[Federal Register Volume 82, Number 77 (Monday, April 24, 2017)]
[Rules and Regulations]
[Pages 18849-18852]
[FR Doc No: 2017-07983]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-1015; Directorate Identifier 2013-NE-37-AD;
Amendment 39-18859; AD 2017-08-10]
RIN 2120-AA64

Airworthiness Directives; Rolls-Royce plc Turbofan Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are superseding airworthiness directive (AD) 2017-01-01 for
all Rolls-Royce plc (RR) RB211-Trent 970-84, RB211-Trent 970B-84,
RB211-Trent 972-84, RB211-Trent 972B-84, RB211-Trent 977-84, RB211-
Trent 977B-84, and RB211-Trent 980-84 turbofan engines. AD 2017-01-01
required inspections of the low-pressure turbine (LPT) exhaust case and
support assembly or tail bearing housing (TBH) to detect cracks or
damage. This AD corrects references to certain service bulletins in the
compliance section of AD 2017-01-01. This AD was prompted by reports
that references to service bulletins in AD 2017-01-01 are incorrect. We
are issuing this AD to correct the unsafe condition on these products.

DATES: This AD is effective May 9, 2017.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of January 26,
2017 (82 FR 3146, January 11, 2017).
    We must receive any comments on this AD by June 8, 2017.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Rolls-Royce
plc, Corporate Communications, P.O. Box 31, Derby, England, DE24 8BJ;
phone: 011-44-1332-242424; fax: 011-44-1332-245418, or email: http://www.rolls-royce.com/contact/civil_team.jsp. You may view this service
information at the FAA, Engine & Propeller Directorate, 1200 District
Avenue, Burlington, MA 01803. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>. It is also available on
the Internet at http://www.regulations.gov by searching for and
locating Docket No. FAA-2013-1015.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2013-
1015; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the mandatory continuing airworthiness information,
regulatory evaluation, any comments received, and other information.
The address for the Docket Office (phone:<PHONE_NUMBER>) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.

FOR FURTHER INFORMATION CONTACT: Robert Green, Aerospace Engineer,
Engine Certification Office, FAA, Engine & Propeller Directorate, 1200
District Avenue, Burlington, MA 01803; phone:<PHONE_NUMBER>; fax: 781-
238-7199; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not provide you with notice and an opportunity to
provide your comments before it becomes effective. However, we invite
you to send any written data, views, or arguments about this AD. Send
your comments to an address listed under the ADDRESSES section. Include
``Docket No. FAA-2013-1015; Directorate Identifier 2013-NE-37-AD'' at
the beginning of your comments. We specifically invite comments on the
overall regulatory, economic, environmental, and energy aspects of this
AD. We will consider all comments received by the closing date and may
amend this AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.

Discussion

    On December 22, 2016, we issued AD 2017-01-01, Amendment 39-18768
(82 FR 3146, January 11, 2017), for all RR RB211-Trent 970-84, RB211-
Trent 970B-84, RB211-Trent 972-84, RB211-Trent 972B-84, RB211-Trent
977-84, RB211-Trent 977B-84, and RB211-Trent 980-84 turbofan engines.
AD 2017-01-01 required inspections of the LPT exhaust case and support
assembly or TBH to detect cracks or damage. AD 2017-01-01 resulted from
RR performing additional analysis of inspection results and determining
that the existing inspections need to be modified. We issued AD 2017-
01-01 to

prevent failure of the TBH, resulting in damage to the engine and to
the airplane.

Actions Since AD 2017-01-01 Was Issued

    Since we issued AD 2017-01-01, we learned that certain references
to certain service bulletins in AD 2017-01-01 are incorrect. In the
fourth row, second column of Table 2 to paragraph (f) of AD 2017-01-01,
the applicable Alert Non-Modification Service Bulletin (NMSB) states
``RB.211-72-AJ101'' but the correct reference is ``RB.211-72-AH154.''
In addition, two references to ``NMSB RB.211-72-J024'' in Table 1 and
Table 2 to paragraph (f) of AD 2017-01-01 should say ``SB RB.211-72-
J024''. We have corrected those references in this AD.

Related Service Information Under 1 CFR Part 51

    RR has issued Alert NMSB RB.211-72-AG971, Revision 2, dated May 5,
2016; Alert NMSB RB.211-72-AH154, Revision 5, dated May 5, 2016; Alert
NMSB RB.211-72-AJ101, dated May 5, 2016; and Service Bulletin (SB)
RB.211-72-J055, dated March 22, 2016. RR Alert NMSB RB.211-72-AG971
describes procedures for on-wing or in-shop inspection of the TBH mount
lug run-outs. RR Alert NMSB RB.211-72-AH154 describes procedures for an
on-wing or in-shop inspection of a pre-mod 72-J024 TBH. RR Alert NMSB
RB.211-72-AJ101 describes procedures for on-wing or in-shop inspection
of a post-mod 72-J024 TBH. RR SB RB.211-72-J055 describes procedures
for modifying the engine by introducing a revised TBH. This service
information is reasonably available because the interested parties have
access to it through their normal course of business or by the means
identified in the ADDRESSES section.

FAA's Determination

    We are issuing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

AD Requirements

    This AD requires inspections of the LPT exhaust case and support
assembly or TBH to detect cracks or damage.

FAA's Justification and Determination of the Effective Date

    No domestic operators use this product. Therefore, we find that
notice and opportunity for prior public comment are unnecessary and
that good cause exists for making this amendment effective in less than
30 days.

Costs of Compliance

    We estimate that this AD affects 0 engines installed on airplanes
of U.S. registry. We estimate the following costs to comply with this
AD:

                                                 Estimated Costs
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                                                                                Cost on U.S.
              Action                      Labor cost         Parts cost       Cost per product       operators
----------------------------------------------------------------------------------------------------------------
Inspection of the TBH.............  8 work-hours x $85                 $0  $680 per inspection                $0
                                     per hour = $680.                       cycle.
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Authority for This Rulemaking

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

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (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),
    (3) Will not affect intrastate aviation in Alaska to the extent
that it justifies making a regulatory distinction, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends part 39 of the Federal Aviation
Regulations (14 CFR part 39) as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing airworthiness directive (AD)
2017-01-01, Amendment 39-18768 (82 FR 3146, January 11, 2017), and
adding the following new AD:

2017-08-10 Rolls-Royce plc: Amendment 39-18859; Docket No. FAA-2013-
1015; Directorate Identifier 2013-NE-37-AD.

(a) Effective Date

    This AD is effective May 9, 2017.

(b) Affected ADs

    This AD replaces AD 2017-01-01, Amendment 39-18768 (82 FR 3146,
January 11, 2017).

(c) Applicability

    This AD applies to all Rolls-Royce plc (RR) RB211-Trent 970-84,
RB211-Trent 970B-84, RB211-Trent 972-84, RB211-Trent 972B-84, RB211-
Trent 977-84, RB211-Trent 977B-84, and RB211-Trent 980-84 turbofan
engines.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7200, Engine
(Turbine/Turboprop).

(e) Unsafe Condition

    This AD was prompted by reports that references to certain
service bulletins are incorrect. We are issuing this AD to prevent
failure of the tail bearing housing (TBH), resulting in damage to
the engine and to the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.
    (1) Within the compliance times and using the service
information specified in Table 1 to paragraph (f) of this AD,
accomplish on-wing inspections of the TBH features using the
following instructions, as applicable.
    (i) If during any on-wing inspection of the TBH mount lug run-
outs done using the Accomplishment Instructions, paragraph 3.A.(1),
of RR Alert Non-Modification Service Bulletin (NMSB) RB.211-72-
AG971, Revision 2, dated May 5, 2016, any cracks less than or equal
to 2 mm in length are found, remove the engine from service within
10 flight cycles (FCs). If any cracks greater than 2 mm are found,
remove the engine from service before further flight.
    (ii) If during any on-wing inspection of the TBH mount lug run-
outs done using the Accomplishment Instructions, paragraph 3.A.(2),
of RR Alert NMSB RB.211-72-AG971, Revision 2, dated May 5, 2016, any
crack indications resulting in an inspection signal with an
amplitude of 50% full screen height or more are found, remove the
engine from service before further flight.
    (iii) If during any on-wing inspection of a pre-mod 72-J024 TBH,
any crack or damage is found on the TBH mount lug forging leading
edge (LE) areas, re-inspect the engine or remove the engine from
service in accordance with the Accomplishment Instructions,
paragraph 3.A.(3)(t), of RR Alert NMSB RB.211-72-AH154, Revision 5,
dated May 5, 2016.
    (iv) If during any on-wing inspection of a post-mod 72-J024 TBH,
any crack is found on the TBH mount lug forging LE or cutback areas,
re-inspect the engine or remove the engine from service in
accordance with the Accomplishment Instructions, paragraph
3.A.(3)(t), of RR Alert NMSB RB.211-72-AJ101, dated May 5, 2016.
    (2) Within the compliance times and using the service
information specified in Table 2 to paragraph (f) of this AD,
perform in-shop inspections of the TBH features using the following
instructions, as applicable.
    (i) If during any in-shop inspection of the TBH, any crack is
found on the TBH mount lug or central male catcher run-outs, replace
the TBH with a TBH eligible for installation before the engine is
returned to service.
    (ii) If during any in-shop inspection of the TBH, any crack is
found on the top core vanes, reject as unserviceable or repair the
TBH in accordance with the Accomplishment Instructions, paragraph
3.C.(1)(f), of RR Alert NMSB RB.211-72-AG971 Revision 2, dated May
5, 2016, before the engine is returned to service.
    (iii) If during any in-shop inspection of a pre-mod 72-J024 TBH,
any crack or damage is found on the TBH mount lug forging LE areas,
reject as unserviceable or repair the TBH in accordance with the
Accomplishment Instructions, paragraph 3.B.(2)(u)(ii), of RR Alert
NMSB RB.211-72-AH154, Revision 5, dated May 5, 2016, or the
Accomplishment Instructions, paragraph 3.C.(1)(f), of RR Alert NMSB
RB.211-72-AG971, Revision 2, dated May 5, 2016, before the engine is
returned to service.
    (iv) If during any in-shop inspection of a post-mod 72-J024 TBH,
any crack is found on the TBH mount lug forging LE or cutback areas,
repair the TBH in accordance with the Accomplishment Instructions,
paragraph 3.B.(2)(u)(ii), of RR Alert NMSB RB.211-72-AJ101, dated
May 5, 2016, or the Accomplishment Instructions, paragraph
3.C.(1)(f), of Alert NMSB RB.211-72-AG971, Revision 2, dated May 5,
2016, before the engine is returned to service.

                                Table 1 to Paragraph (f)--TBH On-Wing Inspections
----------------------------------------------------------------------------------------------------------------
                                                       Alternate NMSB
                                   Applicable NMSB      instructions                          Repeat inspection
  Affected TBH P/N and feature     and paragragph      acceptable for    Initial inspection    interval (not to
                                                      prior compliance                             exceed)
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All--Mount Lug Run-outs........  RB.211-72-AG971,    In-shop: RB.211-72- Before exceeding    2,200 FCs.
                                  Revision 2,         AG971, Revision     2,200 FCs since
                                  Paragraph 3.A.      2, Paragraph 3.B    new.
                                                      or 3.C.
Pre-mod 72-J024 TBH--Mount Lug   RB.211-72-AH154,    In-shop: RB.211-72- Before exceeding    1,000 FCs.
 Forging LE Areas--for a TBH      Revision 5,         AH154, Revision     1,000 FCs since
 that has not exceeded 900 FCs    Paragraph 3.A.      5, Paragraph        new.
 since new on April 7, 2014.                          3.B., or
                                                      RB.211[dash]72-AG
                                                      971, Revision 2,
                                                      Paragraph 3.C.
Pre-mod 72-J024 TBH--Mount Lug   RB.211-72-AH154,    In-shop: RB.211-72- Within 100 FCs      1,000 FCs.
 Forging LE Areas--for a TBH      Revision 5,         AH154, Revision     after April 7,
 that has exceeded 900 FCs        Paragraph 3.A.      5, Paragraph        2014.
 since new on April 7, 2014.                          3.B., or
                                                      RB.211[dash]72-AG
                                                      971, Revision 2,
                                                      Paragraph 3.C.
Post-mod 72-J024 TBH--Mount Lug  RB.211-72-AJ101,    In-shop: RB.211-72- Before exceeding    1,000 FCs.
 Forging LE and Cutback Areas.    Paragraph 3.A.      AG971, Revison 2,   1,000 FCs since
                                                      Paragraph 3.C, or   SB
                                                      RB.211-72-AJ101,    RB.211[dash]72[da
                                                      Paragraph 3.B.      sh]J024
                                                                          embodiment.
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                                Table 2 to Paragraph (f)--TBH In-Shop Inspections
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                                                       Alternate NMSB
                                   Applicable NMSB      instructions                          Repeat inspection
  Affected TBH P/N and feature      and paragraph      acceptable for    Initial inspection    interval (not to
                                                      prior compliance                             exceed)
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All--Mount Lug Run-outs........  RB.211-72-AG971,    On-wing: RB.211-72- Before exceeding    2,200 FCs.
                                  Revision 2,         AG971, Revision     2,200 flight FCs
                                  Paragraph 3.        2, Paragraph        since new.
                                                      3.A., or
                                                     In-shop: RB.211-72-
                                                      AG971, Revision
                                                      2, Paragraph 3.C.
All--Top Core Vanes and Central  RB.211-72-AG971,    None..............  Before exceeding    3,800 FCs.
 Male Catcher Run[dash]outs.      Revision 2,                             3,800 FCs since
                                  Paragraph 3.C.                          new.

Pre-mod 72-J024 TBH--Mount Lug   RB.211-72-AH154,    On-wing: RB.211-72- Before exceeding    1,000 FCs.
 Forging LE Areas--for a TBH      Revision 5,         AH154, Revision     1,000 FCs since
 that has not exceeded 900 FCs    Paragraph 3.B.      5, Section 3.A,     new.
 since new on April 7, 2014.                          or
                                                     In-shop: RB.211-72-
                                                      AG971, Revision
                                                      2, Paragraph 3.C.
Pre-mod 72-J024 TBH--Mount Lug   RB.211-72-AH154,    On-wing: RB.211-72- Within 100 FCs      1,000 FCs.
 Forging LE Areas--for a TBH      Revision 5,         AH154, Revision     after the
 that has exceeded 900 FCs        Paragraph 3.B.      5, Section 3.A,     effective date of
 since new on April 7, 2014.                          or                  this AD.
                                                     In-shop: RB.211-72-
                                                      AG971, Revision
                                                      2, Paragraph 3.C.
Post-mod 72-J024 TBH--Mount Lug  RB.211-72-AJ101,    On-wing: RB.211-72- Before exceeding    1,000 FCs.
 Forging LE and Cutback Areas.    Paragraph 3.B.      AJ101, Section      1,000 FCs since
                                                      3.A, or             SB RB.211[dash]72-
                                                     In-shop: RB.211-72-  J024 embodiment.
                                                      AG971, Revision
                                                      2, Paragraph 3.C.
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(g) Credit for Previous Actions

    (1) If you performed inspections and corrective actions on an
engine before the effective date of this AD, in accordance with
earlier versions of RR Alert NMSB RB.211-72-AG971, Revision 2, dated
May 5, 2016, or RR Alert NMSB RB.211-72-AH154, Revision 5, dated May
5, 2016, you met the requirements of paragraph (f)(1) or (2) of this
AD, as applicable.
    (2) If, on or before April 7, 2014, you performed the
inspections and corrective actions required by paragraphs (f)(1) and
(2) of this AD using RR Technical Variance (TV) No. 124801, Issue 2,
dated July 4, 2012 or earlier versions; or RR TV No. 124851, Issue
2, dated July 4, 2012 or earlier versions; you met the requirements
for a mount lug run-out inspection.
    (3) If, on or before April 7, 2014, you performed the
inspections and corrective actions required by paragraphs (f)(1) and
(2) of this AD using RR Repeater TV No. 132043, Issue 1, dated March
25, 2013 or earlier versions; or using RR Repeater TV No. 132217,
Issue 5, dated May 23, 2013 or earlier versions; you met the
requirements for the mount lug forging LE inspections of this AD.

(h) Optional Terminating Action

    (1) Accomplishment of corrective actions required by paragraphs
(f)(1) and (2) of this AD does not constitute terminating action for
the repetitive inspections required by this AD.
    (2) Modification of an engine in accordance with the
instructions of RR Service Bulletin RB.211-72-J055, dated March 22,
2016, constitutes terminating action for the repetitive inspections
required by paragraphs (f)(1) and (2) of this AD for that engine,
provided that, following this modification, no affected TBH is
installed on that engine.

(i) Alternative Methods of Compliance (AMOCs)

    The Manager, Engine Certification Office, FAA, may approve AMOCs
for this AD. Use the procedures found in 14 CFR 39.19 to make your
request. You may email your request to<EMAIL_ADDRESS>
(j) Related Information

    (1) For more information about this AD, contact Robert Green,
Aerospace Engineer, Engine Certification Office, FAA, Engine &
Propeller Directorate, 1200 District Avenue, Burlington, MA 01803;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (2) Refer to MCAI European Aviation Safety Agency AD 2016-0193,
dated September 30, 2016, for more information. You may examine the
MCAI in the AD docket on the Internet at http://www.regulations.gov
by searching for and locating it in Docket No. FAA-2013-1015.
    (3) RR TV No. 124801, Issue 2, dated July 4, 2012; RR TV No.
124851, Issue 2, dated July 4, 2012, Repeater TV No. 132043, Issue
1, dated March 25, 2013, and Repeater TV No. 132217, Issue 5, dated
May 23, 2013; which are not incorporated by reference in this AD,
can be obtained from RR using the contact information in paragraph
(k)(3) of this AD.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (3) The following service information was approved for IBR on
January 26, 2017 (82 FR 3146, January 11, 2017).
    (i) Rolls-Royce plc (RR) Service Bulletin RB.211-72-J055, dated
March 22, 2016.
    (ii) RR Alert Non-Modification Service Bulletin (NMSB) RB.211-
72-AJ101, dated May 5, 2016;
    (iii) RR Alert NMSB RB.211-72-AG971, Revision 2, dated May 5,
2016; and
    (iv) RR Alert NMSB RB.211-72-AH154, Revision 5, dated May 5,
2016.
    (4) For RR service information identified in this AD, contact
Rolls-Royce plc, Corporate Communications, P.O. Box 31, Derby,
England, DE24 8BJ; phone: 011-44-1332-242424; fax: 011-44-1332-
245418, or email: http://www.rolls-royce.com/contact/civil_team.jsp.
    (5) You may view this service information at FAA, Engine &
Propeller Directorate, 1200 District Avenue, Burlington, MA 01803.
For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.
    (6) You may view this service information at the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call<PHONE_NUMBER>, or go to:
http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Burlington, Massachusetts, on April 12, 2017.
Robert J. Ganley,
Acting Manager, Engine & Propeller Directorate, Aircraft Certification
Service.
[FR Doc. 2017-07983 Filed 4-21-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: April 9, 2010 (Volume 75, Number 68)]
[Rules and Regulations]
[Page 18068-18070]
[DOCID:fr09ap10-10]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2010-0045; FRL-9124-5]

Revisions to the California State Implementation Plan, Sacramento
Metropolitan Air Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve revisions to the
Sacramento Metropolitan Air Quality Management District (SMAQMD)
portion of the California State Implementation Plan (SIP). These
revisions concern volatile organic compound (VOC) emissions from
operations associated with graphic arts coating, can coating,
degreasing, and wood products coating. We are approving local rules
that regulate these emission sources under the Clean Air Act as amended
in 1990 (CAA or the Act).

DATES: This rule is effective on June 8, 2010 without further notice,
unless EPA receives adverse comments by May 10, 2010. If we receive
such comments, we will publish a timely withdrawal in the Federal
Register to notify the public that this direct final rule will not take
effect.

ADDRESSES: Submit comments, identified by docket number [EPA-R09-OAR-
2010-0045], by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions.
    2. E-mail<EMAIL_ADDRESS>    3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
    Instructions: All comments will be included in the public docket
without change and may be made available online at http://
www.regulations.gov, including any personal information provided,
unless the comment includes Confidential Business Information (CBI) or
other information whose disclosure is restricted by statute.
Information that you consider CBI or otherwise protected should be
clearly identified as such and should not be submitted through http://
www.regulations.gov or e-mail. http://www.regulations.gov is an
``anonymous access'' system, and EPA will not know your identity or
contact information unless you provide it in the body of your comment.
If you send e-mail directly to EPA, your e-mail address will be
automatically captured and included as part of the public comment. 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: The index to the docket for this action is available
electronically at http://www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California. While all
documents in the docket are listed in the index, some information may
be publicly available only at the hard copy location (e.g., copyrighted
material), and some may not be publicly available in either location
(e.g., CBI). To inspect the hard copy materials, please schedule an
appointment during normal business hours with the contact listed in the
FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Nicole Law, EPA Region IX, (415) 947-
4126<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to EPA.

Table of Contents

I. The State's Submittal
    A. What Rules Did the State Submit?
    B. Are There Other Versions of These Rules?
    C. What Is the Purpose of the Submitted Rules or Rule Revisions?
II. EPA's Evaluation and Action
    A. How Is EPA Evaluating the Rules?
    B. Do the Rules Meet the Evaluation Criteria?
    C. EPA Recommendations to Further Improve the Rules
    D. Public Comment and Final Action
III. Statutory and Executive Order Reviews

I. The State's Submittal

A. What Rules Did the State Submit?

    Table 1 lists the rules we are approving with the dates that they
were adopted by the local air agency and submitted by the California
Air Resources Board.

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
                                              Rule
               Local agency                             Rule title               Adopted     Submitted
----------------------------------------------------------------------------------------------------------------
SMAQMD...................................        450  Graphic Arts....................     10/23/08     04/29/09
SMAQMD...................................        452  Can Coating.....................     09/25/08     09/15/09
SMAQMD...................................        454  Degreasing Operations...........     09/25/08     09/15/09
SMAQMD...................................        463  Wood Products Coatings..........     09/25/08     09/15/09
----------------------------------------------------------------------------------------------------------------

    On July 20, 2009 and on January 21, 2010, EPA determined that the
submittal for SMAQMD Rule 450 and SMAQMD Rules 452, 454, and 463, met
the completeness criteria in 40 CFR Part 51 Appendix V, which must be
met before formal EPA review.

B. Are There Other Versions of These Rules?

    There are no previous versions of Rule 463 in the SIP, although
SMAQMD adopted earlier versions of this rule on September 5, 1996 and
December 5, 1996, and CARB submitted them to us on May 18, 1998. We
approved earlier versions of Rule 450 into the SIP on November 13, 1998
(63 FR 63410), Rule 452 into the SIP on November 9, 1998 (63 FR 60214),
and Rule 454 into the SIP on April 2, 1999 (64 FR 15922). The SMAQMD
adopted revisions to the SIP-approved versions of Rule 450 and Rule 454
on October 23, 2008 and September 25, 2008 and CARB submitted them to
us on April 29, 2009 and September 15, 2009. While we can act on only
the most recently submitted version, we have reviewed materials
provided with previous submittals.

C. What Is the Purpose of the Submitted Rules or Rule Revisions?

    VOCs help produce ground-level ozone and smog, which harm human
health and the environment. Section 110(a) of the CAA requires States
to submit regulations that control VOC emissions. The revised Rules
450, 452, and 463 strengthen VOC limits on graphic arts materials, can
coatings, and wood coatings. Rule 454 limits VOC

emissions from the operations associated with degreasing operations.
EPA's technical support documents (TSDs) have more information about
these rules.

II. EPA's Evaluation and Action

A. How Is EPA Evaluating the Rules?

    Generally, SIP rules must be enforceable (see section 110(a) of the
Act), must require Reasonably Available Control Technology (RACT) for
each category of sources covered by a Control Techniques Guidelines
(CTG) document as well as each major source in nonattainment areas (see
sections 182(a)(2) and (b)(2)), and must not relax existing
requirements (see sections 110(l) and 193). The SMAQMD regulates an
ozone nonattainment area (see 40 CFR part 81), so Rules 450, 452, 454,
and 463 must fulfill RACT.
    Guidance and policy documents that we use to evaluate
enforceability and RACT requirements consistently include the
following:
    1. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations,'' EPA, May 25, 1988 (the Bluebook).
    2. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
    3. ``Control Technique Guidelines for Control of VOCs from Existing
Stationary Sources--Volume II: Surface Coating of Cans, Coils, Paper,
Fabrics, Automobiles, and Light-Duty Trucks,'' EPA-450/2-77-008, May
1977.
    4. ``Control Techniques Guidelines for Offset Lithographic Printing
and Letterpress Printing,'' EPA-453/R-06-002, September 2006.
    5. ``Control Techniques Guidelines for Paper, Film, and Foil
Coatings,'' EPA-453/R-07-003, September 2007.
    6. ``Control Techniques Guidelines: Industrial Cleaning Solvents''
EPA 453/R06-001, September 2006.
    7. ``Control of Volatile Organic Emissions from Solvent Metal
Cleaning,'' EPA-450/2-77-022, November 1977.
    8. ``Control of Volatile Organic Compound Emissions from Wood
Furniture Manufacturing Operations,'' EPA-453/R-96-007, April 1996.

B. Do the Rules Meet the Evaluation Criteria?

    We believe these rules are consistent with the relevant policy and
guidance regarding enforceability, RACT, and SIP relaxations. The TSDs
have more information on our evaluation.

C. EPA Recommendations to Further Improve the Rules

    The TSDs describe additional rule revisions that we recommend for
the next time the local agency modifies the rules.

D. Public Comment and Final Action

    As authorized in section 110(k)(3) of the Act, EPA is fully
approving the submitted rules because we believe they fulfill all
relevant requirements. We do not think anyone will object to this
approval, so we are finalizing it without proposing it in advance.
However, in the Proposed Rules section of this Federal Register, we are
simultaneously proposing approval of the same submitted rules. If we
receive adverse comments by May 10, 2010, we will publish a timely
withdrawal in the Federal Register to notify the public that the direct
final approval will not take effect and we will address the comments in
a subsequent final action based on the proposal. If we do not receive
timely adverse comments, the direct final approval will be effective
without further notice on June 8, 2010. This will incorporate the rules
into the Federally enforceable SIP.
    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.

III. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act 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 Clean Air Act.
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 Clean Air Act; 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.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by June 8, 2010. 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. This action may not be challenged later in proceedings to
enforce its requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.

    Dated: February 5, 2010.
Jared Blumenfeld,
Regional Administrator, Region IX.

    Editorial Note: This document was received in the Office of the
Federal Register on April 5, 2010.

0
Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--[AMENDED]

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

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

Subpart F--California

0
2. In Section 52.220, is amended by adding and reserving paragraphs
(c)(372) through (c)(376) and by adding paragraphs (c)(362)(i)(C) and
(c)(377) to read as follows:

Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (362) * * *
    (i) * * *
    (C) Sacramento Metropolitan Air Quality Management District.
    (1) Rule 450, ``Graphic Arts Operations,'' adopted October 23,
2008.
* * * * *
    (c) * * *
    (377) New and amended regulations were submitted on September 15,
2009.
    (i) Incorporation by Reference.
    (A) Sacramento Metropolitan Air Quality Management District.
    (1) Rule 452, ``Can Coating,'' Rule 454, ``Degreasing Operations,''
Rule 463, ``Wood Products Coatings,'' adopted September 25, 2008.
* * * * *
[FR Doc. 2010-8003 Filed 4-8-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 28 (Thursday, February 10, 2022)]
[Rules and Regulations]
[Pages 7718-7722]
[FR Doc No: 2022-02724]

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

40 CFR Part 49

[EPA-R08-OAR-2020-0742; FRL-9082-02-R8]

Approval and Promulgation of the Northern Cheyenne Tribe's Tribal
Implementation Plan; Northern Cheyenne Tribe; Open Burning Permit
Program and Maintenance of the National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is approving a Tribal Implementation Plan (TIP) submitted
by the Northern Cheyenne Tribe (Tribe) on September 25, 2017, as
described in our February 26, 2021 proposal. The TIP includes ambient
air quality standards and provisions for an open burning permit
program, enforcement and appeals, and emergency authority. These
provisions establish a base TIP that is suitable for the Northern
Cheyenne Indian Reservation and four tribal trust parcels at issue
(Reservation), is within the Tribe's regulatory capacities, and meets
all applicable minimum requirements of the Clean Air Act (CAA or Act)
and EPA regulations. The effect of this action is to make the approved
TIP federally enforceable under the CAA and to further protect air
quality on the Reservation.

DATES: This final rule is effective March 14, 2022. The incorporation
by reference of certain publications listed in the rule is approved by
the Director of the Federal Register as of February 10, 2022.

ADDRESSES: EPA has established a docket for this action under EPA-R08-
OAR-2020-0742. Generally, documents in the docket for this action are
available electronically at https://www.regulations.gov or in hard copy
at EPA Region 8, 1595 Wynkoop Street, Denver, Colorado. While all
documents in the docket are listed at https://www.regulations.gov, some
information may be publicly available only at the hard copy location
(e.g., copyrighted material, large maps, multi-volume reports) and some
may not be available in either location (e.g., confidential business
information (CBI)). To inspect the hard copy materials, please schedule
an appointment during normal business hours with the contact listed in
the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Kyle Olson, Air and Radiation
Division, Environmental Protection Agency, Region 8 Office, Mailcode
8ARD-TRM, 1595 Wynkoop Street, Denver, CO 80202-1129, telephone number:
(303) 312-6002, email address: [email protected].

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

I. Summary of the Proposed Action

    The Tribe's Reservation is located in southeastern Montana and is
adjacent to the Crow Indian Reservation and the State of Wyoming. On
February 26, 2021, EPA proposed to approve a TIP submitted by the Tribe
on September 27, 2017, as described in the proposal.\1\ The TIP
includes ambient air quality standards and provisions for an open
burning permit program, enforcement and appeals, and emergency
authority. The TIP is a regulatory program comprised of the Northern
Cheyenne Clean Air Act (NCCAA). We proposed to approve the NCCAA under
sections 110 and 301 of the CAA, and the relevant implementing
regulations, as discussed in this document and in our February 26, 2021
proposal. These provisions establish a base TIP that is suitable for
the Reservation, is within the Tribe's regulatory capacities, and meets
all applicable minimum requirements of the CAA, the Tribal Authority
Rule in 40 CFR part 49 (TAR), and other applicable CAA regulations.
---------------------------------------------------------------------------

    \1\ 86 FR 11674 (Feb. 26, 2021).
---------------------------------------------------------------------------

    For a more detailed description of the TIP, our evaluation of the
TIP and supplemental information, and our rationale for our proposed
action, please see the February 26, 2021 proposed rule, 86 FR 11674,
which can be found in the docket for this action.

II. EPA's Response to Comments

    Our February 26, 2021 proposed rule provided for a 30-day comment
period, which ended on March 29, 2021. We received nine public comment
letters, each of which can be found in the docket for this action.
Seven comments expressed general support for our proposed action and
did not otherwise raise material issues that necessitate response.
Here, we summarize and respond to significant comments.
    Commenter 0007: The commenter offered support for approval of the
Northern Cheyenne TIP and support for implementation plans generally.
In particular, the commenter described TIPs as positive for the tribes
and an indication that enforcement of TIPs will be successful and
thorough. The commenter also stated that exposure to dangerous air
pollution is dwindling, which can be attributed, in no small part, to
implementation plans. The commenter stated that regulating air
pollution within the borders of the Reservation is an important step to
making the country more proactive against climate change. The commenter
further summarized other supportive comments.
    Nevertheless, the commenter stated that the industrial and
manufacturing power plants that surround the Reservation have a major
impact on the air quality of the Reservation, which is unfair to those
who live on the Reservation but are not part of these industries. The
commenter also identified ``drawbacks'' of TIPs--that TIPs focus on
higher levels of air pollution as opposed to other smaller problems,
and that TIPs require a lengthy administrative process, which does not
lead to fast action to reverse the effects of climate change.
    Response: We appreciate the commenter's support for the approval of
the Northern Cheyenne TIP and general support for the regulation of air
pollution through TIPs. The administrative process for TIP approval is
governed by CAA sections 110 and 301 and corresponding regulations.\2\
We explain elsewhere in this preamble that TIPs are not required to
address each element under CAA section 110, but may instead include
elements to address the specific air quality needs that a tribe has the
capacity to manage. The commenter has not provided enough information
regarding smaller air pollution problems that the commenter believes
should be addressed in TIPs for us to respond further on that point.
---------------------------------------------------------------------------

    \2\ See, for example, 40 CFR part 51, appendix V, and 40 CFR
part 49, subpart A.
---------------------------------------------------------------------------

    Additionally, while we understand and appreciate the commenter's
concerns with respect to climate change and agree that climate change
is an important environmental problem, the purpose of this action is
not to address the problem of climate change, but rather to approve the
Tribe's plan to regulate certain air pollutants emitted by open
burning.\3\ Thus, consideration of climate change is outside the scope
of our action. Likewise, the commenter's concerns regarding sources
located outside the Reservation are also outside the scope of the
action. The TIP applies within the exterior boundaries of the
Reservation only. The Tribe is not required to address pollution from
outside the Reservation in its submittal and EPA's task is to evaluate
the program elements the Tribe has submitted. The commenter's concern
with the administrative process for developing TIPs is also outside the
scope of this action. We note that the process of having tribes decide
when and how to develop TIPs gives tribes the authority over how to
best protect air quality in Indian country, and the Northern Cheyenne
Tribe fully supports approval of the TIP here.
---------------------------------------------------------------------------

    \3\ 86 FR 11675.
---------------------------------------------------------------------------

    Commenter 0009: The commenter offered support for the primary and
secondary air quality standards established in the TIP, which are the
same as EPA's national ambient air quality standards (NAAQS). However,
the commenter stated that the TIP did not include ``any protocols the
Northern Cheyenne Tribe plans to implement to reach attainment.'' \4\
The commenter further asserted that CAA section 110(a)(2) requires that
TIPs include control measures, means or techniques, and a monitoring
program by which the Tribe will attain the standards, and that the TIP
lacks these mechanisms.
---------------------------------------------------------------------------

    \4\ Comment 0009 at page 1. The commenter cites CAA section 107,
but that provision is not at issue in this rulemaking. As stated in
the preamble to the proposed rule, EPA is taking this action
pursuant to CAA sections 110(o), 110(k)(3), and 301(d). CAA section
110(o) requires that EPA review TIPs in accordance with CAA section
110 except as otherwise provided by regulation or CAA section
301(d)(2). Accordingly, we have reviewed the TIP under CAA section
110 as applicable to TIPs. See 40 CFR 49.9(h).
---------------------------------------------------------------------------

    Response: As an initial matter, the TIP does include measures to
improve air quality, including, significantly, an

open burning permit program.\5\ However, the commenter is correct that
the TIP does not include all elements listed in CAA section 110 for the
implementation, maintenance, and enforcement of the air quality
standards. Under the TAR, eligible Indian tribes have the flexibility
to include in a TIP only those implementation plan elements that
address their specific air quality needs and that they have the
capacity to manage. Under this modular approach, the TIP elements that
the tribe adopts must be ``reasonably severable'' from the package of
elements that can be included in a whole TIP.\6\ As provided in the
TAR, ``reasonably severable'' means that the parts or elements selected
for the TIP are not integrally related to parts not included in the
TIP, and are consistent with applicable CAA and regulatory
requirements.\7\ Thus, TIPs are significantly different than state
implementation plans because, while the Act requires states to prepare
an implementation plan that meets all of the requirements of CAA
section 110, an Indian tribe may adopt TIP provisions that address only
some elements of CAA section 110.\8\
---------------------------------------------------------------------------

    \5\ In addition, contrary to the commenter's assumption about
the lack of a monitoring program, the Tribe has, for decades,
operated an air quality monitoring program. Northern Cheyenne
Tribe's Application for Treatment as a State Under the Clean Air Act
(Northern Cheyenne TAS/TIP Application), September 20, 2017, at 6-7.
    \6\ 40 CFR 49.7(c).
    \7\ Id.
    \8\ Id. See also 42 U.S.C. 7410(o) (providing that EPA reviews
TIPs in accordance with CAA section 110, except as provided by
regulations under CAA section 301(d)(2), including 40 CFR 49.7(c)).
---------------------------------------------------------------------------

    EPA retains its general authority to directly implement CAA
requirements in Indian country as necessary or appropriate to protect
tribal air resources.\9\ Thus, where a tribe chooses not to adopt a CAA
program or adopts only a partial program, EPA may exercise its
authority to issue such regulations as are necessary or appropriate to
protect tribal air resources. This type of joint management allows
tribes to focus on their specific air quality needs while ensuring
adequate protection of tribal air resources.
---------------------------------------------------------------------------

    \9\ See 42 U.S.C. 7601(a), (d)(4); 40 CFR 49.11; 59 FR 43956,
43958-61 (August 25, 1994) (proposed TAR preamble explaining EPA's
CAA authorities in Indian country); 63 FR 7254, 7262-64 (Feb. 12,
1998) (final TAR preamble).
---------------------------------------------------------------------------

    At this time, the Northern Cheyenne Tribe opted to include in its
TIP certain limited measures--an open burning permit program and
related enforcement authority. This program and enforcement authority
are severable from other CAA program elements because they do not
depend on the inclusion of and are not integrally related to any other
program elements. Additionally, as discussed further below, EPA has
reviewed the open burning permit program and concluded that it supports
the implementation, maintenance, and enforcement of the air quality
standards. The open burning program is designed, in part, to control
particulate matter emissions. Moreover, EPA has reviewed the
enforcement authority included in the TIP and determined that it is
sufficient to ensure enforcement of the NCCAA. Likewise, through the
Tribe's treatment in a similar manner as a state (TAS) application, the
Tribe has demonstrated that it is capable of implementing the open
burning permit program and enforcement authorities.\10\
---------------------------------------------------------------------------

    \10\ Letter dated June 22, 2020, from Gregory Sopkin, Region 8
Regional Administrator, to President Rynalea Whiteman Pena, Northern
Cheyenne Tribe, Subject: ``Approval of Northern Cheyenne Tribe
Application for Treatment in a Similar Manner under the Clean Air
Act,'' at 8-9.
---------------------------------------------------------------------------

    Commenter 0009: The commenter also criticized the TIP's open
burning program as inefficient and unduly burdensome. In particular,
the commenter raised concerns that requiring a permittee to apply for a
permit with the Tribe's Air Quality Administrator and wait for
consultation with the Bureau of Indian Affairs and other agency
personnel is inefficient. The commenter also stated that the burden
placed on the Air Quality Administrator and Northern Cheyenne Tribal
Court for ``minute violations'' is impractical and unnecessary. The
commenter also stated that the size of the penalty for violations is
too hefty, claiming that violations of the open burning program would
subject individuals ``to at least a five thousand dollar fine.''
Furthermore, the commenter stated that there is no basis in the
proposed rule for the finding that there is no information collection
burden under the Paperwork Reduction Act. Finally, the commenter stated
that the TIP lacks any statistics proving that the open burning that is
the subject of the permitting program is any different from other
burning not covered by the program. The commenter recommended that the
Northern Cheyenne Tribe reconsider the open burn limits and exceptions,
and initiate a simpler reporting and filing program, such as on-site
permitting or virtual permitting.
    Response: Under the TIP process, tribes decide how to structure
permitting and enforcement programs submitted for approval in a TIP.
This gives tribes the flexibility to balance the protection of tribal
air quality and the administrative process involved in doing so. EPA
supports tribal decisions on how best to protect tribal air quality,
and the CAA does not condition a TIP's approval on its administrative
efficiency or require that a tribe justify open burning limitations
with statistics. EPA supports tribes implementing open burning permit
programs to support air quality on reservations.\11\
---------------------------------------------------------------------------

    \11\ See, e.g., 76 FR 69618 (December 10, 2007) (EPA approval of
the St. Regis Mohawk Tribe's TIP); 79 FR 69763 (November 24, 2014)
(EPA approval of the Swinomish Indian Tribal Community's TIP); EPA,
``Developing a Tribal Implementation Plan,'' September 2018, pages
26-27, available at https://www.epa.gov/sites/default/files/2018-09/documents/developing_a_tribal_implementation_plan_sept._2018_1.pdf.
---------------------------------------------------------------------------

    Here, the Tribe considered the level of administrative process to
include in the TIP. EPA disagrees that the Northern Cheyenne Tribe's
process is inefficient or will be problematic in practice. The Tribe
indicates that it is already successfully implementing this process
under tribal law,\12\ and the program is similar to open burning
programs that other tribes administer as part of approved TIPs and
Federal Implementation Plans.\13\ Concerning the commenter's assertion
that violations of the open burning program would lead to excessive
penalties, it is not accurate that a violator will be subject to at
least a five thousand dollar fine. The NCCAA authorizes the Air Quality
Administrator to fine violators ``up to $5,000 per day for each
violation[,]'' \14\ and the Air Quality Administrator has the
enforcement discretion to assess penalties below that maximum. EPA does
not agree that this TIP should be disapproved because of concerns about
the level of possible fines for violations.
---------------------------------------------------------------------------

    \12\ Northern Cheyenne TAS/TIP Application at 7.
    \13\ Precedent for tribes to use minor source permitting
programs to protect air quality includes the Gila River Open Burning
Minor New Source Review Permit Program (75 FR 48880 (August 12,
2010) and the Nez Perce's Agricultural Open Burning Permit Program
(70 FR 18074 (April 8, 2005)).
    \14\ NCCAA section 3.2(1) (emphasis added).
---------------------------------------------------------------------------

    EPA disagrees with the commenter's assertion that EPA's approval of
the TIP will result in a ``burden placed on the collection of
information under the Paperwork Reduction Act.'' \15\ Broadly, the
Paperwork Reduction Act provides for certain procedures relating to the
``collection of information'' by or for an agency, generally limited to
identical questions posed to or identical reporting or recordkeeping
requirements imposed on ten or more persons.\16\ The information-
related requirements of the NCCAA already exist as a matter of tribal
law. EPA is not using identical

questions to collect information from or imposing identical reporting
or recordkeeping requirements on 10 or more persons as part of this
action. This action does not impose information collection burdens
prohibited by or contrary to the Paperwork Reduction Act.
---------------------------------------------------------------------------

    \15\ Comment 0009 at page 3.
    \16\ See 44 U.S.C. 3502(3)(A).
---------------------------------------------------------------------------

III. Final Action

    Under CAA sections 110(o), 110(k)(3) and 301(d), and the TAR, EPA
is approving the TIP submitted by the Tribe on September 25, 2017, as
described in our February 26, 2021 proposal (86 FR 11674). For the
reasons set forth in this document and in the February 26, 2021
proposed rule, we conclude that the TIP meets the applicable
requirements of the CAA and EPA's implementing regulations.

IV. Incorporation by Reference

    In this document, the EPA is finalizing regulatory text that
includes incorporation by reference. In accordance with the
requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by
reference the TIP amendments described in section III of this preamble.
The EPA has made, and will continue to make, these materials generally
available through www.regulations.gov and at the EPA Region 8 Office
(please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section of this preamble for more information). Therefore,
these materials have been approved by the EPA for inclusion in the TIP,
have been incorporated by reference by the EPA into that plan, and are
fully federally enforceable under section 110 and 113 of the CAA as of
the effective date of the final rulemaking of the EPA's approval.

V. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
approves laws of an eligible Indian tribe as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by Tribal law. Accordingly, the Administrator certifies that
this rule will not have a significant economic impact on a substantial
number of small entities under the Regulatory Flexibility Act (5 U.S.C.
601, et seq.). Because this rule approves pre-existing requirements
under Tribal law and does not impose any additional enforceable duty
beyond that required by Tribal law, it 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).
    Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (59 FR 22951, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' EPA has concluded that this
rule will have tribal implications in that it will have substantial
direct effects on the Tribe. However, it will neither impose
substantial direct compliance costs on tribal governments, nor preempt
tribal law. EPA is approving the Tribe's TIP at the request of the
Tribe. Tribal law will not be preempted as the Tribe has already
incorporated the TIP into Tribal Law on December 7, 2016. The Tribe has
applied for, and fully supports, the approval of the TIP. This approval
makes the TIP federally enforceable.
    EPA worked and consulted with officials of the Tribe early in the
process of developing these regulations. During the TAS eligibility
process, the Tribe and EPA worked together to ensure that the
appropriate information was submitted to EPA. The Tribe and EPA also
worked together throughout the process of development and Tribal
adoption of the TIP. The Tribe and EPA also entered into a criminal
enforcement Memorandum of Agreement (MOA) during the TAS process, per
40 CFR 49.8.
    This action does not have federalism implications because it does
not have substantial direct effects on the states, on the relationship
between the National Government and the states, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132 (64 FR 43255, August 10, 1999).
This action approves Tribal rules implementing a TIP over areas within
the exterior boundaries of the Tribe's Reservation, and does not alter
the relationship or the distribution of power and responsibilities
established in the CAA.
    Executive Order 12898 establishes Federal executive policy on
environmental justice.\17\ Its main provision directs Federal agencies,
to the greatest extent practicable and permitted by law, to make
environmental justice part of their mission by identifying and
addressing, as appropriate, disproportionately high and adverse human
health or environmental effects of their programs, policies, and
activities on minority populations and low-income populations in the
United States. EPA's objective in approving the TIP is to support the
Tribe's efforts to protect the communities on the Reservation, where
open burning operations and seasonal wildfires have been shown to
contribute to exceedances of the particulate matter NAAQS. The impacts
of this final rule are expected to be beneficial, rather than adverse,
and its benefits are expected to accrue to communities on the
Reservation.
---------------------------------------------------------------------------

    \17\ 59 FR 7629 (February 16, 1994).
---------------------------------------------------------------------------

    In reviewing TIP submissions, EPA's role is to approve an eligible
tribe's submission, provided that it meets the criteria of the CAA. In
this context, in the absence of a prior existing requirement for the
tribe to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a TIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a TIP
submission, to use VCS in place of a TIP provision that otherwise
satisfies the requirements of the CAA. Thus, the requirements of
section 12(d) of the National Technology Transfer and Advancement Act
of 1995 (15 U.S.C. 272) do not apply. This rule does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.). This action also is not
subject to Executive Order 13045 ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997), because it is not economically significant.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by April 11, 2022. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 49

    Environmental protection, Administrative practice and procedure,
Air pollution control, Incorporation by reference, Indians, Indians--
law, Indians--tribal government, Intergovernmental relations, Reporting
and recordkeeping requirements.

    Dated: February 4, 2022.
KC Becker,
Regional Administrator, Region 8.

    Part 49 of chapter I, title 40 of the Code of Federal Regulations
is amended as follows:

PART 49--INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT

0
1. The authority citation for part 49 continues to read as follows:

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

Subpart K--Implementation Plans for Tribes--Region VIII

0
2. Add an undesignated center heading and Sec.  49.4200 to read as
follows:

Implementation Plan for the Northern Cheyenne Tribe

Sec.  49.4200  Identification of plan.

    (a) Purpose and scope. This section contains the approved
implementation plan for the Northern Cheyenne Tribe, submitted to EPA
on September 25, 2017. The plan consists of programs and procedures
that cover general and emergency authorities, ambient air quality
standards, permitting requirements for open burning, general
prohibitory rules, open burning limitations, enforcement authorities,
and procedures for administrative appeals and judicial review in Tribal
court.
    (b) Incorporation by reference. (1) Material listed in paragraph
(c) of this section was approved for incorporation by reference by the
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and
1 CFR part 51. Material is incorporated as it exists on the date of the
approval, and notice of any change in the material will be published in
the Federal Register.
    (2) EPA Region 8 certifies that the rules/regulations provided by
EPA in the TIP compilation at the addresses in paragraph (b)(3) of this
section are an exact duplicate of the officially promulgated tribal
rules/regulations which have been approved as part of the Tribal
Implementation Plan.
    (3) Copies of the materials incorporated by reference may be
inspected at the Region 8 Office of EPA at 1595 Wynkoop Street, Denver,
CO 80202 or call<PHONE_NUMBER>; the U.S. Environmental Protection
Agency, EPA Docket Center (EPA/DC), Air and Radiation Docket and
Information Center, MC 2822T, 1200 Pennsylvania Avenue NW, Washington,
DC 20460 or call<PHONE_NUMBER>; and the National Archives and Records
Administration. For information on the availability of this material at
NARA, email [email protected], or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html. Copies of the Northern
Cheyenne TIP regulations we have approved are also available at http://www.epa.gov/region8/air/sip.html.
    (c) EPA-approved regulations.

                                                                Table 1 to Paragraph (c)
--------------------------------------------------------------------------------------------------------------------------------------------------------
           Tribal citation                  Title/subject            Tribal effective date           EPA approval date               Explanations
--------------------------------------------------------------------------------------------------------------------------------------------------------
Northern Cheyenne Tribe, Northern     Entirety.................  December 20, 2016...........  February 10, 2022...........  The Tribal effective date
 Cheyenne Clean Air Act Tribal                                                                                is based on the date the
 Implementation Plan.                                                                                Bureau of Indian Affairs
                                                                                (BIA) Superintendent of
                                                                                the Northern Cheyenne
                                                                                Agency approved the
                                                                                Tribe's Ordinance No. DOI-
                                                                                008 (2017) adopting the
                                                                                Northern Cheyenne Clean
                                                                                Air Act.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 2022-02724 Filed 2-9-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: July 9, 2008 (Volume 73, Number 132)]
[Notices]
[Page 39358-39359]
[DOCID:fr09jy08-111]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58072; File No. SR-ISE-2008-51]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change to Establish an Exemption for Certain Regulation NMS-Compliant
Intermarket Sweep Orders From the Requirements in Rule 2119 (Equity
EAMs Acting as Brokers) and Conform Rule 2119 to Financial Industry
Regulatory Authority Rules

July 1, 2008.
    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 June 24, 2008, the International Securities Exchange, LLC
(``Exchange'' or ``ISE'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I and II below, which Items have been substantially prepared by
the Exchange. The Exchange has designated this proposal as non-
controversial under Section 19(b)(3)(A)(iii) of the Act \3\ and Rule
19b-4(f)(6) thereunder,\4\ which renders the proposed rule change
effective upon filing with the Commission. 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.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    The ISE proposes to amend its Rule 2119 (Equity EAMs Acting as
Brokers) to conform it to similar Financial Industry Regulatory
Authority, Inc. (``FINRA'') rules. The text of the proposed rule change
is available on the Exchange's Web site (http://www.ise.com), at the
principal office of the Exchange, and at the Commission's Public
Reference Room.

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

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

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

1. Purpose
    ISE Rule 2119 generally prohibits an Equity Electronic Access
Member (``Equity EAM'') from trading for its own account in a security
when the Equity EAM is either holding an unexecuted customer market
order in that security or trades at a price that is equal to or better
than an unexecuted customer limit order that it holds in that security.
Although FINRA rules impose similar obligations, FINRA provides for
exceptions and exemptions to this obligation that the Exchange now
seeks to adopt.
    The Exchange proposes to amend Rule 2119 to include an exception
that allows an Equity EAM to trade for its own account in a security
when the Equity EAM is either holding an unexecuted customer market
order in that security or trades at a price that is equal to or better
than an unexecuted customer limit order that it holds in that security,
provided that the Equity EAM immediately thereafter executes the
customer order up to the size and at the same price at which it traded
for its own account or better.
    The Exchange also proposes to amend Rule 2119 to add an exemption
that was recently adopted by FINRA. On May 6, 2008, the Commission
approved amendments to FINRA Rule 2111 and IM-2110-2 that establish an
intermarket sweep order (``ISO'') exemption.\5\ This exemption provides
members with relief

from the obligations related to trading in their own accounts while
holding an unexecuted customer order. Specifically, an exemption
applies when an ISO is routed for the member's own account and a
customer order is received after the member routed the ISO, but before
the member receives an execution. Additionally, an exemption applies
when the member executes an ISO to facilitate a customer order and that
customer has consented to not receiving the better prices obtained by
the ISO.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Release No. 57784 (May 6, 2008), 73
FR 27587 (May 13, 2008) (SR-FINRA-2007-39) (``Release No. 34-
57784'').
---------------------------------------------------------------------------

    The Exchange proposes to amend Rule 2119 to incorporate these
exceptions and exemptions into its Rule to facilitate member compliance
with Regulation NMS and to more closely align ISE Rules with similar
FINRA rules.
2. Statutory Basis
    The basis for this proposed rule change is found in Section 6(b)(5)
\6\ of the Act. Specifically, the Exchange believes the proposed rule
change is consistent with the requirement in Section 6(b)(5) that the
rules of an exchange be designed to promote just and equitable
principles of trade, to remove impediments to and perfect the mechanism
for a free and open market and a national market system, and, in
general, to protect investors and the public interest.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78(f)(b)(5).
---------------------------------------------------------------------------

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

    The Exchange believes that the proposed rule change does not impose
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act.

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.

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

    The Exchange has designated the proposed rule change as one that:
(1) Does not significantly affect the protection of investors or the
public interest; (2) does not impose any significant burden on
competition; and (3) does not become operative for 30 days from the
date of filing, or such shorter time as the Commission may designate if
consistent with the protection of investors and the public interest.
Therefore, the foregoing rule change has become effective pursuant to
Section 19(b)(3)(A) of the Act \7\ and subparagraph (f)(6) of Rule 19b-
4 thereunder.\8\ The Exchange has asked the Commission to waive the
operative delay to permit the proposed rule change to become operative
prior to the 30th day after filing.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to provide the Commission
with written notice of its intent to file the proposed rule change,
along with a brief description and text of the proposed rule change,
at least five business days prior to the date of filing of the
proposed rule change, or such shorter time as designated by the
Commission. The Exchange has fulfilled this requirement.
---------------------------------------------------------------------------

    The Commission has determined that waiving the 30-day operative
delay of the Exchange's proposal is consistent with the protection of
investors and the public interest and will promote competition because
the Exchange's proposal comports with FINRA rules that previously were
approved by the Commission.\9\ In addition, such waiver would allow the
Exchange to provide for, without delay, consistent application of these
rules for its members that also are members of FINRA. Therefore, the
Commission designates the proposal operative upon filing.\10\
---------------------------------------------------------------------------

    \9\ See, e.g., Release No. 34-57884, supra note 5.
    \10\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate the rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

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 No. SR-ISE-2008-51 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ISE-2008-51. 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 available publicly. All submissions
should refer to File No. SR-ISE-2008-51 and should be submitted on or
before July 30, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-15496 Filed 7-8-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 87, Number 134 (Thursday, July 14, 2022)]
[Notices]
[Pages 42221-42222]
[FR Doc No: 2022-14995]

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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-780, OMB Control No. 3235-0733]

Proposed Collection; Comment Request; Extension: Rule 194

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (``PRA'') (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the existing
collection of information provided for in Commission Rule of Practice
194, (17 CFR 240.194), under the Securities Exchange Act of 1934 (15
U.S.C. 78a et seq.). The Commission plans to submit this existing
collection of information to the Office of Management and Budget
(``OMB'') for extension and approval.
    Rule of Practice 194 provides a process for security-based swap
dealers and major security-based swap participants (collectively, ``SBS
Entity'') to make an application to the Commission for an order
permitting an associated person who is subject to a statutory
disqualification to effect or be involved in effecting security-based
swaps on behalf of the SBS Entity. Rule of Practice 194 specifies the
process for obtaining relief from the statutory prohibition in Exchange
Act Section 15F(b)(6), including by setting forth the required showing,
the form of application and the items to be addressed with respect to
associated persons that are natural persons. An SBS Entity is not
required to file an application under Rule of Practice 194 with respect
to certain associated persons that are subject to a statutory
disqualification, as provided for in paragraph (h) of Rule of Practice
194. To meet those requirements, however, the SBS Entity is required to
file a notice with the Commission.
    It is estimated that approximately 50 entities may fit within the
definition of security-based swap dealer and up to five entities may
fit within the definition of major security-based swap participant--55
SBS Entities in total. The Commission anticipates that, on an average
annual basis, only a small fraction of the natural persons at an SBS
Entity would be subject to a statutory disqualification. Accordingly,
based on available data, the Commission estimates that, on an average
annual basis, the Commission would receive up to five applications in
accordance with Rule of Practice 194 with respect to associated persons
that are natural persons, and five notices pursuant to proposed Rule of
Practice 194(h) with respect to associated persons that are natural
persons. The Commission estimates that the average time necessary for
an SBS Entity to research the questions, and complete and file an
application under Rule of Practice 194 with respect to associated
persons that are natural persons is approximately 30 hours, for a total
of approximately 150 burden hours per year for all SBS Entities. The
Commission estimates that approximately five SBS Entities will provide
notices pursuant to Rule of Practice 194(h) for one natural person each
on an average annual basis taking approximately 6 hours per notice, for
a total of approximately 30 burden hours per year for all SBS Entities
providing the notices for an estimated five natural persons. As such,
the combined estimated annual hour burden for all SBS Entities to
complete applications and notices pursuant to Rule of Practice 194 is
approximately 180 hours per year (150 + 30).
    Written comments are invited on: (a) whether the proposed
collection of information is necessary for the proper performance of
the functions of the Commission, including whether the information
shall have practical utility; (b) the accuracy of the Commission's
estimates of the burden of the proposed collection of information; (c)
ways to enhance the quality, utility, and clarity of the information
collected; and (d) ways to minimize the burden of the collection of
information on respondents, including through the use of automated
collection techniques or other forms of information technology.
Consideration will be given to comments and suggestions submitted by
September 12, 2022.

    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information under the PRA unless it
displays a currently valid OMB control number.
    Please direct your written comments to: David Bottom, Director/
Chief Information Officer, Securities and Exchange Commission, c/o John
Pezzullo, 100 F Street NE, Washington, DC 20549, or send an email to:
[email protected].

    Dated: July 8, 2022.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-14995 Filed 7-13-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: June 21, 2006 (Volume 71, Number 119)]
[Notices]
[Page 35636]
[DOCID:fr21jn06-69]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP06-319-002]

Distrigas of Massachusetts LLC; Notice of Compliance Filing

June 13, 2006.
    Take notice that, on June 8, 2006, Distrigas of Massachusetts LLC
(DOMAC) submitted a compliance filing pursuant to the Commission's
order issued on May 26, 2006 in Docket Nos. RP06-319-000 and RP06-319-
001.
    DOMAC states that copies of the compliance filing were served on
all affected buyers and state regulatory commissions.
    Any person desiring to protest this filing must file in accordance
with Rule 211 of the Commission's Rules of Practice and Procedure (18
CFR 385.211). Protests to this filing will be considered by the
Commission in determining the appropriate action to be taken, but will
not serve to make protestants parties to the proceeding. Such protests
must be filed in accordance with the provisions of section 154.210 of
the Commission's regulations (18 CFR 154.210). Anyone filing a protest
must serve a copy of that document on all the parties to the
proceeding.
    The Commission encourages electronic submission of protests in lieu
of paper using the ``eFiling'' link at http://www.ferc.gov. Persons

unable to file electronically should submit an original and 14 copies
of the protest to the Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-9780 Filed 6-20-06; 8:45 am]

BILLING CODE 6717-01-P