[Federal Register Volume 88, Number 145 (Monday, July 31, 2023)]
[Notices]
[Pages 49516-49518]
[FR Doc No: 2023-16112]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-97987; File No. SR-CboeEDGX-2023-046]

Self-Regulatory Organizations; Cboe EDGX Exchange, Inc.; Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change To
Amend Exchange Rules To Provide Users With a Risk Setting They May
Elect To Apply to their Orders That Will Allow Them To Reject Market
Orders During Continuous Trading and/or Auctions

July 25, 2023.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on July 14, 2023, Cboe EDGX Exchange, Inc. (the ``Exchange'' or
``EDGX'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Cboe EDGX Exchange, Inc. (``EDGX'' or the ``Exchange'') is filing
with the Securities and Exchange Commission (the ``Commission'') a
proposal to amend Interpretation and Policy .01 to Rule 11.10 in
connection with a risk setting that Users \3\ may elect to apply to
their orders that will allow them to reject market orders during
continuous trading and/or auctions.\4\ The text of the proposed rule
change is provided in Exhibit 5.
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    \3\ A User is any Member or Sponsored Participant who is
authorized to obtain access to the System pursuant to Rule 11.3. See
Rule 1.5(ee).
    \4\ The Exchange plans to implement the proposed rule change on
a date that will be circulated in a notice from the Cboe Trade Desk
to all Members.
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    The text of the proposed rule change is also available on the
Exchange's website (http://markets.cboe.com/us/options/regulation/rule_filings/edgx/), at the Exchange's Office of the Secretary, and at
the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

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

1. Purpose
    The purpose of this proposal is to amend Interpretation and Policy
.01 to Rule 11.10 to allow the Exchange to offer its Users the ability
to apply a risk setting to their orders that will allow them to reject
market orders during continuous trading or auctions (``Market Order
Check''). Pursuant to Interpretation and Policy .01 to Rule 11.10, the
Exchange currently offers certain optional risk settings applicable to
a User's activities on the Exchange. Specifically, pursuant to
Interpretation and Policy .01(c), the Exchange currently provides Users
with the controls to restrict order types or modifiers that can be
utilized (including pre-market, post-market, short sales, ISOs, and
Directed ISOs). When utilized, this optional risk tool acts as a risk
filter by evaluating a User's orders to determine whether the orders
comply with certain criteria established by the User.
    Based on feedback from its Members, the Exchange now seeks to
expand this risk setting to allow a User to restrict additional order
types from being entered--market orders during continuous trading and/
or market orders during auctions (``Market Order Check'').\5\ The
Market Order Check will reside at a User's port level, a User-specific
logical session used to access the Exchange. A User may utilize the
Market Order Check to control the acceptance of, or rejection of, its
inbound market orders. Similarly, a Sponsoring Member \6\ may utilize
the check to control the acceptance of, or rejection of, its Sponsored
Participants \7\ inbound market orders. Specifically, when utilized the
Market Order Check will allow a User to (1) permit market orders; (2)
reject market orders during continuous trading and allow market orders
during auctions, or (3) reject market orders during continuous trading
and also during auctions. In the case of Sponsored Participants, the
Sponsoring Member will be responsible for their Sponsored Participant's
Market Order Check settings. The Market Order Check will apply only to
equities orders and will not apply to market on open or

market on close orders. The proposed Market Order Check is similar in
nature to the Order Type/Attribution check offered by Nasdaq Stock
Exchange, LLC (``Nasdaq''), which prevents the entry of certain order
types or modifiers that can be utilized, including but not limited to,
non-auction market orders.\8\ While the proposed Market Order Check
differs slightly from that offered by Nasdaq in that it includes
functionality that prohibits the entry of both auction and non-auction
market orders, the intended purpose of the control--a risk management
tool designed to prevent the entry of orders that may cause undue
market impact--remains the same.
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    \5\ The Exchange notes that the proposed Market Order Check will
treat a Market Order with a Stop Price as a regular market order.
See Rule 11.8(a), where the term Market Order is defined as ``An
order to buy and sell a stated amount of a security that is to be
executed at the NBBO or better when the order reaches the
Exchange''; see also Rule 11.8(a)(1), where the term ``Stop Price''
is defined as ``An order may include a Stop Price which will convert
the order into a Market Order when the Stop Price is triggered. An
order to buy converts to a Market Order when the consolidated last
sale in the security occurs at, or above, the specified Stop Price.
An order to sell converts into a Market Order when the consolidated
last sale in the security occurs at, or below, the specified Stop
Price. Separately, the proposed Market Order Check will treat market
orders with a ROOC routing option as auction orders. As such, if a
User opts to block market orders in continuous trading but allow
market orders in auctions, then all market orders with a ROOC
routing option will be accepted. If a User chooses to block market
orders during both continuous trading and during auctions, then the
Market Order Check will prohibit the entry of market orders with a
ROOC routing option. The Exchange is handling market orders with a
ROOC routing option to ensure that Users have a clear understanding
of how the Market Order Check will operate in these scenarios.
Orders with ROOC routing options are hybrid in nature and can
execute in auctions or during continuous trading. As such, an order
may fully execute in the auction, as well as receive no execution or
receive a partial fill with the remaining shares being posted to the
Exchange Book, executed on the Exchange, or routed to other
destinations. Given the various iterations that a market order with
a ROOC routing option may encounter, the Exchange believes much
operational complexity can be avoided by treating market orders with
ROOC routing options in this simplified manner. See Rule
11.11(g)(8), where the term ``ROOC'' is defined as ``a routing
option for orders that the entering firm wishes to designate for the
participation in the opening, re-opening (following a halt,
suspension, or pause), or closing process of a primary listing
market (Cboe BZX, NYSE, Nasdaq, NYSE America, or NYSE Arca) if
received before the opening/re-opening/closing time of such market.
If shares remain unexecuted after attempting to execute in the
opening, reopening, or closing process, they are either posted to
the EDGX Book, executed, or routed to destinations on the System
routing table.''
    \6\ The term ``Sponsoring Member'' shall mean a broker-dealer
that has been issued a membership by the Exchange who has been
designated by a Sponsored Participant to execute, clear and settle
transactions resulting from the System. The Sponsoring Member shall
be either (i) a clearing firm with membership in a clearing agency
registered with the Commission that maintains facilities through
which transactions may be cleared or (ii) a correspondent firm with
a clearing arrangement with any such clearing firm. See Rule
1.5(aa), definition of, ``Sponsoring Member''.
    \7\ The term ``Sponsored Participant'' shall mean a person which
has entered into a sponsorship arrangement with a Sponsoring Member
pursuant to Rule 11.3. See Rule 1.5(z), definition of, ``Sponsored
Participant''.
    \8\ See Nasdaq Equity 6, Section 5. Risk Settings (b), ``Order
Type/Attribution Check--This control relates to the order types or
modifiers that can be utilized (including pre-market, post-market,
short sales, non-auction market orders and Intermarket Sweep
Orders)'', available at: https://listingcenter.nasdaq.com/rulebook/Nasdaq/rules/Nasdaq%20Equity%206/market%20impact%20check/EQUALS/#position; see also Securities Exchange Act Release No. 34-95495
(August 12, 2022), 87 FR 50902 (August 18, 2022) (SR-NASDAQ-2022-
047) (Notice of Filing and Immediate Effectiveness of Proposed Rule
Change to Amend Nasdaq Equity 6, Section 5).
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    Importantly, as is the case with the existing risk settings, the
User, and not the Exchange, will have the full responsibility for
ensuring that their orders comply with applicable securities rules,
laws, and regulations. Furthermore, the Exchange does not believe that
the use of the Market Order Check can replace User-managed risk
management solutions, and use of the Market Order Check does not
automatically constitute compliance with Exchange rules.
    The Exchange proposes to make the risk setting available to its
Users upon request and will not require Users to utilize the Market
Order Check. The Exchange will not provide preferential treatment to
Users utilizing the Market Order Check. However, the Exchange believes
the Market Order Check will offer Exchange Users another option in
efficient risk management of its access to the Exchange. For instance,
the Market Order Check may assist some Users in mitigating the risk of
receiving executions at unfavorable prices due to market fluctuations
and/or available liquidity in the subject security. Similarly, the
Market Order Risk Check may serve as a supplemental tool for Sponsoring
Members to ensure that market orders entered by their Sponsored
Participants do not unexpectedly cause undue impact to the market for a
security, which may occur when the market fluctuates, and an order
executes at prices significantly different from the price of the
security at the time of order entry.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the requirements of Section 6(b) of the Act,\9\ in general, and Section
6(b)(5) of the Act,\10\ in particular, in that it is designed to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, to foster cooperation and
coordination with persons engaged in facilitating transactions in
securities, to remove impediments to, and perfect the mechanism of, a
free and open market and a national market system and, in general, to
protect investors and the public interest.
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    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
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    Specifically, the proposed Market Order Check is designed to
protect investors and the public interest because it will provide Users
with a tool to help prevent the entry of market orders that may cause
unintentional market impact, and reduce the potential for disruptive,
market-wide events. The proposed Market Order Check may also assist
Users in managing their financial exposure by preventing executions at
unfavorable prices, thereby fostering the integrity of trading on the
securities markets and helping to assure the stability of the financial
system. Finally, the Exchange believes that the proposed rule change
does not unfairly discriminate among the Exchange's Users because like
each of the other Exchange's risk settings, use of the Market Order
Check is optional and available to all Users, and its use is not a
perquisite for participation on the Exchange.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change imposes
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. Rather, the proposed Market
Order Check will foster competition because it would allow the Exchange
to offer a risk check that is similar to functionality being offered by
Nasdaq,\11\ which offers an order type/attribution check that prevents
the entry of certain order types or modifiers that can be utilized,
including but not limited to, non-auction market orders. Additionally,
by providing Users with additional means to monitor and control their
risk, the proposed Market Order Check may enhance proper functioning of
the markets and contribute to additional competition among trading
venues and broker-dealer dealers. Finally, the proposed Market Order
Check will enable Users to strengthen their risk management
capabilities, which, in turn, may enhance the integrity of trading on
the securities markets and help to assure the stability of the
financial system.
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    \11\ Supra note 10.
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C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposal. No written comments were solicited or
received on the proposed rule change.

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

    Because the foregoing proposed rule change does not (A)
significantly affect the protection of investors or the public
interest; (b) impose any significant burden on competition; and (C)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \12\ and Rule 19b-
4(f)(6) \13\ thereunder.
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    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) \14\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\15\ the Commission
may designate a shorter time if such action is consistent with the
protection of investor and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposed
rule change may become operative upon filing. The Exchange states that
waiver of the 30-day operative delay will allow the Exchange to
immediately offer its Users an additional means to mitigate unintended
market impact, thus fostering the protection of investors and the
public interest. Because the proposed rule change does not raise any
novel regulatory issues, the Commission believes that waiving the 30-
day

operative delay is consistent with the protection of investors and the
public interest. Therefore, the Commission hereby waives the operative
delay and designates the proposal operative upon filing.\16\
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    \14\ 17 CFR 240.19b-4(f)(6).
    \15\ 17 CFR 240.19b-4(f)(6)(iii).
    \16\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission will institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's internet comment form (https://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
file number SR-CboeEDGX-2023-046 on the subject line.

Paper Comments

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

All submissions should refer to file number SR-CboeEDGX-2023-046. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (https://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for website viewing and
printing in the Commission's Public Reference Room, 100 F Street NE,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. Do not
include personal identifiable information in submissions; you should
submit only information that you wish to make available publicly. We
may redact in part or withhold entirely from publication submitted
material that is obscene or subject to copyright protection. All
submissions should refer to file number SR-CboeEDGX-2023-046 and should
be submitted on or before August 21, 2023.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12), (a)(59).
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J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2023-16112 Filed 7-28-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 142 (Wednesday, July 24, 2019)]
[Proposed Rules]
[Pages 35585-35586]
[FR Doc No: 2019-15605]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 721

[EPA-HQ-OPPT-2013-0399; FRL-9991-17]
RIN 2070-AB27

Proposed Revocation of Significant New Use Rule for Fatty Acid
Amide

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to revoke the significant new use rule (SNUR)
promulgated under the Toxic Substances Control Act (TSCA) for a
chemical substance which was identified generically as fatty acid amide
which was the subject of premanufacture notice (PMN) P-13-267. EPA
issued a SNUR based on the PMN designating certain activities as
significant new uses. EPA has received a significant new use notice
(SNUN) and test data for the chemical substance and is proposing to
revoke the SNUR based on the information in the submission.

DATES: Comments must be received on or before August 23, 2019.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2013-0399, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: Document Control Office (7407M), Office of Pollution
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC 20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html. Additional
instructions on commenting or visiting the docket, along with more
information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT:
    For technical information contact: Jim Alwood, Chemical Control
Division, Office of Pollution Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; email<EMAIL_ADDRESS>    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you manufacture
(including import), process, or use the chemical substance contained in
this rule. Potentially affected entities may include, but are not
limited to:
     Manufacturers or processors of the chemical substances
(NAICS codes 325 and 324110), e.g., chemical manufacturing and
petroleum refineries.
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. To determine
whether you or your business may be affected by this action, you should
carefully examine the applicability provisions in Sec.  721.5. If you
have any questions regarding the applicability of this action to a
particular entity, consult the technical person listed under FOR
FURTHER INFORMATION CONTACT.
    This action may also affect certain entities through pre-existing
import certification and export notification rules under TSCA. Chemical
importers are subject to the TSCA section 13 (15 U.S.C. 2612) import
certification requirements promulgated at 19 CFR 12.118 through 12.127
and 19 CFR 127.28. Chemical importers must certify that the shipment of
the chemical substance complies with all applicable rules and orders
under TSCA. Importers of chemicals subject to a SNUR must certify their
compliance with the SNUR requirements. The EPA policy in support of
import certification appears at 40 CFR part 707, subpart B. Importers
of the chemical, the subject of this action, would no longer be
required to certify compliance with the SNUR requirements if the
revocation becomes effective. In addition, if this proposed SNUR
revocation becomes effective, persons who export or intend to export
the chemical that is the subject of this action would no longer be
subject to the TSCA section 12(b) (15 U.S.C. 2611(b) export
notification requirements at 40 CFR part 707, that are currently
triggered by the SNUR.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

II. Background

A. What action is the agency taking?

    In the Federal Register of August 7, 2013 (78 FR 48051) (FRL-9393-
4), EPA promulgated a SNUR at Sec.  721.10691 for the chemical
substance identified generically as fatty acid amide (PMN P-13-267).
The SNUR designated release to water resulting in concentrations
greater than 1 part per billion as a significant new use. EPA has
received a SNUN that included human health and environmental toxicity
testing for the chemical substance and, based on its review of these
data, EPA now proposes to revoke the SNUR pursuant to Sec.  721.185. In
this unit, EPA provides a brief description of the chemical substance,
including the PMN and SNUN numbers, generic chemical name, the Federal
Register publication date and reference, the docket number, the basis
for revoking the SNUR under Sec.  721.185, and the CFR citation of the
SNUR.
PMN Number P-13-267 and SNUN S-15-9
    Chemical name: Fatty acid amide (generic).

    CAS number: Not available.
    Federal Register publication date and reference: August 7, 2013 (78
FR 48051).
    Basis for revocation of SNUR: EPA issued a SNUR for this substance
that designated certain activities as significant new uses based on a
finding that the substance may cause significant adverse environmental
effects and met the concern criteria at Sec.  721.170(b)(4)(ii). The
SNUR required notification before any use of the substance resulting in
surface water concentrations exceeding 1 part per billion (ppb).
Subsequently, a manufacturer of the substance submitted a SNUN to allow
surface water concentrations exceeding 1 ppb. Acute and chronic
toxicity values measured for fish, aquatic invertebrates, and algae in
the submitted data all demonstrated no effects at saturation in the
aqueous environment. In addition, the chronic toxicity value measured
for sediment-dwelling invertebrates is >788 milligrams/kilogram (mg/kg)
dry weight (Lowest Observed Effect Concentration). Test data on the
chemical substance were negative for the following human health
hazards: Mutagenicity, irritation to the eyes and skin, and skin
sensitization. A No-Observed Adverse Effect Level of 1,000 mg/kg-
bodyweight (bw)/day was identified based on no treatment-related
adverse effects at the highest dose tested in a 28-day oral repeated-
dose toxicity study (OECD Test Guideline 407). Based on the results of
the testing, EPA determined that the substance has inherently low
toxicity. The studies are available in the public docket. As a result,
EPA made a determination of not likely to present an unreasonable risk
under TSCA section 5(a)(3)(C) for the SNUN. EPA concludes that the
substance does not meet the criteria under Sec.  721.170(b). Therefore,
EPA proposes that the SNUR for these chemical substances be revoked
pursuant to Sec.  721.185(a)(4).
    CFR citation: 40 CFR 721.10691.

B. What is the Agency's authority for taking this action?

    Under Sec.  721.185, EPA may at any time revoke a SNUR for a
chemical substance which has been added to subpart E of Sec.  721 if
EPA makes one of the determinations set forth in Sec.  721.185(a)(1)
through (a)(6). Revocation may occur on EPA's initiative or in response
to a written request. Under Sec.  721.185(b)(3), if EPA concludes that
a SNUR should be revoked, the Agency will propose the changes in the
Federal Register, briefly describe the grounds for the action, and
provide interested parties an opportunity to comment.

III. Statutory and Executive Order Reviews

    This proposed rule would revoke or eliminate an existing regulatory
requirement and does not contain any new or amended requirements. As
such, the Agency has determined that this proposed SNUR revocation
would not have any adverse impacts, economic or otherwise.
    The Office of Management and Budget (OMB) has exempted these types
of regulatory actions from review under Executive Order 12866, entitled
Regulatory Planning and Review (58 FR 51735, October 4, 1993). This
proposed rule does not contain any information collections subject to
approval under the Paperwork Reduction Act (PRA), (44 U.S.C. 3501 et
seq.). Since this proposed rule eliminates a reporting requirement, the
Agency certifies pursuant to section 605(b) of the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601 et seq.), that this SNUR revocation
would not have a significant economic impact on a substantial number of
small entities.
    For the same reasons, this action does not require any action under
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L.
104-4). This proposed rule has neither Federalism implications, because
it would not have substantial direct effects on 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 entitled Federalism
(64 FR 43255, August 10, 1999), nor Tribal implications, because it
would not have substantial direct effects 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 in Executive Order
13175 entitled Consultation and Coordination with Indian Tribal
Governments (65 FR 67249, November 9, 2000).
    This action is not subject to Executive Order 13045 entitled
Protection of Children from Environmental Health Risks and Safety Risks
(62 FR 19885, April 23, 1997), because this is not an economically
significant regulatory action as defined under Executive Order 12866,
and it does not address environmental health or safety risks
disproportionately affecting children. This action is not subject to
Executive Order 1311, entitled Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use (66 FR 28355,
May 22, 2001), because this action is not expected to affect energy
supply, distribution, or use. Because this action does not involve any
technical standards, section 12(d) of the National Technology Transfer
and Advancement Act of 1995 (NTTAA), Public Law 104-113, section 12(d)
(15 U.S.C. 272 note), does not apply to this action. This action does
not involve special considerations of environmental justice related
issues as required by Executive Order 12898 entitled Federal Actions to
Address Environmental Justice in Minority Populations and Low-Income
Populations (59 FR 7629, February 16, 1994).

List of Subjects in 40 CFR Part 721

    Environmental protection, Chemicals, Hazardous substances,
Reporting and recordkeeping requirements.

    Dated: July 11, 2019.
Tala Henry,
Deputy Director, Office of Pollution Prevention and Toxics.

    Therefore, it is proposed that 40 CFR part 721 be amended as
follows:

PART 721--[AMENDED]

0
1. The authority citation for part 721 continues to read as follows:

    Authority: 15 U.S.C. 2604, 2607, and 2625(c).

0
2. Remove Sec.  721.10691.

Sec.  721.10691  [Removed]

[FR Doc. 2019-15605 Filed 7-23-19; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 66 (Friday, April 7, 2017)]
[Rules and Regulations]
[Pages 16932-16934]
[FR Doc No: 2017-06889]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2016-0781; FRL-9960-96-Region 5]

Air Plan Approval; Ohio; Removal of Gasoline Volatility
Requirements in the Cincinnati and Dayton Areas; Update on the Boutique
Fuel List for Illinois and Ohio

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the Ohio Environmental
Protection Agency (Ohio EPA) on December 19, 2016, concerning the
state's gasoline volatility standards in the Cincinnati and Dayton
areas. The revision removes the 7.8 pounds per square inch (psi) low
Reid Vapor Pressure (RVP) fuel requirements for the two areas as a
component of the Ohio ozone SIP. The submittal also includes a section
110(l) demonstration as required by the Clean Air Act (CAA) that
addresses emissions impacts associated with the removal of the program.
EPA proposed to approve the state's submittal on February 15, 2017.

DATES: This final rule is effective on April 7, 2017.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2016-0781. All documents in the docket are listed in
the http://www.regulations.gov Web site. 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 whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.

I. What is being addressed by this document?

    On February 15, 2017, at 82 FR 10727, EPA proposed to approve the
removal of the 7.8 psi RVP fuel requirements under OAC 3745-72-1 to 8
from the Ohio ozone SIP before the beginning of the 2017 ozone control
period. The 7.8 psi RVP fuel requirements specifically apply to
gasoline distributed in the Cincinnati and Dayton areas in Ohio.
    To support the removal of the 7.8 psi RVP fuel program requirements
from the SIP, the revision included amendments of OAC 3745-72-01
(Applicability), as effective on August 1, 2016; a summary of the Ohio-
specific analyses using EPA's Motor Vehicle Emissions Simulator (MOVES)
model to quantify the emissions impact associated with removing the 7.8
psi RVP fuel program in Cincinnati and Dayton; and a section 110(l)
demonstration that includes offset emissions documentation.

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

    Our February 15, 2017, proposed rule provided a 30-day review and
comment period. The comment period closed on March 17, 2017. EPA
received comments from three parties during the public comment period.
One comment was fully supportive of this action. A second comment
received was completely outside of the scope of this action and
therefore is not being addressed as part of this final action. We are
responding to the remaining comments received.
    Comment: The commenter asks how the proposed standards compare to
the standards of other states. The commenter further asks whether there
are other states who have undergone similar changes, and if so what was
the long-term effect of such changes.
    Response: Information on areas where EPA has approved requests to
remove the requirement to use low RVP gasoline from a state SIP, such
as the states of Georgia and Illinois, can be found on EPA's Web site
at the following location: (https://www.epa.gov/gasoline-standards/gasoline-reid-vapor-pressure). It also contains a state-by-state RVP
table that lists and compares all current federally required volatility
programs, as well as all EPA-approved SIP fuel programs.
    Regarding the long-term effect of such changes, any SIP revision
submitted to EPA for consideration needs to include a demonstration of
non-interference with the National Ambient Air Quality Standards
(NAAQS) under section 110(l) of the CAA to ensure that impacts on the
NAAQS are considered. Individual rulemakings on each action are
published in the Federal Register and would contain specific emissions
impacts for each of the situations.
    Comment: The commenter is seeking EPA's concurrence that the unused
emission reduction credits outlined in our action and generated in the
greater Cincinnati, Ohio area can be used to satisfy the emission
reductions that must be shown to demonstrate noninterference as part of
a future SIP revision removing Reformulated Gasoline requirements in
northern Kentucky.
    Response: EPA is not taking a position on the use of credits in a
future action since such issue is outside the scope of this action. Any
subsequent use of emission reduction credits outlined in our action
should be coordinated between Ohio and Kentucky when a request to
adjust requirements is made.

III. What action is EPA taking?

    EPA is approving a SIP revision submitted by Ohio EPA on December
19, 2016, removing the state's 7.8 psi RVP fuel requirement for
gasoline distributed in the Cincinnati and Dayton areas. The SIP
revision also includes a section 110(l) demonstration that uses
emissions credits from industrial facilities that have shut down or
permanently reduced emissions in Dayton and Cincinnati to offset
potential increases in emissions resulting from removing the state's
7.8 psi RVP fuel requirements. Upon approval of this SIP revision, 3.51
tons per year (tpy) of volatile organic compound (VOC) emissions
credits from the Miami Valley Publishing Company facility, 4.86 tpy of
VOC from the National Oilwell Varco facility, 40.50 tpy of oxides of
nitrogen (NOX) from the MillerCoors LLC facility and 21.72
tpy of NOX from the Wright-Patterson Air Force Base facility
will be permanently retired. This action is effective on April 7, 2017.
EPA is approving Ohio's removal of the 7.8 psi RVP fuel requirement as
a component of the Ohio ozone SIP because EPA has found that that
removal of the 7.8 psi RVP fuel requirements would not interfere with
attainment or maintenance of any of the National Ambient Air Quality
Standards in the Cincinnati and Dayton areas and would not interfere
with any other applicable requirement of the CAA, and thus, are
approvable under CAA section 110(l). EPA also finds that there is good
cause for this action to become effective

immediately upon publication. The immediate effective date for this
action is authorized under 5 U.S.C. 553(d)(3) which allows an effective
date less than 30 days after publication ``as otherwise provided by the
agency for good cause found and published with the rule.'' The purpose
of the 30-day waiting period prescribed in 553(d) is to give affected
parties a reasonable time to adjust their behavior and prepare before
the final rule takes effect. RVP control requirements are summer
control programs that are generally implemented during the summer ozone
season beginning on June 1 at retail gasoline stations. In order to
meet the June 1st requirement at retail gasoline stations, upstream
fuel distributers need to be able to have compliant RVP fuel available
starting on May 1st. Making this rule effective before the beginning of
the summer ozone season, will allow the regulated industry to avoid
having to address multiple RVP requirements during the 2017 ozone
season. For this reason, EPA finds good cause under 5 U.S.C. 553(d)(3)
for this action to become effective on the date of publication of this
action.

IV. Impacts on the Boutique Fuels List 1
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    \1\ On December 28, 2006 EPA published an FR notice establishing
the Boutique Fuels List. (See 71 FR 78195.)
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A. Removal of Gasoline Volatility Requirements in the Cincinnati and
Dayton Ozone Areas

    As explained at proposal, EPA is required to remove a fuel type
from the Boutique Fuels List if it ceases to be included in a SIP. (CAA
section 211(c)(4)(C)(v)(III). Ohio's 7.8 psi RVP fuel program that is
the subject of this final rule is one of the fuel types on the Boutique
Fuels List. EPA has also approved the 7.8 psi RVP fuel type into
several states SIPs. On the effective date of this rule, Ohio's 7.8 psi
RVP fuel rule will be removed from the approved SIP and we will also
remove the entry for Ohio's RVP rule from the boutique fuel list which
is available at: https://www.epa.gov/gasoline-standards/state-fuels.
However, the 7.8 psi RVP fuel type will remain on the boutique fuel
list because it continues to be included in several other states SIPs.
We will also update the Gasoline Reid Vapor Pressure Web page (https://www.epa.gov/gasoline-standards/gasoline-reid-vapor-pressure) on the
effective date of this final rule to remove the counties in the
Cincinnati and Dayton ozone areas from the list of areas where lower
RVP gasoline is required.

B. Removal of Gasoline Volatility Standards Applicable in the Illinois
Portion the St. Louis, MO-IL Ozone Area

    As previously explained, EPA is required to remove a fuel type from
the Boutique Fuels List when it ceases to be included in a SIP. The 7.2
psi RVP fuel type is included on the Boutique Fuels List. (See 71 FR
78199). On October 6, 2014, EPA published a direct final rule to remove
Illinois' 7.2 psi low RVP regulation from the State's SIP for its
portion of the St. Louis, MO-IL ozone area. (See 79 FR 60065.) The
removal became effective on December 5, 2014.
    Illinois was the only state with such a fuel type in its approved
SIP. EPA intends to publish a separate notice to remove the 7.2 psi RVP
fuel type from the list of boutique fuels.\2\ Removal of this fuel type
from the list creates room that could allow for a new fuel type to be
approved and added to the list. Approval of a new fuel type into a SIP
would be subject to certain restrictions as described in the December
28, 2006, Federal Register notice that established the list of boutique
fuels. (See 71 FR 78193).
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    \2\ EPA has previously updated its State Fuels and Gasoline Reid
Vapor Pressure Web pages to reflect the removal of the 7.2 psi RVP
requirement from the Illinois SIP.
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V. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the Ohio
Regulations described in the proposed amendments to 40 CFR part 52 set
forth below. Therefore, these materials have been approved by EPA for
inclusion in the SIP, have been incorporated by reference by EPA into
that plan, are fully federally enforceable under sections 110 and 113
of the CAA as of the effective date of the final rulemaking of EPA's
approval, and will be incorporated by reference by the Director of the
Federal Register in the next update to the SIP compilation.\3\ EPA has
made, and will continue to make, these materials generally available
through www.regulations.gov and/or at the EPA Region 5 Office (please
contact the person identified in the For Further Information Contact
section of this preamble for more information).
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    \3\ 62 FR 27968 (May 22, 1997).
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VI. 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 Order
12866 (58 FR 51735, October 4, 1993);
     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 June 6, 2017. 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, Incorporation by
reference, Intergovernmental relations, Nitrogen oxides, Ozone,
Volatile organic compounds.

    Dated: March 23, 2017.
Robert A. Kaplan,
Acting 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.

0
2. In Sec.  52.1870 the table in paragraph (c) is amended under
``Chapter 3745-72 Low Reid Vapor Pressure Fuel Requirements'' by
revising the entry for 3745-72-01 ``Applicability'' to read as follows:

Sec.  52.1870  Identification of plan.

* * * * *
    (c) * * *

                                          EPA-Approved Ohio Regulations
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                                                         Ohio
       Ohio citation             Title/subject         effective      EPA approval date            Notes
                                                         date
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                            Chapter 3745-72 Low Reid Vapor Pressure Fuel Requirements
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                                                  * * * * * * *
3745-72-01.................  Applicability........        8/1/2016  4/7/2017, [Insert      Only (A) to (C).
                                                                     Federal Register
                                                                     citation].

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[FR Doc. 2017-06889 Filed 4-6-17; 8:45 am]
 BILLING CODE 6560-50-P