[Federal Register Volume 86, Number 12 (Thursday, January 21, 2021)]
[Notices]
[Pages 6393-6398]
[FR Doc No: 2021-01133]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-90914; File No. SR-CboeEDGX-2021-003]

Self-Regulatory Organizations; Cboe EDGX Exchange, Inc.; Notice
of Filing and Immediate Effectiveness of Proposed Rule Change To Amend
the Fee Schedule To Expand the Existing Financial Product Distribution
Program To Provide for a Derived Data Platform Service

January 13, 2021.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on January 4, 2021, Cboe EDGX Exchange, Inc. (``Exchange'' or ``EDGX'')
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

    Cboe EDGX Exchange, Inc. (``EDGX'' or the ``Exchange'') is filing
with the Securities and Exchange Commission (``Commission'') a proposed
rule change to amend the Fee Schedule to expand the existing Financial
Product Distribution Program (the ``Program'') to provide for a Derived
Data Platform Service. Additionally, the proposal seeks to enhance the
Program to provide for the distribution of data derived from the Cboe
Aggregated Market (``Cboe One'') \3\ Summary Feed. The proposed rule
change is provided in Exhibit 5.
---------------------------------------------------------------------------

    \3\ See Exchange Rule 13.8(b).
---------------------------------------------------------------------------

    The text of the proposed rule change is also available on the
Exchange's website (http://markets.cboe.com/us/options/regulation/rule_filings/edgx/), at the Exchange's Office of the Secretary, and at
the Commission's Public Reference Room.

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

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

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

1. Purpose
    The purpose of the proposed rule change is to implement a pricing
structure that would reduce fees charged to Distributors of ``Derived
Data'', as defined below, through an Exchange approved Derived Data
Platform Service. Additionally, the proposal seeks to enhance the
Program to permit the distribution of data derived from Cboe One
Summary through the existing White Label Service, Application
Programming Interface (``API'') Service, and the proposed Platform
Service.
Derived Data Platform Service
    ``Derived Data'' is pricing data or other data that (i) is created
in whole or in part from Exchange Data, (ii) is not an index or
financial product, and (iii) cannot be readily
reverse[hyphen]engineered to recreate Exchange Data or used to create
other data that is a reasonable facsimile or substitute for Exchange
Data. Derived Data may be created by Distributors for a number of
different purposes, as determined by the Distributor. Possible uses
include the display of information or data, or the creation of
derivative instruments, such as swaps,\4\ swaptions,\5\ or contracts
for difference.\6\ The specific use of the data is determined by the
Distributor, as applicable fees do not depend on the purpose for
placing the Derived Data under the Program.
---------------------------------------------------------------------------

    \4\ A swap is a derivative contract in which two parties agree
to exchange financial instruments.
    \5\ A swaption, or swap option, is an option to enter into a
swap at a specified time.
    \6\ A contract for difference is an agreement to exchange the
difference between the current value of an asset and its future
value. If the price increases, the seller pays the buyer the amount
of the increase. If the price decreases, the buyer pays the seller
the amount of the decrease.
---------------------------------------------------------------------------

    The Exchange currently offers a White Label Service and an API
Service that allow Distributors to benefit from discounted fees when
distributing Derived Data taken from Exchange data.\7\ Instead of the
regular fee for external distribution \8\ of Exchange data,
Distributors of Derived Data under both the White Label Service and API
Service are charged a tiered External Subscriber Fee based on the
number of External Subscribers that receive Derived Data from the
Distributor. Additionally, Distributors are charged a Professional User
\9\ Fee based on the number of Professional Users of the Derived Data.
Non-Professional Users of Derived Data are not subject to a fee under
either the White Label Service or the API Service.
---------------------------------------------------------------------------

    \7\ Currently, EDGX Top data is the only Exchange data included
in the Program; however, as discussed in further detail below, the
Exchange is also proposing to include Cboe One Summary in the
Program.
    \8\ External distribution occurs when a Distributor that
receives an Exchange Market Data product distributes that data to a
third-party or one or more users outside the Distributor's own
entity.
    \9\ A ``Professional User'' of an Exchange Market Data product
is any User other than a Non-Professional User. A ``Non-Professional
User'' of an Exchange Market Data product is a natural person or
qualifying trust that uses Data only for personal purposes and not
for any commercial purpose and, for a natural person who works in
the United States, is not: (i) Registered or qualified in any
capacity with the Securities and Exchange Commission, the
Commodities Futures Trading Commission, any state securities agency,
any securities exchange or association, or any commodities or
futures contract market or association; (ii) engaged as an
``investment adviser'' as that term is defined in Section 202(a)(11)
of the Investment Advisors Act of 1940 (whether or not registered or
qualified under that Act); or (iii) employed by a bank or other
organization exempt from registration under federal or state
securities laws to perform functions that would require registration
or qualification if such functions were performed for an
organization not so exempt; or, for a natural person who works
outside of the United States, does not perform the same functions as
would disqualify such person as a Non-Professional User if he or she
worked in the United States.
---------------------------------------------------------------------------

    The White Label Service is a type of hosted display solution in
which a Distributor hosts, maintains, and controls a website or
platform on behalf of a third-party entity. The service allows
Distributors to make Derived Data available on a platform that is
branded with a third-party brand, or co-branded with a third-party and
a Distributor, while the Distributor maintains control of the
applications data, entitlements and display. Alternatively, the API
Service is a type of data feed distribution in which a Distributor
delivers an API or similar distribution mechanism to a third-party
entity for use within one or more platforms. The API Service allows
Distributors to provide Derived Data to a third-party entity for use
within one or more downstream platforms that are operated and
maintained by the third-party entity. The Distributor maintains control
of the entitlements, but does not maintain technical control of the
usage or the display.
    Now the Exchange is proposing to implement a third service under
the Program, the Platform Service. The Platform Service would allow a
Distributor to provide derivative products directly to users that are
hosted within their infrastructure. The Platform Service would be
strictly limited to derivative products based in whole or in part on
Exchange data where only user remote access is permitted. Normally,
distributors of Exchange market data may be subject to Distribution and
User Fees including an: External Distribution Fee, Professional User
Fee, and Non-Professional User Fee. Distributors would be liable for
the fees normally applicable for external distribution except for the
Non-Professional User fee,\10\ which would be eliminated when
participating in the Platform Service, further reducing costs for
Distributors that provide access to such data to retail investors. In
contrast to the existing White Label Service and API Service, the
Platform Service provides a targeted discount to Distributors rather
than to External Subscribers.
---------------------------------------------------------------------------

    \10\ The Non-Professional User Fee for external distribution of
EDGX Top is $0.10/month.

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

    Like the existing White Label Service and API Service, the proposed
Platform Service would be entirely optional, in that it would only
apply to Distributors that opt to use Derived Data to create a Platform
Service, as described herein. It would not impact or raise the cost of
any other Exchange product, nor would it affect the cost of Exchange
data, except in instances where Derived Data is made available on a
Platform Service. A Distributor that provides a Platform Service for
Exchange data that is not Derived Data or distributes Derived Data
through a platform other than an approved White Label Service, API
Service, or Platform Service would be liable for the fees normally
applicable for the distribution of Exchange data.
Cboe One Summary
    In addition to the above, the Exchange is proposing to adopt fees
for the distribution of data derived from Cboe One Summary under the
existing White Label Service and API Service, as well as the proposed
Platform Service. Under the existing Fee Schedule, Distributors that
participate in the Program may only create Derived Data from EDGX
Top,\11\ a proprietary data product that provides top of book
quotations and execution information for all equity securities traded
on the Exchange. The Exchange is now proposing a fee amendment to allow
Distributors that participate in the Program to create Derived Data
from Cboe One Summary in addition to EDGX Top. Cboe One Summary is a
proprietary data product that provides the top of book quotations and
execution information for all listed equity securities traded across
the Exchange and its affiliated U.S. equities exchanges (the ``Cboe
equity exchanges'').\12\ Therefore, Distributors of Derived Data
created from Cboe One Summary could display information or data or
create derivative instruments based on top of book information across
the four Cboe equity exchanges rather than just EDGX. The Exchange
believes that the proposal will enhance the Program as the inclusion of
Cboe One Summary will allow Distributors to create Derived Data that is
based on a more comprehensive view of the U.S. equities market.
---------------------------------------------------------------------------

    \11\ See Exchange Rule 13.8(b).
    \12\ Supra note 3.
---------------------------------------------------------------------------

    As discussed above, Distributors of Exchange data, including Cboe
One Summary, may be subject to Distribution and User Fees including an:
External Distribution Fee, Professional User Fee, and Non-Professional
User Fee. As proposed, a Distributor that provides Derived Data from
Cboe One Summary would be liable for the proposed fees discussed below
instead of the fees normally applicable for the distribution of Cboe
One Summary. Existing fees for EDGX Top Derived Data within a White
Label Service or API Service are comprised of a tiered fee based on the
number of External Subscribers, a monthly fee for each Professional
User, and include no fee for Non-Professional Users. Similarly, the
proposed fees for the Platform Service are comprised of the normal
External Distribution and Professional User fees applicable for the
distribution of EDGX Top except that they would not be subject to the
Non-Professional Users fees normally applicable. The Exchange proposes
to adopt a similar fee structure for Cboe One Summary Derived Data.
    As proposed, Distributors would be charged the following fees for a
White Label Service for Cboe One Summary Derived Data: (1) $1,000 Per
month for each External Subscriber if the Distributor makes Derived
Data available to 1-5 External Subscribers; (2) $750 per month for each
External Subscriber if the Distributor makes Derived Data available to
6-10 External Subscribers; and (3) $500 per month for each External
Subscriber if the Distributor makes Derived Data available to 11 or
more External Subscribers. For example, a Distributor providing White
Label Derived Data based on Cboe One Summary to six External
Subscribers would be charged a monthly fee of $4,500 (i.e., 6 External
Subscribers x $750 each). Additionally, the Exchange would continue to
charge a monthly Professional User fee of $10 per month for each
Professional User. The Exchange proposes no Non-Professional User fee
for the distribution of Cboe One Summary Derived Data under the White
Label Service, which is consistent with the fee structure for the
distribution of EDGX Top Derived Data under the White Label Service.
    Alternatively, Distributors would be charged the following fees for
an API Service for Cboe One Summary Derived Data: (1) $5,000 Per month
for each External Subscriber if the Distributor makes Derived Data
available to 1-5 External Subscribers; (2) $4,000 per month for each
External Subscriber if the Distributor makes Derived Data available to
6-20 External Subscribers; and (3) $3,000 per month for each External
Subscriber if the Distributor makes Derived Data available to 11 or
more External Subscribers. For example, a Distributor providing API
Service Derived Data based on Cboe One Summary to six External
Subscribers would be charged a monthly fee of $24,000 (i.e., 6 External
Subscribers x $4,000 each). Additionally, the Exchange would continue
to charge a monthly Professional User fee of $10 per month for each
Professional User. The Exchange proposes no Non-Professional User fee
for the distribution of Cboe One Summary Derived Data under the API
Service, which is consistent with the fee structure for the
distribution of EDGX Top Derived Data under the API Service.
    Lastly, the Exchange proposes to adopt fees for the proposed
Platform Service for Cboe One Summary data in addition to the proposed
fees for EDGX Top discussed above. Like the proposed fee for EDGX Top
Derived Data, Distributors of Cboe One Summary Derived Data would be
liable for the fees normally applicable for the external distribution
of Cboe One Summary, except for the Non-Professional User fee (i.e.,
$0.25/month) which would be free under the Platform Service.
Corresponding Amendments to Fee Schedule
    Based on the proposed amendments discussed above, the Exchange
proposes several clarifying modifications to the Fee Schedule. First,
the Exchange proposes to add a definition of ``Platform Service'' to
the Market Data Fees definitions section of the Fee Schedule. The
definition would provide that ``a Platform Service is a type of hosted
display solution in which a Distributor provides derivative products to
Platform Service Data Users within their infrastructure. The service
allows Distributors to make Derived Data available as part of a
platform, providing users remote access to derivative products based in
whole or in part on Exchange Data.''
    The Exchange also proposes to amend explanatory asterisks provided
under the Program in the Fee Schedule. Specifically, the Exchange
proposes to amend the paragraph following the first asterisk to
reference the proposed Platform Service in addition to the existing
references to the White Label Service and API Service. Additionally,
the Exchange proposes to add references to Cboe One Summary after all
references to EDGX Top in the paragraph following the first asterisk.
Lastly, the Exchange proposes to add additional examples to asterisks
two and three so as to explain the application of fees for Derived Data
from Cboe One Summary. These proposed non-substantive changes would
provide clarity in the Fee Schedule based on the addition of the
Platform Service and Cboe One Summary proposed herein.

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the objectives of Section 6 of the Act,\13\ in general, and
furthers the objectives of Section 6(b)(4),\14\ in particular, as it is
designed to provide for the equitable allocation of reasonable dues,
fees and other charges among its members and other recipients of
Exchange data.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78f.
    \14\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange also believes that the proposed rule change is
consistent with Section 11(A) of the Act.\15\ Specifically, the
proposed rule change supports (i) fair competition among brokers and
dealers, among exchange markets, and between exchange markets and
markets other than exchange markets, and (ii) the availability to
brokers, dealers, and investors of information with respect to
quotations for and transactions in securities. In addition, the
proposed rule change is consistent with Rule 603 of Regulation NMS,\16\
which provides that any national securities exchange that distributes
information with respect to quotations for or transactions in an NMS
stock do so on terms that are not unreasonably discriminatory.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78k-1.
    \16\ See 17 CFR 242.603.
---------------------------------------------------------------------------

    In adopting Regulation NMS, the Commission granted SROs and broker-
dealers increased authority and flexibility to offer new and unique
market data to the public. It was believed that this authority would
expand the amount of data available to consumers, and also spur
innovation and competition for the provision of market data. The
Exchange believes that the proposed fee change would further broaden
the availability of U.S. equity market data to investors, consistent
with the principles of Regulation NMS.
    The Exchange operates in a highly competitive environment. Indeed,
there are 16 registered national securities exchanges that trade U.S.
equities and have the capability to offer associated top of book market
data products to their customers. The national securities exchanges
also compete with the Securities Information Processors (``SIPs'') for
market data customers. The Commission has repeatedly expressed its
preference for competition over regulatory intervention in determining
prices, products, and services in the securities markets. Specifically,
in Regulation NMS, the Commission highlighted the importance of market
forces in determining prices and SRO revenues and, also, recognized
that current regulation of the market system ``has been remarkably
successful in promoting market competition in its broader forms that
are most important to investors and listed companies.'' \17\ The
proposed fee change is a result of the competitive environment, as the
Exchange seeks to amend its fees to attract additional subscribers for
its proprietary top of book data offerings through the introduction of
a Derived Data Platform Service and the expansion of top of book data
offerings to include Cboe One Summary under the Program.
---------------------------------------------------------------------------

    \17\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496, 37499 (June 29, 2005) (``Regulation NMS Adopting
Release'').
---------------------------------------------------------------------------

    The Exchange believes that it is reasonable to introduce reduced
fees for the use of Derived Data on Platform Services as the proposed
fee reduction would facilitate cost effective access to market
information that is used primarily to create and display certain
derivative instruments rather than to display the underlying U.S.
equity securities. The proposed Platform Service fees are constrained
by competition, and it is this competition that is driving the proposed
fee change. Indeed, the Program is designed to allow the Exchange to
compete more effectively for market data distributors that purchase
market information to offer Derived Data to investors.
    Similarly, the Exchange believes that it is reasonable to enhance
the Program by expanding Exchange data offered under the Program to
include Cboe One Summary as doing so will allow Distributors to create
Derived Data that is based on a more comprehensive view of the U.S.
equities market. Because Exchange data in this context is primarily
purchased for the creation of Derived Data encompassing certain
derivative instruments, Distributors do not require a consolidated view
of the market across multiple exchanges, and will generally purchase
such data from a single or select few exchange(s) for their purposes.
As noted above, Cboe One Summary includes top of book quotation and
transaction data across all four Cboe equity exchanges, which would
allow Distributors to create more meaningful Derived Data than that
available from a single exchange's market data at a potentially reduced
price.
    The existence of alternatives to the Program ensures that the
Exchange cannot set unreasonable or unfairly discriminatory fees, as
subscribers are free to elect such alternatives. That is, the Exchange
competes with other exchanges that provide similar market data products
and pricing programs. Expanding the availability of diverse competitive
products actually promotes additional competition as it ensures that
alternative products from different sources are readily available to
Distributors and the broader market. The Exchange therefore believes
that the introduction of pricing programs and the expansion of Exchange
data are not only constrained by competition but also ensure continued
competition that acts as a constraint on the pricing of services
provided by other national securities exchanges and the SIPs. If a
competing exchange were to charge less for a similar product than the
Exchange charges under the proposed fee structure, prospective
subscribers may choose not subscribe to, or cease subscribing to, the
Program. The Exchange believes that lowering the cost of accessing
Derived Data may make the Exchange's market information more
attractive, and encourage additional Distributors to subscribe to
Exchange market data instead of competitor products. The Exchange
anticipates up to 10 Distributors to participate in the proposed
Platform Service, and up to three Distributors to create Derived Data
from Cboe One Summary. Distributors can discontinue use at any time and
for any reason, including due to an assessment of the reasonableness of
fees charged. Further, firms have a wide variety of alternative market
data products from which to choose, such as similar proprietary data
products offered by other national securities exchanges, including
those that choose to offer discounted fees for the distribution of
Derived Data in an effort to compete for this business.
    The proposed rule change would provide an optional fee structure
for Distributors to use Exchange data to make Derived Data available to
Non-Professional Users via an Exchange approved Platform Service at a
reduced fee. As proposed, if a Distributor uses a Platform Service to
distribute Derived Data, the Distributor would be charged the normal
applicable External Distributor Fee excluding the Non-Professional User
Fee. The Exchange believes that it is equitable and not unfairly
discriminatory to charge a fee for Professional Users but no fee for
Non-Professional Users. Non-Professional Users are already subject to a
heavily discounted fee for EDGX Top market data relative to
Professional Users. Differential fees for Professional and Non-
Professional Users are widely used by the Exchange and other exchanges
for their proprietary market data as this reduces costs for retail
investors and makes market data more broadly available. The Exchange
believes that eliminating fees for Non-

Professional Users that access Derived Data from Distributors pursuant
to the Program is consistent with longstanding precedent indicating
that it is consistent with the Act to provide reasonable incentives to
retail investors that rely on the public markets for their investment
needs.\18\ Further, the proposed fee would only apply to Distributors
that elect to participate in the Program by distributing Derived Data
through a Platform Service. Exchange market data is distributed and
purchased on a voluntary basis, in that neither the Exchange nor market
data distributors are required by any rule or regulation to make this
data available. Distributors of Exchange data are not required to
participate in the proposed Program, which is merely an alternative
option being proposed by the Exchange to potentially lower costs for
market data that is Derived Data. As previously explained, the Exchange
currently offers discounted fees for Distributors that distribute
Derived Data on a White Label Service or an API Service. Expanding the
universe of customers that can benefit from discounted fees for
distributing Derived Data would serve to further increase the
accessibility of the Exchange's market data products. Although the
proposed pricing for the Platform Service differs from the pricing
currently in place for the White Label and API Service Programs, it
mirrors the normal External Distribution Fee for EDGX Top and Cboe One
Summary except that there would be no fee for Non-Professional Users.
The White Label Service provides an ``off-the-shelf'' solution to
display Derived Data as it is ultimately designed and controlled by the
Distributor. Alternatively, the API Service offers end clients of
Distributors to use Derived Data in one or more of their own customized
applications. The Exchange believes that the proposed pricing reflects
the relative benefits provided to Distributors that offer a Platform
Service that allows Users remote access to derivative products via a
hosted display solution within the Distributors fully managed
infrastructure.
---------------------------------------------------------------------------

    \18\ As discussed previously, the Exchange does not fees [sic]
to Non-Professional Users pursuant to the White Label Service and
API Service. See Securities Exchange Act No. 84002 (August 30, 2018)
83 FR 45149 (September 5, 2018) (SR-CboeEDGX-2018-065) (Proposed fee
amendment for White Label Service). See also Securities Exchange Act
No. 87306 (October 15, 2019) 84 FR 56258 (October 21, 2019) (SR-
CboeEDGX-2019-087) (Proposed fee amendment for API Service).
---------------------------------------------------------------------------

    The proposed rule change would also provide Distributors the option
to create Derived Data from Cboe One Summary, and benefit from reduced
fees for that product under the Financial Product Distribution Program,
in addition to the currently available EDGX Top. The proposed fees
would only apply to Distributors that elect to create Derived Data from
Cboe One Summary. Similar to the fee structure for EDGX Top under the
Program, no fee would be assessed for Non-Professional Users of Derived
Data from Cboe One Summary. For the same reasons discussed above, the
Exchange believes it is equitable and not unfairly discriminatory to
charge a fee for Professional Users but no fee for Non-Professional
Users. Further, the proposed fee would only apply to Distributors that
elect to participate in the Program by distributing Derived Data from
Cboe One Summary. Exchange market data is distributed and purchased on
a voluntary basis, in that neither the Exchange nor market data
distributors are required by any rule or regulation to make this data
available. Although the proposed pricing for Cboe One Summary differs
from the pricing currently in place for EDGX Top, the Exchange also
believes that its pricing reflects the relative benefits provided to
Distributors that provide Derived Data based on market information from
all four Cboe equities exchanges. For example, the proposed fee for one
to five External Subscribers of Derived Data based on Cboe One Summary
using the API Service is equal to the aggregate standard External
Distribution Fee across the Cboe equities exchange Top feeds, and is
also equal to the standard External Distribution Fee for Cboe One
Summary (i.e., $5,000 per External Subscriber) on the Exchange. The
proposed fee under the White Label Service is less than the proposed
fee for API Service as Derived Data is provided on an ``off-the-shelf''
basis, and thus reflects the relative benefits provided to
Distributors. Further, the proposed fee for Cboe One Summary under the
proposed Platform Service is identical to the standard External
Distributor fee for Cboe One Summary with the exception that there
would be no fee associated with Non-Professional Users.

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

    The Exchange does not believe that the proposed rule change would
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act. The Exchange
operates in a highly competitive environment, and its ability to price
these data products is constrained by: (i) Competition among exchanges
that offer similar data products, and pricing options, to their
customers; and (ii) the existence of inexpensive real-time consolidated
data disseminated by the SIPs. Top of book data is disseminated by both
the SIPs and all 16 equities exchanges have the capability to
disseminate such data. There are therefore a number of alternative
products available to market participants and investors. In this
competitive environment potential subscribers are free to choose which
competing product to purchase to satisfy their need for market
information. Often, the choice comes down to price, as broker-dealers
or vendors look to purchase the lowest priced top of book data product,
or quality, as market participants seek to purchase data that
represents significant market liquidity. In order to better compete for
this segment of the market, the Exchange is proposing to reduce fees
charged to Distributors that distribute Derived Data through an
Exchange approved Platform and enhance the existing program to offer
Distributors the option to create Derived Data based on Cboe One
Summary. The Exchange believes that this would facilitate greater
access to Exchange data, ultimately benefiting investors that are
provided access to such data. The proposed Platform Service fees would
apply to data derived from EDGX Top and Cboe One Summary, which are
subject to competition from both the SIPs and exchanges that offer
similar products, including but not limited to those that choose to
provide similar pricing options for Derived Data. A number of national
securities exchanges, including the Exchange, its affiliated Cboe U.S.
equities exchanges, and the Nasdaq Stock Market, LLC (``Nasdaq'') offer
pricing discounts for Derived Data today. These pricing programs reduce
the cost of accessing top of book market information that is used,
among other things, to create derivative instruments rather than to
trade U.S. equity securities. In order to better compete for this
segment of the market, the Exchange is proposing to expand the Program
to include a Derived Data Platform Service, which would allow
additional market data customers to benefit from discounted pricing.
Additionally, the Exchange is proposing to enhance the Program by
providing a fee structure for Cboe One Summary, which would allow
Distributors to create Derived Data that is based on a more
comprehensive view of the U.S. equities market. The Exchange does not
believe that the proposal would cause any unnecessary or inappropriate
burden on intermarket competition as other exchanges and data vendors
are free to lower their prices to better

compete with the Exchange's offering. The Exchange believes that the
proposed rule change is pro-competitive as it seeks to offer pricing
incentives to customers to better position the Exchange as it competes
to attract additional market data subscribers.

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

    The Exchange neither solicited nor received comments on the
proposed rule change.

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) of the Act \19\ and paragraph (f) of Rule 19b-4 \20\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission will institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78s(b)(3)(A).
    \20\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

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 email to<EMAIL_ADDRESS>Please include
File Number SR-CboeEDGX-2021-003 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CboeEDGX-2021-003. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (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 website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-CboeEDGX-2021-003 and should be
submitted on or before February 11, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\21\
---------------------------------------------------------------------------

    \21\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-01133 Filed 1-19-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: January 24, 2008 (Volume 73, Number 16)]
[Rules and Regulations]
[Page 4051-4053]
[DOCID:fr24ja08-2]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-29317; Directorate Identifier 2007-CE-079-AD;
Amendment 39-15348; AD 2008-02-18]
RIN 2120-AA64

Airworthiness Directives; Cessna Aircraft Company 172 and 182
Series Airplanes

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

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Cessna Aircraft Company 172 series airplanes with the BRS-172 Parachute
System installed via Supplemental Type Certificate (STC) No. SA01679CH
and Cessna Aircraft Company 182 series airplanes that are equipped with
the BRS-182 Parachute System installed via STC No. SA01999CH. This AD
requires you to replace the pick-up collar support and nylon screws for
the BRS-172 and BRS-182 Parachute System. This AD results from
notification by Ballistic Recovery Systems, Inc. (BRS) that the pick-up
collar assembly may prematurely move off the launch tube and adversely
affect rocket trajectory during deployment. We are issuing this AD to
prevent premature separation of the collar, which could result in the
parachute failing to successfully deploy.

DATES: This AD becomes effective on February 28, 2008.
    On February 28, 2008, the Director of the Federal Register approved
the incorporation by reference of certain publications listed in this
AD.

ADDRESSES: For service information identified in this AD, contact
Ballistic Recovery Systems, Inc., 300 Airport Road, South Saint Paul,
MN 55075-3551; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.
    To view the AD docket, go to U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue, SE., Washington, DC 20590, or on the Internet at
http://www.regulations.gov. The docket number is FAA-2007-29317;

Directorate Identifier 2007-CE-079-AD.

FOR FURTHER INFORMATION CONTACT: Gregory Michalik, Senior Aerospace
Engineer, 2300 East Devon Avenue, Room 107, Des Plaines, Illinois
60018; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    On November 2, 2007, we issued a proposal to amend part 39 of the
Federal Aviation Regulations (14 CFR part 39) to include an AD that
would apply to certain Cessna Aircraft Company 172 and 182 series
airplanes that are equipped with the BRS-172 and BRS-182 Parachute
System. This proposal was published in the Federal Register as a notice
of proposed rulemaking (NPRM) on November 2, 2007 (72 FR 62143). The
NPRM proposed to require the replacement of the pick-up collar support
and screws for the BRS-172 and BRS-182 Parachute System.

Comments

    We provided the public the opportunity to participate in developing
this AD. We received no comments on the proposal or on the
determination of the cost to the public.

Conclusion

    We have carefully reviewed the available data and determined that
air safety and the public interest require adopting the AD as proposed
except for minor editorial corrections. We have determined that these
minor corrections:
     Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Costs of Compliance

    We estimate that this AD affects 54 airplanes in the U.S. registry.
    We estimate the following costs to do the modification:

----------------------------------------------------------------------------------------------------------------
                                                                                Total cost per   Total cost on
                  Labor cost                               Parts cost                airplane     U.S. operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $80 per hour = $80..............  Not Applicable..................             $80          $4,320
----------------------------------------------------------------------------------------------------------------

    Note: BRS will provide warranty credit to the extent noted in
Ballistic Recovery Systems, Inc. Service Bulletins SB 07-01 and SB
07-02, both dated June 8, 2007.

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 AD.

Regulatory Findings

    We have determined that 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 the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. 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.
    We prepared a summary of the costs to comply with this AD (and
other information as included in the Regulatory Evaluation) and placed
it in the AD Docket. You may get a copy of this summary by sending a
request to us at the address listed under ADDRESSES. Include ``Docket
No. FAA-2007-29317; Directorate Identifier 2007-CE-079-AD'' in your
request.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the Federal Aviation Administration 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. FAA amends Sec.  39.13 by adding the following new AD:

2008-02-18 Cessna Aircraft Company: Amendment 39-15348; Docket No.
FAA-2007-29317; Directorate Identifier 2007-CE-079-AD.

Effective Date

    (a) This AD becomes effective on February 28, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the following airplane models, all serial
numbers, certificated in any category, that are equipped with:
    (1) BRS-172 Parachute System installed via Supplemental Type
Certificate (STC) No. SA01679CH, or
    (2) BRS-182 Parachute System installed via STC No. SA01999CH.

------------------------------------------------------------------------
         Cessna 172 models                    Cessna 182 models
------------------------------------------------------------------------
172                                  182G
172A                                 182H
172B                                 182J
172C                                 182K
172D                                 182L
172E                                 182M
172F (USAF T-41A)                    182N
172G                                 182P
172H (USAF T-41A)                    182Q
172I                                 182R
172K                                 182S
172L                                 182T
172M                                 T182
172N                                 T182T
172P
172Q
172R
172S
R172J
R172K
------------------------------------------------------------------------

Unsafe Condition

    (d) This AD results from notification by Ballistic Recovery
Systems, Inc. (BRS) that the pick-up collar assembly may prematurely
move off the launch tube and adversely affect rocket trajectory
during deployment. We are issuing this AD to prevent premature
separation of the collar. This condition could

result in the parachute failing to successfully deploy.

Compliance

    (e) To address this problem, you must do the following, unless
already done:

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
Remove and replace the pick-  Within the next 25    (i) For Cessna 172
 up collar support and two     hours time-in-        series airplanes
 retaining screws.             service after         follow BRS SB 07-
                               February 28, 2008     01, dated June 8,
                               (the effective date   2007.
                               of this AD).         (ii) For Cessna 182
                                                     series airplanes,
                                                     follow BRS SB 07-
                                                     02, dated June 8,
                                                     2007.
------------------------------------------------------------------------

Alternative Methods of Compliance (AMOCs)

    (f) The Manager, Chicago Aircraft Certification Office, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. Send information to ATTN: Gregory
Michalik, Senior Aerospace Engineer, FAA, 2300 East Devon Avenue,
Des Plaines, Illinois, 60018; telephone:<PHONE_NUMBER>; fax: (847)
294-7834; e-mail<EMAIL_ADDRESS>Before using any
approved AMOC on any airplane to which the AMOC applies, notify your
appropriate principal inspector (PI) in the FAA Flight Standards
District Office (FSDO), or lacking a PI, your local FSDO.

Material Incorporated by Reference

    (g) You must use Ballistic Recovery Systems, Inc. Service
Bulletin No. 07-01, dated June 8, 2007, for Cessna 172 series
airplanes; or Ballistic Recovery Systems, Inc. Service Bulletin No.
07-02, dated June 8, 2007, for Cessna 182 series airplanes; to do
the actions required by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Ballistic Recovery Systems, Inc., 300 Airport Road, South Saint
Paul, MN 55075-3551; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.
    (3) You may review copies at the FAA, Central Region, Office of
the Regional Counsel, 901 Locust, Kansas City, Missouri 64106; or at
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
.

    Issued in Kansas City, Missouri, on January 16, 2008.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
 [FR Doc. E8-1130 Filed 1-23-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register: October 14, 2010 (Volume 75, Number 198)]
[Rules and Regulations]
[Page 63086]
[DOCID:fr14oc10-17]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2010-0912]

Drawbridge Operation Regulations; Duluth Ship Canal (Duluth-
Superior Harbor).

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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

SUMMARY: Commander, Ninth Coast Guard District, has issued a temporary
deviation from the regulation governing the operation of the Duluth
Ship Canal Aerial Bridge at Mile 0.1 over the Duluth Ship Canal, at
Duluth, MN, for scheduled maintenance. During this temporary deviation
the bridge will be secured to masted navigation. Vessels that can pass
under the bridge without an opening may do so at any time.

DATES: This deviation is effective from 6 a.m. on January 14, 2011 to
10 a.m. on March 14, 2011.

ADDRESSES: Documents mentioned in this preamble as being available in
the docket are part of docket USCG-2010-0912 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-0912 in the
``Keyword'' box and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, 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 FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or e-mail Mr. Lee D. Soule, Bridge Management Specialist, Ninth
Coast Guard District; telephone<PHONE_NUMBER>, e-mail;
<EMAIL_ADDRESS>If you have questions on viewing the docket, call
Renee V. Wright, Program Manager, Docket Operations, telephone 202-366-
9826.

SUPPLEMENTARY INFORMATION: The City of Duluth, MN, who owns and
operates this drawbridge, has requested a temporary deviation from the
current operating regulations set forth in 33 CFR 117.661. The purpose
of this request is to facilitate structural maintenance of the bridge
superstructure. The bridge is normally required to open if at least 24
hours advance notice is provided during the scheduled maintenance
period. Vessels that can pass under the bridge without an opening may
do so at any time. The bridge has a horizontal clearance of 300 feet
and a vertical clearance of 15 feet in the closed position. Mariners
that require passage between the harbor and Lake Superior with an air
draft greater than 15 feet may use the Superior Entrance Channel,
Superior, Wisconsin at any time. Impact to masted navigation is
mitigated by the close proximity of an alternate route and the reduced
navigational needs in the harbor during the winter. The most updated
and detailed marine information for this event, and all bridge
operations, is found in the Local Notice to Mariners and Broadcast
Notice to Mariners issued by the Coast Guard. From 6 a.m. on January
14, 2011 to 10 a.m. on March 14, 2011 the bridge need not open for any
vessel. In accordance with 33 CFR 117.35(e), the drawbridge must return
to its regular operating schedule immediately at the end of the
designated time period. This deviation from the operating regulations
is authorized under 33 CFR 117.35.

    Dated: September 28, 2010.
Scot M. Striffler,
Bridge Program Manager, Ninth Coast Guard District.
[FR Doc. 2010-25805 Filed 10-13-10; 8:45 am]
BILLING CODE 9110-04-P


required under subsection 41.9.5(d) for the control period.

		(3)	After the requirements for withdrawal under paragraphs (b)(1) and
(2) of this subsection are met, the Administrator will deduct from the
NOx Budget opt-in source's compliance account, or the overdraft account
of the NOx Budget source where the NOx Budget opt-in source is located,
NOx allowances equal in number to and allocated for the same or a prior
control period as any NOx allowances allocated to that source under
subsection 41.13.9 for any control period for which the withdrawal is to
be effective.  The Administrator will close the NOx Budget opt-in
source's compliance account and will establish, and transfer any
remaining allowances to, a new general account for the owners and
operators of the NOx Budget opt-in source.  The NOx authorized account
representative for the NOx Budget opt-in source shall become the NOx
authorized account representative for the general account.

	(c)	A NOx Budget opt-in source that withdraws from the NOx Budget
Trading Program shall comply with all requirements under the NOx Budget
Trading Program concerning all years for which such NOx Budget opt-in
source was a NOx Budget opt-in source, even if such requirements arise
or must be complied with after the withdrawal takes effect.

	(d)	Notification.

		(1)	After the requirements for withdrawal under paragraphs (a) and (b)
of this subsection are met (including deduction of the full amount of
NOx allowances required), the Department will issue a notification to
the NOx authorized account representative of the NOx Budget opt-in
source of the acceptance of the withdrawal of the NOx Budget opt-in
source as of a specified effective date that is after such requirements
have been met and that is prior to May 1 or after September 30.

		(2)	If the requirements for withdrawal under paragraphs (a) and (b) of
this subsection are not met, the Department will issue a notification to
the NOx authorized account representative of the NOx Budget opt-in
source that the NOx Budget opt-in source's request to withdraw is
denied.  If the NOx Budget opt-in source's request to withdraw is
denied, the NOx Budget opt-in source shall remain subject to the
requirements for a NOx Budget opt-in source.

	(e)	Permit amendment.  After the Department issues a notification under
paragraph (d)(1) of this subsection that the requirements for withdrawal
have been met, the Department will revise the NOx Budget permit covering
the NOx Budget opt-in source to terminate the NOx Budget opt-in permit
as of the effective date specified under paragraph (d)(1) of this
subsection.  A NOx Budget opt-in source shall continue to be a NOx
Budget opt-in source until the effective date of the termination.

	(f)	Reapplication upon failure to meet conditions of withdrawal.  If
the Department denies the NOx Budget opt-in source's request to
withdraw, the NOx authorized account representative may submit another
request to withdraw in accordance with paragraphs (a) and (b) of this
subsection.

	(g)	Ability to return to the NOx Budget Trading Program.  Once a NOx
Budget opt-in source withdraws from the NOx Budget Trading Program and
its NOx Budget opt-in permit is terminated under this section, the NOx
authority account representative may not submit another application for
a NOx Budget opt-in permit under subsection 41.13.4 for the unit prior
to the date that is 4 years after the date on which the terminated NOx
Budget opt-in permit became effective.

41.13.8	Change in regulatory status.

	(a)	Notification.  When a NOx Budget opt-in source becomes a NOx Budget
unit under section 41.3, the NOx authorized account representative shall
notify in writing the Department and the Administrator of such change in
the NOx Budget opt-in source's regulatory status, within 30 days of such
change.

		(b)	Department's and Administrator's action.

	(1)	When the NOx Budget opt-in source becomes a NOx Budget unit under
section 41.3, the Department will revise the NOx Budget opt-in source's
NOx Budget opt-in permit to meet the requirements of a NOx Budget permit
under subsection 41.7.5 as of an effective date that is the date on
which such NOx Budget opt-in source becomes a NOx Budget unit under
section 41.3.

		(2)	The Administrator will deduct from the compliance account for the
NOx Budget unit under paragraph (b)(1) of this subsection, or the
overdraft account of the NOx Budget source where the unit is located,
NOx allowances equal in number to and allocated for the same or a prior
control period as:

			a.	Any NOx allowances allocated to the NOx Budget unit (as a NOx
Budget opt-in source) under subsection 41.13.9 for any control period
after the last control period during which the unit's NOx Budget opt-in
permit was effective; and

			b.	If the effective date of the NOx Budget permit revision under
paragraph (b)(1) of this subsection is during a control period, the NOx
allowances allocated to the NOx Budget unit (as a NOx Budget opt-in
source) under subsection 41.13.9 for the control period multiplied by
the ratio of the number of days, in the control period, starting with
the effective date of the permit revision under paragraph (b)(1) of this
subsection, divided by the total number of days in the control period.

		(3)	The NOx authorized account representative shall ensure that the
compliance account of the NOx Budget unit under paragraph (b)(1) of this
section, or the overdraft account of the NOx Budget source where the
unit is located, includes the NOx allowances necessary for completion of
the deduction under paragraph (b)(2) of this subsection.  If the
compliance account or overdraft account does not contain sufficient NOx
allowances, the Administrator will deduct the required number of NOx
allowances, regardless of the control period for which they were
allocated, whenever NOx allowances are recorded in either account.

		(4)	For every control period during which the NOx Budget permit
revised under paragraph (b)(1) of this subsection is effective, the NOx
Budget unit under paragraph (b)(1) of this subsection will be treated,
solely for purposes of NOx allowance allocations under section 41.5, as
a unit that commenced operation on the effective date of the NOx Budget
permit revision under paragraph (b)(1) of this subsection and will be
allocated NOx allowances under subsection 41.5.

		(5)	Notwithstanding paragraph (b)(4) of this subsection, if the
effective date of the NOx Budget permit revision under paragraph (b)(1)
of this subsection is during a control period, the following number of
NOx allowances will be allocated to the NOx Budget unit under paragraph
(b)(1) of this subsection under section 41.5 for the control period: the
number of NOx allowances otherwise allocated to the NOx Budget unit
under section 41.5 for the control period multiplied by the ratio of the
number of days, in the control period, starting with the effective date
of the permit revision under paragraph (b)(1) of this subsection,
divided by the total number of days in the control period.

		(6)	When the NOx authorized account representative of a NOx Budget
opt-in source does not renew its NOx Budget opt-in permit under
subsection 41.13.4(b), the Administrator will deduct from the NOx Budget
opt-in unit's compliance account, or the overdraft account of the NOx
Budget source where the NOx Budget opt-in source is located, NOx
allowances equal in number to and allocated for the same or a prior
control period as any NOx allowances allocated to the NOx Budget opt-in
source under subsection 41.13.9 for any control period after the last
control period for which the NOx Budget opt-in permit is effective.  The
NOx authorized account representative shall ensure that the NOx Budget
opt-in source's compliance account or the overdraft account of the NOx
Budget source where the NOx Budget opt-in source is located includes the
NOx allowances necessary for completion of such deduction.  If the
compliance account or overdraft account does not contain sufficient NOx
allowances, the Administrator will deduct the required number of NOx
allowances, regardless of the control period for which they were
allocated, whenever NOx allowances are recorded in either account.

		(7)	After the deduction under paragraph (b)(6) of this subsection is
completed, the Administrator will close the NOx Budget opt-in source's
compliance account.  If any NOx allowances remain in the compliance
account after completion of such deduction and any deduction under
subsection 41.9.5, the Administrator will close the NOx Budget opt-in
source's compliance account and will establish, and transfer any
remaining allowances to, a new general account for the owners and
operators of the NOx Budget opt-in source.  The NOx authorized account
representative for the NOx Budget opt-in source shall become the NOx
authorized account representative for the general account.

41.13.9	NOx allowance allocations to opt-in units.

		(a)	NOx allowance allocation.

		(1)	By December 31 immediately before the first control period for
which the NOx Budget opt-in permit is effective, the Department will
allocate NOx allowances to the NOx Budget opt-in source and submit to
the Administrator the allocation for the control period in accordance
with paragraph (b) of this subsection.

		(2)	By no later than December 31, after the first control period for
which the NOx Budget opt-in permit is in effect, and December 31 of each
year thereafter, the Department will allocate NOx allowances to the NOx
Budget opt-in source, and submit to the Administrator allocations for
the next control period, in accordance with paragraph (b) of this
subsection.

	(b)	For each control period for which the NOx Budget opt-in source has
an approved NOx Budget opt-in permit, the NOx Budget opt-in source will
be allocated NOx allowances in accordance with the following procedures:

		(1)	The heat input (in mmBtu) used for calculating NOx allowance
allocations will be the lesser of:

			a.	The NOx Budget opt-in source's baseline heat input determined
pursuant to subsection 41.13.5(c); or

			b.	The NOx Budget opt-in source's heat input, as determined in
accordance with section 41.10, for the control period in the year prior
to the year of the control period for which the NOx allocations are
being calculated.

		(2)	The Department will allocate NOx allowances to the NOx Budget
opt-in source in an amount equaling the heat input (in mmBtu) determined
under paragraph (b)(1) of this subsection multiplied by the lesser of:

			a.	The NOx Budget opt-in source's baseline NOx emissions rate (in
lb/mmBtu) determined pursuant to subsection 41.13.5(c); or

			b.	The most stringent State or Federal NOx emissions limitation
applicable to the NOx Budget opt-in source during the control period.

41.14	Retired unit exemption.

41.14.1	This section applies to any NOx Budget unit, other than a NOx
Budget opt-in source, that is permanently retired.

41.14.2	Any NOx Budget unit, other than a NOx Budget opt-in source, that
is permanently retired shall be exempt from the NOx Budget Trading
Program, except for the provisions of this section, sections 41.1, 41.3,
41.5, 41.8, 41.9, and subsection 41.4.6.

	41.14.3	The exemption under subsection 41.14.2 shall become effective
the day on which the unit is permanently retired.  Within 30 days of
permanent retirement, the NOx authorized account representative
(authorized in accordance with section 41.6) shall submit a statement to
the Department otherwise responsible for administering any NOx Budget
permit for the unit.  A copy of the statement shall be submitted to the
Administrator.  The statement shall state (in a format prescribed by the
Department) that the unit is permanently retired and will comply with
the requirements of subsection 41.14.5.

	41.14.4	After receipt of the notice under subsection 41.14.3, the
Department will amend any permit covering the source at which the unit
is located to add the provisions and requirements of the exemption under
subsections 41.14.2 and 41.14.5.

41.14.5	Special provisions.

	(a)	A unit exempt under this section shall not emit any nitrogen
oxides, starting on the date that the exemption takes effect.  The
owners and operators of the unit will be allocated allowances in
accordance with section 41.5.

		(b)	A unit exempt under this section and located at a source that is
required, or but for this exemption would be required, to have a title V
operating permit shall not resume operation unless the NOx authorized
account representative of the source submits a complete NOx Budget
permit application under subsection 41.7.4 for the unit not less than 18
months prior to the later of May 1, 2003 or the date on which the unit
is to first resume operation.

	(c) 	A unit exempt under this section and located at a source that is
required, or but for this exemption would be required, to have a
non-title V permit shall not resume operation unless the NOx authorized
account representative of the source submits a complete NOx Budget
permit application under subsection 41.7.4 for the unit not less than 18
months prior to the later of May 1, 2003 or the date on which the unit
is to first resume operation.

		(d)	The owners and operators and, to the extent applicable, the NOx
authorized account representative of a unit exempt under this section
shall comply with the requirements of the NOx Budget Trading Program
concerning all periods for which the exemption is not in effect, even if
such requirements arise, or must be complied with, after the exemption
takes effect.

	(e)	A unit that is exempt under this section is not eligible to be a
NOx Budget opt-in source under section 41.13.

		(f)	For a period of 5 years from the date the records are created, the
owners and operators of a unit exempt under this section shall retain at
the source that includes the unit, records demonstrating that the unit
is permanently retired.  The 5-year period for keeping records may be
extended for cause, at any time prior to the end of the period, in
writing by the Department or the Administrator.  The owners and
operators bear the burden of proof that the unit is permanently retired.

		(g)	Loss of exemption.

		(1)	On the earlier of the following dates, a unit exempt under
subsection 41.14.2 shall lose its exemption:

				a.	The date on which the NOx authorized account representative
submits a NOx Budget permit application under subsection 41.14.5(b) or
(c); or

				b.	The date on which the NOx authorized account representative is
required under subsection 41.14.5(b) or (c) to submit a NOx Budget
permit application.

			(2)	For the purpose of applying monitoring requirements under section
41.10, a unit that loses its exemption under this section shall be
treated as a unit that commences operation or commercial operation on
the first date on which the unit resumes operation.

General Provisions

Purpose

The purpose of this regulation is to specify the requirements of a
nitrogen oxides budget trading program

Authority

These regulations are authorized pursuant to R.I. Gen. Laws §
42-17.1-2(s) and 23-23, as amended, and have been promulgated pursuant
to the procedures set forth in the R.I. Administrative Procedures Act,
R.I. Gen. Laws Chapter 42-35

Application

The terms and provisions of this regulation shall be liberally construed
to permit the Department to effectuate the purposes of state law, goals
and policies.

Severability

If any provision of this regulation or the application thereof to any
person or circumstance, is held invalid by a court of competent
jurisdiction, the validity of the remainder of the regulation shall not
be affected thereby.

Effective Date

  h)v

h)v

  h)v

 h)v

hÕ

b

º

L

옍)

옍)

ᔖ⥨൶ᘀ⥨൶㔀脈⨾䌁ᑊᰀ%

&

*

+

.

/

?

@

A

[

\

]

_

`

a

b

c

d

€

‚

ƒ

‡

ˆ

—

˜

™

³

´

µ

·

¸

¹

º

»

¼

Ø

Ù

ᔀﵨ簙ᘀﵨ簙　ᵊ㔀脈ࡕ━Ù

Ú

Û

ß

à

ò

ó

ô

!

"

)

*

+

E

F

G

I

J

K

L

M

N

j

k

ࠆᔁﵨ簙ᘀꕨ輛㔀脈ࡕ␁k

l

m

q

r

‰

Š

‹

¥

¦

§

©

ª

«

¬

®

Ê

Ë

Ì

Í

Ñ

Ò

ï

ð

ñ

ࠆᔁﵨ簙ᘀꕨ輛㔀脈⨾䈁Ȫࡕ瀁h＀␀L

¬

옍)

옍)

옍)

옍)

옍)

@

옍)

옍)

@

@

옍)

옍)

옍)

옍)

옍)

@

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

@

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

 ̤̀옍

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

@

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

@

옍)

옍)

@

옍)

옍)

@

옍)

옍)

@

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

@

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

@

옍)

옍)

옍)

옍)

q

s

@

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

@

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍#

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

@

옍)

옍)

옍)

옍)

옍)

옍)

옍)

@

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

r

s

˜

™

@

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

萏ୀ萑葞ୀ葠ఀs

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

옍)

&

__ day of ______June____, 2007_ to become effective twenty (20) days
thereafter, in accordance with the provisions of Chapters 23-23, 42-35,
42-17.1, 42-17.6, of the General Laws of Rhode Island of 1956, as
amended.

W. Michael Sullivan, PhD., Director

Department of Environmental Management

Notice Given on:  February 21, 2007

Public Hearing held:	March 23, 2007

Filing Date:	June 29, 2007

Effective Date:    July 19, 2007

Page   PAGE  63  of 66


[Federal Register Volume 80, Number 194 (Wednesday, October 7, 2015)]
[Rules and Regulations]
[Pages 60541-60545]
[FR Doc No: 2015-25334]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2014-0605; A-1-FRL-9935-31-Region 1]

Approval and Promulgation of Air Quality Implementation Plans;
Rhode Island; Sulfur Content of Fuels

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of Rhode
Island on June 26, 2014, with supplemental submittals on March 25, 2015
and August 28, 2015. This SIP revision includes a regulation that has
been revised to require a lower sulfur content for petroleum-based
distillate and residual fuel oils. In addition, outdated provisions in
the regulation have been removed. The intended effect of this action is
to approve this regulation into the Rhode Island SIP. This action is

being taken in accordance with the Clean Air Act.

DATES: This direct final rule will be effective December 7, 2015,
unless EPA receives adverse comments by November 6, 2015. If adverse
comments are received, EPA will publish a timely withdrawal of the
direct final rule in the Federal Register informing the public that the
rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2014-0605 by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: ``Docket Identification Number EPA-R01-OAR-2014-0605, Bob
McConnell, U.S. Environmental Protection Agency, EPA New England
Regional Office, Office of Ecosystem Protection, Air Quality Planning
Unit, 5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA
02109-3912.
    5. Hand Delivery or Courier. Deliver your comments to: Bob
McConnell, Acting Manager, Air Quality Planning Unit, Office of
Ecosystem Protection, U.S. Environmental Protection Agency, EPA New
England Regional Office, 5 Post Office Square--Suite 100, (Mail code
OEP05-2), Boston, MA 02109--3912. Such deliveries are only accepted
during the Regional Office's normal hours of operation. The Regional
Office's official hours of business are Monday through Friday, 8:30
a.m. to 4:30 p.m., excluding legal holidays.
    Instructions: Direct your comments to Docket ID No EPA-R01-OAR-
2014-0605. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit through www.regulations.gov, or
email, information that you consider to be CBI or otherwise protected.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly to EPA without going through www.regulations.gov your
email address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on
the Internet. If you submit an electronic comment, EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy at U.S. Environmental Protection Agency, EPA New England
Regional Office, Office of Ecosystem Protection, 5 Post Office Square--
Suite 100, Boston, MA. EPA requests that if at all possible, you
contact the contact listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m.,
excluding legal holidays.
    In addition, copies of the state submittals are also available for
public inspection during normal business hours, by appointment at the
State Air Agency; Office of Air Resources, Department of Environmental
Management, 235 Promenade Street, Providence, RI 02908-5767.

FOR FURTHER INFORMATION CONTACT: Anne K. McWilliams, Air Quality Unit,
U.S. Environmental Protection Agency, EPA New England Regional Office,
5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109-
3912, telephone number<PHONE_NUMBER>, fax number<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
    Organization of this document. The following outline is provided to
aid in locating information in this preamble.

I. Background and Purpose
II. Rhode Island's SIP Revision
III. EPA's Evaluation of Rhode Island's SIP Revision
IV. Final Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. Background and Purpose

    In section 169A(a)(1) of the 1977 Amendments to the Clean Air Act
(CAA), Congress created a program for protecting visibility in the
nation's national parks and wilderness areas. This section of the CAA
establishes as a national goal the ``prevention of any future, and the
remedying of any existing, impairment of visibility in mandatory Class
I Federal areas \1\ which impairment results from manmade air
pollution.'' Congress added section 169B to the CAA in 1990 to address
regional haze issues. EPA promulgated a rule to address regional haze
on July 1, 1999 (64 FR 35714), the Regional Haze Rule. The Regional
Haze Rule revised the existing visibility regulations to integrate into
the regulation provisions addressing regional haze impairment and
established a comprehensive visibility protection program for Class I
areas.
---------------------------------------------------------------------------

    \1\ Areas designated as mandatory Class I Federal areas consist
of national parks exceeding 6000 acres, wilderness areas and
national memorial parks exceeding 5000 acres, and all international
parks that were in existence on August 7, 1977 (42 U.S.C. 7472(a)).
In accordance with section 169A of the CAA, EPA, in consultation
with the Department of Interior, promulgated a list of 156 areas
where visibility is identified as an important value (44 FR 69122,
November 30, 1979). The extent of a mandatory Class I area includes
subsequent changes in boundaries, such as park expansions (42 U.S.C.
7472(a)).
---------------------------------------------------------------------------

    On May 22, 2012, EPA approved Rhode Island's initial Regional Haze
plan into the SIP. See 77 FR 30214. As part of the Rhode Island
Regional Haze Plan, the Rhode Island Department of Environmental
Management (RI DEM) stated that it intended to adopt low-sulfur fuel
oil requirements.\2\ As discussed in our proposed approval of Rhode
Island's Regional Haze Plan, although we encouraged Rhode Island to
pursue its stated intention of adopting a low-sulfur fuel oil strategy,
this measure was not considered a necessary requirement in order to
approve Rhode Island's Regional Haze SIP for the first implementation
period. See 77 FR 11798; February 28, 2012.
---------------------------------------------------------------------------

    \2\ Sulfates play a major role in the formation of Regional Haze
in the Northeast. See the Northeast States for Coordinated Air Use
Management (NESCAUM) document Contributions to Regional Haze in the
Northeast and Mid-Atlantic United States, August 2006.
---------------------------------------------------------------------------

II. Rhode Island's SIP Revision

    On June 26, 2014, with supplemental submittals on March 25, 2015
and August 28, 2015, the RI DEM submitted a SIP revision to EPA. This
SIP revision includes Rhode Island's revised Air

Pollution Control Regulation No. 8, ``Sulfur Content of Fuels,''
(excluding Section 8.7 ``Fuel Supply Shortages'' which was not
submitted by the State) effective on June 24, 2014. The amended
regulation lowers the allowable limits for the sulfur content of
petroleum-based distillate and residual fuel oils and removes some
outdated provisions. The outdated provisions pertained to emissions
bubbling at facilities, conversion and conservation incentives for fuel
switching, and twenty-four hour averaging for demonstrating compliance
for coal burning devices. The outdated provisions are described in more
detail in the next section.

III. EPA's Evaluation of Rhode Island's SIP Revision

    RI DEM Regulation No. 8, ``Sulfur Content of Fuels,'' was
previously approved into the Rhode Island SIP on January 8, 1986. See
51 FR 755. The SIP-approved rule states that ``no person shall store
for sale, offer for sale, sell or deliver for use in Rhode Island and
no person shall use or store high sulfur fuel.'' High sulfur fuel oil
is defined in the regulation to be ``any fuel except fuel oil
containing more than 0.55 pounds of sulfur per million Btu (British
thermal unit) heat release potential or fuel oil containing more than
1.0 percent sulfur by weight.''
    The revised rule, effective June 24, 2014, states that no person
shall store for sale, offer for sale, sell or deliver for use in Rhode
Island and no person shall use any fuel oil having a sulfur content in
excess of that in the following table:

------------------------------------------------------------------------
            Fuel type              Percent by weight   Effective date(s)
------------------------------------------------------------------------
Distillate Oil, Biodiesel or      0.5% (5000 parts    Current
 Alternative Fuel.                 million (ppm)).     requirement.
Distillate Oil, Biodiesel or      0.05% (500 ppm)...  July 1, 2014
 Alternative Fuel.                                     through June 30,
                                                       2018.
Distillate Oil, Biodiesel or      0.0015% (15 ppm)..  On and after July
 Alternative Fuel.                                     1, 2018.
Residual Oil....................  1.0%..............  Current
                                                       requirement.
Residual Oil....................  0.5%..............  On and after July
                                                       1, 2018.
------------------------------------------------------------------------

    These sulfur content emission limits are more stringent than the
previously required 1% limit. In addition, the revised rule maintains
the previously SIP-approved requirement that no person shall store for
sale, offer for sale, sell or deliver for use in Rhode Island any solid
fossil fuel containing more than 0.55 pounds of sulfur per million Btu
heat release potential.
    An exemption from the requirements of Regulation No. 8 extends to
fuel used in combination with an approved stack cleaning process
provided that the emissions from the stack are no greater than if the
applicable sulfur content fuel were used, fuel used for fuel blending
with ultra-low sulfur fuel to meet the applicable standard, and fuel
oil which met the applicable requirements when received for storage in
Rhode Island.
    In addition, the revised rule does not include three flexibilities
allowed in the previously SIP-approved rule. Specifically, the
following sections are not included in the revised rule: (1) ``Emission
Bubbling,'' whereby a facility with more than one fuel burning device
could propose to meet total emission control requirements for a given
pollutant through a mix of different control technologies; (2)
``Conversion and Conservation Incentive,'' which allowed the continued
use of high sulfur fuel, for up to 30 months, for select facilities, so
that monies saved from the price differential between high sulfur fuel
and low sulfur fuel could be used to finance the necessary
modifications or installation of pollution control needed to meet the
low sulfur limits; and (3) ``Sulfur Variability in Coal,'' which
established a 24-hour averaging period for demonstrating compliance.
    The Clean Air Act (CAA) section 110(l) provides that EPA shall not
approve any implementation plan revision if it would interfere with any
applicable requirement concerning attainment and reasonable progress,
or any other applicable requirement of the CAA, i.e. demonstrate anti-
backsliding. As noted above, the revised rule contains more stringent
emission limits than the SIP-approved rule and does not include some of
the flexibilities allowed by the SIP-approved rule. Therefore, the
anti-backsliding requirements of section 110(l) have been met.
    EPA has determined that the approval of Rhode Island's revised
Regulation No. 8, effective June 24, 2014, as submitted by the State,
will strengthen the Rhode Island SIP. Therefore, EPA is approving Rhode
Island's June 26, 2014, with supplemental submittals on March 25, 2015
and August 28, 2015, SIP revision.

IV. Final Action

    EPA is approving, and incorporating into the Rhode Island SIP,
Rhode Island's revised Air Pollution Control Regulation No. 8 ``Sulfur
Content of Fuels,'' (excluding Section 8.7 ``Fuel Supply Shortages''
which was not submitted by the State) effective in the State of Rhode
Island on June 26, 2014.
    The EPA is publishing this action without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
relevant adverse comments be filed. This rule will be effective
December 7, 2015 without further notice unless the Agency receives
relevant adverse comments by November 6, 2015.
    If the EPA receives such comments, then EPA will publish a notice
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period on the proposed rule. All parties
interested in commenting on the proposed rule should do so at this
time. If no such comments are received, the public is advised that this
rule will be effective on December 7, 2015 and no further action will
be taken on the proposed rule.
    If the EPA receives such comments, then EPA will publish a notice
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period on the proposed rule. All parties
interested in commenting on the proposed rule should do so at this
time. If no such comments are received, the public is advised that this
rule will be effective on December 7, 2015 and no further action will
be taken on the proposed rule. 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.

V. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the Rhode
Island's Air Pollution Control Regulation No. 8, ``Sulfur Content of
Fuels,'' excluding Section 8.7 ``Fuel Supply Shortages,'' as described
in the amendments to 40 CFR part 52 set forth below. The EPA has made,
and will continue to make, these documents generally available
electronically through www.regulations.gov and/or in hard copy at the
appropriate EPA office (see the ADDRESSES section of this preamble for
more information).

VI. 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 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 EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the 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 December 7, 2015. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of this 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: September 21, 2015.
H. Curtis Spalding,
 Regional Administrator, EPA New England.

    Part 52 of chapter I, title 40 of the Code of Federal Regulations
is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart OO--Rhode Island

0
2. In Sec.  52.2070, the table in paragraph (c), ``EPA-Approved Rhode
Island Regulations'', is amended by revising the entry for ``Air
Pollution Control Regulation 8'' to read as follows:

Sec.  52.2070  Identification of plan.

* * * * *
    (c) * * *

                                      EPA-Approved Rhode Island Regulations
----------------------------------------------------------------------------------------------------------------
                                                             State
          State citation              Title/subject     effective date   EPA approval date       Explanations
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Air Pollution Control Regulation   Sulfur Content of         6/26/2014  10/7/2015 [Insert    Excluding Section
 8.                                 Fuels.                               Federal Register     8.7 ``Fuel Supply
                                                                         citation].           Shortages'' which
                                                                                was not submitted
                                                                                by the State.

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

* * * * *
[FR Doc. 2015-25334 Filed 10-6-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 209 (Monday, October 29, 2012)]
[Notices]
[Page 65547]
[FR Doc No: 2012-26527]

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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9747-6]

Farm, Ranch, and Rural Communities Committee

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of cancellation of teleconference.

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

SUMMARY: EPA announced in the Federal Register on October 3, 2012 [FRL-
9737-3] a Farm, Ranch, and Rural Communities Committee (FRRCC)
Teleconference to be held on October 22, 2012. Under the Federal
Advisory Committee Act, Public Law 92463, EPA gives notice of
cancellation of that public meeting for the Farm, Ranch, and Rural
Communities Committee (FRRCC). The FRRCC provides policy advice,
information, and recommendations to the EPA Administrator on a range of
environmental issues and policies that are of importance to agriculture
and rural communities. The purpose of this teleconference was to
discuss specific topics of relevance for consideration by the Committee
in order to provide advice and insights to the Agency on environmental
policies and programs that affect and engage agriculture and rural
communities.

FOR FURTHER INFORMATION CONTACT: Alicia Kaiser, Designated Federal
Officer<EMAIL_ADDRESS>202-564-7273, U.S. EPA, Office of the
Administrator (1101A), 1200 Pennsylvania Avenue NW., Washington, DC
20460.

    Dated: October 17, 2012.
Alicia Kaiser,
Designated Federal Officer.
[FR Doc. 2012-26527 Filed 10-26-12; 8:45 am]
BILLING CODE 6560-50-P