[Federal Register Volume 80, Number 245 (Tuesday, December 22, 2015)]
[Notices]
[Pages 79586-79587]
[FR Doc No: 2015-32127]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP16-28-000]

National Fuel Gas Supply Corporation; Notice of Application

    Take notice that on December 3, 2015, National Fuel Gas Supply
Corporation (National Fuel), 6363 Main Street, Williamsville, New York
14221, filed in the above referenced docket an application pursuant to
sections 7(b) and 7(c) of the Natural Gas Act (NGA), and Part 157 of
the Commission's regulations requesting authorization for the
construction and operation of new Line QP and permission to abandon the
Queen Storage Field, including the base gas in the field, the Queen
Compressor

Station, and a segment of Line Q, all located in Forest and Warren
Counties, Pennsylvania, as more fully set forth in the application
which is on file with the Commission and open to public inspection. The
filing is available for review at the Commission in the Public
Reference Room or may be viewed on the Commission's Web site at http://www.ferc.gov using the ``eLibrary'' link. Enter the docket number
excluding the last three digits in the docket number field to access
the document. For assistance, contact FERC at
<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TYY,
(202) 502-8659.
    Any questions concerning this application may be directed to David
W. Reitz, Deputy General Counsel for National Fuel, 6363 Main Street,
Williamsville, New York 14221; by calling<PHONE_NUMBER>; by faxing
(716) 857-7206; or by emailing<EMAIL_ADDRESS>    Specifically, National Fuel proposes to abandon by sale all of the
facilities comprising its Queen Storage Field, including an
approximately 5.5 mile segment of its Line Q. These facilities are
proposed to be sold to EmKey Gathering LLC which plans to operate them
as part of its non-jurisdictional gathering facilities. In order to
maintain service to existing utility customers, National Fuel seeks
authorization to construct and operate approximately 5 miles of new 4-
inch diameter plastic pipe traversing along or adjacent to the existing
Line Q right-of-way.
    Pursuant to section 157.9 of the Commission's rules (18 CFR 157.9),
within 90 days of this Notice, the Commission staff will either:
Complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and state agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below file with the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit seven copies of filings made in the proceeding with the
Commission and must mail a copy to the applicant and to every other
party. Only parties to the proceeding can ask for court review of
Commission orders in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commentors will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commentors will not be required to serve copies of filed
documents on all other parties. However, the non-party commentors will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically should
submit an original and 7 copies of the protest or intervention to the
Federal Energy regulatory Commission, 888 First Street NE., Washington,
DC 20426.
    Comment Date: 5:00 p.m. Eastern Time on January 6, 2016.

    Dated: December 16, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-32127 Filed 12-21-15; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: October 17, 2008 (Volume 73, Number 202)]
[Notices]
[Page 61852]
[DOCID:fr17oc08-74]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. ER96-1947-023 Docket Nos. ER96-1947-023 ER07-1000-002
ER02-1052-009]

LS Power Marketing, LLC, Las Vegas Power Company, West Georgia
Generating Company, LLC; Notice of Filing

October 9, 2008.
    Take notice that on June 30, 2008, LS Power Marketing, LLC; Las
Vegas Power Company, and West Georgia Generating Company, LLC
(collectively LS MBR Sellers) submit for filing a letter notifying the
Commission that it will not be filing an updated power analysis for the
Northeast Region, because none of the LS MBR Sellers own or control
electric generation facilities or makes sales in the Northeast Region.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant and all the parties in this proceeding.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on October 20, 2008.

Kimberly D. Bose,
Secretary.
 [FR Doc. E8-24708 Filed 10-16-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 156 (Tuesday, August 13, 2013)]
[Notices]
[Page 49307]
[FR Doc No: 2013-19512]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.

Extension:
    Regulation C;
    OMB Control No. 3235-0074, SEC File No. 270-68.

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the collection of
information summarized below. The Commission plans to submit this
existing collection of information to the Office of Management and
Budget for extension and approval.
    Regulation C (17 CFR 230.400 through 230.498) under the Securities
Act of 1933 (15 U.S.C. 77a et seq.) provides standard instructions for
persons filing registration statements under the Securities Act. The
information collected is intended to ensure the adequacy of information
available to investors. Regulation C is assigned one burden hour for
administrative convenience because the regulation simply prescribes the
disclosure that must appear in other filings under the federal
securities laws.
    Written comments are invited on: (a) Whether this proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (b) the accuracy of the agency's estimate of
the burden imposed by the collection of information; (c) ways to
enhance the quality, utility, and clarity of the information collected;
and (d) ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid control number.
    Please direct your written comment to Thomas Bayer, Director/Chief
Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 100 F Street NE., Washington, DC 20549 or send an email
to<EMAIL_ADDRESS>
    August 7, 2013.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-19512 Filed 8-12-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 90 (Monday, May 11, 2015)]
[Notices]
[Pages 26922-26923]
[FR Doc No: 2015-11282]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP15-956-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Section 4(d) rate filing per 154.204: Rate Case-
Related Amendments to Neg Rate and Non-conforming Agmts to be effective
5/1/2015.
    Filed Date: 5/1/15.
    Accession Number: 20150501-5107.
    Comments Due: 5 p.m. ET 5/13/15.

    Docket Numbers: RP15-957-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Section 4(d) rate filing per 154.204: Cap Rel Neg Rate
Agmt (PH 41448 to Texla 44584) to be effective 5/1/2015.
    Filed Date: 5/1/15.
    Accession Number: 20150501-5108.
    Comments Due: 5 p.m. ET 5/13/15.

    Docket Numbers: RP15-958-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Section 4(d) rate filing per 154.204: Cap Rel Neg Rate
Agmt (Encana 37663 to BP 44594) to be effective 5/1/2015.
    Filed Date: 5/1/15.
    Accession Number: 20150501-5111.
    Comments Due: 5 p.m. ET 5/13/15.

    Docket Numbers: RP15-959-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Section 4(d) rate filing per 154.204: Cap Rel Neg Rate
Agmt (Willmut 35221 to BP 44595) to be effective 5/1/2015.
    Filed Date: 5/1/15.
    Accession Number: 20150501-5116.
    Comments Due: 5 p.m. ET 5/13/15.

    Docket Numbers: RP15-960-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Section 4(d) rate filing per 154.204: Cap Rel Neg Rate
Agmt (QEP 37657 to Trans LA 44614) to be effective 5/1/2015.
    Filed Date: 5/1/15.
    Accession Number: 20150501-5120.
    Comments Due: 5 p.m. ET 5/13/15.

    Docket Numbers: RP15-961-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Section 4(d) rate filing per 154.204: Cap Rel Neg Rate
Agmt (CenterPoint 35484 to BP 44642) to be effective 5/1/2015.
    Filed Date: 5/1/15.
    Accession Number: 20150501-5123.
    Comments Due: 5 p.m. ET 5/13/15.

    Docket Numbers: RP15-962-000.
    Applicants: Rockies Express Pipeline LLC.
    Description: Section 4(d) rate filing per 154.204: Neg Rate 2015-
05-01 ITs Sequent, BP, Exelon, Mieco, Tenaska to be effective 5/1/2015.
    Filed Date: 5/1/15.
    Accession Number: 20150501-5232.
    Comments Due: 5 p.m. ET 5/13/15.

    Docket Numbers: RP15-963-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Section 4(d) rate filing per 154.204: Cap Rel Neg Rate
Agmt (CenterPoint 44554 to BP 44651) to be effective 5/1/2015.

    Filed Date: 5/1/15.
    Accession Number: 20150501-5267.
    Comments Due: 5 p.m. ET 5/13/15.

    Docket Numbers: RP15-964-000.
    Applicants: Rockies Express Pipeline LLC.
    Description: Section 4(d) rate filing per 154.204: Neg Rage 2015-
05-01 Ultra, Encana, CP to be effective 5/1/2015.
    Filed Date: 5/1/15.
    Accession Number: 20150501-5282.
    Comments Due: 5 p.m. ET 5/13/15.

    Docket Numbers: RP15-965-000.
    Applicants: Southeast Supply Header, LLC.
    Description: Section 4(d) rate filing per 154.403(d)(2): 2015 TUP/
SBA Annual Filing to be effective 6/1/2015.
    Filed Date: 5/1/15.
    Accession Number: 20150501-5388.
    Comments Due: 5 p.m. ET 5/13/15.

    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.

Filings in Existing Proceedings

    Docket Numbers: RP13-584-003.
    Applicants: Columbia Gas Transmission, LLC.
    Description: Compliance filing per 154.203: Revenue Sharing Report
2015.
    Filed Date: 5/1/15.
    Accession Number: 20150501-5141.
    Comments Due: 5 p.m. ET 5/13/15.

    Any person desiring to protest in any of the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR 385.211) on or before 5:00 p.m. Eastern time on the specified
comment date.
    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: May 4, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015-11282 Filed 5-8-15; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: August 17, 2010 (Volume 75, Number 158)]
[Rules and Regulations]
[Page 50694-50695]
[DOCID:fr17au10-3]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-0902; Airspace Docket No. 09-ANM-16]

Modification of Class E Airspace; Astoria, OR

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action will amend Class E airspace at Astoria, OR, to
accommodate aircraft using a new Area Navigation (RNAV) Global
Positioning System (GPS) Standard Instrument Approach Procedure (SIAP)
at Astoria Regional Airport. This will improve the safety and
management of Instrument Flight Rules (IFR) operations at the airport.
This action also will correct the airport name from Port of Astoria
Airport, and makes minor adjustments to the legal description of the
airspace.

DATES: Effective date, 0901 UTC, November 18, 2010. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR Part 51, subject to the annual revision of FAA Order 7400.9 and
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Eldon Taylor, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue, SW., Renton, WA 98057; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    On November 13, 2009, the FAA published in the Federal Register a
notice of proposed rulemaking to amend controlled airspace at Astoria,
OR (74 FR 58573). Interested parties were invited to participate in
this rulemaking effort by submitting written comments on the proposal
to the FAA. No comments were received.
    Class E airspace designations are published in paragraph 6002 and
6005, respectively, of FAA Order 7400.9T signed August 27, 2009, and
effective September 15, 2009, which is incorporated by reference in 14
CFR Part 71.1. The Class E airspace designations listed in this
document will be published subsequently in that Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
Part 71 by amending Class E surface airspace, and adding additional
Class E airspace extending upward from 700 feet above the surface, at
Astoria Regional Airport, to accommodate IFR aircraft executing new
RNAV GPS SIAP at the airport. This action is necessary for the safety
and management of IFR operations. This action also makes a minor
correction to the legal description for Class E airspace extending
upward from 700 feet above the surface to coincide with the FAA's
National Aeronautical Navigation Services, and corrects the airport
name from Port of Astoria Airport to Astoria Regional Airport.
    The FAA has determined this regulation only involves an established
body of technical regulations for which frequent and routine amendments
are necessary to keep them operationally current. Therefore, this
regulation: (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not

a ``significant rule'' under DOT Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3) does not warrant preparation of a
regulatory evaluation as the anticipated impact is so minimal. Since
this is a routine matter that will only affect air traffic procedures
and air navigation, it is certified this rule, when promulgated, will
not have a significant economic impact on a substantial number of small
entities under the criteria of the Regulatory Flexibility Act. The
FAA's authority to issue rules regarding aviation safety is found in
Title 49 of the U.S. Code. Subtitle 1, Section 106 discusses the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the agency's authority. This
rulemaking is promulgated under the authority described in Subtitle
VII, Part A, Subpart I, Section 40103. Under that section, the FAA is
charged with prescribing regulations to assign the use of airspace
necessary to ensure the safety of aircraft and the efficient use of
airspace. This regulation is within the scope of that authority as it
establishes additional controlled airspace at Astoria Regional Airport,
Astoria, OR.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

0
In consideration of the foregoing, the Federal Aviation Administration
amends 14 CFR Part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR Part 71 continues to read as
follows:

    Authority:  49 U.S.C. 106(g), 40103, 40113, 40120; E. O. 10854,
24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR Part 71.1 of the Federal
Aviation Administration Order 7400.9T, Airspace Designations and
Reporting Points, signed August 27, 2009, and effective September 15,
2009 is amended as follows:

Paragraph 6002 Class E airspace designated as surface areas.

* * * * *

ANM OR E2 Astoria, OR [Modified]

Astoria Regional Airport, Astoria, OR
    (Lat. 46[deg]09[min]29[sec] N., long. 123[deg]52[min]43[sec] W.)
Camp Rilea Heliport
    (Lat. 46[deg]06[min]59[sec] N., long. 123[deg]55[min]54[sec] W.)

    Within a 4-mile radius of the Astoria Regional Airport, and
within 1.8 miles each side of the Astoria Regional Airport 268[deg]
bearing extending from the 4-mile radius to 7 miles west of the
Astoria Regional Airport, and within 1.8 miles each side of the
Astoria Regional Airport 095[deg] bearing extending from the 4-mile
radius to 12.1 miles east of the Astoria Regional Airport, excluding
the airspace within a wedge south of Camp Rilea Heliport, from the
120[deg] bearing clockwise to the 225[deg] bearing of the Camp Rilea
Heliport. This Class E airspace area is effective during the dates
and times established in advance by a Notice to Airmen. The
effective date and time will thereafter be continuously published in
the Airport/Facility Directory.

Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface of the earth.

* * * * *

ANM OR E5 Astoria, OR [Modified]

Astoria Regional Airport, Astoria, OR
    (Lat. 46[deg]09[min]29[sec] N., long. 123[deg]52[min]43[sec] W.)
Seaside Municipal Airport
    (Lat. 46[deg]00[min]54[sec] N., long. 123[deg]54[min]28[sec] W.)

    That airspace extending from 700 feet above the surface within a
6.5-mile radius of Astoria Regional Airport, within 4 miles north
and 8.3 miles south of the Astoria Regional Airport 268[deg] bearing
extending from the 6.5-mile radius to 15.9 miles west of Astoria
Regional Airport, excluding the portion within a 1.8-mile radius of
Seaside Municipal Airport; and within 4 miles northeast and 8.3
miles southwest of the Astoria Regional Airport 326[deg] bearing
extending from the 6.5-mile radius to 21.4 miles northwest of
Astoria Regional Airport; and within 4 miles north and 4 miles south
of the Astoria Regional Airport 096[deg] bearing extending from the
6.5-mile radius to 12 miles east, and 8.3 miles north and 4 miles
south of the Astoria Regional Airport 096[deg] bearing from 12 miles
east, to 28.3 miles east of Astoria Regional Airport; and within a
15.9-mile radius of Astoria Regional Airport extending clockwise
from the 326[deg] bearing to the 347[deg] bearing; and within a
23.1-mile radius of Astoria Regional Airport extending clockwise
from the 347[deg] bearing to the 039[deg] bearing extending from the
15.9-mile radius to a 23.1-mile radius of Astoria Regional Airport
extending clockwise from the airport 039[deg] bearing to the airport
185[deg] bearing.

    Issued in Seattle, Washington, on August 9, 2010.
Lori Andriesen,
Acting Manager, Operations Support Group, Western Service Center.
[FR Doc. 2010-20215 Filed 8-16-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 206 (Thursday, October 28, 2021)]
[Notices]
[Pages 59774-59776]
[FR Doc No: 2021-23532]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-93416; File No. SR-NYSE-2021-61]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend NYSE Rule 7.31

October 25, 2021.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on October 13, 2021, New York Stock Exchange LLC (``NYSE''
or the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I
and II below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend NYSE Rule 7.31 to establish a
minimum dollar threshold into its rule for Limit Order Price
Protection. The proposed rule change is available on the Exchange's
website at www.nyse.com, at the principal office of the Exchange, and
at the Commission's Public Reference Room.

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

    In its filing with the Commission, the self-regulatory organization
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 those 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 parts of such statements.

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

1. Purpose
    The Exchange proposes to amend NYSE Rule 7.31 (Orders and
Modifiers) to establish a minimum dollar threshold in its rule for
Limit Order Price Protection.
    Rule 7.31(a)(2)(B) (``Limit Order Price Protection'') describes the
price protection mechanism for Limit Orders. Currently, the rule
provides that a Limit Order to buy (sell) will be rejected if it is
priced at or above (below) a specified percentage away from the
National Best Offer (National Best Bid) (``NBO'' and ``NBB,''
respectively).\4\
---------------------------------------------------------------------------

    \4\ For securities with a reference price between $0.00 and
$25.00, the specified percentage is 10%; for securities with a
reference price between $25.01 and $50.00, the specified percentage
is 5%; and for securities with a reference price greater than
$50.00, the specified percentage is 3%.
---------------------------------------------------------------------------

    The Exchange proposes to amend Rule 7.31(a)(2)(B) to introduce a
minimum dollar threshold of $0.15 into the Limit Order Price Protection
calculation for lower-priced securities. Accordingly, the proposed rule
would provide that a Limit Order to buy (sell) would be rejected if it
was priced at or above (below) the greater of $0.15 or a specified
percentage away from the NBO (NBB).
    The Exchange believes that the introduction of this minimum dollar
threshold would enhance the Limit Order Price Protection mechanism for
securities with a reference price below $1.50 because using the current
10% multiplier for such securities would result in too narrow of a
price protection mechanism. Thus, the proposed rule change would
encourage price continuity, specifically in lower-priced illiquid
securities.
    This proposed minimum dollar threshold of $0.15 is the same minimum
dollar threshold that currently exists in the Limit Order Price
Protection rules of the Exchange's affiliate exchanges NYSE American
LLC (``NYSE American''), NYSE Arca, Inc. (``NYSE Arca''), NYSE Chicago,
Inc. (``NYSE Chicago''), and NYSE National, Inc (``NYSE National'').\5\
---------------------------------------------------------------------------

    \5\ See NYSE American Rule 7.31E(a)(2)(B); NYSE Arca Rule 7.31-
E(a)(2)(B); NYSE Chicago Rule 7.31(a)(2)(B); and NYSE National Rule
7.31(a)(2)(B). See also Securities Exchange Act Release Nos. 81943
(October 25, 2017), 82 FR 50475 (October 31, 2017) (SR-NYSAMER-2017-
25) (adding $0.15 minimum dollar threshold to Limit Order Price
Protection in NYSE American Rule 7.31E(a)(2)(B)); 82004 (November 2,
2017), 82 FR 51890 (November 8, 2017) (SR-NYSEArca-2017-126) (adding
same to NYSE Arca Rule 7.31-E(a)(2)(B)); 87264 (October 9, 2019), 84
FR 55345 (October 16, 2019) (SR-NYSECHX-2019-08) (regarding NYSE
Chicago Rule 7.31(a)(2)(B)); 83289 (May 17, 2018), 83 FR 23968 (May
23, 2018) (SR-NYSENAT-2018-02) (regarding NYSE National Rule
7.31(a)(2)(B)).

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

Implementation
    The Exchange anticipates implementing the proposed change in
November 2021 and will announce the timing of such changes by Trader
Update.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\6\ in general, and with Section
6(b)(5),\7\ in particular, because it is designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in facilitating transactions in securities, to remove
impediments to and perfect the mechanism of a free and open market and
a national market system, and, in general, to protect investors and the
public interest.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed change adding a $0.15
minimum price threshold to Rule 7.31(a)(2)(B) would remove impediments
to and perfect the mechanism of a free and open market and a national
market system, and in general, protect investors and the public
interest, because the proposed change is based on the Limit Order Price
Protection rules currently in effect on NYSE American, NYSE Arca, NYSE
Chicago, and NYSE National, and therefore is not novel.\8\ The Exchange
further believes that the proposed change would enhance the Exchange's
Limit Order Price Protection mechanism, which protects from aberrant
prices, thus improving continuous trading and price discovery. In
addition, the proposal to enhance Limit Order Price Protection by
adding a minimum dollar threshold would assist with the maintenance of
fair and orderly markets because such mechanisms protect investors from
potentially receiving executions away from the prevailing market prices
at any given time.
---------------------------------------------------------------------------

    \8\ See supra note 4.
---------------------------------------------------------------------------

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

    The Exchange believes that the proposed rule change will not impose
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. The proposed rule change is not
intended to address competitive issues but rather would provide for a
more effective Limit Order Price Protection mechanism, specifically for
lower-priced securities.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \9\ and Rule 19b-
4(f)(6) thereunder.\10\
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b 4(f)(6). In addition, Rule 19b 4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \11\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\12\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay to allow the
Exchange to make the proposed enhancement to its Limit Order Price
Protection mechanism when the technology associated with this proposed
change is available, which is anticipated to be less than 30 days from
the date of this filing.
---------------------------------------------------------------------------

    \11\ 17 CFR 240.19b-4(f)(6).
    \12\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    The Exchange represents that the proposed change would assist with
the maintenance of fair and orderly markets by protecting investors
from potentially receiving executions away from the prevailing market
prices at any given time. And the Commission notes that the proposed
minimum dollar threshold is the same minimum dollar threshold that
currently exists in the Limit Order Price Protection rules of the
Exchange's affiliate exchanges.\13\ The Commission therefore believes
that waiver of the 30-day operative delay is consistent with the
protection of investors and the public interest. Accordingly, the
Commission waives the 30-day operative delay and designates the
proposal operative upon filing.\14\
---------------------------------------------------------------------------

    \13\ See supra note 5 and accompanying text.
    \14\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such 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 shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-NYSE-2021-61 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-NYSE-2021-61. 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-
NYSE-2021-61, and should be submitted on or before November 18, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-23532 Filed 10-27-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: March 8, 2006 (Volume 71, Number 45)]
[Notices]
[Page 11626-11627]
[DOCID:fr08mr06-84]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2006-0070; FRL-7763-8]

Experimental Use Permit; Receipt of Application

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces receipt of an application 72821-EUP-1
from BHN Research requesting an experimental use permit (EUP) for the
plant-incorporated protectant Bacillus thuringiensis subsp kurstaki
(Cry1A(c)) in tomatoes. The Agency has determined that the application
may be of regional and national significance. Therefore, in accordance
with 40 CFR 172.11(a), the Agency is soliciting comments on this
application.

DATES: Comments must be received on or before April 7, 2006.

ADDRESSES:  Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2006-0070, by one of the following methods:
     http://www.regulations.gov. Follow the on-line

instructions for submitting comments.
     Mail: Public Information and Records Integrity Branch
(PIRIB) (7502C), Office of Pesticide Programs (OPP), Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001.
     Hand Delivery: Public Information and Records Integrity
Branch (PIRIB) (7502C), Office of Pesticide Programs (OPP),
Environmental Protection Agency, Rm. 119, Crystal Mall 2, 1801
S. Bell St., Arlington, VA, Attention: Docket ID number EPA-HQ-OPP-
2006-0070. The docket facility is open from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal holidays. The telephone number for the
docket facility is<PHONE_NUMBER>. Such deliveries are only accepted
during the Docket's normal hours of operation, and special arrangements
should be made for deliveries of boxed information.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2006-0070. EPA's policy is that all comments received will be included
in the public docket without change and may be made available on-line
at http://www.regulations.gov, including any personal information

provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website 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 e-
mail comment directly to EPA without going through regulations.gov your
e-mail address will be captured automatically 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. For additional
information about EPA's public docket, visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/docket.htm.

    Docket: All documents in the docket are listed in the
regulations.gov index. Although listed in the index, some information
is not publicly available, e.g., CBI or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
at http://www.regulations.gov/ or in hard copy at the Public

Information and Records Integrity Branch (PIRIB) (7502C), Office of
Pesticide Programs (OPP), Environmental Protection Agency, Rm. 119,
Crystal Mall 2, 1801 S. Bell St., Arlington, VA. The docket
facility is open from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The telephone number for the docket facility
is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Leonard Cole, Biopesticides and
Pollution Prevention Division (7511C), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; e-mail
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general. This action may,
however, be of interest to those persons who are interested in
agricultural biotechnology or may be required to conduct testing of
chemical substances under the Federal Food, Drug, and Cosmetics Act
(FFDCA) or the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA). Since other entities may also be interested, the Agency has
not attempted to describe all the specific entities that may be
affected by this action. If you have any questions regarding the
applicability of this action to a particular entity, consult the person
listed under FOR FURTHER INFORMATION CONTACT.

B. What Should I Consider as I Prepare My Comments for EPA?

     1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI). In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.

    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. Background

    BHN has applied to amend/extend 72821-EUP-1 for tomato plants
expressing Bacillus thuringiensis subsp kurstaki (Cry1A(c)) protein to
allow the planting of 500 acres of tomatoes in the following States:
California, Florida, Georgia, Illinois, Missouri, Puerto Rico, and
Virginia.

III. What Action is the Agency Taking?

    Following the review of the BHN Research application and any
comments and data received in response to this notice, EPA will decide
whether to issue or deny the EUP request for this EUP program, and if
issued, the conditions under which it is to be conducted. Any issuance
of an EUP will be announced in the Federal Register.

IV. What is the Agency's Authority for Taking this Action?

    The specific legal authority for EPA to take this action is under
FIFRA section 5.

List of Subjects

    Environmental protection, Experimental use permits.

    Dated: March 1, 2006.
Janet L. Andersen,
Director, Biopesticides and Pollution Prevention Division, Office of
Pesticide Programs.

[FR Doc. E6-3282 Filed 3-7-06; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register: March 20, 2008 (Volume 73, Number 55)]
[Notices]
[Page 14979-14981]
[DOCID:fr20mr08-38]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP08-66-000]

Petal Gas Storage, L.L.C.: Notice of Intent To Prepare an
Environmental Assessment for the Proposed Petal No. 3 Compressor
Station Expansion and New Caverns Project, and Request for Comments on
Environmental Issues

March 13, 2008.
    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental assessment (EA) that will
discuss the potential environmental impacts of the Petal No. 3
Compressor Station Expansion and New Caverns Project, involving
construction and operation of natural gas pipeline facilities by Petal
Gas Storage, L.L.C. (Petal) in Forrest County, Mississippi. The EA will
be used by the Commission in its decisionmaking process to determine
whether the project is in the public convenience and necessity.
    This notice announces the opening of the scoping process the
Commission will use to gather input from the public and interested
agencies on the project. Your input will help determine which issues
need to be evaluated in the EA. Please note that the scoping period
will close on April 14, 2008. Details on how to submit comments are
provided in the Public Participation section of this notice.
    This notice is being sent to affected landowners; federal, state,
and local government agencies; elected officials; Native American
tribes; other interested parties; and local libraries and newspapers.
State and local government representatives are asked to notify their
constituents of this proposed project and to encourage them to comment
on their areas of concern.
    A fact sheet prepared by the FERC entitled ``An Interstate Natural
Gas Facility On My Land? What Do I Need To Know?'' addresses a number
of typically asked questions, including the use of eminent domain and
how to participate in the Commission's proceedings. It is available for
viewing on the FERC Internet Web site (http://www.ferc.gov).

Summary of the Proposed Project

    Petal proposes to expand its gas storage operations at the existing
Petal Storage Facility east of Hattiesburg, Mississippi. The expansion
would include construction of two new salt dome storage caverns; three
new compressor units, totaling 15,000 horsepower, at the existing Petal
No. 3 Compressor Station; an additional compressor station control
room; about 2,500 feet of 16-inch-diameter connecting pipeline; and
about 5,100 to 6,200 feet of 24-inch-diameter freshwater and brine
pipelines. The proposal would increase the overall capacity of Petal's
storage operations by about 19 billion cubic feet (Bcf) of natural gas
(10 Bcf working gas and 9 Bcf cushion gas).
    The general location of the proposed facilities is shown in
appendix 1.\1\
---------------------------------------------------------------------------

    \1\ The appendices referenced in this notice are not being
printed in the Federal Register. Copies of all appendices are
available on the Commission's Web site (http://www.ferc.gov) at the
``eLibrary'' link or from the Commission's Public Reference Room,
888 First Street, NE., Washington, DC 20426, or call<PHONE_NUMBER>.
For instructions on connecting to eLibrary, refer to the
``Additional Information'' section of this notice. Copies of the
appendices were sent to all those receiving this notice in the mail.
Requests for detailed maps of the proposed facilities should be made
directly to Petal.
---------------------------------------------------------------------------

Land Requirements for Construction

    Construction of the project would affect about 17.1 acres of land,
including the pipeline construction rights-of-way, the cavern well
sites, and access roads. The compressor station expansion would take
place within the existing Petal No. 3 Compressor Station building.
Following construction, about 3.2 acres of land would be permanently
maintained for operation and maintenance of the proposed facilities.
All construction would take place on land owned by Petal.

The EA Process

    We \2\ are preparing this EA to comply with the National
Environmental Policy Act of 1969 (NEPA), which requires the Commission
to take into account the environmental impact that could result if it
authorizes Petal's proposal. By this notice, we are also asking
federal, state, and local agencies with jurisdiction and/or special
expertise with respect to environmental issues to formally cooperate
with us in the preparation of the EA. Agencies that would like to
request cooperating status should follow the instructions for filing
comments provided below.
---------------------------------------------------------------------------

    \2\ ``We'', ``us'', and ``our'' refer to the environmental staff
of the FERC's Office of Energy Projects.
---------------------------------------------------------------------------

    NEPA also requires the FERC to discover and address concerns the
public may have about proposals. This process is referred to as
``scoping.'' The main goal of the scoping process is to focus the
analysis in the EA on important environmental issues. By this Notice,
we are requesting public comments on the scope of the issues to address
in the EA. All comments received are considered during the preparation
of the EA.
    The EA will discuss impacts that could occur as a result of the
construction and operation of the proposed project under these general
headings:
     Geology and soils
     Water resources and wetlands
     Land use
     Cultural resources
     Vegetation and wildlife (including threatened and
endangered species)
     Air quality and noise
     Reliability and safety
    We will also evaluate possible alternatives to the proposed project
or portions of the project, where necessary, and make recommendations
on how to lessen or avoid impacts on the various resource areas.
    Our independent analysis of the issues will be presented in the EA.
Depending on the comments received during the scoping process, the EA
may be published and mailed to federal, state, and local agencies;
public interest groups; interested individuals; affected landowners;
local libraries and newspapers; and the Commission's official service
list for this proceeding. A comment period will be allotted for review
if the EA is published. We will consider all comments on the EA before
we make our recommendations to the Commission.
    To ensure your comments are considered, please carefully follow the
instructions in the Public Participation section below.

Public Participation

    You can make a difference by providing us with your specific
comments or concerns about the project. By becoming a commentor, your
concerns will be addressed in the EA and considered by the Commission.
You should focus on the potential environmental effects of the proposal
and measures to avoid or lessen environmental impact.
    The more specific your comments, the more useful they will be.
Please carefully follow these instructions to ensure that your comments
are received in time and properly recorded:
     Send an original and two copies of your letter to:
Kimberley D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First St., NE., Room 1A, Washington, DC 20426;
     Label one copy of the comments for the attention of Gas
Branch 1, PJ-11.1;
     Reference Docket No. CP08-66-000; and
     Mail your comments so that they will be received in
Washington, DC on or before April 14, 2008.
    The Commission encourages electronic filing of comments. See Title
18 of the Code of Federal Regulations, Part 385.2001(a)(1)(iii) and the
instructions on the Commission's Internet Web site at http://
www.ferc.gov under the ``eFiling'' link and the link to the User's
Guide. Prepare your submission in the same manner as you would if
filing on paper and save it to a file on your hard drive. Before you
can file comments you will need to create an account by clicking on
``Login to File'' and then ``New User Account.'' You will be asked to
select the type of filing you are making. This filing is considered a
``Comment on Filing.'' In addition, there is a ``Quick Comment'' option
available, which is an easy method for interested persons to submit
text only comments on a project. The Quick-Comment User Guide can be
viewed at http://www.ferc.gov/docs-filing/efiling/quick-comment-
guide.pdf. Quick Comment does not require a FERC eRegistration account;
however, you will be asked to provide a valid email address. All
comments submitted under either eFiling or the Quick Comment option are
placed in the public record for the specified docket.

Becoming an Intervenor

    In addition to involvement in the scoping process, you may want to
become an official party to the proceeding known as an ``intervenor.''
Intervenors play a more formal role in the Commission's process. Among
other things, intervenors have the right to receive copies of case-
related Commission documents and filings by other intervenors.
Likewise, each intervenor must send one electronic copy (using the
Commission's eFiling system) or 14 paper copies of its filings to the
Secretary of the Commission and must send a copy of its filings to all
other parties on the Commission's service list for this proceeding. If
you want to become an intervenor, you must file a motion to intervene
according to Rule 214 of the Commission's Rules of Practice and
Procedure (18 CFR 385.214) (see appendix 2) \3\. Only intervenors have
the right to seek rehearing of the Commission's decision.
---------------------------------------------------------------------------

    \3\ Interventions may also be filed electronically via the
Internet in lieu of paper. See the previous discussion on filing
comments electronically.
---------------------------------------------------------------------------

    Affected landowners and parties with environmental concerns may be
granted intervenor status upon showing good cause by stating that they
have a clear and direct interest in this proceeding which would not be
adequately represented by any other parties. You do not need intervenor
status to have your environmental comments considered.

Environmental Mailing List

    As described above, we may mail the EA for comment. If you are
interested in receiving an EA for review and/or comment, please return
the Environmental Mailing List Mailer (appendix 3). If you do not
return the Environmental Mailing List Mailer, you will be taken off the
mailing list. All individuals who provide written comments will remain
on our environmental mailing list for this project.

Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs, at 1-866-208-FERC or on the
FERC Internet Web site (http://www.ferc.gov) using the ``eLibrary''
link. Click on the eLibrary link, then on ``General Search'' and enter
the docket number excluding the last three digits in the Docket Number
field. Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at 1-866-208-3676, or for TTY,
contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    In addition, the Commission now offers a free service called
eSubscription

which allows you to keep track of all formal issuances and submittals
in specific dockets. This can reduce the amount of time you spend
researching proceedings by automatically providing you with
notification of these filings, document summaries and direct links to
the documents. Go to http://www.ferc.gov/esubscribenow.htm.
    Finally, public meetings or site visits will be posted on the
Commission's calendar located at http://www.ferc.gov/EventCalendar/
EventsList.aspx along with other related information.

Kimberly D. Bose,
Secretary.
 [FR Doc. E8-5596 Filed 3-19-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 198 (Friday, October 14, 2022)]
[Proposed Rules]
[Pages 62337-62341]
[FR Doc No: 2022-21910]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2022-0503; FRL-9936-01-R9]

Air Plan Approval; California; Innovative Clean Transit
Regulation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a revision to the California State Implementation Plan (SIP)
concerning particulate matter (PM) and oxides of nitrogen
(NOX) emissions from public transit buses. We are proposing
to approve State rules that regulate these emission sources under the
Clean Air Act (CAA or the Act). We are taking comments on this proposal
and plan to follow with a final action.

DATES: Comments must be received on or before November 14, 2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2022-0503 at https://www.regulations.gov. For comments submitted at
Regulations.gov, follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e., on the web, cloud, or other file sharing system). For
additional submission methods, please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section. For the full EPA public
comment policy, information about CBI or multimedia submissions, and
general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets. If you need assistance in a
language other than English or if you are a person with disabilities
who needs a reasonable accommodation at no cost to you, please contact
the person identified in the FOR FURTHER INFORMATION CONTACT section.

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

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

Table of Contents

I. The State's Submission
    A. What rules did the State submit?
    B. Are there other versions of these rules?
    C. What is the purpose of the submitted rules?
    D. What requirements does the regulation establish?
II. The EPA's Evaluation and Action
    A. How is the EPA evaluating the regulation?
    B. Does the regulation meet the evaluation criteria?
    C. The EPA's Recommendations To Further Improve the Rules
    D. Public Comment and Proposed Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. The State's Submission

A. What rules did the State submit?

    On December 14, 2018, the California Air Resources Board (CARB)
adopted a set of rules referred to as the Innovative Clean Transit
(ICT) regulation. On August 13, 2019, the California Office of
Administrative Law (OAL) approved the ICT regulation, effective October
1, 2019. On February 13, 2020, CARB submitted the ICT regulation to the
EPA as a revision to the California SIP.\1\ Table 1 lists the specific
sections of Title 13, Division 3, Chapter 1, Article 4.3 of the
California Code of Regulations (CCR) that comprise the ICT regulation.
---------------------------------------------------------------------------

    \1\ CARB submitted the ICT Regulation electronically to the EPA
on February 13, 2020 as an attachment to a letter dated February 12,
2020.

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
                                                                                State        Submission
           Agency                 Section No. 13 CCR            Rule title        effective date       date
----------------------------------------------------------------------------------------------------------------
CARB.......................  2023.......................  Innovative Clean            10/01/2019      02/13/2020
                                                           Transit Regulations
                                                           Applicability and
                                                           Scope.
CARB.......................  2023.1.....................  Zero-Emission Bus           10/01/2019      02/13/2020
                                                           Requirements.
CARB.......................  2023.2.....................  Compliance Option for       10/01/2019      02/13/2020
                                                           Joint Zero-Emission
                                                           Bus Groups.
CARB.......................  2023.3.....................  Zero-Emission Bus           10/01/2019      02/13/2020
                                                           Bonus Credits.
CARB.......................  2023.4.....................  Provisions for              10/01/2019      02/13/2020
                                                           Exemption of a Zero-
                                                           Emission Bus Purchase.
CARB.......................  2023.5.....................  Zero-Emission Mobility      10/01/2019      02/13/2020
                                                           Option.
CARB.......................  2023.6.....................  Low-NOX Engine              10/01/2019      02/13/2020
                                                           Purchase Requirements.
CARB.......................  2023.7.....................  Requirements to Use         10/01/2019      02/13/2020
                                                           Renewable Fuels.
CARB.......................  2023.8.....................  Reporting Requirements      10/01/2019      02/13/2020
                                                           for Transit Agencies.
CARB.......................  2023.9.....................  Record Keeping              10/01/2019      02/13/2020
                                                           Requirements.
CARB.......................  2023.10....................  Authority to Suspend,       10/01/2019      02/13/2020
                                                           Revoke or Modify.
CARB.......................  2023.11....................  Severability..........      10/01/2019      02/13/2020
----------------------------------------------------------------------------------------------------------------

    In addition to the Final Regulation Order and documentation of OAL
approval, CARB's February 13, 2020 SIP submission includes CARB Staff
Report: Initial Statement of Reasons (August 7, 2018) and related
appendices; the Notice of Public Hearing, dated July 24, 2018, for a
hearing on September 27, 2018; CARB Resolution 18-60 (December 14,
2018) through which CARB adopted the ICT regulation; and the Final
Statement of Reasons (June 2019) and related appendices. On August 13,
2019, the submission from CARB was deemed by operation of law to meet
the completeness criteria in 40 CFR part 51, appendix V.\2\
---------------------------------------------------------------------------

    \2\ See CAA section 110(k)(1)(B).
---------------------------------------------------------------------------

    On August 11, 2022, CARB supplemented the February 13, 2020 SIP
submission.\3\ The August 11, 2022 supplement includes certain
additional definitions codifed in the CCR or California Health & Safety
Code (CH&SC) that are relied upon in the ICT regulation. The specific
definitions submitted on August 11, 2022 are listed in table 2.
---------------------------------------------------------------------------

    \3\ Shirin Barfjani, Air Pollution Specialist, CARB, email
correspondence to Jeffrey Buss, EPA Region 9, August 11, 2022.

    Table 2--Submitted Additional Definitions Relied Upon by the ICT
                               Regulation
------------------------------------------------------------------------
                         CCR, CH&SC or                         State
        Agency            CVC section         Title       effective date
------------------------------------------------------------------------
CARB.................  CH&SC 39012.....  Air Basin......      01/01/1976
CARB.................  17 CCR            Untitled but         07/01/2020
                        95481(a)(30).     defines the
                                          term
                                          ``compressed
                                          natural gas
                                          (CNG)''.
CARB.................  13 CCR            Untitled but         10/16/2017
                        2208(c)(18).      defines the
                                          term ``Low-NOX
                                          engine''.
CARB.................  17 CCR 60100(e).  Untitled but         07/05/1978
                                          defines the
                                          Sonoma County
                                          portion of the
                                          North Coast
                                          Basin.
CARB.................  17 CCR 60013....  Lake Tahoe Air       01/30/1976
                                          Basin.
CARB.................  17 CCR            Untitled but         07/01/2020
                        95481(a)(130).    defines the
                                          term
                                          ``Renewable
                                          hydrocarbon
                                          diesel''.
CARB.................  17 CCR            Untitled but         07/01/2020
                        95481(a)(22).     defines the
                                          term
                                          ``Biomethane''.
CARB.................  13 CCR 2020(b)..  Definitions....      01/02/2010
------------------------------------------------------------------------

B. Are there other versions of these rules?

    The ICT regulation replaces an earlier CARB regulation referred to
as the Fleet Rule for Transit Agencies. CARB originally adopted the
Fleet Rule for Transit Agencies in 2000, and amended the rule in 2004
and 2006. The Fleet Rule for Transit Agencies was never submitted or
approved as part of the California SIP.

C. What is the purpose of the submitted rules?

    Emissions of PM, including PM equal to or less than 2.5 microns in
diameter (PM2.5) and PM equal to or less than 10 microns in
diameter (PM10), contribute to effects that are harmful to
human health and the environment, including premature mortality,
aggravation of respiratory and cardiovascular disease, decreased lung
function, visibility impairment, and damage to vegetation and
ecosystems. Additionally, emissions of NOX contribute to the
production of ground-level ozone, which harms human health and the
environment. Section 110(a) of the CAA requires states to submit
regulations that control PM and NOX emissions.
    The purpose of the ICT regulation is to transition California
public transit bus fleets to zero-emission technologies by 2040. The
ICT regulation was developed to ensure transit service integrity and
program feasibility through this transformation. The ICT regulation was
included as one of the regulatory measures adopted by CARB in the 2016
State SIP Strategy to achieve emissions reductions of NOX
and PM emissions needed to attain the National Ambient Air Quality
Standard (NAAQS), particularly in the South Coast and San Joaquin
Valley air quality planning areas.\4\ Furthermore, CARB notes that the
ICT regulation furthers state environmental justice goals by
transitioning to clean transportation modes in low-income and
disadvantaged communities.\5\
---------------------------------------------------------------------------

    \4\ CARB, Revised Proposed 2016 State Strategy for the State
Implementation Plan, March 7, 2017, pages 69-71. The EPA approved
the 2016 State SIP Strategy as a revision to the California SIP at
February 12, 2019, 84 FR 3302; corrected at May 3, 2019, 84 FR
19680; and at October 1, 2019, 84 FR 52005.
    \5\ CARB; Public Hearing to Consider the Proposed Innovative
Clean Transit Regulation, a Replacement of the Fleet Rule for Public
Agencies; Staff Report: Initial Statement of Reasons; Date of
Release: August 7, 2018 (``CARB's ICT Staff Report''); chapter 7
(``Environmental Justice'').
---------------------------------------------------------------------------

    As adopted, CARB estimates that the ICT regulation will reduce
NOX and PM emissions by approximately 7,032 and 39.4 tons,
respectively, on a statewide

basis between 2020 and 2050.\6\ In addition, CARB anticipates that the
Zero-Emission Bus (ZEB) technologies deployed under the ICT regulation
will assist the future advanced technology deployment in other heavy-
duty on-road sectors to further help achieve the emission reduction
goals identified in the 2016 State SIP Strategy.
---------------------------------------------------------------------------

    \6\ CARB's ICT Staff Report, page IV-2.
---------------------------------------------------------------------------

D. What requirements does the regulation establish?

    The ICT regulation applies to any public transit agency that owns,
operates, leases, rents, or contracts with another entity to operate
buses in California, but the term ``transit agency'' does not mean a
correctional facility, airport, college or university, national park,
tour bus service provider, or an entity that provide shuttle services
solely for patrons of its organization.\7\ The regulation also does not
apply to school buses, vehicles on rails, or trolleybuses even if
operated by a public transit agency and does not apply to Caltrans,
Caltrain, Amtrak, or any local school district.\8\
---------------------------------------------------------------------------

    \7\ 13 CCR 2023(a)(1) and (b)(51).
    \8\ 13 CCR 2023(a)(2).
---------------------------------------------------------------------------

    CARB's ICT regulation requires public transit agencies to submit a
ZEB Rollout Plan approved by the applicable governing board that
demonstrates how the agency plans for ZEB purchase and infrastructure
buildout, and associated financial planning and workforce training by
certain deadlines established in the regulation.\9\ The regulation also
establishes ZEB purchase requirements that provide for an increasing
percentage of new buses \10\ to be ZEBs such that, by January 1, 2029,
all new bus purchases must be ZEBs.\11\
---------------------------------------------------------------------------

    \9\ 13 CCR 2023 and 2023.1.
    \10\ Under the ICT regulation, the term ``bus'' means a rubber-
tire vehicle designed to transport passengers by road with gross
vehicle weight rating (GVWR) greater than 14,000 pounds. See 13 CCR
2023(b)(6).
    \11\ 13 CCR 2023.1.
---------------------------------------------------------------------------

    The regulation also provides for waivers for early compliance and
provides certain compliance flexibility through provisions allowing
pooling of resources among multiple transit agencies, establishing
options for other, zero-emission transit services and allowing
extensions or exemptions from ZEB purchase requirements for
circumstances outside the transit agency's control.\12\ The ICT
regulation also requires generally that, when new conventional internal
combustion engine bus or hybrid bus purchases are made, transit
agencies must purchase buses with low-NOX engines that meet
certain criteria if low-NOX engines are available for the
bus type and propulsion system type being purchased.\13\ For large
transit agencies, the ICT regulation requires them to use renewable
diesel or natural gas to fuel their buses that have not yet converted
to ZEBs.\14\ Finally, the ICT regulation includes reporting and
recordkeeping requirements to ensure compliance with the
regulation.\15\
---------------------------------------------------------------------------

    \12\ 13 CCR 2023.1, 2023.2 and 2023.4.
    \13\ 13 CCR 2023.6
    \14\ 13 CCR 2023.7.
    \15\ 13 CCR 2023.8 and 2023.9.
---------------------------------------------------------------------------

II. The EPA's Evaluation and Action

A. How is the EPA evaluating the regulation?

    The EPA has evaluated the ICT regulation against the applicable
procedural and substantive requirements of the CAA for SIPs and SIP
revisions and has concluded that the ICT regulation meets all of the
applicable requirements. Generally, SIPs must include enforceable
emission limitations and other control measures, means, or techniques,
as well as schedules and timetables for compliance, as may be necessary
to meet the requirements of the Act [see CAA section 110(a)(2)(A)];
must provide necessary assurances that the state will have adequate
personnel, funding, and authority under state law to carry out such SIP
(and is not prohibited by any provision of federal or state law from
carrying out such SIP) [see CAA section 110(a)(2)(E)]; must be adopted
by a state after reasonable notice and public hearing [see CAA section
110(l)], and must not interfere with any applicable requirement
concerning attainment and reasonable further progress, or any other
applicable requirement of the Act [see CAA section 110(l)].\16\
---------------------------------------------------------------------------

    \16\ CAA section 193, which prohibits any pre-1990 SIP control
requirement relating to nonattainment pollutants in nonattainment
areas from being modified unless the SIP is revised to insure
equivalent or greater emission reductions of such air pollutants,
does not apply to the ICT rgulation because it does not represent
pre-1990 SIP control requirements.
---------------------------------------------------------------------------

B. Does the regulation meet the evaluation criteria?

1. Did the State provide for reasonable public notice and hearing prior
to adoption?
    Under CAA section 110(l), SIP revisions must be adopted by the
State, and the State must provide for reasonable public notice and
hearing prior to adoption. In 40 CFR 51.102(d), we specify that
reasonable public notice in this context refers to at least 30 days.
The ICT regulation was adopted by the CARB Board on December 14, 2018,
through Resolution 18-60 following a public hearing held on that same
day.\17\ Prior to adoption, CARB published notice of a September 27,
2018 public hearing on July 24, 2018, and provided a 45-day comment
period.\18\ CARB subsequently provided public notice and a 15-day
comment period on modifications made to the original draft regulation
that was the subject of the September 27, 2018 hearing. The CARB
Executive Officer submitted the final ICT rulemaking package to the
California Office of Administrative Law (OAL) on July 3, 2019. OAL
approved the rulemaking and filed with the California Secretary of
State on August 13, 2019. The effective date under State law is October
1, 2019. CARB submitted the OAL-approved Final Regulation Order to the
EPA on February 13, 2020, along with various other materials comprising
the SIP submission package, including copies of public comments
received during the two comment periods and CARB's responses to the
comments.
---------------------------------------------------------------------------

    \17\ CARB Resolution 18-60 (page 4) states: ``WHEREAS, In March
2017, the Board adopted the State Strategy for the State
Implementation Plan, which identifies the deployment of zero-
emission buses as a necessary component for California to achieve
established near- and long-term air quality and climate mitigation
targets (Resolution 17-7, March 23, 2017).''
    \18\ The July 24, 2018 public notice (page 20) states: ``If
adopted by CARB, CARB plans to submit the proposed regulatory action
to the United States Environmental Protection Agency (U.S. EPA) for
approval as a revision to the California State Implementation Plan
(SIP) required by the federal Clean Air Act (CAA). The adopted
regulatory action would be submitted as a SIP revision because it
amends regulations intended to reduce emissions of air pollutants in
order to attain and maintain the National Ambient Air Quality
Standards promulgated by U.S. EPA pursuant to the CAA.''
---------------------------------------------------------------------------

    Based on the materials provided in the February 13, 2020 SIP
submission and summarized above, we find that CARB has met the
procedural requirements for adoption and submission of SIPs and SIP
revisions under CAA section 110(l) and 40 CFR 51.102.
2. Does the State have adequate legal authority to implement the
regulation?
    CARB has been granted both general and specific authority under the
CH&SC to adopt and implement these regulations. CH&SC sections 39600
(``Acts required'') and 39601 (``Adoption of regulation; Conformance to
federal law'') confer on CARB the general authority and obligation to
adopt regulations and measures necessary to execute CARB's powers and
duties imposed by State law. CH&SC sections 43013(a) and 43018 provide
broad authority to achieve the maximum feasible and cost-effective
emission

reductions from all mobile source categories, including both on-road
and off-road diesel engines.
    Moreover, we know of no obstacle under Federal or State law in
CARB's ability to implement the regulations. As a general matter, the
CAA assigns mobile source regulation to the EPA through title II of the
Act and assigns stationary source regulation and SIP development
responsibilities to the states through title I of the Act. More
specifically, with respect to new motor vehicles, CAA section 209(a)
provides that no state or any political subdivision may adopt or
attempt to enforce any standard relating to the control of emissions
from new motor vehicles or new motor vehicle engines. CAA section
209(b) provides that the EPA must issue waivers to California for
standards otherwise preempted under CAA section 209(a) if certain
criteria are met. However, in this instance, CARB is setting forth
requirements related to transit bus purchases directed at public
transit agencies and has not adopted or attempted to enforce a
``standard'' relating to the control of emissions from new motor
vehicles for the purposes of CAA section 209(a) (e.g., CARB has not set
a regulatory requirement on private fleet operator purchases within the
State).\19\ Consequently, the ICT regulation is not preempted under CAA
section 209(a) and does not require an EPA waiver under CAA section
209(b). The ICT regulation, however, does reduce emissions from a
certain class of public vehicles and therefore is more stringent than
the otherwise applicable State or Federal standards.
---------------------------------------------------------------------------

    \19\ See Engine Manufacturers Ass'n v. South Coast Air Quality
Management District, 541 U.S. 246 (2004) and subsequent history at
2005 WL 1163437 (C.D. Cal. 2005) and 498 F.3d. 1031 (9th Cir. 2007).
---------------------------------------------------------------------------

3. Is the regulation enforceable as required under CAA section
110(a)(2)?
    We have evaluated the enforceability of the ICT regulation with
respect to applicability and exemptions; standard of conduct and
compliance dates; sunset provisions; discretionary provisions; and test
methods, recordkeeping and reporting,\20\ and have concluded for the
reasons given below that the regulation is enforceable for the purposes
of CAA section 110(a)(2).
---------------------------------------------------------------------------

    \20\ These concepts are discussed in detail in an EPA memorandum
from J. Craig Potter, EPA Assistant Administrator for Air and
Radiation, et al., titled ``Review of State Implementation Plans and
Revisions for Enforceability and Legal Sufficiency,'' dated
September 23, 1987.
---------------------------------------------------------------------------

    First, with respect to applicability, we generally find that the
ICT regulation is sufficiently clear as to which entities are subject
to the requirements in the regulation and which entities are
exempt.\21\ Second, we find that the ICT regulation is, as a general
matter, sufficiently specific so that the persons affected by the
regulation are fairly on notice as to what the requirements and related
compliance dates are.\22\ To a large extent, we have already described
the substantive requirements and compliance dates set forth in the ICT
regulation in section I.D of this document. We note, however, that the
definitions set forth in the ICT regulation cite to other sections of
California code or regulation, and thus, the definitions in the ICT
regulation would be ambiguous for the purposes of enforcement of the
SIP unless the other sections of California code or regulation on which
the ICT regulation relies are submitted and approved into the SIP along
with the ICT regulation. On August 11, 2022, CARB supplemented the
original SIP submission with additional sections of California code or
regulation on which the ICT regulation relies (see table 2, above) to
the EPA for SIP approval to avoid the potential ambiguity in the ICT
regulation. With respect to compliance dates, we note that no
compliance date in the ICT regulation extends past January 1, 2029,
which is consistent with the attainment needs for California with
respect to the attainment deadline for the South Coast and San Joaquin
Valley ``Extreme'' nonattainment areas for the 2008 ozone NAAQS.
---------------------------------------------------------------------------

    \21\ 13 CCR 2023.
    \22\ 13 CCR 2023.1.
---------------------------------------------------------------------------

    Third, the ICT regulation does not include sunset provisions.
Fourth, we note that the ICT regulation does not contain provisions
that allow for discretion on the part of CARB's Executive Officer. Such
``director's discretion'' provisions can undermine enforceability of a
SIP regulation, and thus prevent full approval by EPA. In the case of
the ICT regulation, the regulation allows transit agencies to request
an exemption from the ZEB requirement under certain specified
circumstances. Specifically, under 13 CCR 2023.4, transit agencies may
request an exemption from purchasing ZEBs under any of five
circumstances, all of which must be outside the transit agencies'
control. Exemptions are allowed when:
    1. a delay in bus delivery is caused by a setback in the
construction of infrastructure needed for the ZEB;
    2. available ZEBs cannot meet a transit agency's daily mileage
needs;
    3. available ZEBs do not have adequate gradeability performance to
meet the transit agency's daily needs for any bus in its fleet;
    4. a required ZEB type for the applicable weight class (based on
gross vehicle weight rating (GVWR)) is unavailable for purchase; or
    5. the ZEB purchase requirements in section 2023.1(a) cannot be met
due to financial hardship.\23\
---------------------------------------------------------------------------

    \23\ Financial hardship would be granted if a fiscal emergency
is declared under a resolution by a transit agency's governing body
following a public hearing, a transit agency can demonstrate that it
cannot offset the incremental cost of purchasing all available zero-
emission buses when compared to the cost of the same type of
conventional bus, or a transit agency can demonstrate that it cannot
offset the managed, net electricity cost for depot charging battery
electric buses when compared to the fuel cost of the same type of
conventional internal combustion engine buses. 13 CCR
2023.4(c)(5)(A).
---------------------------------------------------------------------------

    In each instance, the regulation sets forth the documentation
required to establish an exemption, and, if fulfilled, the CARB
Executive Officer must issue the exemption, thereby avoiding
problematic ``director's discretion'' with respect to the issuance of
exemptions by the CARB Executive Officer. Lastly, the ICT regulation
includes recordkeeping and reporting requirements that are sufficient
to ensure compliance with the applicable requirements.\24\
---------------------------------------------------------------------------

    \24\ 13 CCR 2023.8 and 2023.9.
---------------------------------------------------------------------------

4. Do the regulations interfere with reasonable further progress (RFP)
and attainment or any other applicable requirement of the Act?
    The ICT regulation is an outgrowth of a commital measure for
further deployment of zero-emission bus technologies in the public
transit sector that was adopted by CARB in the 2016 State SIP Strategy.
The ICT regulation would achieve incremental emissions reductions
needed to attain the NAAQS, particularly in the South Coast and San
Joaquin Valley air quality planning areas. Thus, we find that the
approval of the ICT regulation is consistent with CAA section 110(l)
and would not interfere with RFP, attainment or any other applicable
requirement of the Act.
5. Will the State have adequate personnel and funding for the
regulations?
    Chapter XIII of CARB's ICT Staff Report addresses economic impacts
associated with the ICT regulation, including personnel requirements
for CARB and fiscal impacts to public transit agencies. CARB's economic
impacts assessment concludes that the ICT regulation would require only
one additional person-year for developing a reporting system and
updating fleet information prior to initial reporting in 2020,
assisting transit agencies with compliance and annual reporting,

disseminating information to transit fleets, and enforcement (including
auditing reported information, and site visits to confirm vehicle
equipment).\25\ As such, we find that CARB has adequate personnel and
funding for the ICT regulation.
---------------------------------------------------------------------------

    \25\ CARB's ICT Staff Report, page VIII-28.
---------------------------------------------------------------------------

6. EPA's Regulation Evaluation Conclusion
    Based on the above discussion, we believe these regulations are
consistent with the relevant CAA requirements, policies and guidance.

C. The EPA's Recommendations To Further Improve the Rules

    Several of the defined terms in the ICT regulation reference
definitions set forth in paragraphs of other CCR sections that have
been renumbered since the ICT regulation was adopted. The cross-
references should be updated when CARB next considers amendments to the
ICT regulation. The specific defined terms with the outdated CCR
references include: (1) the term ``compressed natural gas (CNG),''
which should be updated to cite 17 CCR 95481(a)(30) rather than 17 CCR
95481(a)(27); (2) the term ``renewable hydrocarbon diesel,'' which
should be updated to cite 17 CCR 95481(a)(130) rather than 17 CCR
95481(a)(123); and (3) the term ``biomethane,'' which should be updated
to cite 17 CCR 95481(a)(22) rather than 17 CCR 95481(a)(20).

D. Public Comment and Proposed Action

    As authorized in section 110(k)(3) of the Act, the EPA proposes to
fully approve the submitted ICT regulation because it fulfills all
relevant requirements. We will accept comments from the public on this
proposal until November 14, 2022. If we take final action to approve
the submitted ICT regulation, our final action will incorporate the
associated rules into the federally enforceable SIP.

III. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference the California rules listed in tables 1 and 2 and discussed
in Section I of this preamble. The EPA has made, and will continue to
make, these materials available through https://www.regulations.gov and
at the EPA Region IX Office (please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section of this preamble for more
information).

IV. Statutory and Executive Order Reviews

    Under the CAA, 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, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
proposed action merely proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this proposed 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 CAA; and
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the proposed 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 Innovative Clean Transit regulation furthers state
environmental justice goals by transitioning to clean transportation
modes in low-income and disadvantaged communities. There is no
information in the record inconsistent with the stated goals of E.O.
12898 of achieving environmental justice for people of color, low-
income populations, and indigenous peoples.

List of Subjects in 40 CFR Part 52

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

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

    Dated: October 3, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2022-21910 Filed 10-13-22; 8:45 am]
BILLING CODE 6560-50-P