PAPERWORK REDUCTION ACT SUBMISSION Please read the instructions before completing this form. For additional forms or assistance in completing this form, contact your agency's Paperwork Clearance Officer. Send two copies of this form, the collection instrument to be reviewed, the Supporting Statement and any additional documentation to: Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street NW Washington, DC 20503.

1. Agency/ Subagency originating request U. S. EPA, Office of Policy, Economics and Innovation 2. OMB control number b. G None a 2010  0032 3. Type of information collection ( check one) a. G New collection b.

Revision of a currently approved collection c. G Extension of a currently approved collection d. G Reinstatement, without change, of a previously approved collection for which approval has expired e. G Reinstatement, with change, of a previously approved collection for which approval has expired f. G Existing collection in use without an OMB control number 4. Type of review requested ( check one) a.

Regular b. G Emergency  Approval requested by: / / c. G Delegated 5. Small entities Will this information collection have a significant economic impact on a substantial number of small entities? G Yes

No For b f, note item A2 of Supporting Statement Instructions 6. Requested expiration date a. Three years from approval date b. X Other Specify: 8/ 31/ 2006 7. Title: Implementation of Incentives Designed for EPA's National Environmental Performance Track Program ( Final Rule)

8. Agency form number( s) ( If applicable) EPA ICR Number 1949.03 9. Keywords: Environmental Performance, Environmental Management Systems, Environmental Compliance, Incentives 10. Abstract On June 26, 2000, US EPA announced the National Environmental Performance Track program ( PT ) as a voluntary program designed to recognize and reward individual facilities. There are currently 309 members in the program. The program is designed to recognize and encourage facilities that consistently meet their legal requirements, that have implemented management systems to monitor and improve performance, that have voluntarily achieved environmental improvements beyond compliance, and that publicly commit to specific environmental improvements and report on progress. EPA finalized a rulemaking on April 22, 2004 to provide regulatory incentives to members of PT. The rule provides members the ability to extend storage times for hazardous waste from 90 days to 180 days, and allows members to report less frequently under certain provisions of the Clean Air Act.

11. Affected public ( Mark primary with " P" and all others that apply with " X") a. Individuals or households d. Farms b. P Business or other for profit e. X Federal Government c. Not for profit institutions f. X State, Local or Tribal Government 12. Obligation to respond ( Mark primary with " P" and all others that apply with " X") a. Voluntary b. P Required to obtain or retain benefits c. Mandatory 13. Annual reporting and recordkeeping hour burden a. Number of respondents 277 b. Total annual responses 277 1. Percentage of these responses collected electronically 50% c. Total hours requested 113,439 d. Current OMB inventory 109,661 e. Difference 3,778 f. Explanation of difference 1. Program Change 3,778 2. Adjustment 14. Annual reporting and recordkeeping cost burden ( in thousands of dollars)

a. Total annualized capital/ startup costs $ 0 b. Total annual costs ( O& M) $ 0 c. Total annualized cost requested $ 0 d. Current OMB inventory $ 0 e. Difference $ 0 f. Explanation of difference 1. Program change $ 0 2. Adjustment $ 0 15. Purpose of information collection ( Mark Primary With " P" and all others that apply with " X") a. X_ Application for benefits e. X Program planning or management b. P_ Program evaluation f. __ Research c. __ General purpose statistics g. __ Regulatory or compliance d. __ Audit 16. Frequency of recordkeeping or reporting ( check all that apply) a. Q Recordkeeping b. Q Third party disclosure c.

Reporting 1.

On occasion 2. Q Weekly 3. Q Monthly 4. Q Quarterly 5. Q Semi annually 6.

Annually 7. Q Biannually 8. Q Other ( describe)

17. Statistical methods Does this information collection employ statistical methods?

Q Yes

No 18. Agency contact ( person who can best answer questions regarding the content of this submission) Name: Robert D. Sachs Phone: 202 566 2884 OMB 83 I 10/ 95 19. Certification for Paperwork Reduction Act Submissions On behalf of this Federal agency, 1 certify that the collection of information encompassed by this request complies with' 5 CFR 1320.9.

NOTE: The text of 5 CFR 1320.9, and the related provisions of 5 CFR 1320.8( b)( 3), appear at the end of the instructions. The certification is to be made with reference to those regulatory provisions as set forth in the instructions.

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

( a) It is necessary for the proper performance of agency functions;

( b) It avoids unnecessary duplication;

( c) It reduces burden on small entities;

( d) It uses plain, coherent, and unambiguous terminology that is understandable to respondents;

( e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

( f) It indicates the retention periods for recordkeeping requirements;

( g) It informs respondents of the information called for under 5 CFR 1320.8( b)( 3): ( I) Why the information is being collected' ( ii) Use of information; ( iii) Burden estimate; ( iv) Nature of response ( voluntary, required for a benefit, or mandatory); ( v) Nature and extent of confidentiality; and ( vi) Need to display currently valid OMB control number;

( h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected ( see note in Item 19 of the instructions);

( I) It uses effective and efficient statistical survey methodology; and ( j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item below and explain the reason in Item 18 of the Supporting Statement.

Signature of Program Official Dan Fiorino, Director Performance Incentives Division Office of Policy, Economics, and Innovation Date Signature of Senior Official or designee Oscar Morales, Director Collection Strategies Division Office of Environmental Information Date OMB 83 I 10/ 95


[Federal Register: April 14, 2009 (Volume 74, Number 70)]
[Notices]
[Page 17264-17265]
[DOCID:fr14ap09-122]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59714; File No. SR-CHX-2009-03]

Self-Regulatory Organizations; Chicago Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Relating to Participant Fees and Credits

April 6, 2009.
    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 April 1, 2009, Chicago Stock Exchange, Inc. (``CHX'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The CHX proposes to amend its Schedule of Participant Fees and
Assessments (the ``Fee Schedule''), effective April 1, 2009, to provide
for transaction fees and rebates to Exchange Participants for
transactions involving issues priced less than one dollar that occur
within the Exchange's Matching System. The text of this proposed rule
change is available on the Exchange's website at http://www.chx.com/
rules/proposed_rules.htm and in the Commission's Public Reference
Room, 100 F Street, NE., Washington, DC 20549.

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

    In its filing with the Commission, the CHX included statements
concerning the purpose of and basis for the proposed rule changes and
discussed any comments it received regarding the proposal. The text of
these statements

may be examined at the places specified in Item IV below. The CHX has
prepared summaries, set forth in sections A, B and C below, of the most
significant aspects of such statements.

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

1. Purpose
    Through this filing, the Exchange would amend its Fee Schedule to
provide for transaction and order processing fees and rebates to
Exchange Participants for transactions involving issues priced less
than one dollar that occur within the Exchange's Matching System.
    Rule 610(c)(2) of Regulation NMS \3\ generally requires that the
fees changed by a trading center for execution of an order against a
quotation of less than $1.00 per share cannot exceed or accumulate to
more than 0.3% of the quotation price per share. In order to comply
with the rule, the Exchange proposes to charge a ``take'' fee equal to
0.30% of the trade value and to pay a ``provide'' rebate equal to 0.10%
of the trade value. Trade value is defined as a dollar amount equal to
the price per share multiplied by the number of shares executed. These
changes are designed, at least in part, to provide an incentive for
Participants to submit single-sided orders involving issues priced less
than one dollar to the Matching System for execution. Currently, the
Exchange does not charge any fee or pay any rebates in connection with
the execution of trades at a price less than one dollar per share.
---------------------------------------------------------------------------

    \3\ 17 CFR 242.610(c)(2)
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act \4\ in general, and furthers the
objectives of Section 6(b)(4) of the Act \5\ in particular, in that it
provides for the equitable allocation of reasonable dues, fees and
other charges among its members.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f.
    \5\ 15 U.S.C. 78f(b)(4)
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition.

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

    No written comments were either solicited or received.

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

    The foregoing rule change has become effective pursuant to Section
19(B)(3)(A)(ii) of the Act \6\ and subparagraph (f)(2) of Rule 19b-4
thereunder \7\ because it establishes or changes a due, fee, or other
charge applicable only to a member imposed by the self-regulatory
organization. Accordingly, the proposal is effective upon Commission
receipt of the filing. At any time within 60 days of the filing of such
rule change, the Commission may summarily abrogate such rule change if
it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purpose of the Act.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \7\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-CHX-2009-03 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CHX-2009-03. This file
number should be included on the subject line if e-mail 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 inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make publicly available. All
submissions should refer to File Number SR-CHX-2009-03 and should be
submitted on or before May 5, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E9-8429 Filed 4-13-09; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 87, Number 114 (Tuesday, June 14, 2022)]
[Notices]
[Pages 35978-35979]
[FR Doc No: 2022-12761]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

    Docket Numbers: ER20-2283-004.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Compliance filing: 2022-06-08_SA 3517 3rd Substitute
NSP-MDU FSA (J316) to be effective 7/1/2020.
    Filed Date: 6/8/22.
    Accession Number: 20220608-5077.
    Comment Date: 5 p.m. ET 6/29/22.

    Docket Numbers: ER22-379-002.
    Applicants: Southwest Power Pool, Inc.
    Description: Tariff Amendment: Second Deficiency Response--
Revisions to Implement ELCC Methodology to be effective 2/15/2022.
    Filed Date: 6/8/22.
    Accession Number: 20220608-5039.
    Comment Date: 5 p.m. ET 6/29/22.

    Docket Numbers: ER22-772-002.
    Applicants: New York Independent System Operator, Inc.
    Description: Compliance filing: Compliance re: BSM Capacity
Accreditation Market Design May 2022 order to be effective 6/8/2022.
    Filed Date: 6/8/22.
    Accession Number: 20220608-5071.
    Comment Date: 5 p.m. ET 6/29/22.

    Docket Numbers: ER22-895-001.
    Applicants: Southwest Power Pool, Inc.
    Description: 3908 Thunderhead/Evergy KS Central Meter Ag
Supplemental to be effective N/A.
    Filed Date: 6/8/22.
    Accession Number: 20220608-5063.
    Comment Date: 5 p.m. ET 6/29/22.

    Docket Numbers: ER22-1607-001.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Amendment: Amendment to ISA, SA No. 5869; Queue
No. AE2-126 (amend) to be effective 12/3/2020.
    Filed Date: 6/8/22.
    Accession Number: 20220608-5114.
    Comment Date: 5 p.m. ET 6/13/22.

    Docket Numbers: ER22-1710-001.
    Applicants: Duke Energy Florida, LLC.
    Description: Tariff Amendment: DEF--Amendment to Annual Filing of
Cost Factor Updates to be effective 5/1/2022.
    Filed Date: 6/8/22.
    Accession Number: 20220608-5049.
    Comment Date: 5 p.m. ET 6/29/22.

    Docket Numbers: ER22-1777-001.
    Applicants: Madison Fields Solar Project, LLC.
    Description: Tariff Amendment: Supplement to Petition for Market-
Based Rate Authorization to be effective 6/29/2022.
    Filed Date: 6/8/22.
    Accession Number: 20220608-5058.
    Comment Date: 5 p.m. ET 6/29/22.

    Docket Numbers: ER22-1779-001.
    Applicants: Marion County Solar Project, LLC.
    Description: Tariff Amendment: Supplement to Petition for Market-
Based Rate Authorization to be effective 6/29/2022.
    Filed Date: 6/8/22.
    Accession Number: 20220608-5059.
    Comment Date: 5 p.m. ET 6/29/22.

    Docket Numbers: ER22-2050-000.
    Applicants: Public Service Company of Colorado.
    Description: Sec.  205(d) Rate Filing: 2022-06-07 PSC-HLYCRS-Const
Agrmt-Crystal-669-0.0.0 to be effective 6/7/2022.
    Filed Date: 6/7/22.
    Accession Number: 20220607-5147.
    Comment Date: 5 p.m. ET 6/28/22.

    Docket Numbers: ER22-2051-000.
    Applicants: East Kentucky Power Cooperative, Inc.
    Description: East Kentucky Power Cooperative, Inc. submits revised
depreciation rates under Attachment H-24A of the PJM Tariff to be
effective 6/1/2022.
    Filed Date: 5/31/22.
    Accession Number: 20220531-5446.
    Comment Date: 5 p.m. ET 6/21/22.

    Docket Numbers: ER22-2052-000.
    Applicants: Public Service Company of New Mexico.

    Description: Sec.  205(d) Rate Filing: Executed Third Revised TSA
No. 241 to be effective 7/1/2022.
    Filed Date: 6/8/22.
    Accession Number: 20220608-5033.
    Comment Date: 5 p.m. ET 6/29/22.

    Docket Numbers: ER22-2053-000.
    Applicants: Public Service Company of Colorado.
    Description: Sec.  205(d) Rate Filing: 2022-06-08-PSCo-HLYCRS-Const
Agrmt-Parachute-634-0.0.0 to be effective 6/9/2022.
    Filed Date: 6/8/22.
    Accession Number: 20220608-5072.
    Comment Date: 5 p.m. ET 6/29/22.

    Docket Numbers: ER22-2054-000.
    Applicants: San Diego Gas & Electric Company.
    Description: Sec.  205(d) Rate Filing: W188 SGIA to be effective 6/
9/2022.
    Filed Date: 6/8/22.
    Accession Number: 20220608-5094.
    Comment Date: 5 p.m. ET 6/29/22.

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

    Docket Numbers: ES22-48-000; ES22-49-000.
    Applicants: Entergy Louisiana, LLC, Entergy Mississippi, LLC.
    Description: Application Under Section 204 of the Federal Power Act
for Authorization to Issue Securities of Entergy Louisiana, LLC, et al.
    Filed Date: 6/8/22.
    Accession Number: 20220608-5110.
    Comment Date: 5 p.m. ET 6/20/22.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: June 8, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-12761 Filed 6-13-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 41 (Thursday, March 1, 2012)]
[Rules and Regulations]
[Pages 12454-12456]
[FR Doc No: 2012-4692]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 30829; Amdt. No. 3467]

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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

DATES: This rule is effective March 1, 2012. The compliance date for
each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of March 1, 2012.

ADDRESSES: Availability of matter incorporated by reference in the
amendment is as follows:
    For Examination--
    1. FAA Rules Docket, FAA Headquarters Building, 800 Independence
Avenue SW., Washington, DC 20591;
    2. The FAA Regional Office of the region in which the affected
airport is located;
    3. The National Flight Procedures Office, 6500 South MacArthur
Blvd., Oklahoma City, OK 73169 or
    4. The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    Availability_All SIAPs are available online free of charge. Visit
nfdc.faa.gov to register. Additionally, individual SIAP and Takeoff
Minimums and ODP copies may be obtained from:
    1. FAA Public Inquiry Center (APA-200), FAA Headquarters Building,
800 Independence Avenue SW., Washington, DC 20591; or
    2. The FAA Regional Office of the region in which the affected
airport is located.

FOR FURTHER INFORMATION CONTACT: Richard A. Dunham III, Flight
Procedure Standards Branch (AFS-420), Flight Technologies and Programs
Division, Flight Standards Service, Federal Aviation Administration,
Mike Monroney Aeronautical Center, 6500

South MacArthur Blvd., Oklahoma City, OK 73169 (Mail Address: P.O. Box
25082 Oklahoma City, OK 73125) telephone:<PHONE_NUMBER>.

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

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP as amended in the transmittal. For safety and
timeliness of change considerations, this amendment incorporates only
specific changes contained for each SIAP as modified by FDC/P-NOTAMs.
    The SIAPs, as modified by FDC P-NOTAM, and contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these changes to
SIAPs, the TERPS criteria were applied only to specific conditions
existing at the affected airports. All SIAP amendments in this rule
have been previously issued by the FAA in a FDC NOTAM as an emergency
action of immediate flight safety relating directly to published
aeronautical charts. The circumstances which created the need for all
these SIAP amendments requires making them effective in less than 30
days.
    Because of the close and immediate relationship between these SIAPs
and safety in air commerce, I find that notice and public procedure
before adopting these SIAPs are impracticable and contrary to the
public interest and, where applicable, that good cause exists for
making these SIAPs effective in less than 30 days.

Conclusion

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air traffic control, Airports, Incorporation by reference, and
Navigation (air).

    Issued in Washington, DC, on February 17, 2012.
John McGraw,
Deputy Director, Flight Standards Service.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, Title 14,
Code of Federal Regulations, Part 97, 14 CFR part 97, is amended by
amending Standard Instrument Approach Procedures, effective at 0901 UTC
on the dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

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

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

Sec. Sec.  97.23, 97.25, 97.27, 97.29, 97.31, 97.33, 97.35  [Amended]

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

* * * Effective Upon Publication

--------------------------------------------------------------------------------------------------------------------------------------------------------
      AIRAC date            State              City                 Airport          FDC No.    FDC date                      Subject
--------------------------------------------------------------------------------------------------------------------------------------------------------
5-Apr-12..............  WY            Torrington...........  Torrington Muni......     1/0250     2/6/12  GPS RWY 10, Orig-A
5-Apr-12..............  WY            Torrington...........  Torrington Muni......     1/0251     2/6/12  GPS RWY 28, Orig-A
5-Apr-12..............  VA            Orange...............  Orange County........     1/4651     2/6/12  VOR/DME OR GPS A, Amdt 2B
5-Apr-12..............  MT            Great Falls..........  Great Falls..........     1/6398    1/31/12  RNAV (RNP) Z RWY 03, ORIG
5-Apr-12..............  CA            Carlsbad.............  McClellan-Palomar....     1/6680     2/6/12  ILS OR LOC/DME RWY 24, Amdt 9
5-Apr-12..............  RM            Majuro Atoll.........  Marshall Islands Intl     1/9429     2/6/12  RNAV (GPS) RWY 7, Orig-B
5-Apr-12..............  RM            Majuro Atoll.........  Marshall Islands Intl     1/9430     2/6/12  RNAV (GPS) RWY 25, Orig-B
5-Apr-12..............  FL            Destin...............  Destin-Fort Walton        2/2695    2/13/12  RNAV (GPS) RWY 14, Amdt 1
                                                              Beach.
5-Apr-12..............  TN            Memphis..............  Memphis Intl.........     2/3103     2/6/12  RNAV (GPS) RWY 36L, Amdt 1A
5-Apr-12..............  TN            Memphis..............  Memphis Intl.........     2/3105     2/6/12  RNAV (GPS) RWY 36R, Amdt 1B
5-Apr-12..............  TN            Memphis..............  Memphis Intl.........     2/3107     2/6/12  ILS OR LOC RWY 18C, Amdtr 1A
5-Apr-12..............  TN            Memphis..............  Memphis Intl.........     2/3108     2/6/12  ILS OR LOC RWY 18L, Amdt 2A
5-Apr-12..............  TN            Memphis..............  Memphis Intl.........     2/3109     2/6/12  ILS RWY 36C (CAT III), Amdt 3A
5-Apr-12..............  TN            Memphis..............  Memphis Intl.........     2/3110     2/6/12  ILS OR LOC RWY 18R, Amdt 14
5-Apr-12..............  TN            Memphis..............  Memphis Intl.........     2/3111     2/6/12  ILS OR LOC RWY 36C, Amdt 3A
5-Apr-12..............  TN            Memphis..............  Memphis Intl.........     2/3115     2/6/12  ILS RWY 36C (CAT II), Amdt 3A
5-Apr-12..............  IA            Keokuk...............  Keokuk Muni..........     2/3217    2/13/12  ILS OR LOC/DME RWY 26, Orig-A

5-Apr-12..............  TN            Memphis..............  Memphis Intl.........     2/3247     2/6/12  ILS OR LOC RWY 36L, Amdt 14B
5-Apr-12..............  MT            Missoula.............  Missoula Intl........     2/3336    1/17/12  ILS Z RWY 11, AMDT 12B
5-Apr-12..............  MT            Missoula.............  Missoula Intl........     2/3337    1/17/12  RNAV (RNP) Z RWY, ORIG-B
5-Apr-12..............  MT            Ronan................  Ronan................     2/3464    1/18/12  RNAV (GPS) RWY 34, ORIG
5-Apr-12..............  MT            Ronan................  Ronan................     2/3465    1/18/12  RNAV (GPS) RWY 16, ORIG
5-Apr-12..............  TN            Memphis..............  Memphis Intl.........     2/3737     2/6/12  RNAV (GPS) RWY 36C, Amdt 1A
5-Apr-12..............  WI            Milwaukee............  General Mitchell Intl     2/4326    2/13/12  Takeoff Minimums and Obstacle DP, Amdt 7
5-Apr-12..............  MA            Fitchburg............  Fitchburg Muni.......     2/4813    2/13/12  NDB A, Amdt 4B
5-Apr-12..............  MA            Fitchburg............  Fitchburg Muni.......     2/4814    2/13/12  RNAV (GPS) RWY 32, Orig-A
5-Apr-12..............  CA            Ontario..............  Ontario Intl.........     2/6170     2/6/12  ILS OR LOC RWY 26L, Amdt 7C
5-Apr-12..............  WA            Spokane..............  Spokane Intl.........     2/6827     2/2/12  ILS OR LOC/DME RWY 21, ILS RWY 21 (SA CAT I),
                                                                                ILS RWY 21 (CAT II), ILS RWY 21 (CAT III),
                                                                                AMDT 23
5-Apr-12..............  TN            Memphis..............  Memphis Intl.........     2/6832     2/6/12  ILS OR LOC RWY 36R, Amdt 3A
5-Apr-12..............  NC            Manteo...............  Dare County Rgnl.....     2/8655   12/22/11  RNAV (GPS) RWY 5, Orig
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 2012-4692 Filed 2-29-12; 8:45 am]
BILLING CODE 4910-13-P


ASSESSMENT OF THE POTENTIAL COSTS, BENEFITS, AND OTHER IMPACTS

of the

PROPOSED WITHDRAWAL

 of the

EXPANSION OF THE RCRA COMPARABLE FUEL EXCLUSION-FINAL RULE

Economics and Risk Analysis Staff

Office of Resource Conservation and Recovery

U. S. Environmental Protection Agency

1200 Pennsylvania Ave., N. W.

Washington, DC  20460

July 15, 2009

V4BACKGROUND

Regulatory Background

The comparable fuels exclusion (CFE) final rule was promulgated in 1998.
 This rule excluded from the regulatory definition of hazardous waste
fuel-grade hazardous secondary materials with specifications comparable
to fossil fuels.  The exclusion could be applied to liquid hazardous
secondary materials, but not to solids or used oils.  Following
promulgation, several members of the regulated community expressed
concern about constraints in the rule that prevented beneficial fuel use
for much of the potentially eligible hazardous secondary materials.  The
Office of Management and Budget (OMB), in their 2005 report on
regulatory reform, recommended that EPA remove these constraints to
achieve the full potential of the exclusion. Following additional data
collection, review, and assessment, the Agency promulgated the
emission-comparable fuel final rule (ECF final rule) in December 2008.
This rule expanded the CFE to include hazardous secondary materials
which, when burned in industrial boilers meeting certain conditions,
would generate emissions comparable to those from burning fuel oil.  The
Agency is now proposing to withdraw the ECF final rule.

Analytical Background

The Agency published an economic assessment in support of the ECF final
rule.  Under the assumption that all 50 states would adopt the rule,
this assessment estimated net social benefits (cost savings) of $13.4
million per year, with an estimated 118,500 tons/year of ECF excluded.
Our primary data source at the time of this analysis does not identify a
management method code for wastes that are combusted in an incinerator
and where that waste may have a heating value that is used beneficially
in lieu of fossil or other fuels. As a result, we assumed that ECF
burned in a hazardous waste incinerator is burned for destruction only
(no energy value derived from the material), as reported by these
facilities to EPA’s Biennial Reporting System under H040.

Upon further consideration, the Agency has determined that material
qualifying as ECF but reported under hazardous waste management code
H040 is likely to provide some level of heating value to incinerators.
As a result, we developed a revised economic assessment that accounted
for H040 heating value to incinerators.  This revised assessment
estimated benefits (cost savings) of $6.6 million per year with up to
117,100 tons of ECF excluded per year.  This document was developed as a
supplementary assessment to the May 14, 2008 Assessment and should not
be considered as the economic assessment in support of this proposed
withdrawal of the ECF Final Rule.

PURPOSE

The purpose of this document is to present estimated impacts associated
with the proposed withdrawal of the December 19, 2008 ECF final rule.
Estimated impacts include costs, benefits, small entity, and other
impacts.  Impacts presented in this paper are based on findings
contained in the July 15, 2009 revised assessment document.

BASELINE CHARACTERIZATION

Proper baseline characterization is critical for the accurate assessment
of impacts associated with any regulatory action.  The proper baseline
for this proposed action should reflect the level of ECF final rule
implementation from the date of this rule to the date of full and final
implementation of the ECF rule.  Full implementation of the ECF final
rule was expected to occur over several months, if not years for those
states and facilities projected to adopt the rule.

METHODOLOGY AND FINDINGS

The proposed withdrawal of the ECF final rule seeks to reverse the newly
promulgated exclusions to selected rules implementing subtitle C of the
Resource Conservation and Recovery Act (RCRA).  These exclusions are for
energy-rich secondary materials which would otherwise be hazardous
wastes.  However, when burned under specified conditions, these ECF
materials can be used for energy recovery in non hazardous boilers and
would have emissions comparable to emissions from industrial boilers
burning fuel oil. This document assesses the estimated impacts of the
proposed withdrawal based on a reversal of the benefits, as revised, for
the ECF final rule.

Based on our revised assessment for the ECF final rule, we find that
this proposed withdrawal could result in annual lost benefits (costs) to
society of as much as $6.6 million dollars per year, with up to 117,100
tons/year of ECF moving back under full RCRA Subtitle C jurisdiction.
However, due to baseline uncertainty, the actual impact of the proposed
withdrawal could range from negligible to $6.6 million, with anywhere
from negligible to 117,100 tons/year of material diverted away from ECF.
 The low end of the range assumes little or no implementation at the
point of proposal.  Actual impacts of this proposed action are likely to
fall very near the low end of the range due to the anticipated slow
implementation of the ECF final rule.

The proposed withdrawal is expected to result in no discernable impacts
to human health and the environment.

SMALL ENTITY IMPACTS

The May 14, 2008 economic assessment identified 34 facilities projected
to take advantage of the ECF final rule (see Appendix E).  Based on the
corporate ownership of these facilities, one is confirmed as a small
business based on the Small Business Administration size standards.  The
size category of one other facility is undetermined.  All other
facilities are owned by large businesses or the federal government
(e.g., DOE).  For the one identified small business and the one of
undetermined size, impacts to these companies could be up to a maximum
one percent of gross annual revenues.  This impact estimate is based on
the average annual gross revenues for the NAICS category (2002 Census
data) and the average cost savings per generator, as reported in Exhibit
15 of the revised assessment.  This impact finding assumes both “small
businesses” have fully implemented the ECF final rule and would
experience cost increases as a result of this withdrawal. However, as
discussed above, we anticipate that, as of the projected date of this
proposed withdrawal, few if any facilities are likely to have fully
implemented the exclusion.  As a result, actual impacts to the
identified entities are likely to be negligible.

EQUITY CONSIDERATIONS AND OTHER IMPACTS:

Regulatory Planning and Review: Under Executive Order 12866 [58 FR 51735
(October 4, 1993)], the Agency, in conjunction with the Office of
Management and Budget (OMB) Office of Information and Regulatory Affairs
(OIRA), must determine whether a regulatory action is “significant”
and therefore subject to OMB review and the full requirements of the
Executive Order. Pursuant to the terms of the Order, this proposal is
not an economically significant action.  However, this proposal is
procedurally significant because it raises novel legal or policy issues
arising out of legal mandates, the President’s priorities, or the
principles set forth in the Executive Order. As such, this document was
submitted to OMB for review.  Changes made in response to OMB
suggestions or recommendations are documented in the public record.

The proposed withdrawal of this action is expected to have no
discernable impacts in regard to the following considerations:

Executive Order 12898, “Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations”

Executive Order 13045:  “Protection of Children from Environmental
Health Risks and Safety Risks”

Executive Order 13175: “Consultation and Coordination with Indian
Tribal Governments”

Executive Order 13132, “Federalism”

Executive Order 12630, “Government Actions and Interference with
Constitutionally Protected Property Rights”

Executive Order 13211, “Actions Concerning Regulations that Affect
Energy Supply, Distribution, or Use”

Executive Order 12988, “Civil Justice Reform”

Executive Order 13352, “Facilitation of Cooperative Conservation”

The Unfunded Mandates Reform Act (UMRA),

 Office of Management and Budget (OMB), Office of Information and
Regulatory Affairs (OIRA), Regulatory Reform of the U.S. Manufacturing
Sector – 2005

 Expansion of RCRA Comparable Fuel Exclusion-Final Rule, December 19,
2008 (effective January 20, 2009).

 U.S. EPA, Assessment of the Potential Costs, Benefits, and Other
Impacts of the Expansion of the RCRA Comparable Fuel Exclusion—Final
Rule, May 14, 2008.

 USEPA, “2005 National Biennial Report”

 U.S. EPA, 2005 Hazardous Waste Report Instructions and Forms, EPA Form
8700-13 A/B, October 2005.

 U.S. EPA, Revised Assessment of the Potential Costs, Benefits, and
Other Impacts of the Expansion of the RCRA Comparable Fuel
Exclusion-Final Rule, July 15, 2009

 The revised assessment also conducted a sensitivity analysis assuming
an alternative average Btu level derived from ECF burned in
incinerators.  This sensitivity analysis indicated total ECF final rule
benefits of approximately $10.6 million per year.

 http://www.sba.gov/idc/groups/public/documents/sba_homepage/serv_sstd_t
ablepdf.pdf

  DATE \@ "M/d/yyyy"  7/23/2009  – Page   PAGE  2  of   NUMPAGES  5

 PAGE

 PAGE   3


[Federal Register Volume 87, Number 149 (Thursday, August 4, 2022)]
[Rules and Regulations]
[Pages 47632-47634]
[FR Doc No: 2022-16493]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2022-0609; FRL-10025-02-R9]

Determination To Defer Sanctions; Arizona; Maricopa County;
Reasonably Available Control Technology--Combustion Sources

AGENCY: Environmental Protection Agency (EPA).

ACTION: Interim final determination.

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

SUMMARY: The Environmental Protection Agency (EPA) is making an interim
final determination that the Arizona Department of Environmental
Quality (ADEQ) has submitted revised rules on behalf of the Maricopa
County Air Quality Department (MCAQD or County) that correct
deficiencies in its Clean Air Act (CAA or Act) state implementation
plan (SIP) provisions concerning reasonably available control
technology (RACT) ozone nonattainment requirements for controlling
emissions of oxides of nitrogen (NOX) from combustion
equipment and internal combustion engines. This determination is based
on a proposed approval, published elsewhere in this Federal Register,
of MCAQD's Rules 323 and 324 which regulate these source categories.
The effect of this interim final determination is that the imposition
of sanctions that were triggered by two prior disapprovals by the EPA,
the first in 2020 for these two rules, and the second in 2021 for the
County's 2017 determination that it was implementing RACT for major
sources of NOX, are now deferred. If the EPA finalizes its
approval of MCAQD's submission, relief from these sanctions will become
permanent.

DATES: This rule is effective on August 4, 2022. However, comments will
be accepted on or before September 6, 2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2022-0609 at https://www.regulations.gov. For comments submitted at
Regulations.gov, follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish

any comment received to its public docket. Do not submit electronically
any information you consider to be Confidential Business Information
(CBI) or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, please contact
the person identified in the FOR FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy, information about CBI or
multimedia submissions, and general guidance on making effective
comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets. If you need assistance in a language other than English or if
you are a person with disabilities who needs a reasonable accommodation
at no cost to you, please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Kevin Gong, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone:<PHONE_NUMBER> or by
email at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA.

Table of Contents

I. Background
II. The EPA's Evaluation and Action
III. Statutory and Executive Order Reviews

I. Background

    On July 20, 2020 (85 FR 43692), the EPA issued a rule promulgating
final disapproval and conditional approvals for the MCAQD regulations
listed in Table 1 that had been submitted by the ADEQ to the EPA for
inclusion into the Arizona SIP.

                                 Table 1--County Rules With Previous EPA Action
----------------------------------------------------------------------------------------------------------------
                                                                                EPA action in
      Rule No.             Rule title                Revised                   Submitted               2020
----------------------------------------------------------------------------------------------------------------
322................  Power Plant            November 2, 2016.........  June 22, 2017...........  Disapproval.
                      Operations.
323................  Fuel Burning           November 2, 2016.........  June 22, 2017...........  Conditional
                      Equipment from                                                              Approval.
                      Industrial/
                      Commercial/
                      Institutional (ICI)
                      Sources.
324................  Stationary             November 2, 2016.........  June 22, 2017...........  Conditional
                      Reciprocating                                                               Approval.
                      Internal Combustion
                      Engines (RICE).
----------------------------------------------------------------------------------------------------------------

    Areas classified as ``Moderate'' for nonattainment for an ozone
standard must implement reasonably available control technology (RACT)
for major sources of NOX and volatile organic compounds. The
Phoenix-Mesa area is classified as ``Moderate'' nonattainment for the
2008 ozone standard. The 2020 action on the regulations in Table 1
supported our subsequent rulemaking on the requirement that the MCAQD
demonstrate their implementation of RACT, in a submittal called a
``RACT SIP,'' for emissions sources in ozone nonattainment areas under
the Act, specifically for major sources of NOX.\1\ In the
2020 final rule, we determined that the submitted County rules included
several deficiencies that precluded our approval of the rules into the
SIP, and thus the County failed to implement RACT for major sources of
NOX. Therefore, our 2021 action on the RACT SIP included a
disapproval of the SIP revision under title I, part D of the Act,
relating to requirements for nonattainment areas. Pursuant to section
179 of the CAA and our regulations at 40 CFR 52.31, this disapproval
action on the RACT SIP element under title I, part D started a
sanctions clock for imposition of offset sanctions 18 months after the
action's effective date of February 8, 2021, and highway sanctions 6
months later.
---------------------------------------------------------------------------

    \1\ See, 86 FR 971 published on January 7, 2021.
---------------------------------------------------------------------------

    On June 23, 2021, the MCAQD revised Rules 323 and 324 and on June
24, 2021, ADEQ submitted the SIP revision to the EPA for approval into
the Arizona SIP as described in Table 2 below.

                                            Table 2--Submitted Rules
----------------------------------------------------------------------------------------------------------------
         Rule No.                Rule title                   Revised                        Submitted
----------------------------------------------------------------------------------------------------------------
323......................  Fuel Burning           June 23, 2021.................  June 30, 2021.
                            Equipment from
                            Industrial/
                            Commercial/
                            Institutional (ICI)
                            Sources.
324......................  Stationary             June 23, 2021.................  June 30, 2021.
                            Reciprocating
                            Internal Combustion
                            Engines (RICE).
----------------------------------------------------------------------------------------------------------------

    The revised rules in Table 2 are intended to meet the commitments
to revise the rules we had previously based our conditional approval on
in our 2020 action. In the Proposed Rules section of this Federal
Register, we have proposed approval of the revised MCAQD Rules 323 and
324. Based on this proposed approval action (and our proposed action
approving Rule 322 \2\ into the Arizona SIP that regulates other major
sources of NOX at power plants, which are not addressed by
Rules 323 or 324), we are also taking this interim final determination,
effective on publication, to defer imposition of the offset sanctions
and highway sanctions that were triggered by our 2021 action's
disapproval of the major sources of NOX RACT element,
because we believe that the submittal corrects the deficiencies that
triggered such sanctions.
---------------------------------------------------------------------------

    \2\ February 8, 2022 (87 FR 7042).
---------------------------------------------------------------------------

    The EPA is providing the public with an opportunity to comment on
this deferral of sanctions. If comments are submitted that change our
assessment described in this interim final determination and the
proposed full approval of MCAQD's submittal demonstrating RACT for
major sources of NOX with respect to the title I, part D
deficiencies identified in our 2021 action, we would take final action
to lift this deferral of sanctions under 40 CFR 52.31. If no comments
are submitted that change our assessment, then all sanctions and any
sanction clocks triggered by our 2021 action would be permanently
terminated on the effective date of our final approval of the major
sources of NOX RACT element.

II. The EPA's Evaluation and Action

    We are making an interim final determination to defer CAA section
179 sanctions associated with our disapproval action on January 7,
2021, of MCAQD's RACT demonstration for major sources of NOX
with respect to the requirements of part D of title I of the CAA. This
determination is based on our previous proposed approval of Rule 322
and this concurrent proposal to fully approve Rules 323 and 324, which
resolves the remaining deficiencies that triggered sanctions under
section 179 of the CAA.
    Because the EPA has preliminarily determined that MCAQD's submittal
of Rules 322, 323 and 324 address the conditional approval issues and
deficiencies under part D of title I of the CAA identified in our 2020
and 2021 actions and is fully approvable, relief from sanctions should
be provided as quickly as possible. Therefore, the EPA is invoking the
good cause exception under the Administrative Procedure Act (APA) in
not providing an opportunity for comment before this action takes
effect (5 U.S.C. 553(b)(3)). However, by this action, the EPA is
providing the public with a chance to comment on the EPA's
determination after the effective date, and the EPA will consider any
comments received in determining whether to reverse such action.
    The EPA believes that notice-and-comment rulemaking before the
effective date of this action is impracticable and contrary to the
public interest. The EPA has reviewed the State's submittal and,
through its proposed action, is indicating that it is more likely than
not that the State has submitted a revision to the SIP that corrects
deficiencies under part D of the Act that were the basis for the action
that started the sanctions clocks. Therefore, it is not in the public
interest to impose sanctions. The EPA believes that it is necessary to
use the interim final rulemaking process to defer sanctions while the
EPA completes its rulemaking process on the approvability of the
State's submittal. Moreover, with respect to the effective date of this
action, the EPA is invoking the good cause exception to the 30-day
notice requirement of the APA because the purpose of this notice is to
relieve a restriction (5 U.S.C. 553(d)(1)).

III. Statutory and Executive Order Reviews

    This action defers sanctions and imposes no additional
requirements. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     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 Clean Air Act; and
     Does not provide the EPA with the discretionary authority
to address disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).
     Is not approved to apply on any Indian reservation land or
in any other area where the EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction. In those areas of Indian country, the
rule does not have tribal implications and will not impose substantial
direct costs on tribal governments or preempt tribal law as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000).
     Is subject to the Congressional Review Act (CRA), 5 U.S.C.
801 et seq., and the EPA will submit a rule report to each House of the
Congress and to the Comptroller General of the United States. The CRA
allows the issuing agency to make a rule effective sooner than
otherwise provided by the CRA if the agency makes a good cause finding
that notice and comment rulemaking procedures are impracticable,
unnecessary or contrary to the public interest (5 U.S.C. 808(2)). The
EPA has made a good cause finding for this rule as discussed in section
II of this preamble, including the basis for that finding.
    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 3, 2022. Filing a petition for
reconsideration by the EPA Administrator of this final rule does not
affect the finality of this rule for the purpose of judicial review nor
does it extend the time within which petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements (see CAA section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
oxides, Ozone, Particulate matter, Reporting and recordkeeping
requirements.

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

    Dated: July 27, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2022-16493 Filed 8-3-22; 8:45 am]
BILLING CODE 6560-50-P