoring by 2 years.
We have, therefore, concluded that this action will relieve regulatory
burden for all directly regulated small entities.

E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. The action imposes no enforceable duty on any state,
local or tribal governments or the private sector.

F. Executive Order 13132: Federalism

    This action does not have federalism implications. It will 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.

G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications, as specified in
Executive Order 13175. This action only applies to state and local
monitoring agencies operating NCore monitoring sites in Core Based
Statistical Areas of 1,000,000 people or more. No tribal governments
will be subject to the PAMS monitoring requirements. Thus, Executive
Order 13175 does not apply to this action.

H. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive order. This action is not subject to
Executive Order 13045 because it does not concern an environmental
health risk or safety risk.

I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.

J. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

K. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    The EPA believes that this action is not subject to Executive Order
12898 (59 FR 7629, February 16, 1994) because it does not establish an
environmental health or safety standard.

L. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).

List of Subjects in 40 CFR Part 58

    Ambient air monitoring, Ozone, Photochemical assessment monitoring
stations, Precursor monitoring.

    Dated: December 20, 2019.
Andrew R. Wheeler,
Administrator.

    For the reasons stated in the preamble, the Environmental
Protection Agency is amending part 58 of title 40, chapter I, of the
Code of Federal Regulations as follows:

PART 58--AMBIENT AIR QUALITY SURVEILLANCE

0
1. The authority citation for part 58 continues to read as follows:

    Authority: 42 U.S.C. 7403, 7405, 7410, 7414, 7601, 7611, 7614,
and 7619.

0
2. Section 58.13 is amended by revising paragraph (h) to read as
follows:

Sec.  58.13  Monitoring network completion.

* * * * *
    (h) The Photochemical Assessment Monitoring sites required under
appendix D of this part, section 5(a), must be physically established
and operating under all of the requirements of this part, including the
requirements of appendix A, C, D, and E of this part, no later than
June 1, 2021.

[FR Doc. 2019-28219 Filed 1-7-20; 8:45 am]
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[Federal Register: July 6, 2007 (Volume 72, Number 129)]
[Notices]
[Page 37015-37016]
[DOCID:fr06jy07-68]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2007-0432; FRL-8134-4]

(E,E)-9,11-Tetradecadien-1-yl Acetate; Receipt of Application for
Emergency Exemption, and Solicitation of Public Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: EPA has received a quarantine exemption request from the
United States Department of Agriculture/Animal and Plant Health
Inspection Service (USDA/APHIS) to use the pesticide (E,E)-9,11-
tetradecadien-1-yl acetate (CAS No. 30562-09-5) to treat host plants to
control the Light Brown Apple Moth (LBAM). The Applicant proposes the
use of a new chemical which has not been registered by EPA. Due to the
unique nature of this emergency situation, in which the time to review
the conditions of this situation was short, it was not possible to
issue a solicitation for public comment, in accordance with 40 CFR
166.24, prior to the Agency's decision to grant these exemptions.

DATES: EPA is waiving the public comment period, as allowed in 40 CFR
166.24, due to the short period of time available with which to review
this situation and render a timely decision. However, comments may
still be submitted and will be evaluated.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2007-0432, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket Facility telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2007-0432. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information

provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The Federal regulations.gov website is an ``anonymous access''
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through
regulations.gov, your e-mail address will be automatically captured and
included as part of the comment that is placed in the docket and made
available on the Internet. If you submit an electronic comment, EPA
recommends that you include your name and other contact information in
the body of your comment and with any disk or CD-ROM you submit. 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: All documents in the docket are listed in the docket index
available in regulations.gov. To access the electronic docket, go to
http://www.regulations.gov, select ``Advanced Search,'' then ``Docket

Search.'' Insert the docket ID number where indicated and select the
``Submit'' button. Follow the instructions on the regulations.gov web
site to view the docket index or access available documents. Although
listed in the index, some information is not publicly available, e.g.,
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 in the
electronic docket at http://www.regulations.gov, or, if only available

in hard copy, at the OPP Regulatory Public Docket in Rm. S-4400, One
Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The
hours of operation of this Docket Facility are from 8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays. The Docket
Facility telephone number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Andrew Ertman, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. To determine
whether you or your business may be affected by this action, you should
carefully examine the applicability of the provisions discussed above.
If you have any questions regarding the applicability of this action to
a particular entity, consult the person listed under FOR FURTHER
INFORMATION CONTACT.

B. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through

http://www.regulations.gov or e-mail. Clearly mark the part or all of the

information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.

II. What Action is the Agency Taking?

    Under section 18 of the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA) (7 U.S.C. 136p), at the discretion of the
Administrator, a Federal or State agency may be exempted from any
provision of FIFRA if the Administrator determines that emergency
conditions exist which require the exemption. USDA/APHIS has requested
the Administrator to issue a quarantine exemption for the use of (E,E)-
9,11-tetradecadien-1-yl acetate on host plants to control the LBAM.
Information in accordance with 40 CFR part 166 was submitted as part of
this request.
    As part of this request, the Applicant asserts that requested
chemical is needed as part of a quarantine program to eradicate the
LBAM. The LBAM destroys, stunts, or deforms young seedlings, spoils the
appearance of ornamental plants, and injures deciduous fruit-tree
crops, citrus, and grapes. LBAM has the potential to cause significant
economic losses due to increased production costs and the possible loss
of international and domestic markets. The impact on production costs
for LBAM hosts may exceed $100 million in the state of California.
    The Applicant proposes to place the pheromone dispensers in tree
crops and field crops. Dispensers are to be applied uniformly
throughout the treated acreage to obtain a reduction in mating. Between
200 to 300 dispensers should be used per acre.
    This notice does not constitute a decision by EPA on the
application itself. The regulations governing section 18 of FIFRA
require publication of a notice of receipt of an application for a
specific exemption proposing use of a new chemical (i.e., an active
ingredient) which has not been registered by EPA. The notice provides
an opportunity for public comment on the application.
    EPA is waiving the public comment period, as allowed in 40 CFR
166.24, due to the short period of time available with which to review
this situation and render a timely decision. However, comments may
still be submitted and will be evaluated.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: June 22, 2007.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. E7-12872 Filed 7-5-07; 8:45 am]

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