[Federal Register Volume 78, Number 20 (Wednesday, January 30, 2013)]
[Notices]
[Pages 6371-6373]
[FR Doc No: 2013-01993]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68734; File No. SR-ICEEU-2013-01]

Self-Regulatory Organizations; ICE Clear Europe Limited; Notice
of Filing and Order Granting Accelerated Approval of Proposed Rule
Change To Extend Member Liability for Payment Obligations to the
Clearing House

January 25, 2013.
    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 January 10, 2013, ICE Clear Europe Limited (``ICE Clear Europe'' or
the ``Clearing House'') filed with the Securities and Exchange
Commission (``Commission'' or ``SEC'') the proposed rule change
described in Items I and II below, which Items have been substantially
prepared by ICE Clear Europe. The Commission is publishing this Notice
and Order to solicit comments on the proposed rule change from
interested persons and to approve the proposed rule change on an
accelerated basis.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change

    ICE Clear Europe submits proposed amendments to Parts 2 and 3 of
its Rules and CDS Procedures to clarify a Clearing Member's ongoing
payment obligation to ICE Clear Europe with respect to electronic
payment transfers. ICE Clear Europe proposes to amend Part 3 of the ICE
Clear Europe Rules to state when a Clearing Member's payment obligation
has been satisfied or discharged. Part 2 would be revised to further
clarify the application of the amendments to Part 3. The other proposed
changes in the ICE Clear Europe CDS Procedures reflect drafting
clarifications in Section 8.8(a), and do not affect the substance of
the ICE Clear Europe CDS Procedures. All capitalized terms not defined
herein are defined in the Rules or CDS Procedures.

II. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

    In its filing with the Commission, ICE Clear Europe 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 III below. ICE Clear Europe has prepared summaries,

set forth in sections A, B, and C below, of the most significant
aspects of such statements.\3\
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    \3\ The Commission has modified the text of the summaries
prepared by ICE Clear Europe pursuant to discussions with ICE Clear
Europe by telephone on January 22, 2013 (among Patrick Davis, Head
of Legal and Company Secretary, ICE Clear Europe; Gena Lai, Senior
Special Counsel, SEC; and Zachary Hunter, Attorney-Advisor, SEC) and
on January 24, 2013 (among the same parties, with the addition of
Geoffrey B. Goldman, Partner, Shearman & Sterling LLP).
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(A) Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

    In response to issues raised by the Bank of England as overseer of
its payment arrangements, ICE Clear Europe is submitting proposed
amendments that are intended to reduce the unsecured credit risk to ICE
Clear Europe in its payment system. The proposed amendments re-allocate
this unsecured credit risk by, among other things, stating the
conditions under which Clearing Members' payment obligations are deemed
to have been satisfied or discharged and clarifying the liability with
respect to payments not meeting those conditions.
    ICE Clear Europe proposes to revise Rule 301(f) in its Rulebook so
Clearing Members are deemed to have satisfied or discharged payment
obligations when three conditions are met. First, Rule 301(f)(i) would
require that the relevant electronic transfer of funds is actually
received by the Clearing House in unencumbered, fully cleared and fully
available funds in ICE Clear Europe's Clearing House Account at an
Approved Financial Institution (``AFI''), provided that the AFI is not
subject to an Insolvency. Second, Rule 301(f)(ii) would provide that if
the AFI is not a Concentration Bank, the AFI must have fully performed
its concentration function in respect of the payment in question, by
completing the transfer of funds from ICE Clear Europe's account at the
AFI to ICE Clear Europe's concentration account at a Concentration Bank
(which Concentration Bank is not subject to an Insolvency). Payments
transferred to ICE Clear Europe's concentration account at a
Concentration Bank must be in the form of unencumbered, fully cleared
and fully available funds, representing (a) in the case of a payment
under ICE Clear Europe Rule 302(a), a net amount reflecting all
payments processed through that AFI in respect of all calls on or
payments to all Clearing Members using that AFI under Rule 302(a) in
respect of the Business Day in question; or (b) in the case of a
payment not under ICE Clear Europe Rule 302(a) (for example, a payment
for an intra-day margin call or an ad hoc transfer of additional cash
Permitted Cover to ICE Clear Europe), the amount received from the
Clearing Member that is seeking to make the payment in question. Third,
Rule 301(f)(iii) would provide that, for payments under Rule 302(a)
only, the AFI (including if it is a Concentration Bank) has made all
relevant payments under Rule 302(a) due to the Clearing Member and
other Clearing Members (in its capacity as an AFI or Concentration
Bank) in respect of the Business Day in question.
    ICE Clear Europe also proposes to revise Rule 301(f) to clarify ICE
Clear Europe's, its Clearing Members', and an AFI's rights or
liabilities in the event the AFI fails to make a payment referred to
under Rule 301(f). Specifically, Rule 301(f) would provide that nothing
in Rule 301(f) restricts or prevents ICE Clear Europe or any Clearing
Member from making any claim against an AFI which has failed to make a
payment under Rule 301(f). In particular, the Clearing House will not
be deemed to have had any loss, liability or shortfall made good or
whole vis-[agrave]-vis an AFI by virtue of any further payment by a
Clearing Member in addition to an attempted payment not credited to its
account as a result of Rule 301(f). Additionally, an AFI which has
failed to make any payment under Rule 301(f) will remain fully liable
to the Clearing House or relevant Clearing Member for any such failed
payment or account balance notwithstanding a reimbursement or
additional payment as between a Clearing Member and the Clearing House.
    Further, ICE Clear Europe proposes to revise Rule 301(f) to clarify
ICE Clear Europe's procedures in the event a payment fails to meet the
requirements of Rule 301(f)(i)-(iii). In essence, ICE Clear Europe must
first notify the Clearing Member of the failed payment and request that
it make the payment using alternative means before ICE Clear Europe may
declare that the Clearing Member is subject to an Event of Default. ICE
Clear Europe would not declare an Event of Default unless and until the
Clearing Member failed to make the latter payment (other than solely
due to the operation of either Rule 301(f)(ii) or Rule 301(f)(iii). In
addition, Rule 301(f) would provide that ICE Clear Europe will return
any funds recovered from the AFI if the Clearing Member satisfied its
payment obligations through an additional payment that complies with
the Rule.
    In particular, Rule 301(f) would provide that, in the event that
(a) a payment is received into an ICE Clear Europe Account at an AFI
but the requirements of Rule 301(f)(ii) or Rule 301(f)(iii) are not
satisfied; (b) an affected Clearing Member has satisfied its payment
obligations through an additional payment which complies with the
requirements of Rule 301(f); and (c) ICE Clear Europe makes a recovery
or irrevocably receives any part or full payment from the AFI into one
of its accounts at a Concentration Bank (which Concentration Bank is
not subject to an Insolvency), then ICE Clear Europe will make payment
to affected Clearing Members in respect of the recovery or receipt
actually made by ICE Clear Europe, net of ICE Clear Europe's costs and
expenses, pro rata in proportion to the amounts of the original missed
payments of each affected Clearing Member.
    ICE Clear Europe also proposes to add new Rule 301(l) to provide
clarification regarding the satisfaction of ICE Clear Europe's
obligations to its Clearing Members, providing that ICE Clear Europe's
obligations have been satisfied or discharged when the relevant Credit/
Debit Payment Transfer Order arises. Specifically, new Rule 301(l)
provides that ``[a]ny payment due to a Clearing Member from ICE Clear
Europe will be recognized as having been duly made, and ICE Clear
Europe's obligations in respect thereof shall be treated as having been
satisfied and discharged, at the time that the relevant Credit/Debit
Payment Transfer Order arises relating to such payment (or, if the
Clearing Member or AFI is not a Participant, would have arisen were the
Clearing Member or AFI to have been a Participant), provided that ICE
Clear Europe has reason to believe that the Clearing House Account from
which payment is to be made has sufficient funds or credit on
Account.'' This provision, like the proposed amendments to Rule 301(f),
is intended to re-allocate the risk of unsecured credit losses, rather
than concentrating it with ICE Clear Europe.
    Finally, Rule 209(c) would be revised to state that neither Rules
301(f)(ii)-(iii) nor Rule 301(l) shall apply to payments made or
received after the Insolvency or an Event of Default as aforementioned
in respect of ICE Clear Europe.
    ICE Clear Europe believes that the proposed rule change is
consistent with the requirements of Section 17A of the Act and the
regulations thereunder applicable to it. Specifically, ICE Clear Europe
believes that the proposed rule change will improve the finality and
accuracy of its daily settlement process and reduce the risk to
Clearing House of settlement failures, thereby permitting

the accurate clearing and settlement of cleared transactions.

(B) Clearing Agency's Statement on Burden on Competition

    ICE Clear Europe does not believe the proposed rule change would
have any impact, or impose any burden, on competition.

(C) Clearing Agency's Statement on Comments on the Proposed Rule Change
Received From Members, Participants, or Others

    ICE Clear Europe has solicited written comments relating to the
proposed rule change, but has not received any written comments to
date. ICE Clear Europe will notify the Commission of any written
comments received by ICE Clear Europe.

III. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-ICEEU-2013-01 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ICEEU-2013-01. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filings will also be available
for inspection and copying at the principal office of ICE Clear Europe
and on ICE Clear Europe's Web site (https://www.theice.com/publicdocs/regulatory_filings/011013_ICEU_SEC.pdf). All comments received will
be posted without change; the Commission does not edit personal
identifying information from submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-ICEEU-2013-01 and should be submitted on
or before February 20, 2013.

IV. Commission's Findings and Order Granting Accelerated Approval of
Proposed Rule Change

    Section 19(b) of the Act \4\ directs the Commission to approve a
proposed rule change of a self-regulatory organization if it finds that
such proposed rule change is consistent with the requirements of the
Act and the rules and regulations thereunder applicable to such
organization. The Commission finds that the proposed rule change is
consistent with the requirements of the Act, in particular the
requirements of Section 17A of the Act,\5\ and the rules and
regulations thereunder applicable to ICE Clear Europe. Specifically,
the Commission finds that the proposed rule change is consistent with
Section 17A(b)(3)(F) of the Act, which requires, among other things,
that the rules of a registered clearing agency be designed to assure
the safeguarding of securities and funds which are in the custody or
control of the clearing agency or for which it is responsible.\6\ As
the proposed rule change is intended to reduce unsecured credit risk to
ICE Clear Europe in its payment systems, by means of stating the
conditions under which Clearing Members' payment obligations are deemed
to have been satisfied or discharged and clarifying the liability with
respect to payments not meeting those conditions, the proposed rule
change is designed to assure the safeguarding of securities and funds
which are in the custody or control of ICE Clear Europe.
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    \4\ 15 U.S.C. 78s(b).
    \5\ 15 U.S.C. 78q-1. In approving this proposed rule change, the
Commission has considered the proposed rule's impact on efficiency,
competition, and capital formation. 15 U.S.C. 78c(f).
    \6\ 15 U.S.C. 78q-1(b)(3)(F).
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    ICE Clear Europe has requested that the Commission approve the
proposed rule change on an accelerated basis. The Bank of England has
indicated that implementation of the proposed rule change would
mitigate to a significant extent the unsecured credit risk to which ICE
Clear Europe is currently exposed.\7\ Based on the foregoing, the
Commission finds good cause for accelerating approval.
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    \7\ Teleconference on January 11, 2013, among Robleh Ali, FS-PID
Oversight Team, Bank of England; Joseph Kamnik, Assistant Director,
SEC; Gena Lai, Senior Special Counsel, SEC; and Zachary Hunter,
Attorney-Advisor, SEC.
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V. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the Act,
that the proposed rule change (SR-ICEEU-2013-01) is approved on an
accelerated basis.

    For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\8\
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    \8\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-01993 Filed 1-29-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: December 10, 2009 (Volume 74, Number 236)]
[Notices]
[Page 65527-65528]
[DOCID:fr10de09-53]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC09-592-001]

Commission Information Collection Activities (FERC-592); Comment
Request; Submitted for OMB Review

December 3, 2009.
AGENCY: Federal Energy Regulatory Commission

ACTION: Notice.

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SUMMARY: In compliance with the requirements of section 3507 of the
Paperwork Reduction Act of 1995, 44 USC 3507, the Federal Energy
Regulatory Commission (Commission or FERC) has submitted the
information collection described below to the Office of Management and
Budget (OMB) for review of the information collection requirements. Any
interested person may file comments directly with OMB and should
address a copy of those comments to the Commission as explained below.
The Commission issued two Notices related to FERC-592 that were
published in the Federal Register: (a) ``Commission Information
Collection Activities (FERC-592); Comment Request; Extension'' (74FR
50176, 9/30/2009), and (b) ``Request for Comment on and Emergency
Short-Term Clearance Extension of OMB Approval for FERC-592''
(74FR58010, 11/10/2009). FERC received no comments from these notices
and has made this notation in its submission to OMB.

DATES: Comments on the collection of information are due by January 11,
2010.

ADDRESSES: Address comments on the collection of information to the
Office of Management and Budget, Office of Information and Regulatory
Affairs, Attention: Federal Energy Regulatory Commission Desk Officer.
Comments to OMB should be filed electronically, c/o oira_
<EMAIL_ADDRESS>and include OMB Control Number 1902-0157 as a
point of reference. The Desk Officer may be reached by telephone at
202-395-4638. A copy of the comments should also be sent to the Federal
Energy Regulatory Commission and should refer to Docket No. IC09-592-
001. Comments may be filed either electronically or in paper format.
Those persons filing electronically do not need to make a paper filing.
Documents filed electronically via the Internet must be prepared in an
acceptable filing format and in compliance with the Federal Energy
Regulatory Commission submission guidelines. Complete filing
instructions and acceptable filing formats are available at http://
www.ferc.gov/help/submission-guide/electronic-media.asp. To file the
document electronically, access the Commission's Web site and click on
Documents & Filing, E-Filing (http://www.ferc.gov/docs-filing/
efiling.asp), and then follow the instructions for each screen. First
time users will have to establish a user name and password. The
Commission will send an automatic acknowledgement to the sender's e-
mail address upon receipt of comments.
    For paper filings, an original and two copies of the comments
should be submitted to the Federal Energy Regulatory Commission,
Secretary of the Commission, 888 First Street, NE., Washington, DC
20426, and should refer to Docket No. IC09-592-001.
    All comments may be viewed, printed or downloaded remotely via the
Internet through FERC's homepage using the ``eLibrary'' link. For user
assistance, contact<EMAIL_ADDRESS>or toll-free at (866)
208-3676 or for TTY, contact<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by
telephone at<PHONE_NUMBER>, by fax at<PHONE_NUMBER>, and by e-mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: FERC-592 (``Standards of Conduct for
Transmission Providers; and Marketing Affiliates of Interstate
Pipelines,'' OMB No. 1902-0157) includes the reporting, recordkeeping,
and posting requirements in:
     18 CFR Part 358 (Standards of Conduct),
     18 CFR 250.16, and
     FERC Form No. 592 log/format, that is posted at http://
www.ferc.gov/docs-filing/eforms.asp#592.

Hereafter, this Notice will refer to this group of collections of
information as ``FERC-592.''
    Under section 4 of the Natural Gas Act (NGA), the Commission has
the regulatory responsibility to ensure that pipeline rates and terms
and conditions of service are just and reasonable and not unduly
discriminatory. In order to ensure just and reasonable rates and
services, the Commission must achieve two objectives: Prevent undue
discrimination in natural gas markets, and promote competitive and
efficient markets while mitigating market power. In short, the
Commission's regulatory policy must seek to reconcile the objectives of
fostering an efficient market that provides good alternatives to as
many shippers as possible, while at the same time creating a regulatory
framework that is fair and protects captive customers without good
alternatives.
    The ``FERC-592'' information (that is posted on the Web site,
maintained, and/or provided by the respondents, as required) is used by
the Commission to monitor the pipeline's transportation, sales, and
storage activities for its marketing affiliate, and to deter undue
discrimination by pipeline companies in favor of their affiliates. The
information is also used by non-affiliated shippers, customers, and
others (such as state commissions) to determine whether they have been
harmed by affiliate preference and, in some cases, to prepare evidence
for proceedings following the filing of a complaint or that address NGA
section 4 rate cases.
    Action: The Commission is requesting a three-year extension of the
expiration date for the FERC-592, with no changes to the reporting
requirements.
    Burden Statement: Public reporting burden \1\ for this collection
is estimated as follows.
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    \1\ The average number of hours an employee works per year is
2,080. The average employee costs $128,297 per year.

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                                                                                Average
 Information collection ``FERC-592'' (OMB No.     Number of       Number of     burden hours      Total annual
                  1902-0157)                     respondents    responses per   per response    burden hours (1)
                                                annually (1)   respondent (2)        (3)          x (2) x (3)
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18 CFR Part 358..............................  ..............  ..............  ..............  .................
18 CFR 250.16................................  ..............  ..............  ..............  .................
FERC Form No. 592 log/format.................              85               1          116.62              9,913
----------------------------------------------------------------------------------------------------------------
 [Note: These figures may not be exact, due to rounding.]

    The total estimated annual cost burden \1\ to respondents is
$611,446.22 [(9,913 hours/2,080 hours per year) x $128,297/year]. The
average annual cost per respondent is $7,193.48.
    The reporting burden includes the total time, effort, or financial
resources expended to generate, maintain, retain, disclose, or provide
the information including: (1) Reviewing instructions; (2) developing,
acquiring, installing, and utilizing technology and systems for the
purposes of collecting, validating, verifying, processing, maintaining,
disclosing and providing information; (3) adjusting the existing ways
to comply with any previously applicable instructions and requirements;
(4) training personnel to respond to a collection of information; (5)
searching data sources; (6) completing and reviewing the collection of
information; and (7) transmitting, or otherwise disclosing the
information.
    The estimate of cost for respondents is based upon salaries for
professional and clerical support, as well as direct and indirect
overhead costs. Direct costs include all costs directly attributable to
providing this information, such as administrative costs and the cost
for information technology. Indirect or overhead costs are costs
incurred by an organization in support of its mission. These costs
apply to activities which benefit the whole organization rather than
any one particular function or activity.
    Comments are invited on: (1) Whether the proposed collections of
information are necessary for the proper performance of the functions
of the Commission, including whether the information will have
practical utility; (2) the accuracy of the agency's estimates of the
burden of the proposed collections of information, including the
validity of the methodology and assumptions used; (3) ways to enhance
the quality, utility and clarity of the information to be collected;
and (4) ways to minimize the burden of the collection of information on
those who are to respond, including the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g. permitting electronic
submission of responses.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-29412 Filed 12-9-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 148 (Monday, August 3, 2015)]
[Rules and Regulations]
[Pages 45890-45893]
[FR Doc No: 2015-18828]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2014-0854; FRL-9931-54-Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Amendments to the Control of Gasoline and Volatile Organic
Compound Storage and Handling

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve a revision to the Maryland State Implementation
Plan (SIP). The revision pertains to amendments to Code of Maryland
Regulation (COMAR) 26.11.13, Control of Gasoline and Volatile Organic
Compound Storage and Handling. The amendments consist of establishing
an alternative and equivalent method of transfer of high pressure
materials as well as changing incorrect references in regulations .04
and .05. EPA is

approving this revision in accordance with the requirements of the
Clean Air Act (CAA).

DATES: This rule is effective on October 2, 2015 without further
notice, unless EPA receives adverse written comment by September 2,
2015. If EPA receives such comments, it will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2014-0854 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
    B. Email<EMAIL_ADDRESS>    C. Mail: EPA-R03-OAR-2014-0854, Cristina Fernandez, Associate
Director, Office of Air Program Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2014-0854. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI, or otherwise protected, through www.regulations.gov or email.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly to EPA without going through www.regulations.gov, your
email address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on
the Internet. If you submit an electronic comment, EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., 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 in www.regulations.gov or
in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal
are available at the Maryland Department of the Environment, 1800
Washington Boulevard, Suite 705, Baltimore, Maryland 21230.

FOR FURTHER INFORMATION CONTACT: Asrah Khadr,<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On October 8, 2014, Maryland submitted a formal revision (#14-05)
to its State Implementation Plan (SIP). The SIP revision consists of
amendments to COMAR 26.11.13, Control of Gasoline and Volatile Organic
Compound Storage and Handling. The amendments consist of establishing
an alternative and equivalent method of transfer of high pressure
materials as well as changing incorrect references in regulations .04
and .05.

II. Summary of SIP Revision

    COMAR 26.11.13, Control of Gasoline and Volatile Organic Compound
Storage and Handling, provides regulations that control the emissions
of volatile organic compounds (VOCs) from the storage and handling of
substances containing VOCs. The October 8, 2014 SIP submittal includes
corrections to references found within sections .04 and .05 of COMAR
26.11.13. The corrected references add an update regarding the
technical memorandum referenced in the sections. Maryland updated its
citation to Test Methods and Equipment Specifications for Stationary
Sources for both Sections .04 and .05 by adding a reference to an
update to the memorandum. The reference now reads as Test Methods and
Equipment Specifications for Stationary Sources [(]January 1991[)], as
amended through Supplement 3 (October 1, 1997). Section .04 was amended
to establish an alternative and equivalent method of transfer of high
pressure materials.
    Section .04 sets requirements for loading/transfer operations of
high pressure materials (defined as having a pressure which exceeds 1.5
pound per square inch absolute (psia)). Currently in the State of
Maryland an industry standard is used for the transfer of gasoline and
fuel grade ethanol products. The industry standard is referred to as a
dry disconnect. Dry disconnects transfer high pressure materials and
upon disconnection, they immediately close to prevent the release of
VOCs or high pressure material. Currently, there is no industry
standard for the loading/transfer of other high pressure materials
outside of gasoline and fuel grade ethanol. Because there is a lack of
industry standard for the transfer of other high pressure materials,
this SIP revision provides amendments to establish alternative and
equivalent compliance procedures for the transfer of other high
pressure materials.
    The alternative compliance procedures include the use of an
overhead loading rack that would transfer the high pressure materials
from a railroad tank car to a tank truck or vice versa. This would also
require the utilization of spill control equipment, such as spill pans,
that would prevent the leak of high pressure material during post
loading disconnection. In addition to this system one of the following
measures must also be used: Walking the hose clear of material, using a
pump to clean the line of material, or using an inert gas to clean the
material from the hose.

III. Final Action

    EPA is approving amendments to COMAR 26.11.13, Control of Gasoline
and Volatile Organic Compound Storage and Handling, which include
establishing an alternative and equivalent method of transfer of high
pressure materials as well as changing incorrect references in
regulations .04 and .05. EPA is publishing this rule prior to proposal
because EPA views this as a noncontroversial amendment and anticipates
no adverse comment. However, in the ``Proposed Rules'' section of
today's Federal Register, EPA is publishing a separate document that
will serve as the proposal to approve the SIP revision if adverse
comments are filed. This rule will be effective on October 2, 2015
without further notice unless EPA receives adverse comment by September
2, 2015. If EPA receives adverse comment, EPA will publish a timely
withdrawal in the Federal

Register informing the public that the rule will not take effect. EPA
will address all public comments in a subsequent final rule based on
the proposed rule. EPA will not institute a second comment period on
this action. Any parties interested in commenting must do so at this
time. Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse comment.

IV. Incorporation by Reference

    In this rulemaking action, the EPA is finalizing regulatory text
that includes incorporation by reference. In accordance with
requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by
reference of COMAR 26.11.13. The EPA has made, and will continue to
make, these documents generally available electronically through
www.regulations.gov and/or in hard copy at the appropriate EPA office
(see the ADDRESSES section of this preamble for more information).

V. Statutory and Executive Order Reviews

A. General Requirements

    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, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by October 2, 2015. 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. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking action.
    This action which approves changes to COMAR 26.11.13 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 dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: July 20, 2015.
William C. Early,
Acting Regional Administrator, Region III.

    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.

Subpart V--Maryland

0
2. In Sec.  52.1070, the table in paragraph (c) is amended by revising
entries for ``<IP_ADDRESS>'' and ``<IP_ADDRESS>'' to read as follows:

Sec.  52.1070  Identification of plan.

* * * * *
    (c) * * *

                 EPA-Approved Regulations, Technical Memoranda, and Statutes in the Maryland Sip
----------------------------------------------------------------------------------------------------------------
                                                          State                          Additional explanation/
 Code of Maryland Administrative     Title/subject      effective    EPA approval date      citation at 40 CFR
  Regulations (COMAR) citation                             date                                  52.1100
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
                 26.11.13 Control of Gasoline and Volatile Organic Compound Storage and Handling

                                                  * * * * * * *
<IP_ADDRESS>.....................  Loading Operations.      5/28/14  8/3/15, [Insert      Addition of alternative
                                                                     Federal Register     compliance procedure
                                                                     citation].           and administrative
                                                                                changes.
<IP_ADDRESS>.....................  Gasoline Leaks from      5/28/14  8/3/15, [Insert      Administrative changes.
                                   Tank Trucks.                      Federal Register
                                                                     citation].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2015-18828 Filed 7-31-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 60 (Wednesday, March 31, 2021)]
[Notices]
[Page 16714]
[FR Doc No: 2021-06618]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No.AD21-8-000]

Technical Conference on Reassessment of the Electric Quarterly
Report Requirements; Notice of Technical Conference

    Take notice that on May 19, 2021, the Federal Energy Regulatory
Commission (Commission) will convene a staff-led technical conference
via webcast as part of a reassessment of the Electric Quarterly Report
(EQR) requirements. A supplemental notice will be issued prior to the
conference with further details regarding the agenda, meeting
registration information, and electronic log-in information.
    The purpose of this technical conference is to provide a forum for
Commission staff, filers, and data users to discuss potential changes
to the current EQR data fields. This technical conference is the second
in a series of conferences related to a reassessment of the EQR
requirements.
    Commission conferences are accessible under section 508 of the
Rehabilitation Act of 1973. For accessibility accommodations, please
send an email to<EMAIL_ADDRESS>or call toll free 1-866-208-
3372 (voice) or<PHONE_NUMBER> (TTY), or send a FAX to<PHONE_NUMBER> with
the required accommodations.
    For more information about the EQR technical conference, please
contact Jeff Sanders of the Commission's Office of Enforcement at (202)
502-6455, or send an email to<EMAIL_ADDRESS>Additional information will
also be provided on the EQR web page.

    Dated: March 25, 2021.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2021-06618 Filed 3-30-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 126 (Wednesday, July 1, 2015)]
[Rules and Regulations]
[Pages 37545-37547]
[FR Doc No: 2015-15936]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2015-0529]
RIN 1625-AA00

Safety Zones; Fourth of July Fireworks Displays, Murrells Inlet
and North Myrtle Beach, SC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing two temporary safety zones
during Fourth of July Fireworks Displays on certain navigable waterways
in Murrells Inlet and North Myrtle Beach, South Carolina. These safety
zones are necessary to protect the public from hazards associated with
launching fireworks over navigable waters of the United States. Persons
and vessels are prohibited from entering, transiting through, anchoring
in, or remaining within any of the safety zones unless authorized by
the Captain of the Port Charleston or a designated representative.

DATES: This rule is effective on July 4, 2015 and will be enforced from
9:30 p.m. until 9:50 p.m.

ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2015-0529. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with thie rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the U.S. Department of Transportation, West Building, 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 FURTHER INFORMATION CONTACT: If you have questions on this
temporary final rule, call or email CWO Christopher L. Ruleman, Sector
Charleston Office of Waterways Management, U.S. Coast Guard; telephone
(843) 740-3184, email<EMAIL_ADDRESS>If you have
questions on viewing the docket, call Cheryl Collins, Program Manager,
Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

NPRM Notice of proposed rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.''
    Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause
exists for not publishing a notice of proposed rulemaking (NPRM) with
respect to this rule because the Coast Guard did not receive necessary
information regarding the fireworks displays until June 5, 2015. As a
result, the notice and opportunity procedures were impracticable
because the Coast Guard did not have sufficient time to publish an NPRM
and to receive public comments prior to the fireworks displays. Any
delay in the effective date of this rule would be impracticable and
contrary to the public interest because immediate action is needed to
minimize

potential danger to the public during the fireworks displays.
    For the same reason discussed above, under 5 U.S.C. 553(d)(3) the
Coast Guard finds that good cause exists for making this rule effective
less than 30 days after publication in the Federal Register.

B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to
establish regulated navigation areas and other limited access areas: 33
U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Department of Homeland Security Delegation No. 0170.1. The purpose of
the rule is to protect the public from the hazards associated with
launching fireworks over navigable waters of the United States.

C. Discussion of Rule

    Two fireworks displays are planned for Fourth of July celebrations
in the vicinity of Myrtle Beach in the Captain of the Port Charleston
Zone. The fireworks will be launched from piers. The fireworks will be
aimed to explode over navigable waters of the United States. The Coast
Guard is establishing two temporary safety zones for these Fourth of
July fireworks displays.
    1. Murrells Inlet, South Carolina. All waters within a 1,000 yard
radius around Veterans Pier, from which the fireworks will be launched,
located on the Atlantic Intracoastal Waterway. This safety zone will be
enforced from 9:30 p.m. until 9:50 p.m. on July 4, 2015.
    2. North Myrtle Beach, South Carolina. All waters within a 500 yard
radius around Cherry Grove Pier, from which the fireworks will be
launched, located on the Atlantic Ocean. This safety zone will be
enforced from 9:30 p.m. until 9:50 p.m. on July 4, 2015.
    Persons and vessels are prohibited from entering, transiting
through, anchoring in, or remaining within either safety zone unless
authorized by the Captain of the Port Charleston or a designated
representative. Persons and vessels desiring to enter, transit through,
anchor in, or remain within either safety zone may contact the Captain
of the Port Charleston via telephone at<PHONE_NUMBER>, or a designated
representative via VHF radio on channel 16, to request authorization.
If authorization to enter, transit through, anchor in, or remain within
either safety zone is granted by the Captain of the Port Charleston or
a designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port Charleston or a designated representative. The Coast Guard will
provide notice of the safety zones by Broadcast Notice to Mariners,
Marine Safety Information Bulletins, and on-scene designated
representatives.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those orders. The economic impact of
this rule is not significant for the following reasons: (1) The safety
zone will only be enforced for a total of twenty minutes; (2) although
persons and vessels may not enter, transit through, anchor in, or
remain within the safety zone without authorization from the Captain of
the Port Charleston or a designated representative, they may operate in
the surrounding area during the enforcement period; (3) persons and
vessels may still enter, transit through, anchor in, or remain within
the safety zone if authorized by the Captain of the Port Charleston or
a designated representative; and (4) the Coast Guard will provide
advance notification of the safety zone to the local maritime community
by Local Notice to Mariners and Broadcast Notice to Mariners.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, 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. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    Based on its short duration, limited geographic area, and for the
reasons discussed in the Regulatory Planning and Review section above,
this rule will not have a significant economic impact on a substantial
number of small entities.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement 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 the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect 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. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires

Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, 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 $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f). Based on our
analysis, we concluded this action is one of a category of actions that
do not individually or cumulatively have a significant effect on the
human environment. This rule involves safety zones during Fourth of
July Fireworks displays near Murrells Inlet and North Myrtle Beach,
South Carolina. This rule is categorically excluded from further review
under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. We
seek any comments or information that may lead to the discovery of a
significant environmental impact from this rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Add a temporary Sec.  165.T07-0529 to read as follows:

Sec.  165.T07-0529  Safety Zone; Fourth of July Fireworks Displays, in
vicinity of Myrtle Beach, Myrtle Beach, SC.

    (a) Regulated Area. The following regulated areas are safety zones.
    (1) Murrells Inlet, South Carolina. All waters within a 500 yard
radius around Veterans Pier, from which the fireworks will be launched,
located on the Atlantic Intracoastal Waterway.
    (2) North Myrtle Beach, South Carolina. All waters within a 500
yard radius around Cherry Grove Pier, from which the fireworks will be
launched, located on the Atlantic Ocean.
    (b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port Charleston in the enforcement of the regulated
area.
    (c) Regulations. (1) All persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area unless authorized by the Captain of the Port Charleston
or a designated representative.
    (2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated area may contact the Captain of the
Port Charleston by telephone at<PHONE_NUMBER>, or a designated
representative via VHF radio on channel 16, to request authorization.
If authorization to enter, transit through, anchor in, or remain within
the regulated area is granted by the Captain of the Port Charleston or
a designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port Charleston or a designated representative.
    (3) The Coast Guard will provide notice of the regulated area by
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
    (d) Effective period. This rule will be effective on July 4, 2015
and enforced from 9:30 p.m. until 9:50 p.m.

    Dated: June 17, 2015.
G.L. Tomasulo,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2015-15936 Filed 6-30-15; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 78, Number 3 (Friday, January 4, 2013)]
[Notices]
[Pages 727-729]
[FR Doc No: 2012-31716]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9765-7]

Public Notice of Proposed Reissuance of the NPDES General Permits
for Facilities/Operations That Generate, Treat, and/or Use/Dispose of
Sewage Sludge by Means of Land Application, Landfill, and Surface
Disposal in the EPA Region 8

AGENCY: Environmental Protection Agency.

ACTION: Notice of intent to reissue NPDES general permits and request
for comments.

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

SUMMARY: Region 8 of the EPA is hereby giving notice of its tentative
determination to reissue National Pollutant Discharge Elimination
System (NPDES) general permits for facilities or operations that
generate, treat, and/or use/dispose of sewage sludge by means of land
application, landfill, and surface disposal in the States of CO, MT,
ND, and WY and in Indian country in the States of CO, MT, ND, SD, WY
and UT (except for the Goshute Indian Reservation and the Navajo Indian
Reservation).

DATES: Public comments on this proposal must be received, in writing,
on or before February 19, 2013.

ADDRESSES: Public comments should be sent to: WASTEWATER UNIT (8P-W-
WW); ATTENTION: BIOSOLIDS PROGRAM; U.S. EPA, REGION 8; 1595 WYNKOOP
STREET; DENVER, CO 80202-1129.

FOR FURTHER INFORMATION CONTACT: Copies of the draft permit and Fact
Sheet may be downloaded from the EPA Region 8 web page at http://www.epa.gov/region8/water/biosolids/documents.html. For a printed copy
of the draft permit and Fact Sheet, please write Bob Brobst at the
above address or telephone<PHONE_NUMBER>. Questions regarding the
specific permit requirements may be directed to Bob Brobst, telephone
(303) 312-6129.
    Public Comment Period: Public comments are invited. Comments must
be written and must be received by no later than February 19, 2013.
Comments should be sent to: WASTEWATER UNIT (8P-W-WW); ATTENTION:
BIOSOLIDS PROGRAM; U.S. EPA, REGION 8; 1595 WYNKOOP STREET; DENVER, CO
80202-1129. Each comment should cite the page number and, where
possible, the section(s) and/or paragraph(s) in the draft permit or
Fact Sheet to which each comment refers. Commenters should use a
separate paragraph for each issue discussed.

SUPPLEMENTARY INFORMATION: On June 21, 2000 and September 21, 2000,
U.S. District Judge Donald W. Molloy issued orders stating that until
all necessary total maximum daily loads under Section 303(d) of the
Clean Water Act are established for a particular water quality limited
segment, the EPA is not to issue any new permits or increase permitted
discharges under the NPDES program. (The orders were issued in the
lawsuit Friends of the Wild Swan, Inc., et al., v. U.S. E.P.A., et al.,
CV 97-35-M-DWM, District of Montana, Missoula Division.) The EPA finds
that the reissuance of this proposed general permit does not conflict
with this order, because (1) the proposed permit would not authorize
any point source discharges and (2) as discussed under the ``Protection
of Public Health and The Environment'' section of the Fact Sheet for
the general permits, the use and/or disposal of sewage sludge in
compliance with the conditions of this permit is not likely to have any
adverse effect on any waterbody in Montana that has been listed under
Section 303(d) of the Clean Water Act. If any member of the public
believes that the EPA should interpret the District Court's decision
otherwise, the EPA requests that this issue be brought to its attention
during the public comment period on this proposed permit.
    Since these permits do not involve discharges to waters of the
United States, certification under Sec.  401(a)(1) of the Clean Water
Act is not necessary for the issuance of these permits and
certification will not be requested.
    Region 8 is proposing to continue to use general permits instead of
individual permits for permitting such sewage sludge related activities
in order to reduce the Region's administrative burden of issuing
separate individual permits. The renewal permits and fact sheets are
very similar to the previous permits and fact sheets. Minor editing was
done throughout the permits and fact sheets to correct typographic
errors, update the list of the tribal environmental contacts, and some
wording changes were made to provide clarification. The only
significant changes made to the permits and fact sheets were: (1)
References to Biosolids Data Management System (BDMS) was removed as it
is no longer compatible with current computer systems; (2) In Table 12
several antiquated analytical methods were removed from the list of
acceptable analytical methods to be used in the analysis of sewage
sludge. These methods may still be used with permission of the
permitting authority; and (3) In Part <IP_ADDRESS>.8 of the landfilling part
of the permit, the requirement to do Part 4.1.4 of the permit was added
for when sewage sludge is used in the final cover of the landfill. The
purpose is to require agronomic soil sampling for calculating the
proper amount of sewage sludge to be utilized in the establishment/
maintenance of vegetation on the final cover of the landfill. The
administrative burden for most of the regulated sources is expected to
be less under the general permits than with individual permits, and it
will be much quicker to obtain permit coverage with general permits
than with individual permits. The substantive permit requirements would
be essentially the same with an individual permit or under the general
permit. Facilities or operations that incinerate sewage sludge are not
eligible for coverage under these general permits and must apply for an
individual permit. Wastewater lagoon systems that are not using/
disposing of sewage sludge do not need to apply for permit coverage
unless notified by the permit issuing authority. The deadlines for
applying for coverage under the general permits are given in the
permits and the Fact Sheet. Facilities/operations that had coverage
under the previous general permit and have submitted a timely request
for coverage under this renewal permit are covered automatically under
this permit unless the permit issuing authority requires the submittal
of a new notice of intent (NOI).
    On February 19, 1993, (58 FR 9248,) the EPA promulgated ``Standards
for the Use or Disposal of Sewage Sludge'' (40 CFR part 503) and made
revisions to the NPDES regulations to include the permitting of
facilities/operations that generate, treat, and/or use/dispose of
sewage sludge. The 503 regulations were amended on August 4, 1999 (64
FR 42551).
    The States of South Dakota and Utah currently are the only States
in Region 8 that have been authorized to administer the biosolids
(sludge) program. It is proposed that the EPA general permits be
reissued for facilities or operations that generate, treat, and/or use/
dispose of sewage sludge by means of land application, landfill, and
surface disposal within the following areas:

------------------------------------------------------------------------
                                                   Area covered by the
             State                 Permit No.         general permit
------------------------------------------------------------------------
Colorado.......................       COG650000  State of Colorado
                                                  except for Federal
                                                  Facilities and Indian
                                                  country.
                                      COG651000  Indian country within
                                                  the State of Colorado
                                                  and the portions of
                                                  the Ute Mountain
                                                  Indian Reservation
                                                  located in New Mexico
                                                  and in Utah.
                                      COG652000  Federal Facilities in
                                                  the State of Colorado,
                                                  except those located
                                                  in Indian country,
                                                  which are covered
                                                  under permit COG51000.
Montana........................       MTG650000  State of Montana except
                                                  for Indian country.
                                      MTG651000  Indian country in the
                                                  State of Montana.
North Dakota...................       NDG650000  State of North Dakota
                                                  except for Indian
                                                  country.
                                      NDG651000  Indian country within
                                                  the State of North
                                                  Dakota (except for
                                                  Indian country located
                                                  within the former
                                                  boundaries of the Lake
                                                  Traverse Indian
                                                  Reservation, which are
                                                  covered under permit
                                                  SDG651000) and that
                                                  portion of the
                                                  Standing Rock Indian
                                                  Reservation located in
                                                  South Dakota.
South Dakota...................       SDG651000  Indian country within
                                                  the State of South
                                                  Dakota (except for the
                                                  Standing Rock Indian
                                                  Reservation, which is
                                                  covered under permit
                                                  NDG651000), that
                                                  portion of the Pine
                                                  Ridge Indian
                                                  Reservation located in
                                                  Nebraska, and Indian
                                                  country located in
                                                  North Dakota within
                                                  the former boundaries
                                                  of the Lake Traverse
                                                  Indian Reservation.
Utah...........................       UTG651000  Indian country within
                                                  the State of Utah
                                                  except for the Goshute
                                                  Indian Reservation,
                                                  Navajo Nation, and Ute
                                                  Mountain Indian
                                                  Reservation (which is
                                                  covered under permit
                                                  COG651000).
Wyoming........................       WYG650000  State of Wyoming except
                                                  for Indian country.
                                      WYG651000  Indian country within
                                                  the State of Wyoming.
------------------------------------------------------------------------

    The States of South Dakota and Utah have been authorized permitting
authority for sewage sludge, therefore the EPA's general permits will
be reissued only for Indian country in those States. The general permit
for Indian country in Utah does not include the portions of the Goshute
Indian Reservation and the Navajo Nation in Utah because the permitting
activities for these reservations are done by Region 9 of the EPA. The
State of Colorado has not been authorized permitting authority for
Federal facilities, so a general permit is proposed for Federal
facilities not located in Indian country.
    Authorization for use/disposal of sewage sludge under the general
permits may be for one of the following three categories: Category 1--
Facilities/operations that generate and/or partially treat sewage
sludge, but do not use/dispose of sewage sludge; Category 2--
Facilities/operations that use/dispose of sewage sludge and may also
generate and/or treat sewage sludge; and Category 3--Wastewater lagoon
systems that need to land apply sewage sludge on an occasional,
restricted basis. Authorization for use/disposal of sewage sludge under
the general permit will be limited to one of the three categories, but
authorization may be granted to one or more subcategories under
Category 2. In applying for authorization for use/disposal of sewage
sludge under the general permit, the applicant will be required to
specify under which category or subcategory(s) authorization is being
requested. However, the permit issuing authority will have the final
determination as to which category or subcategory(s) the authorization
will be granted. The requirements in the permit for the use/disposal of
sewage sludge are based primarily on 40 CFR Part 503.

Other Legal Requirements

    Economic Impact (Executive Order 12866): The EPA has determined
that the issuance of this general permit is not a ``significant
regulatory action'' under the terms of Executive Order 12866 (58 FR
51735 (October 4, 1993)) and is therefore not subject to formal OMB
review prior to proposal.
    Paperwork Reduction Act: The EPA has reviewed the requirements
imposed on regulated facilities in these proposed general permits under
the Paperwork Reduction Act of 1980, 44 U.S.C. Sec.  501 et seq. The
information collection requirements of these permits have already been
approved by the Office of Management and Budget in submissions made for
the NPDES permit program under the provisions of the Clean Water Act.
    Regulatory Flexibility Act (RFA), 5 U.S.C. 601 et seq., as amended
by the Small Business regulatory Enforcement Fairness Act (SBREFA): The
RFA requires that the EPA prepare a regulatory flexibility analysis for
rules subject to the requirements of 5 U.S.C. 553(b) that have a
significant impact on a substantial number of small entities. The
permit proposed today, however, is not a ``rule'' subject to the
requirements of 5 U.S.C. 553(b) and is therefore not subject to the
RFA.
    Unfunded Mandates Reform Act: Section 201 of the Unfunded Mandates
Reform Act (UMRA), Public Law 104-4, generally requires Federal
agencies to assess the effects of their ``regulatory actions'' defined
to be the same as ``rules'' subject to the RFA) on tribal, state, local
governments and the private sector. The permit proposed today, however,
is not a ``rule'' subject to the RFA and is therefore not subject to
the requirements of the UMRA.

    Authority: Clean Water Act, 33 U.S.C. 1251 et seq.

    Dated: December 17, 2012.
Derrith R. Watchman-Moore,
Assistant Regional Administrator, Office of Partnerships and Regulatory
Assistance.
[FR Doc. 2012-31716 Filed 1-3-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 61 (Monday, March 31, 2014)]
[Rules and Regulations]
[Pages 17875-17878]
[FR Doc No: 2014-06671]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2013-0589; FRL-9908-50-Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Update of the Motor Vehicle Emissions Budgets for the
Reading 1997 Eight-Hour Ozone National Ambient Air Quality Standard
Maintenance Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve revisions to the Commonwealth of Pennsylvania's
(Pennsylvania) State Implementation Plan (SIP). The revisions consist
of an update to the SIP-approved Motor Vehicle Emissions Budgets
(MVEBs) for nitrogen oxides (NOX) for the 1997 Eight-Hour
Ozone National Ambient Air Quality Standard (NAAQS) SIP for Berks
County (Reading Maintenance Area). The SIP revision also includes
updated point and area source inventories for NOX. This
rulemaking action proposes to approve the updated MVEBs and thereby
make them available for transportation conformity purposes. EPA is
approving these revisions to the MVEBs and point and area source
inventories in accordance with the requirements of the Clean Air Act
(CAA).

DATES: This rule is effective on May 30, 2014 without further notice,
unless EPA receives adverse written comment by April 30, 2014. If EPA
receives such comments, it will publish a timely withdrawal of the
direct final rule in the Federal Register and inform the public that
the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2013-0589 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
    B. Email<EMAIL_ADDRESS>    C. Mail: EPA-R03-OAR-2013-0589, Cristina Fernandez, Associate
Director, Office of Air Program Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2013-0589. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., 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 in www.regulations.gov or
in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal
are available at the Pennsylvania Department of Environmental
Protection, Bureau of Air Quality Control, P.O. Box 8468, 400 Market
Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Asrah Khadr,<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On July 22, 2013, Pennsylvania submitted a formal revision to its
SIP. The SIP revision consists of updated MVEBs for NOX for
the 1997 Eight-Hour Ozone NAAQS. The SIP revision also includes updated
point and area source inventories for NOX.
    On July 18, 1997 (62 FR 38856), EPA established the 1997 Eight-Hour
Ozone NAAQS. On April 30, 2004 (69 FR 23858), Berks County was
designated as nonattainment for the 1997 Eight-Hour Ozone NAAQS. On
January 25, 2007, the Pennsylvania Department of Environmental
Protection (PADEP) submitted a SIP revision which consisted of a
maintenance plan, a 2002 base year inventory and MVEBs for
transportation conformity purposes. On August 24, 2007 (72 FR 48559),
EPA approved the SIP revision as well as the redesignation request made
by PADEP. Berks County was redesignated as a maintenance area.
    The currently SIP-approved MVEBs for the Reading Maintenance Area
were developed using the Highway Mobile Source Emission Factor Model
(MOBILE6.2). On March 2, 2010 (75 FR 9411), EPA published a notice of
availability for the Motor Vehicle Emissions Simulator (MOVES2010)
model for use in developing MVEBs for SIPs and for conducting
transportation conformity analyses. EPA commenced a two year grace
period after which time the MOVES2010 model would have to be used for
transportation conformity purposes. The two year grace period was
scheduled to end on March 2, 2012. On February 27, 2012 (77 FR 11394),
EPA published a final rule extending the grace period for one more year
to March 2, 2013 to ensure adequate time for affected parties to have
the capacity to use the MOVES model to develop or update the applicable
MVEBs in SIPs and to conduct conformity analyses. On September 8, 2010,
EPA released MOVES2010a, which is a minor update to MOVES2010 and which
is used by Pennsylvania in this SIP revision.

II. Summary of SIP Revision

    This SIP revision includes an update to the MVEBs for
NOX for the years 2009 (interim year) and 2018 (maintenance
year) that were produced using the MOVES2010a model. This SIP revision
also includes an update to the point and area source inventories for
NOX. The MVEBs, as well as the point and area source
inventories, were not updated for

volatile organic compounds (VOCs), therefore providing information
about VOCs in the tables below is not applicable (N/A). A comparison
between the previous point source inventory and the updated point
source inventory is provided in Table 1. (Summary of Point Source
Inventory). A comparison between the previous area source inventory and
the updated area source inventory is provided in Table 2. (Summary of
Area Source Inventory). The previously approved MVEBs were produced
using the Mobile Source Emission Factor Model (MOBILE6.2). A summary of
the updated MOVES-based emissions and previously approved MOBILE6.2-
based emissions for the years 2004, 2009, and 2018 is provided in Table
3. (Summary of Motor Vehicle Emissions). Even though there is an
emissions increase in the MOVES-based MVEBs, the increase is not due to
an increase in emissions from mobile sources. The increase is due to
the fact that the MOVES model provides more accurate emissions
estimates than MOBILE6.2, rather than growth that had not been
anticipated in the maintenance plan. Also, part of the update of the
MVEBs is the addition of a 2 ton per day (tpd) safety margin for
NOX. The MVEBs that will be utilized for transportation
conformity purposes and include the safety margins are presented in
Table 4. (Updated MVEBs). These safety margins were added because
emissions in the interim (2009) and maintenance (2018) years are
significantly less than the attainment year emissions, which is the
year that the Reading Maintenance Area attained the standard. A
detailed summary of EPA's review and rationale for proposing to approve
this SIP revision may be found in the Technical Support Documents
(TSDs) prepared in support of this proposed rulemaking action and are
available on line at http://www.regulations.gov, Docket number EPA-R03-
OAR-2013-0589.

            Table 1--Summary of Point Source Inventory in TPD
------------------------------------------------------------------------
                                           Current           Updated
                Year                 -----------------------------------
                                        2009     2018     2009     2018
------------------------------------------------------------------------
NOX.................................    16.8     19.2     11.5     12.6
------------------------------------------------------------------------

            Table 2--Summary of Area Source Inventory in TPD
------------------------------------------------------------------------
                                           Current           Updated
                Year                 -----------------------------------
                                        2009     2018     2009     2018
------------------------------------------------------------------------
NOX.................................     2.2      2.3      2.3      2.1
------------------------------------------------------------------------

                               Table 3--Summary of Motor Vehicle Emissions in TPD
----------------------------------------------------------------------------------------------------------------
                     Model                                 MOBILE6.2                        MOVES2010a
----------------------------------------------------------------------------------------------------------------
                     Year                          2004       2009       2018       2004       2009       2018
----------------------------------------------------------------------------------------------------------------
VOCs..........................................       17.0       12.1        6.5        N/A        N/A        N/A
NOX...........................................       29.8       20.7        8.4       34.4       27.0       12.9
----------------------------------------------------------------------------------------------------------------

                      Table 4--Updated MVEBs in TPD
------------------------------------------------------------------------
                       Year                            2009       2018
------------------------------------------------------------------------
VOCs..............................................        N/A        N/A
NOX...............................................       29.0       14.9
------------------------------------------------------------------------

III. Final Action

    EPA is approving Pennsylvania's SIP revision request from July 22,
2013 to update the SIP-approved MVEBs for the Reading Maintenance Area
to reflect the use of the MOVES model. EPA is also proposing to approve
the update to the SIP-approved point and area source inventories. EPA
is approving this SIP revision because it will allow the Reading
Maintenance Area to continue to be in attainment of the 1997 Eight-Hour
Ozone NAAQS, and our in depth review of the SIP revision leads EPA to
conclude that the updated MVEBs meet the adequacy requirements set
forth in 40 CFR 93.118(e)(4)(i)-(vi), and the updated MVEBs have been
correctly calculated to reflect the use of the MOVES model. As a result
of EPA's approval, these updated MVEBs will be both adequate and SIP-
approved for purposes of transportation conformity. EPA is publishing
this rule without prior proposal because EPA views this as a
noncontroversial amendment and anticipates no adverse comment. However,
in the ``Proposed Rules'' section of today's Federal Register, EPA is
publishing a separate document that will serve as the proposal to
approve the SIP revision if adverse comments are filed. This rule will
be effective on May 30, 2014 without further notice unless EPA receives
adverse comment by April 30, 2014. If EPA receives adverse comment, EPA
will publish a timely withdrawal in the Federal Register informing the
public that the rule will not take effect. EPA will address all public
comments in a subsequent final rule based on the proposed rule. EPA
will not institute a second comment period on this action. Any parties
interested in commenting must do so at this time. Please note that if
EPA receives adverse comment on an amendment, paragraph, or section of
this rule and if that provision may be severed from the remainder of
the rule, EPA may adopt as final those provisions of the rule that are
not the subject of an adverse comment.

IV. Statutory and Executive Order Reviews

A. General Requirements

    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, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by May 30, 2014. 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. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking action. This rulemaking action pertaining to the update of
the SIP-approved MVEBs and point and area source inventories for the
Reading Maintenance Area 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, Nitrogen dioxide, Ozone, Volatile organic compounds.

    Dated: March 7, 2014.
W.C. Early,
Acting, Regional Administrator, Region III.

    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.

Subpart NN--Pennsylvania

0
2. In Sec.  52.2020, the table in paragraph (e)(1) is amended by
revising the entry for the 8-Hour Ozone Maintenance Plan and 2002 Base
Year Emissions Inventory for Reading Area (Berks County). The revised
text reads as follows:

Sec.  52.2020  Identification of plan.

* * * * *
    (e) * * *
    (1) * * *

----------------------------------------------------------------------------------------------------------------
   Name of non-regulatory SIP        Applicable           State                                   Additional
            revision               geographic area   submittal date     EPA approval date         explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
8-Hour Ozone Maintenance Plan    Reading Area               1/25/07  8/24/07................  Correction Notice
 and 2002 Base Year Emissions     (Berks County).                    72 FR 41906............   published 1/14/
 Inventory.                                                                                08, 73 FR 2162.
                                                            7/22/13  3/31/14 [Insert page     Revised 2009 and
                                                                      number where the         2018 Motor
                                                                      document begins].        Vehicle Emission
                                                                                Budgets. Revised
                                                                                2009 and 2018
                                                                                point and area
                                                                                source
                                                                                inventories. See
                                                                                sections 52.2043
                                                                                and 52.2052.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

0
3. Section 52.2043 is amended by designating the existing paragraph as
(a) and adding paragraph (b) to read as follows:

Sec.  52.2043  Control strategy for maintenance plans: ozone.

* * * * *
    (b)(1) As of March 31, 2014, EPA approves the following revised
2009 and 2018 point source inventory for nitrogen oxides
(NOX) for the Reading 1997 8-Hour Ozone Maintenance Area
submitted by the Secretary of the Pennsylvania Department of
Environmental Protection:

------------------------------------------------------------------------
                                                               Tons per
             Applicable geographic area                Year     day NOX
------------------------------------------------------------------------
Reading 1997 8-Hour Ozone Maintenance Area..........    2009        11.5
Reading 1997 8-Hour Ozone Maintenance Area..........    2018        12.6
------------------------------------------------------------------------

    (2) As of March 31, 2014, EPA approves the following revised 2009
and 2018 area source inventory for nitrogen oxides (NOX) for
the Reading 1997 8-Hour Ozone Maintenance Area submitted by the
Secretary of the Pennsylvania Department of Environmental Protection:

------------------------------------------------------------------------
                                                               Tons per
             Applicable geographic area                Year     day NOX
------------------------------------------------------------------------
Reading 1997 8-Hour Ozone Maintenance Area..........    2009         2.3
Reading 1997 8-Hour Ozone Maintenance Area..........    2018         2.1
------------------------------------------------------------------------

0
4. Section 52.2052 is amended by designating the existing paragraph as
(a) and adding paragraph (b) to read as follows:

Sec.  52.2052  Motor vehicle emissions budgets for Pennsylvania ozone
areas.

* * * * *
    As of March 31, 2014, EPA approves the following revised 2009 and
2018 Motor Vehicle Emissions Budgets (MVEBs) for nitrogen oxides
(NOX) for the Reading 1997 8-Hour Ozone Maintenance Area
submitted by the Secretary of the Pennsylvania Department of
Environmental Protection:

------------------------------------------------------------------------
                                                               Tons per
             Applicable geographic area                Year     day NOX
------------------------------------------------------------------------
Reading 1997 8-Hour Ozone Maintenance Area..........    2009        29.0
Reading 1997 8-Hour Ozone Maintenance Area..........    2018        14.9
------------------------------------------------------------------------

[FR Doc. 2014-06671 Filed 3-28-14; 8:45 am]
BILLING CODE 6560-50-P