will provide notice to the broker or freight forwarder that it has 7
business days to provide evidence to FMCSA that the surety or trust has
been replenished. If it does not provide such notice, FMCSA will
suspend that broker or freight forwarder's operating authority
registration.
    A drawdown would be defined as a situation where one of the
following occurs: (1) a broker or freight forwarder consents to the
drawdown and the instrument value drops below $75,000; (2) a broker or
freight forwarder does not respond to adequate notice of a claim by a
surety or trust fund provider, the surety or trust provider pays the
claim, and the instrument value drops below $75,000; or (3) a claim is
reduced to a judgment, the surety or trust fund provider pays the
judgment and the instrument value drops below $75,000.
    This proposal also requires that FMCSA provide the broker or
freight forwarder notice of the pending suspension and give it 7
business days to replenish the funds. If it does not replenish the
funds, the broker's or freight forwarder's registration will be
suspended via second notice. FMCSA believes that 7 business days gives
the broker or freight forwarder reasonable time to replenish the surety
bond or trust account, while also implementing Congress's mandate that
broker or freight forwarder operating authority registration be
immediately suspended in the event the broker/forwarder's financial
security falls below $75,000.

Surety or Trust Responsibilities in Cases of Broker/Freight Forwarder
Financial Failure or Insolvency

    FMCSA proposes to define financial failure or insolvency as a
bankruptcy filing or State insolvency filing. If there is a financial
failure or an insolvency of the broker or freight forwarder and the
surety or trustee is notified of the bankruptcy or insolvency filing,
then the surety or trustee must notify FMCSA of the filing and initiate
cancellation of financial responsibility. After considering responses
to the ANPRM, FMCSA more fully appreciates the value of an objective
test of financial failure or insolvency such as a bankruptcy or
insolvency filing.\8\ This approach will minimize disputes and allow
for efficient implementation of this statutory provision. The agency
also notes that Congress defined a similar term ``insolvent'' in the
bankruptcy code at 11 U.S.C. 101(32). Given that similar

term's placement in the Bankruptcy Code, it is appropriate to use
bankruptcy law to define ``financial failure or insolvency'' in the
implementation of the MAP-21 provisions.
---------------------------------------------------------------------------

    \8\ See comments of the Surety & Fidelity Association of
America, available in the docket at https://www.regulations.gov/document/FMCSA-2016-0102-0022.
---------------------------------------------------------------------------

    Consistent with FMCSA's primary safety mandate, the agency seeks to
implement this statute in a way that involves clear guidelines for
surety and trust providers with minimal agency involvement is. FMCSA
believes this proposal accomplishes that goal. To the extent that
brokers, sureties, or trustees are concerned about the bankruptcy
implications of this approach, FMCSA recognizes that those entities may
need to seek relief from the bankruptcy court to take action on the
BMC-84 or BMC-85 instruments in the event of a bankruptcy. Given that a
formal bankruptcy or insolvency filing is required, FMCSA expects few
instances where this portion of the NPRM will be triggered.
    Further, MAP-21 requires that sureties or trustees ``publicly
advertise'' for claims in the event of a broker or freight forwarder
financial failure or insolvency. FMCSA proposes that once the surety or
trustee has notified FMCSA of the financial failure or insolvency, it
will have met its statutory mandate to ``publicly advertise.'' FMCSA
will help ensure that claimants are aware of the claims filing period
by posting notice of the claims period on the FMCSA Register on its
website. All claims will need to be filed directly with the surety or
trustee.

Enforcement Authority

    FMCSA proposes to implement MAP-21's surety provider suspension
authority provision by providing notice of suspension to the surety or
trust fund provider, allowing 30 calendar days (extended to the next
business day if the final day of the period falls on a weekend or
Federal holiday) for the surety or trust provider to respond, before
the agency makes a final decision.
    FMCSA proposes to add language to 49 CFR part 386 to address civil
penalties authorized by 49 U.S.C. 13906(b) and (c) as well.

VIII. Section-by-Section Analysis

    This section includes a summary of the proposed changes to 49 CFR
parts 386 and 387. The regulatory changes proposed are discussed in
numerical order.

Appendix B to Part 386--Penalty Schedule: Violations and Monetary
Penalties

    In Appendix B to part 386, a new paragraph (g)(24) would be added
to highlight the monetary penalty for which a surety company or
financial institution found in violation of 49 U.S.C. 13906 or Sec.
387.307 would be liable.

Section 387.307 Property Broker Surety Bond or Trust Fund

    In Sec.  387.307(b), a new standard for trust funds allowed under
the section would be added. Existing paragraph (c)(7) would be removed
and existing paragraph (c)(8) would be renumbered as paragraph (c)(7).
New paragraphs (e), (f), and (g) would be added.
    Paragraph (e) would set out the triggers and procedures for
immediate suspension of a broker. The paragraph would establish the
role of the surety provider or financial institution, FMCSA, and the
broker.
    Paragraph (f) would set out procedures and responsibilities for a
surety company or a financial institution and FMCSA following financial
failure or insolvency of a broker. A financial failure or insolvency of
a broker would be defined as a filing related to the broker pursuant to
Title 11 of the United States Code or a filing related to the broker
under an insolvency or similar proceeding under State law.
    Paragraph (g) would set out procedures concerning suspension of a
surety company or financial institution's ability to file evidence of
financial responsibility with FMCSA and FMCSA's role in that action.
Penalties for violation of the requirements of this section or
subsection (b) of Title 49, section 13906 U.S.C. would be established.

IX. Regulatory Analyses

A. Executive Order (E.O.) 12866 (Regulatory Planning and Review), E.O.
13563 (Improving Regulation and Regulatory Review), and DOT Regulatory
Policies and Procedures

    The Office of Information and Regulatory Affairs (OIRA) determined
that this rulemaking is not a significant regulatory action under
section 3(f) of E.O. 12866 (58 FR 51735, Oct. 4, 1993), Regulatory
Planning and Review, as supplemented by E.O. 13563 (76 FR 3821, Jan.
21, 2011), Improving Regulation and Regulatory Review and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. This rule is also not significant within the
meaning of DOT regulations (49 CFR 5.13(a)). Accordingly, the Office of
Management and Budget has not reviewed it under these Orders. A draft
regulatory impact analysis is available in the docket. That document:
     Identifies the problem targeted by this rulemaking,
including a statement of the need for the action.
     Defines the scope and parameters of the analysis.
     Defines the baseline.
     Defines and evaluates the costs and benefits of the
action.
    Copies of the full analysis are available in the docket or by
contacting the person listed under FOR FURTHER INFORMATION CONTACT.
Summary of Estimated Costs
    Brokers and freight forwarders, surety bond and trust fund
providers, and the Federal Government would incur costs for compliance
and implementation. The quantified costs of the proposed rule include
notification costs related to a drawdown on a surety bond or trust
fund, and immediate suspension proceedings, FMCSA costs to hire new
personnel, and costs associated with the development and maintenance of
the BMC-84/85 Filing and Management IT System. FMCSA estimates that the
10-year cost of the proposed rule would total $5.4 million on an
undiscounted basis, $3.8 million discounted at 7 percent, and $4.6
million discounted at 3 percent (all in 2020 dollars). The annualized
cost of the rule would be $545,505 discounted at 7 percent and $542,343
at 3 percent. Ninety-eight percent of the costs would be incurred by
the Federal Government.
Summary of Estimated Benefits
    This proposed rule would result in benefits to motor carriers
amounting to a decrease in the claims that go unpaid. FMCSA expects
this result for a number of reasons. First, FMCSA proposes to
immediately suspend brokers that do not respond following a drawdown on
their financial security. This step should alleviate broker non-payment
issues as financially insecure brokers would have less time to run up
claims they may never pay, while operating lawfully. Building the BMC-
84/85 Filing Management System would efficiently exchange information
between motor carriers, brokers, financial responsibility providers,
and FMCSA, thereby reducing the information asymmetry concerns
associated with broker and carrier transactions. Given a lack of data,
FMCSA is unable to quantify benefits resulting from this rule, but
qualitatively discusses benefits directly

related to three provisions in the regulatory impact analysis.
    FMCSA cannot directly estimate an impact on safety resulting from
the proposal. OOIDA \9\ contends that broker non-payment of claims
causes smaller carriers to defer maintenance on their vehicles or ``run
harder until they make up the shortfall,'' both resulting in unsafe
driving practices.\10\ TIA contends that ``small carriers and owner-
operators often operate on thin financial margins and need the revenue
from every load to maintain their equipment so that it meets
roadworthiness and safety requirements. If they are not paid, necessary
maintenance and repairs may be put off or ignored because of the
reduced cash flow.'' If the proposal is finalized, carriers would have
more information to avoid contracting with unscrupulous brokers and
would also receive payment for work completed in a timelier manner,
without use of interpleader proceedings. Both of these outcomes could
lead to an increase in safety if motor carriers choose to use these
resources to further their safety focus.
---------------------------------------------------------------------------

    \9\ This comment is available in the docket at https://www.regulations.gov/document/FMCSA-2016-0102-0076.
    \10\ TIA also references potential safety benefits of this
rulemaking, available in the docket at https://www.regulations.gov/document/FMCSA-2016-0102-0032.
---------------------------------------------------------------------------

B. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801-808), the
Office of Information and Regulatory Affairs (OIRA) designated this
rule as not a ``major rule.'' \11\
---------------------------------------------------------------------------

    \11\ A ``major rule'' means any rule that the OMB finds has
resulted in or is likely to result in (a) an annual effect on the
economy of $100 million or more; (b) a major increase in costs or
prices for consumers, individual industries, geographic regions,
Federal, State, or local government agencies; or (c) significant
adverse effects on competition, employment, investment,
productivity, innovation, or on the ability of United States-based
enterprises to compete with foreign-based enterprises in domestic
and export markets (49 CFR 389.3).
---------------------------------------------------------------------------

C. Advance Notice of Proposed Rulemaking

    Under 49 U.S.C. 31136(g), FMCSA is required to publish an ANPRM or
proceed with a negotiated rulemaking, if a proposed rule is likely to
lead to the promulgation of a major rule. However, this requirement
does not extend to rulemakings promulgated under the agency's
jurisdiction pursuant to 49 U.S.C. 13501 or 13531, which are the basis
of this rulemaking. Nonetheless, on September 27, 2018, FMCSA
voluntarily published an ANPRM (83 FR 48779).

D. Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980, Public Law 96-354, 94 Stat.
1164 (5 U.S.C. 601-612), as amended by the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub. L. 104-121, 110 Stat. 857, Mar.
29, 1996) and the Small Business Jobs Act of 2010 (Pub. L. 111-240, 124
Stat. 2504, Sept. 27, 2010), requires Federal agencies to consider the
effects of the regulatory action on small business and other small
entities and to minimize any significant economic impact. The term
``small entities'' comprises small businesses and not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields, and governmental jurisdictions with
populations of less than 50,000. Accordingly, DOT policy requires an
analysis of the impact of all regulations on small entities, and
mandates that agencies strive to lessen any adverse effects on these
businesses. FMCSA has not determined whether this proposed rule would
have a significant economic impact on a substantial number of small
entities. Therefore, FMCSA is publishing this initial regulatory
flexibility analysis (IRFA) to aid the public in commenting on the
potential small business impacts of the proposals in this NPRM. We
invite all interested parties to submit data and information regarding
the potential economic impact that would result from adoption of the
proposals in this NPRM. We will consider all comments received in the
public comment process when making a determination in the Final
Regulatory Flexibility Assessment.
    An IRFA must contain the following:
    1. A description of the reasons why the action by the agency is
being considered;
    2. A succinct statement of the objective of, and legal basis for,
the proposed rule;
    3. A description of and, where feasible, an estimate of the number
of small entities to which the proposed rule will apply;
    4. A description of the projected reporting, recordkeeping, and
other compliance requirements of the proposed rule, including an
estimate of the classes of small entities which will be subject to the
requirement and the type of professional skills necessary for
preparation of the report or record;
    5. An identification, to the extent practicable, of all relevant
Federal rules that may duplicate, overlap, or conflict with the
proposed rule; and
    6. A description of any significant alternatives to the proposed
rule which accomplish the stated objectives of applicable statutes and
which minimize any significant economic impact of the proposed rule on
small entities.
Why the Action by the Agency Is Being Considered
    In 2012, Congress enacted MAP-21, specifically, section 32918,
which contained requirements for the financial security of brokers and
freight forwarders that amended 49 U.S.C. 13906. FMCSA proposes
modifications to broker and freight forwarder financial responsibility
requirements in accordance with the MAP-21 mandate. On September 27,
2018, FMCSA published an ANPRM (83 FR 48779) saying that the agency was
considering changes or additions to eight separate areas: Group surety
bonds/trust funds, assets readily available, immediate suspension of
broker/freight forwarder operating authority, surety or trust
responsibilities in cases of broker/freight forwarder financial failure
or insolvency, enforcement authority, entities eligible to provide
trust funds for form BMC-85 trust fund filings, Form BMC-84 and BMC-85
trust fund revisions, and HHG.
The Objectives of and Legal Basis for the Proposed Rule
    In 2012, Congress enacted section 32918 of MAP-21, which contained
requirements for the financial security of brokers and freight
forwarders, amending 49 U.S.C. 13906. Congress mandated that the agency
issue a rulemaking to implement the new statutory requirements MAP-21
section 32918(b). Congress mandated that FMCSA conduct rulemaking to
implement the statutory changes. The objective of this rulemaking is to
complete the implementation of Congress's directive and to help ensure
that motor carriers are paid for the services they provide for brokers
and freight forwarders.
A Description of, and Where Feasible an Estimate of, the Number of
Small Entities to Which the Proposed Rule Will Apply
    Small entity is defined in 5 U.S.C. 601. Section 601(3) as having
the same meaning as small business concern under Section 3 of the Small
Business Act. This includes any small business concern that is
independently owned and operated and is not dominant in its field of
operation. Section 601(4) includes within the definition of small
entities not-for-profit enterprises that are independently owned and
operated and are not dominant in their fields of operation. In
addition, Section 601(5)

defines small entities as governments of cities, counties, towns,
townships, villages, school districts, or special districts with
populations less than 50,000.
    This proposed rule would affect financial responsibility providers,
brokers, and freight forwarders.
    The financial responsibility providers that would be affected by
this proposed rule operate under many different North American Industry
Classification System \12\ (NAICS) codes with differing size standards.
Additionally, the financial responsibility providers that would be
affected by the rule are a subset of the entities within these codes.
Many of the entities operating under these NAICS codes have various
functions that do not include providing financial responsibility to
brokers or freight forwarders. In providing a wide range of NAICS codes
in the finance and insurance sectors, FMCSA believes it captures
financial responsibility providers who perform various other functions.
Table 2, below, shows the Small Business Administration (SBA) size
standards for finance and insurance, which ranges from $8 million in
revenue per year for insurance agencies and brokerages, to $600 million
in revenue per year for commercial banking.
---------------------------------------------------------------------------

    \12\ More information about NAICS is available at: (accessed
June 29, 2022).
---------------------------------------------------------------------------

    Brokers and freight forwarders operate in the transportation sector
under the NAICS code 48851. As shown in Table 2, the SBA size standard
for freight transportation arrangement is $16.5 million in revenue.

           Table 2--SBA Size Standards for Selected Industries
                         [In millions of 2019$]
------------------------------------------------------------------------
                                                             SBA size
        NAICS code           NAICS industry description      standard
------------------------------------------------------------------------
       Subsector 522--Credit Intermediation and Related Activities
------------------------------------------------------------------------
52211....................  Commercial Banking...........            $600
52229....................  All Other Nondepository                  41.5
                            Credit Intermediation.
------------------------------------------------------------------------
   Subsector 523--Securities, Commodity Contracts, and Other Financial
                   Investments and Related Activities
------------------------------------------------------------------------
52312....................  Securities Brokerage.........            41.5
52313....................  Commodity Contracts Dealing..            41.5
52314....................  Commodity Contracts Brokerage            41.5
52321....................  Securities and Commodity                 41.5
                            Exchanges.
52391....................  Miscellaneous Intermediation.            41.5
------------------------------------------------------------------------
        Subsector 524--Insurance Carriers and Related Activities
------------------------------------------------------------------------
524126...................  Direct Property and Casualty             41.5
                            Insurance Carriers.
524127...................  Direct Title Insurance                   41.5
                            Carriers.
524128...................  Other Direct Insurance                   41.5
                            (except life, health, and
                            medical) Carriers.
52413....................  Reinsurance Carriers.........            41.5
52421....................  Insurance Agencies and                      8
                            Brokerages.
524292...................  Third Party Administration of              35
                            Insurance and Pension Funds.
------------------------------------------------------------------------
          Subsector 488--Support Activities for Transportation
------------------------------------------------------------------------
48851....................  Freight Transportation                   16.5
                            Arrangement.
------------------------------------------------------------------------

    FMCSA examined data from the 2017 Economic Census, the most recent
Census for which data were available, to determine the percentage of
firms that have revenue at or below SBA's thresholds within each of the
NAICS industries.\13\ Boundaries for the revenue categories used in the
Economic Census do not exactly coincide with the SBA thresholds.
Instead, the SBA threshold generally falls between two different
revenue categories. However, FMCSA was able to make reasonable
estimates as to the percent of small entities within each NAICS
industry group.
---------------------------------------------------------------------------

    \13\ U.S. Census Bureau. 2017 Economic Census. Available at:
https://data.census.gov/cedsci/table?q=EC1700&n=48-49&tid=ECNSIZE2017.EC1700SIZEREVEST&hidePreview=true (accessed Apr.
20, 2022).
---------------------------------------------------------------------------

    The commercial banking industry group has a revenue size standard
of $600 million. The largest Economic Census revenue category is $100
million or more. As such, FMCSA could not determine the percent of
entities within this NAICS industry group that would be considered
small, and conservatively estimates that all commercial banking
entities are small entities as defined by the SBA.
    For Other Nondepository Credit Intermediation, the $41.5 million
SBA threshold falls between two Economic Census revenue categories, $25
million and $100 million. The percentages of Other Nondepository Credit
Intermediates with revenue less than these amounts were 50 percent and
54 percent, respectively. Because the SBA threshold is closer to the
lower of these two boundaries, FMCSA has assumed that the percent of
these entities that are small will be closer to 50 percent and is using
that figure.
    The Securities Brokerage industry group focuses on underwriting
securities issues and/or making markets for securities and commodities.
The SBA size standard for this industry group is $41.5 million. The
$41.5 million SBA threshold falls between two Economic Census revenue
categories, $25 million and $100 million. The percentages of Securities
Brokerages with revenue less than these amounts were 97 percent and 98
percent, respectively. Because the SBA threshold is closer to the lower
of these two boundaries, FMCSA has assumed that the percent of
securities brokerages that are small will be closer to 97 percent and
is using that figure.
    The Commodity Contracts Dealing industry group focuses on acting as

agents between buyers and sellers of securities and commodities
(52313). The SBA size standard for this industry group is $41.5
million. The $41.5 million SBA threshold falls between two Economic
Census revenue categories, $25 million and $100 million. The
percentages of commodity contracts dealers with revenue less than these
amounts were 75 percent and 81 percent. Because the SBA threshold is
closer to the lower of these two boundaries, FMCSA has assumed that the
percent of commodity contracts dealers that are small will be closer to
75 percent and is using that figure.
    The Commodity Contracts Brokerage industry group focuses on
providing securities and commodity exchange services (52314). The SBA
size standard for this industry group is $41.5 million. The $41.5
million SBA threshold falls between two Economic Census revenue
categories, $25 million and $100 million. The percentages of commodity
contracts brokers with revenue less than these amounts were 84 percent
and 86 percent. Because the SBA threshold is closer to the lower of
these two boundaries, FMCSA has assumed that the percent of commodity
contracts brokers that are small will be closer to 84 percent and is
using that figure.
    The Securities and Commodity Exchanges industry group provides
marketplaces and mechanisms for the purpose of facilitating the buying
and selling of stocks, stock options, bonds or commodity contracts
(52321). The SBA size standard for this industry group is $41.5
million. The $41.5 million SBA threshold falls between two Economic
Census revenue categories, $25 million and $100 million. There are 13
total firms that operated for the entire year under the securities and
commodity exchanges industry group, but the Census has redacted the
number of firms with revenue less than $100 million. The Census reports
that there are four firms with revenue of $100 million or greater,
which leads FMCSA to estimate that there are nine firms with revenue
below $100 million. FMCSA conservatively estimates that all nine firms
with revenue below $100 million (69 percent of the industry group) are
considered small.
    The Miscellaneous Intermediation industry group primarily engages
in acting as principals in buying or selling of financial contracts
(52391). The SBA size standard for this industry group is $41.5
million. The $41.5 million SBA threshold falls between two Economic
Census revenue categories, $25 million and $100 million. The
percentages of miscellaneous intermediation firms with revenue less
than these amounts were 97 percent and 99.6 percent, respectively.
Because the SBA threshold is closer to the lower of these two
boundaries, FMCSA has assumed that the percent of miscellaneous
intermediates that are small will be closer to 97 percent and is using
that figure.
    The Direct Property and Casualty Insurance Carriers industry group
primarily engages in initially underwriting insurance policies
(524126). The SBA size standard for this industry group is $41.5
million. The $41.5 million SBA threshold falls between two Economic
Census revenue categories, $25 million and $100 million. The
percentages of direct property and casualty insurance carrier firms
with revenue less than these amounts were 81 percent and 88 percent.
Because the SBA threshold is closer to the lower of these two
boundaries, FMCSA has assumed that the percent of direct property and
casualty insurers that are small will be closer to 81 percent and is
using that figure.
    The Direct Title Insurance Carriers industry group primarily
engages in initially underwriting title insurance policies (524127).
The SBA size standard for this industry group is $41.5 million. The
$41.5 million SBA threshold falls between two Economic Census revenue
categories, $25 million and $100 million. The percentages of direct
title insurers with revenue less than these amounts were 66 percent and
67 percent, respectively. Because the SBA threshold is closer to the
lower of these two boundaries, FMCSA has assumed that the percent of
direct title insurers that are small will be closer to 66 percent and
is using that figure.
    The Other Direct Insurance Carriers industry group primarily
engages in initially underwriting insurance policies (524128). The SBA
size standard for this industry group is $41.5 million. The $41.5
million SBA threshold falls between two Economic Census revenue
categories, $25 million and $100 million. The percentages of other
direct insurance carriers with revenue less than these amounts were 58
percent and 63 percent, respectively. Because the SBA threshold is
closer to the lower of these two boundaries, FMCSA has assumed that the
percent of other direct insurance carriers that are small will be
closer to 58 percent and is using that figure.
    The Reinsurance Carriers industry group primarily engages in
assuming all or part of the risk associated with insurance policies
originally underwritten by a different provider (52413). The SBA size
standard for this industry group is $41.5 million. The $41.5 million
SBA threshold falls between two Economic Census revenue categories, $10
million and $100 million. The percentages of reinsurance carriers with
revenue less than these amounts were 49 percent and 60 percent,
respectively. The SBA threshold is not near either of these revenue
categories, FMCSA conservatively estimates that the percent of
reinsurance carrier firms that are small will be closer to 60 percent
and is using that figure.
    The Insurance Agencies and Brokerages industry group primarily
engages in selling insurance (52421). The SBA size standard for this
industry group is $8 million. The $8 million SBA threshold falls
between two Economic Census revenue categories, $5 million and $10
million. The percentages of insurance agencies and brokerages with
revenue less than these amounts were 98 percent and 99 percent,
respectively. Because the SBA threshold is closer to the higher of
these two boundaries, FMCSA has assumed that the percent of insurance
agencies and brokerages that are small will be closer to 99 percent and
is using that figure.
    The Third Party Administration of Insurance and Pension Funds
industry group primarily engages in providing third-party
administrative services of insurance (524292). The SBA size standard
for this industry group is $35 million. The $35 million SBA threshold
falls between two Economic Census revenue categories, $25 million and
$100 million. The percentages of firms with revenue less than these
amounts were 92 percent and 97 percent, respectively. Because the SBA
threshold is closer to the lower of these two boundaries, FMCSA has
assumed that the percent of firms that are small will be closer to 92
percent and is using that figure.
    The Freight Transportation Arrangement industry group primarily
engages in arranging the transportation of freight between shippers and
carriers (48851). The SBA size standard for this industry group is
$16.5 million. The $16.5 million SBA threshold falls between two
Economic Census revenue categories, $10 million and $25 million. The
percentages of firms with revenue less than these amounts were 93
percent and 97 percent, respectively. Because the SBA threshold is
closer to the lower of these two boundaries, FMCSA has assumed that the
percent of firms that are small will be closer to 93 percent and is
using that figure.
    Table 3 below shows the complete estimates of the number of small
entities within the NAICS industry groups that

may be affected by this rule. FMCSA notes that there are approximately
375 entities providing financial responsibility services (i.e.,
entities that have filed BMC-84s or BMC-85s with FMCSA on behalf of
brokers), which is a small subset of the firms identified in the
commercial industry groups below.

                                 Table 3--Estimates of Numbers of Small Entities
----------------------------------------------------------------------------------------------------------------
                                                                   Total number      Number of    Percent of all
          NAICS code                      Description                of firms     small entities       firms
----------------------------------------------------------------------------------------------------------------
52211........................  Commercial Banking...............           4,804           4,804             100
52229........................  All Other Nondepository Credit             10,411           5,255              50
                                Intermediation.
52312........................  Securities Brokerage.............           6,009           5,832              97
52313........................  Commodity Contracts Dealing......             493             368              75
52314........................  Commodity Contracts Brokerage....             728             608              84
52321........................  Securities and Commodity                       13               9              69
                                Exchanges.
52391........................  Miscellaneous Intermediation.....           6,912           6,715              97
524126.......................  Direct Property and Casualty                2,079           1,675              81
                                Insurance Carriers.
524127.......................  Direct Title Insurance Carriers..             662             438              66
524128.......................  Other Direct Insurance (except                285             166              58
                                life, health, and medical)
                                Carriers.
52413........................  Reinsurance Carriers.............             129              77              60
52421........................  Insurance Agencies and Brokerages         106,260         105,056              99
524292.......................  Third Party Administration of               2,498           2,306              92
                                Insurance and Pension Funds.
48851........................  Freight Transportation                     13,252          12,332              93
                                Arrangement.
----------------------------------------------------------------------------------------------------------------

A Description of the Proposed Reporting, Recordkeeping and Other
Compliance Requirements of the Proposed Rule, Including an Estimate of
the Classes of Small Entities Which Will Be Subject to the Requirement
and the Type of Professional Skills Necessary for Preparation of the
Report or Record
    This NPRM would include recordkeeping requirements pertaining to
small financial responsibility providers and brokers. These entities
would be required to provide notification to FMCSA of specific activity
on a broker bond or trust fund. FMCSA anticipates that these
notifications can be completed by office clerks.
A Description of Any Significant Alternatives to the Proposed Rule
Which Accomplish the Stated Objectives of Applicable Statutes and Which
Minimize Any Significant Economic Impact of the Proposed Rule on Small
Entities
    FMCSA attempted to draft a proposed rule that would minimize any
significant economic impact on small entities. FMCSA is proposing a 3-
year compliance date in an effort to allow ample time for small
entities to meet the requirements of the rule. This compliance date
takes into account the resources available to small entities. FMCSA is
not aware of any significant alternatives that would meet the intent of
our statutory requirements but nevertheless requests comment on any
alternatives that would meet the intent of the statute and prove cost
beneficial for small entities.
Description of Steps Taken by a Covered Agency To Minimize Costs of
Credit for Small Entities
    FMCSA is not a covered agency as defined in section 609(d)(2) of
the Regulatory Flexibility Act and has taken no steps to minimize the
additional cost of credit for small entities.
Requests for Comment To Assist Regulatory Flexibility Analysis
    FMCSA requests comments on all aspects of this initial regulatory
flexibility analysis.

E. Assistance for Small Entities

    In accordance with section 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996,\14\ FMCSA wants to assist small
entities in understanding this proposed rule so they can better
evaluate its effects on themselves and participate in the rulemaking
initiative. If the proposed rule would affect your small business,
organization, or governmental jurisdiction and you have questions
concerning its provisions or options for compliance, please consult the
person listed under FOR FURTHER INFORMATION CONTACT.
---------------------------------------------------------------------------

    \14\ Public Law 104-121, 110 Stat. 857, (Mar. 29, 1996).
---------------------------------------------------------------------------

    Small businesses may send comments on the actions of Federal
employees who enforce or otherwise determine compliance with Federal
regulations to the Small Business Administration's Small Business and
Agriculture Regulatory Enforcement Ombudsman (Office of the National
Ombudsman, see https://www.sba.gov/about-sba/oversight-advocacy/office-national-ombudsman) and the Regional Small Business Regulatory Fairness
Boards. The Ombudsman evaluates these actions annually and rates each
agency's responsiveness to small business. If you wish to comment on
actions by employees of FMCSA, call 1-888-REG-FAIR (1-888-734-3247).
DOT has a policy regarding the rights of small entities to regulatory
enforcement fairness and an explicit policy against retaliation for
exercising these rights.

F. Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
(UMRA) requires Federal agencies to assess the effects of their
discretionary regulatory actions. The Act addresses actions that may
result in the expenditure by a State, local, or Tribal government, in
the aggregate, or by the private sector of $178 million (which is the
value equivalent of $100 million in 1995, adjusted for inflation to
2021 levels) or more in any 1 year. Though this NPRM would not result
in such an expenditure, and the analytical requirements of UMRA do not
apply as a result, the agency discusses the effects of this proposed
rule elsewhere in this preamble and in the regulatory impact analysis
available in the docket.

G. Paperwork Reduction Act

    This proposed rule does not propose new information collection
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520). The agency is not proposing any changes to Forms BMC-84 and BMC-
85 at this time but will consider whether it needs to modify Forms BMC-
84 and BMC-85 after reviewing the comments on this NPRM. Should
revisions to the

forms be deemed necessary, the agency will seek approval of revised
forms from OIRA during the 3-year compliance period we propose for
portions of this rule.

H. E.O. 13132 (Federalism)

    A rule has implications for federalism under section 1(a) of E.O.
13132 if it has ``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.''
    FMCSA has determined that this rule would not have substantial
direct costs on or for States, nor would it limit the policymaking
discretion of States. Nothing in this document preempts any State law
or regulation. Therefore, this rule does not have sufficient federalism
implications to warrant the preparation of a Federalism Impact
Statement.

I. Privacy

    The Consolidated Appropriations Act, 2005,\15\ requires the agency
to assess the privacy impact of a regulation that will affect the
privacy of individuals. This NPRM would not require the collection of
personally identifiable information (PII). The Privacy Act (5 U.S.C.
552a) applies only to Federal agencies and any non-Federal agency that
receives records contained in a system of records from a Federal agency
for use in a matching program.
---------------------------------------------------------------------------

    \15\ Public Law. 108-447, 118 Stat. 2809, 3268, note following 5
U.S.C. 552a (Dec. 4, 2014).
---------------------------------------------------------------------------

    The E-Government Act of 2002,\16\ requires Federal agencies to
conduct a Privacy Impact Assessment (PIA) for new or substantially
changed technology that collects, maintains, or disseminates
information in an identifiable form.
---------------------------------------------------------------------------

    \16\ Public Law 107-347, sec. 208, 116 Stat. 2899, 2921 (Dec.
17, 2002).
---------------------------------------------------------------------------

    No new or substantially changed technology would collect, maintain,
or disseminate information as a result of this rule. Accordingly, FMCSA
has not conducted a PIA.
    In addition, the agency submitted a Privacy Threshold Assessment to
evaluate the risks and effects the proposed rulemaking might have on
collecting, storing, and sharing personally identifiable information.
The DOT Privacy Office has determined that this rulemaking does not
create privacy risk.

J. E.O. 13175 (Indian Tribal Governments)

    This rule does not have Tribal implications under E.O. 13175,
Consultation and Coordination with Indian Tribal Governments, because
it does not have a substantial direct effect on one or more Indian
Tribes, on the relationship between the Federal Government and Indian
Tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian Tribes.

K. National Environmental Policy Act of 1969

    FMCSA analyzed this proposed rule pursuant to the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.) and
determined this action is categorically excluded from further analysis
and documentation in an environmental assessment or environmental
impact statement under FMCSA Order 5610.1 (69 FR 9680), Appendix 2,
paragraphs 6.k and 6.q. The categorical exclusions (CEs) in paragraph
6.k and 6.q cover broker activities and implementation of record
preservation. The proposed requirements in this rule are covered by
these CEs and do not have any effect on the quality of the environment.

List of Subjects

49 CFR Part 386

    Administrative practice and procedure, Brokers, Freight forwarders,
Hazardous materials transportation, Highway safety, Motor carriers,
Motor vehicle safety, Penalties.

49 CFR Part 387

    Buses, Freight, Freight forwarders, Hazardous materials
transportation, Highway safety, Insurance, Intergovernmental relations,
Motor carriers, Motor vehicle safety, Moving of household goods,
Penalties, Reporting and recordkeeping requirements, Surety bonds.

    For the reasons set forth in the preamble, FMCSA proposes to amend
49 CFR parts 386 and 387 as follows:

PART 386--RULES OF PRACTICE FOR FMCSA PROCEEDINGS

0
1. The authority citation for part 386 continues to read as follows:

    Authority:  28 U.S.C. 2461 note; 49 U.S.C. 113, 1301 note,
31306a; 49 U.S.C. chapters 5, 51, 131-141, 145-149, 311, 313, and
315; and 49 CFR 1.81, 1.87.

0
2. Amend Appendix B by adding paragraph (g)(24) to read as follows:

Appendix B to Part 386--Penalty Schedule: Violations and Monetary
Penalties

* * * * *
    (g) * * *

    (24) A surety company or financial institution for a broker or
freight forwarder pursuant to Sec. Sec.  387.307 or 387.403T and
violates subsection (b) or (c) of Title 49 of the United States
Code, Section 13906 or Sec.  387.307, is liable to the United States
for a penalty of $10,000 for each violation.
* * * * *

PART 387--MINIMUM LEVELS OF FINANCIAL RESPONSIBILITY FOR MOTOR
CARRIERS

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

    Authority:  49 U.S.C. 13101, 13301, 13906, 13908, 14701, 31138,
31139; sec. 204(a), Pub. L. 104-88, 109 Stat. 803, 941; and 49 CFR
1.87.

0
4. Amend Sec.  387.307 by:
0
a. Revising paragraph (b) to read as set forth below;
0
b. In paragraph (c)(6), adding the phrase ``or'' after the semicolon;
0
c. Removing paragraph (c)(8);
0
d. Redesignating paragraph (c)(8) as paragraph (c)(7); and
0
e. Adding paragraphs (e), (f), and (g) to read as set forth below.
    The revision and additions read as follows:

Sec.  387.307  Property broker surety bond or trust fund.

* * * * *
    (b) Evidence of Security. Trust funds under this section must
contain assets aggregating to $75,000 that can be liquidated to cash
within 7 business days. Assets included in any trust fund filed under
this section shall not include interests in real property,
intercorporate agreements or guarantees, internal letters of credit,
illiquid assets (such as second trust deeds, personal property and
vehicles), bonds that have not received the highest rating from a
nationally recognized statistical rating organization registered with
the Securities and Exchange Commission, or any other asset the broker
cannot certify on Form BMC-85 is convertible to cash within 7 business
days.
* * * * *
    (e) Immediate suspension. (1) If a surety company issuing a Form
BMC-84 or a financial institution issuing a Form BMC-85 makes a payment
from the surety bond or trust fund for a claim from a shipper or motor
carrier as described in paragraph (b) of this section: (1) with the
consent of the broker; (2) when the broker fails to respond to notice
of a claim within 14 calendar days of notice by the surety company or
financial institution; or (3) when there is a judgment against the
broker, the surety company or financial institution shall notify FMCSA
of the

payment and its amount. The surety company or financial institution
shall provide written notice of such payment to FMCSA via electronic
means.
    (2) Upon notification by the surety company or financial
institution in accordance with paragraph (e)(1) of this section, FMCSA
shall provide written notice to the broker that its operating authority
issued pursuant to part 365 will be suspended within 7 business days of
the date of the notice unless the broker provides written evidence to
FMCSA that the surety bond or trust fund has been restored to the
$75,000 amount required by this section. FMCSA will provide a second
written notice to the broker of any suspension.
    (f) Financial failure or insolvency of the broker. (1) If a surety
company or financial institution is notified of the financial failure
or insolvency of a broker, such surety company or financial institution
shall initiate cancellation of the Form BMC-84 or Form BMC-85 pursuant
to paragraph (d)(2)(i) of this section. A financial failure or
insolvency of a broker is defined as a filing related to the broker
pursuant to Title 11 of the United States Code or a filing related to
the broker under an insolvency or similar proceeding under State law.
    (2) Upon notification by the surety or financial institution, FMCSA
shall immediately provide written notice of the cancellation in the
FMCSA Register on its public website. The surety or financial
institution shall accept claims against the BMC-84 surety bond or BMC-
85 trust fund for 60 calendar days (extended to the next business day
if the final day of the period falls on a weekend or Federal holiday)
following FMCSA's public notification of the financial failure or
insolvency in the FMCSA Register.
    (g) Suspension of surety company or financial institution. (1) If a
surety company or financial institution violates the requirements of
this section or subsection (b) of Title 49, section 13906 of the United
States Code, FMCSA may suspend the authorization of such surety company
or financial institution to have its instruments filed as evidence of
financial responsibility pursuant to Sec.  387.307 for 3 years.
    (2) If FMCSA initiates a suspension action pursuant to paragraph
(g)(1) of this section it shall provide written notice to the surety
company or financial institution, provide 30 calendar days (extended to
the next business day if the final day of the period falls on a weekend
or Federal holiday) for the surety company or financial institution to
provide evidence contesting such proposed suspension, and then render a
final decision in writing.
    Issued under authority delegated in 49 CFR 1.87.

Robin Hutcheson,
Administrator.
[FR Doc. 2022-28259 Filed 1-4-23; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 76, Number 171 (Friday, September 2, 2011)]
[Notices]
[Pages 54813-54814]
[FR Doc No: 2011-22572]

=======================================================================
-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.

Extension:
    Rule 17f-1, SEC File No. 270-236, OMB Control No. 3235-0222.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (the ``Commission'') is soliciting comments on the
collections of information summarized below. The Commission plans to
submit these existing collection of information to the Office of
Management and Budget for extension and approval.
    Rule 17f-1 (17 CFR 270.17f-1) under the Investment Company Act of
1940 (the ``Act'') (15 U.S.C. 80a) is entitled: ``Custody of Securities
with Members of National Securities Exchanges.'' Rule 17f-1 provides
that any registered management investment company (``fund'') that
wishes to place its assets in the custody of a national securities
exchange member may do so only under a written contract that must be
ratified initially and approved annually by a majority of the fund's
board of directors. The written contract also must contain certain
specified provisions. In addition, the rule requires an independent
public accountant to examine the fund's assets in the custody of the
exchange member at least three times during the fund's fiscal year. The
rule requires the written contract and the certificate of each
examination to be transmitted to the Commission. The purpose of the
rule is to ensure the safekeeping of fund assets.
    Commission staff estimates that each fund makes 1 response and
spends an average of 3.5 hours annually in complying with the rule's
requirements. Commission staff estimates that on an annual basis it
takes: (i) 0.5 hours for the board of directors \1\ to review and
ratify the custodial contracts; and (ii) 3 hours for the fund's
controller to assist the fund's independent public auditors in
verifying the fund's assets. Approximately 5 funds rely on the rule
annually, with a total of 5 responses.\2\ Thus, the total annual hour
burden for rule 17f-1 is approximately 17.5 hours.\3\
---------------------------------------------------------------------------

    \1\ Estimates of the number of hours are based on conversations
with representatives of mutual funds that comply with the rule. The
actual number of hours may vary significantly depending on
individual fund assets. The hour burden for rule 17f-1 does not
include preparing the custody contract because that would be part of
customary and usual business practice.
    \2\ Based on a review of Form N-17f-1 filings in over the last
three years, the Commission staff estimates that an average of 5
funds rely on rule 17f-1 each year.
    \3\ This estimate is based on the following calculation: (5
respondents x 3.5 hours = 17.5 hours). The annual burden for rule
17f-1 does not include time spent preparing Form N-17f-1. The burden
for Form N-17f-1 is included in a separate collection of
information.
---------------------------------------------------------------------------

    Funds that rely on rule 17f-1 generally use outside counsel to
prepare the custodial contract for the board's review and to transmit
the contract to the Commission. Commission staff estimates the cost of
outside counsel to perform these tasks for a fund each year is $800.\4\
Funds also must have an independent public accountant verify the fund's
assets three times each year and prepare the certificate of
examination. Commission staff estimates the annual cost for an
independent public accountant to perform this service is $8000.\5\
Therefore, the total annual cost burden for a fund that relies on rule
17f-1 would be approximately $8800.\6\ As noted above, the staff
estimates that 5 funds rely on rule 17f-1 each year, for an estimated
total annualized cost burden of $44,000.\7\
---------------------------------------------------------------------------

    \4\ This estimate is based on the following calculation: (2
hours of outside counsel time x $400 = $800). The staff has
estimated the average cost of outside counsel at $400 per hour,
based on information received from funds, fund intermediaries, and
their counsel.
    \5\ This estimate is based on information received from fund
representatives estimating the aggregate annual cost of an
independent public accountant's periodic verification of assets and
preparation of the certificate of examination.
    \6\ This estimate is based on the following calculation: ($800 +
$8000 = $8800).
    \7\ This estimate is based on the following calculation: (5
funds x $8800 = $44,000).
---------------------------------------------------------------------------

    The estimate of average burden hours is made solely for the
purposes of the Paperwork Reduction Act, and is not derived from a
comprehensive or even

a representative survey or study of the costs of Commission rules.
Compliance with the collections of information required by rule 17f-1
is mandatory for funds that place their assets in the custody of a
national securities exchange member. Responses will not be kept
confidential. 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 control number.
    The Commission requests written comments on: (a) Whether the
collections of information are necessary for the proper performance of
the functions of the Commission, including whether the information has
practical utility; (b) the accuracy of the Commission's estimate of the
burdens of the collection of information; (c) ways to enhance the
quality, utility, and clarity of the information collected; and (d)
ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication.
    Please direct your written comments to Thomas Bayer, Director/Chief
Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 6432 General Green Way, Alexandria, VA 22312; or send an
e-mail to<EMAIL_ADDRESS>
     Dated: August 29, 2011.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-22572 Filed 9-1-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 231 (Friday, November 30, 2012)]
[Proposed Rules]
[Pages 71359-71361]
[FR Doc No: 2012-29027]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1250; Directorate Identifier 2012-CE-043-AD]
RIN 2120-AA64

Airworthiness Directives; DG Flugzeugbau GmbH Gliders

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for DG
Flugzeugbau GmbH Model DG-1000T gliders equipped with Solo Kleinmotoren
Model 2350 C engines. This proposed AD results from mandatory
continuing airworthiness information (MCAI) originated by an aviation
authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as a material defect of the propeller shaft, most likely
caused by a manufacturing error. We are issuing this proposed AD to
require actions to address the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by January 14,
2013.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Solo Kleinmotoren GmbH, Postfach 60 01 52, D 71050 Sindelfingen,
Germany; telephone: +49 07031-301-0; fax: +49 07031-301-136; email:
<EMAIL_ADDRESS>Internet: http://aircraft.solo-online.com/.
You may review copies of the referenced service information at the FAA,
Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106.
For information on the availability of this material at the FAA, call
(816) 329-4148.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (telephone<PHONE_NUMBER>) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.

FOR FURTHER INFORMATION CONTACT: Jim Rutherford, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2012-1250;
Directorate Identifier 2012-CE-043-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued AD
No.: 2012-0197, dated September 25, 2012 (referred to after this as
``the MCAI''), to correct an unsafe condition for the specified
products. The MCAI states:

    Two reports have been received of a broken P/N 20 31 211
propeller shaft on a Solo 2350 C engine. The results of the
investigation showed that the failures were due to a material
defect, most likely caused by a manufacturing error.
    This condition, if not detected and corrected, could lead to
failure of the shaft and detachment of the propeller from the
aeroplane, which, depending on the flight conditions, could result
in reduced control of the aeroplane, or injury to persons on the
ground.
    For the reasons described above, this AD requires a one-time
inspection (magnetic particle or dye penetrant) of the affected
propeller shafts to detect cracks and, depending on findings,
replacement of the propeller pulley assembly (module) with a
serviceable module.

You may obtain further information by examining the MCAI in the AD
docket.

Relevant Service Information

    Solo Kleinmotoren GmbH has issued Service Bulletin Nr. 4603-13,
Issue 1, dated September 24, 2012. The actions described in this
service information are intended to correct the unsafe condition
identified in the MCAI.

FAA's Determination and Requirements of the Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with this State of Design Authority, they
have notified us of the unsafe condition described in the MCAI and
service information referenced above. We are proposing this AD because
we evaluated all information and determined the unsafe condition exists
and is likely to exist or develop on other products of the same type
design.

Costs of Compliance

    We estimate that this proposed AD will affect 2 products of U.S.
registry. We also estimate that it would take about 1 work-hour per
product to comply with the basic requirements of this proposed AD. The
average labor rate is $85 per work-hour. Required parts would cost
about $0 per product.
    Based on these figures, we estimate the cost of the proposed AD on
U.S. operators to be $170, or $85 per product.
    In addition, we estimate that any necessary follow-on actions would
take about 1 work-hour and require parts costing $197, for a cost of
$282 per product. We have no way of determining the number of products
that may need these actions.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

DG Flugzeugbau GmbH: Docket No. FAA-2012-1250; Directorate
Identifier 2012-CE-043-AD.

(a) Comments Due Date

    We must receive comments by January 14, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to DG Flugzeugbau GmbH Model DG-1000T gliders
equipped with Solo Kleinmotoren Model 2350 C engines, all serial
numbers, certificated in any category.

(d) Subject

    Air Transport Association of America (ATA) Code 72: Engine.

(e) Reason

    This AD was prompted by mandatory continuing airworthiness
information (MCAI) originated by an aviation authority of another
country to identify and correct an unsafe condition on an aviation
product. The MCAI describes the unsafe condition as a material
defect within the propeller shaft, most likely caused by a
manufacturing error. We are issuing this AD to prevent failure of
the propeller shaft and detachment of the propeller, which could
result in reduced control of the aircraft or injury to persons on
the ground.

(f) Actions and Compliance

    Unless already done, do the following actions:
    (1) Within 25 hours time-in-service (TIS) after the effective
date of this AD or 6 months after the effective date of this AD,
whichever occurs first, remove the propeller pulley assembly
(module) from the engine and inspect the transition region of the
part number (P/N) 20 31 211 shaft following Solo Kleinmotoren GmbH
Service Bulletin Nr. 4603-13, Issue 1, dated September 24, 2012.
    (2) If, during the inspection required by paragraph (f)(1) of
this AD, cracks are detected in the P/N 20 31 211 shaft, before
further flight, do the following:
    (i) Replace the P/N 20 31 211 shaft with an airworthy P/N 20 31
211 shaft; or
    (ii) Replace the propeller pulley assembly (module) with an
airworthy propeller pulley assembly (module).

(g) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. Send
information to ATTN: Jim Rutherford, Aerospace Engineer, FAA, Small
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, a federal agency may not conduct or sponsor, and a person
is not required to respond to, nor shall a person be subject to a
penalty for failure to comply with a collection of information
subject to the requirements of the Paperwork Reduction Act unless
that collection of information displays a current valid OMB Control
Number. The OMB Control Number for this information collection is
2120-0056. Public reporting for this collection of information is
estimated to be approximately 5 minutes per response, including the
time for reviewing instructions, completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Comments concerning the accuracy of this
burden and suggestions for reducing the burden should be directed to
the FAA at: 800 Independence Ave. SW., Washington, DC 20591, Attn:
Information Collection Clearance Officer, AES-200.

(h) Related Information

    Refer to MCAI European Aviation Safety Agency (EASA) AD No.:
2012-0197, dated September 25, 2012; and Solo Kleinmotoren GmbH
Service Bulletin Nr. 4603-13, Issue 1, dated September 24, 2012, for
related information. For service information related to this AD,
contact Solo Kleinmotoren GmbH, Postfach 60 01 52, D 71050
Sindelfingen, Germany; telephone: +49 07031-301-0; fax: +49 07031-
301-136; email<EMAIL_ADDRESS>Internet: http://aircraft.solo-online.com/. You may review copies of the referenced
service information at the FAA, Small Airplane Directorate, 901
Locust, Kansas City, Missouri 64106. For information

on the availability of this material at the FAA, call (816) 329-
4148.

    Issued in Kansas City, Missouri, on November 21, 2012.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2012-29027 Filed 11-29-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 146 (Tuesday, July 30, 2019)]
[Rules and Regulations]
[Pages 36821-36823]
[FR Doc No: 2019-16080]

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

40 CFR Part 52

[EPA-R05-OAR-2018-0112; FRL-9997-29-Region 5]

Air Plan Approval; Ohio; Removal of Obsolete Infectious Waste
Incinerator Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving a
request submitted by the Ohio Environmental

Protection Agency (Ohio EPA) on January 24, 2018, to revise the Ohio
State Implementation Plan (SIP) under the Clean Air Act (CAA). Ohio EPA
is requesting to remove provisions under Ohio Administrative Code (OAC)
Chapter 3745-75, that were approved into the Ohio SIP as part of Ohio's
Hospital/Medical/Infectious Waste Incinerator (HMIWI) State plan under
sections 110(d) and 129 of the CAA. EPA proposed to approve the State's
submittal on April 12, 2019.

DATES: This final rule is effective on August 29, 2019.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2018-0112. All documents in the docket are listed in
the http://www.regulations.gov website. Although listed in the index,
some information is not publicly available, e.g., Confidential Business
Information or other information whose disclosure is restricted by
statute. Certain other material, such as copyrighted material, is not
placed on the internet and will be publicly available only in hard copy
form. Publicly available docket materials are available either through
http://www.regulations.gov, or please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section for additional availability
information.

FOR FURTHER INFORMATION CONTACT:  Francisco J. Acevedo, Mobile Source
Program Manager, Control Strategies Section, Air Programs Branch (AR
18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we'',
``us'' or ``our'' is used, we mean EPA.

I. What is being addressed by this document?

    On September 15, 1997, EPA published emission guidelines for HMIWI
under 40 CFR part 60, subpart Ce (62 FR 48348). The emission guidelines
applied to existing sources only, for which construction commenced on
or before June 20, 1996. States were required under sections 111(d) and
129 of the CAA to submit state plans to control emissions from existing
HMIWI units. New sources constructed after this date are covered by a
Federal new source performance standard.
    On October 18, 2005, Ohio EPA submitted the CAA section 111(d)/129
State plan for implementing 40 CFR part 60, subpart Ce ``Emission
Guidelines for Existing Hospital/Medical/Infectious Waste
Incinerators.'' The State plan was subsequently approved by EPA on July
5, 2007 (72 FR 36605) and became effective under 40 CFR 62.8880 on
August 6, 2007. As part of Ohio's HMIWI State plan, OAC Chapter 3745-
75, ``Infectious Waste Incinerator Limitations,'' was amended,
submitted, and approved as part of Ohio's SIP (72 FR 36605).
Subsequently, on October 6, 2009 (74 FR 51367), and April 4, 2011 (76
FR 18407), EPA promulgated final revised emission guidelines and
amendments under 40 CFR part 60, subpart Ce, and on May 13, 2013, EPA
promulgated a final revised 40 CFR part 62, subpart HHH, Federal Plan
(78 FR 28052).
    On January 24, 2018, Ohio EPA submitted a request to approve the
removal of all OAC Chapter 3745-75 provisions from the Ohio SIP,
relying instead on the Federal Plan. Ohio EPA conducted a public
hearing on this matter in Columbus, Ohio on December 7, 2017.
    On April 12, 2019, at 84 FR 14901, EPA proposed to approve the
removal of all OAC Chapter 3745-75 provisions from the Ohio SIP.

II. What comments did we receive on the proposed SIP revision?

    Our April 12, 2019 proposed rule provided a 30-day review and
comment period. The comment period closed on May 13, 2019. EPA received
one comment during the public comment period. The comment supported
EPA's proposed action to allow the removal of Infectious Waste
Incinerator provisions from the Ohio SIP.

III. What action is EPA taking?

    EPA is approving the revision to the Ohio SIP submitted by the Ohio
EPA on January 24, 2018, because the removal of existing infectious
waste incinerator requirements in OAC Chapter 3745-75 from the SIP
meets all applicable requirements and would not interfere with
reasonable further progress or attainment of any of the national
ambient air quality standards.

IV. Incorporation by Reference

    In this document, EPA amends regulatory text that includes
incorporation by reference. As described in the amendments to 40 CFR
part 52 set forth below, EPA is removing provisions of the EPA-Approved
Ohio Regulations from the Ohio SIP, which is incorporated by reference
in accordance with the requirements of 1 CFR part 51. EPA has made, and
will continue to make the SIP generally available through
www.regulations.gov and at the EPA Region 5 Office (please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information).

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).

    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 30, 2019. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Nitrogen oxides,
Ozone, Volatile organic compounds.

    Dated: July 17, 2019.
Cathy Stepp,
Regional Administrator, Region 5
    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Sec.  52.1870  [Amended]

0
2. In Sec.  52.1870, the table in paragraph (c) is amended by removing
the heading ``Chapter 3745-75 Infectious Waste Incinerator
Limitations'' and the entries for 3745-75-01 through 3745-75-06.

[FR Doc. 2019-16080 Filed 7-29-19; 8:45 am]
 BILLING CODE 6560-50-P


IDAPA 58  -  DEPARTMENT OF ENVIRONMENTAL QUALITY

58.01.01  -  Rules for the Control of Air Pollution in Idaho

107.	Incorporations By Reference.

	01.	General. Unless expressly provided otherwise, any reference in these rules to any document identified in Subsection 107.03 constitutes the full incorporation into these rules of that document for the purposes of the reference, including any notes and appendices therein. The term "documents" includes codes, standards or rules which have been adopted by an agency of the state or of the United States or by any nationally recognized organization or association.	(3-20-20)T

	02.	Availability of Referenced Material. Copies of the documents incorporated by reference into these rules are available at the following locations:	(3-20-20)T

	a.	All federal publications: U.S. Government Printing Office at http://www.ecfr.gov/cgi-bin/ECFR; and;			(3-20-20)T

	b.	Statutes of the state of Idaho: http://legislature.idaho.gov/idstat/TOC/IDStatutesTOC.htm; and 			(3-20-20)T

	c.	All documents herein incorporated by reference:	(3-20-20)T

	i.	Department of Environmental Quality, 1410 N. Hilton, Boise, Idaho 83706-1255 at<PHONE_NUMBER>.		(3-20-20)T

	ii.	State Law Library, 451 W. State Street, P.O. Box 83720, Boise, Idaho 83720-0051,<PHONE_NUMBER>.		(3-20-20)T

	03.	Documents Incorporated by Reference. The following documents are incorporated by reference into these rules:		()T

	a.	Requirements for Preparation, Adoption, and Submittal of Implementation Plans, 40 CFR Part 51 revised as of July 1, 2020. The following portions of 40 CFR Part 51 are expressly excluded from any incorporation by reference into these rules:	()T

	i.	All sections included in 40 CFR Part 51, Subpart P, Protection of Visibility, except that 40 CFR 51.301, 51.304(a), 51.307, and 51.308 are incorporated by reference into these rules; and	()T

	ii.	Appendix Y to Part 51, Guidelines for BART Determinations Under the Regional Haze Rule. 			()T

	b.	National Primary and Secondary Ambient Air Quality Standards, 40 CFR Part 50, revised as of July 1, 2020.		()T

	c.	Approval and Promulgation of Implementation Plans, 40 CFR Part 52, Subparts A and N and Appendices D and E, revised as of July 1, 2020.	()T

	d.	Ambient Air Monitoring Reference and Equivalent Methods, 40 CFR Part 53, revised as of July 1, 2020.			()T

	e.	Ambient Air Quality Surveillance, 40 CFR Part 58, revised as of July 1, 2020.	()T

	f.	Standards of Performance for New Stationary Sources, 40 CFR Part 60, revised as of July 1, 2020. 			()T

	g.	National Emission Standards for Hazardous Air Pollutants, 40 CFR Part 61, revised as of July 1, 2020.			()T

	h.	Federal Plan Requirements for Hospital/Medical/Infectious Waste Incinerators Constructed on or Before December 1, 2008, 40 CFR Part 62, Subpart HHH, revised as of July 1, 2020.	()T

	i.	National Emission Standards for Hazardous Air Pollutants for Source Categories, 40 CFR Part 63, revised as of July 1, 2020.	()T

	j.	Compliance Assurance Monitoring, 40 CFR Part 64, revised as of July 1, 2020.	()T

	k.	State Operating Permit Programs, 40 CFR Part 70, revised as of July 1, 2020.	()T

	l.	Permits, 40 CFR Part 72, revised as of July 1, 2020.	()T

	m.	Sulfur Dioxide Allowance System, 40 CFR Part 73, revised as of July 1, 2020.	()T

	n.	Protection of Stratospheric Ozone, 40 CFR Part 82, revised as of July 1, 2020.	()T

	o.	Clean Air Act, 42 U.S.C. Sections 7401 through 7671g (1997).	(3-20-20)T

	p.	Medical Waste Combustors, Section 39-128, Idaho Code (1992).	(3-20-20)T


[Federal Register: July 25, 2008 (Volume 73, Number 144)]
[Rules and Regulations]
[Page 43360-43362]
[DOCID:fr25jy08-12]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2008-0109; FRL-8694-8]

Determination of Attainment for the Ozone National Ambient Air
Quality Standards for Nonattainment Areas in Delaware, District of
Columbia, Maryland, Pennsylvania, and Virginia

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA has determined that two severe 1-hour ozone nonattainment
areas, Philadelphia-Wilmington-Trenton, and the Metropolitan
Washington, DC, attained the 1-hour ozone National Ambient Air Quality
Standards (NAAQS) by the applicable attainment date of November 15,
2005. EPA has also determined that these areas are not subject to the
imposition of the penalty fees under section 185 of the Clean Air Act
(CAA). These determinations of attainment are not a redesignation to
attainment for these severe areas for which air quality monitoring data
indicates attainment of the standard. EPA is issuing this final action
to fulfill obligations to make such determinations under the CAA.

DATES: Effective Date: This final rule is effective on August 25, 2008.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2008-0109. All documents in the docket are listed in
the http://www.regulations.gov Web site. Although listed in the
electronic docket, some information is not publicly available, i.e.,
confidential business information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through http://
www.regulations.gov or in hard copy for public inspection during normal
business hours at the Air Protection Division, U.S. Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103.

FOR FURTHER INFORMATION CONTACT: Christopher Cripps,<PHONE_NUMBER>, or
by e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to EPA.

I. Background

    On April 28, 2008, (73 FR 22896), EPA published a notice of
proposed rulemaking (NPR) for these actions. The NPR proposed to
determine that two severe 1-hour ozone nonattainment areas,
Philadelphia-Wilmington-Trenton, and Metropolitan Washington, DC,
attained the 1-hour ozone NAAQS by the applicable attainment date of
November 15, 2005, and, proposed to find that these areas are not
subject to the imposition of the penalty fees under section 185 of the
CAA. These proposals were based on three years of complete, quality-
assured ambient air quality monitoring data for 2003 through 2005 ozone
seasons. These proposed determinations of attainment were not a
redesignation to attainment for these severe areas for which air
quality monitoring data indicates attainment of the standard.
    We received two letters supporting the proposed actions and
received no adverse public comments on the NPR. The background for this
action, the requirements of section 185 of the CAA, and the rationale
for EPA's proposed action are explained in the NPR and will not be
restated here.
    The geographic boundaries of each nonattainment area affected by
this action can be found in the NPR (73 FR 22896 at 22896-22897, April
28, 2008). See also, the tables entitled ``Ozone (1-Hour Standard)'' in
the following sections of 40 CFR part 81: Sec. Sec.  81.308, 81.309,
81.321, 81.339 and 81.347 for Delaware, the District of Columbia,
Maryland, Pennsylvania, and Virginia, respectively. Note that for each
State the codification of these determinations in 40 CFR part 52 the
name of the 1-hour severe ozone nonattainment area used is the name of
that area as it appears in the table entitled ``Ozone (1-Hour
Standard)'' in 40 CFR part 81 for that State.

II. Final Action

A. Philadelphia Area

    Based upon EPA's review of the air quality data for the 3-year
period 2003 to 2005, EPA has determined that the Philadelphia-
Wilmington-Trenton, severe 1-hour ozone nonattainment area attained the
1-hour ozone NAAQS by the applicable attainment date of November 15,
2005. EPA also has determined that this area is not subject to the
imposition of the section 185 penalty fees.

B. Washington Area

    Based upon EPA's review of the air quality data for the 3-year
period 2003 to 2005, EPA has determined that the Metropolitan
Washington, DC, severe 1-hour ozone nonattainment area attained the 1-
hour ozone NAAQS by the applicable attainment date of November 15,
2005. EPA also has determined that this area is not subject to the
imposition of the section 185 penalty fees.

IV. Statutory and Executive Order Reviews

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
final 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 Fed. Reg. 28355 (May 22, 2001)).
This final action determines that two areas have attained a previously-
established NAAQS based on an objective review of measured air quality
data and imposes no additional requirements. Accordingly, the
Administrator certifies that these final

rules 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 these rules do not impose any additional
enforceable duties, they do 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). These final rules
also do 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), nor will they 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),
because these final actions determine that each of two areas has
attained a Federal standard, and do not alter the relationship or the
distribution of power and responsibilities established in the CAA. In
addition, these rules do not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), because EPA
notes that it will not impose substantial direct costs on tribal
governments or preempt tribal law. These final rules also are not
subject to Executive Order 13045 (62 FR 19885, April 23, 1997), because
they are not economically significant.
    These rules do not involve establishment of technical standards,
and 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.
As required by section 3 of Executive Order 12988 (61 FR 4729, February
7, 1996), in issuing this proposed rule, EPA has taken the necessary
steps to eliminate drafting errors and ambiguity, minimize potential
litigation, and provide a clear legal standard for affected conduct.
EPA has complied with Executive Order 12630 (53 FR 8859, March 15,
1988) by examining the takings implications of the rule in accordance
with the ``Attorney General's Supplemental Guidelines for the
Evaluation of Risk and Avoidance of Unanticipated Takings'' issued
under the executive order. These final rules do not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).

C. Petitions for Judicial Review

    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 September 23, 2008. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action that determines that the
Philadelphia-Wilmington-Trenton and Metropolitan Washington, DC, severe
zone nonattainment areas attained the 1-hour ozone NAAQS and are not
required to impose section 185 penalty fees 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, Intergovernmental
relations, Incorporation by reference, Nitrogen dioxide, Ozone,
Volatile organic compounds.

    Dated: July 8, 2008.
Donald S. Welsh,
Regional Administrator, Region III.

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 I--Delaware

0
2. Section 52.426 is amended by adding paragraph (f) to read as
follows:

Sec.  52.426  Control strategy plans for attainment and rate-of-
progress: Ozone.

* * * * *
    (f) Based upon EPA's review of the air quality data for the 3-year
period 2003 to 2005, EPA has determined that the Philadelphia-
Wilmington-Trenton severe 1-hour ozone nonattainment area attained the
1-hour ozone NAAQS by the applicable attainment date of November 15,
2005. EPA also has determined that the Philadelphia-Wilmington-Trenton
severe 1-hour ozone nonattainment area is not subject to the imposition
of the section 185 penalty fees.

Subpart J--District of Columbia

0
3. Section 52.476 is amended by adding paragraph (d) to read as
follows:

Sec.  52.476  Control strategy: Ozone.

* * * * *
    (d) Based upon EPA's review of the air quality data for the 3-year
period 2003 to 2005, EPA has determined that the Washington severe 1-
hour ozone nonattainment area attained the 1-hour ozone NAAQS by the
applicable attainment date of November 15, 2005. EPA also has
determined that the Washington severe 1-hour ozone nonattainment area
is not subject to the imposition of the section 185 penalty fees.

Subpart V--Maryland

0
4. Section 52.1076 is amended by adding paragraphs (o) and (p) to read
as follows:

Sec.  52.1076  Control strategy plans for attainment and rate-of-
progress: Ozone.

* * * * *
    (o) Based upon EPA's review of the air quality data for the 3-year
period 2003 to 2005, EPA has determined that the Washington, DC severe
1-hour ozone nonattainment area attained the 1-hour ozone NAAQS by the
applicable attainment date of November 15, 2005. EPA also has
determined that the Washington, DC severe 1-hour ozone nonattainment
area is not subject to the imposition of the section 185 penalty fees.
    (p) Based upon EPA's review of the air quality data for the 3-year
period 2003 to 2005, EPA has determined that that the Philadelphia-
Wilmington-Trenton severe 1-hour ozone nonattainment area attained the
1-hour ozone NAAQS by the applicable

attainment date of November 15, 2005. EPA also has determined that the
Philadelphia-Wilmington-Trenton severe 1-hour ozone nonattainment area
is not subject to the imposition of the section 185 penalty fees.

Subpart NN--Pennsylvania

0
5. Section 52.2037 is amended by adding paragraph (n) to read as
follows:

Sec.  52.2037  Control strategy plans for attainment and rate-of-
progress: Ozone.

* * * * *
    (n) Based upon EPA's review of the air quality data for the 3-year
period 2003 to 2005, EPA has determined that the Philadelphia-
Wilmington-Trenton severe 1-hour ozone nonattainment area attained the
1-hour ozone NAAQS by the applicable attainment date of November 15,
2005. EPA also has determined that the Philadelphia-Wilmington-Trenton
severe 1-hour ozone nonattainment area is not subject to the imposition
of the section 185 penalty fees.

Subpart VV--Virginia

0
6. Section 52.2428 is amended by adding paragraph (e) to read as
follows:

Sec.  52.2428  Control Strategy: Carbon monoxide and ozone.

* * * * *
    (e) Based upon EPA's review of the air quality data for the 3-year
period 2003 to 2005, EPA has determined that the Washington, DC severe
1-hour ozone nonattainment area attained the 1-hour ozone NAAQS by the
applicable attainment date of November 15, 2005. EPA also has
determined that the Washington, DC severe 1-hour ozone nonattainment
area is not subject to the imposition of the section 185 penalty fees.

 [FR Doc. E8-16475 Filed 7-24-08; 8:45 am]

BILLING CODE 6560-50-P