Total.......................................    1,367,004    65,095.44
------------------------------------------------------------------------

    The following table shows estimated tooling costs for badges based
on information provided by an automotive industry badge supplier.\52\
The costs are shown as low and high range values for each badge
material type (urethane and ABS plastic/chrome). The estimated tooling
costs are expected to be a one-time cost for developing the tooling
required to produce either badge type versus a continuous year-over-
year aggregated piece cost because, once developed, the designs are not
intended to change over time.\53\ In addition, these tooling costs
would also apply to any future alternative fuel badges that would enter
the U.S. market as tooling development is required for each badge
design.
---------------------------------------------------------------------------

    \52\ Conversation between NHTSA staff and a representative of
the Douglas Corporation, December 22, 2010. A record of this meeting
is available in the docket for this rulemaking.
    \53\ However, the agency acknowledges production tooling does
have a limited useful life and can require maintenance during this
useful life. For purposes of this proposal, the agency is
recognizing the initial cost to develop tooling to produce badge
designs. Any subsequent costs are dependent on factors involving
production techniques, machine tool maintenance and other variables
across, potentially, multiple suppliers that the agency is not able
to estimate for this proposal.

                            Table IV-5--MY 2017 Estimated Badge Tooling Cost (2012$)
----------------------------------------------------------------------------------------------------------------
                                                                    Foil/urethane          ABS plastic/chrome
                                                             ---------------------------------------------------
                                                                  Low          High         Low          High
----------------------------------------------------------------------------------------------------------------
Per Fuel Type...............................................       $6,844       $8,950      $31,587      $47,381
----------------------------------------------------------------------------------------------------------------

    The following table shows estimated annual aggregate industry
material cost for manufacturing badges in a production environment
(without labor cost). The ranges of costs were developed based on
information provided by an automotive industry badge supplier.\54\ The
low and high cost range values for manufacturing the two types of badge
materials (foil/urethane and ABS plastic/chrome) are multiplied by the
estimated alternative fuel vehicle volumes to arrive at an annual
aggregate ``permanent and prominent display'' cost. The potential
estimated labor values discussed in Table IV-4 would need to be
combined with these values to arrive at total estimated annual cost.
---------------------------------------------------------------------------

    \54\ Conversation between NHTSA staff and a representative of
the Douglas Corporation, December 22, 2010. A record of this meeting
is available in the docket for this rulemaking.

  Table IV-6--MY 2017 Estimated ``Permanent and Prominent Display'' Aggregated Industry Material Costs (2012$)
----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
                                                                    Foil/urethane
                                                                 ABS plastic/chrome
----------------------------------------------------------------------------------------------------------------
Ethanol.....................................................   $5,226,788   $9,247,395   $7,639,152  $11,659,758
Natural Gas.................................................        5,886       10,413        8,602       13,130
Electric (BEV)..............................................       44,087       77,999       64,434       98,347
Electric (PHEV/EREV)........................................       65,208      115,367       95,303      145,463
Hydrogen....................................................          375          664          548          837
LPG.........................................................        3,764        6,660        5,501        8,397
Biodiesel...................................................  ...........  ...........  ...........  ...........
                                                             ---------------------------------------------------
    Totals..................................................    5,346,108    9,458,498    7,813,542   11,925,932
----------------------------------------------------------------------------------------------------------------

2. What costs does NHTSA estimate for the ``Owner's Manual
Information'' on alternative fuel capability and benefits?
    The agency generated the following cost estimates for the
development and implementation of the owner's manual information
describing the capabilities and benefits of alternative fuel usage.

Table IV-7--Estimated Alternative Fuel Owner's Manual Information Annual
                          Printing Cost (2012$)
------------------------------------------------------------------------

------------------------------------------------------------------------
          Startup Costs                Rate        Hours         Cost
------------------------------------------------------------------------
Entry Level Technical Writer.....       $22.60        16.00         $362
Supervisory Technical Writer.....        33.59         8.00          269
Associate General Counsel........        99.17         5.00          496
Labor Cost.......................  ...........  ...........        1,126
Number of Manufacturers (est. 18)  ...........  ...........       20,271
------------------------------------------------------------------------
           Annual Costs                Rate        Pages         Cost
------------------------------------------------------------------------
Printing--per page...............       $0.042         2.00       $0.084
Printing per pagex vehicle volume  ...........  ...........      328,081
 Table IV-1......................
                                  --------------------------------------
    Total Cost...................  ...........  ...........      348,352
------------------------------------------------------------------------

3. What costs does NHTSA estimate for fuel compartment alternative fuel
identification?
    The agency is proposing the application of an adhesive label to the
inside of the fuel compartment door or ``screen-printing'' language to
the fuel filler cap for vehicles capable of operating on an alternative
fuel. The fundamentals of this proposal are consistent with labeling
currently in production from some manufacturers producing alternative
fuel capable vehicles.
    To develop cost estimates for this proposal, the agency spoke to
suppliers of the fuel compartment alternative fuel labels currently in
production to learn more about lead time and piece cost pricing.\55\
Using the estimated MY 2017 alternative fuel vehicle volume discussed
above as a basis, the agency developed the following industry annual
cost estimate including and excluding labor.
---------------------------------------------------------------------------

    \55\ Conversation with Whitlam Label Company, Inc., November 11,
2010. A record of this meeting is available in the docket for this
rulemaking.
---------------------------------------------------------------------------

    For purposes of this cost estimate, the agency estimated the cost
associated with producing a separate, adhesive-type label. The agency
believes this provides an upper bound estimate as an alternative to
implement a ``screen-printed'' label on the fuel filler cap which could
potentially be implemented at no piece cost increase because printing
information on the fuel tank cap is nearly standard industry practice.
In addition, there would be no additional assembly labor cost for
attaching the fuel filler cap.
    For estimates involving an adhesive label, the agency assumed a
per-label cost of $0.037 and used the labor value of $0.175 per label.
The labor value is one-half the labor value used for the cost estimate
for a ``permanent and prominent display.'' The agency views the fuel
tank compartment label application as a less precise labor operation,
yielding a reduced estimated labor cost. Based on discussion with
industry, NHTSA believes that this is an appropriate value for
application of the label as proposed.\56\
---------------------------------------------------------------------------

    \56\ These cost estimates do not exclude the volume of vehicles
with voluntary labeling at the fuel filler compartment that
identifies the alternative fuel type, as an unknown percentage of
that voluntary compliance may be due to the labeling requirement of
32905(f) to receive credits under 32906(a). As those credits
decrease after 2017 and expire after 2019, current estimates of
voluntary compliance may be misleading beyond the first years of
this program.

     Table IV-8--MY 2017 Fuel Compartment Adhesive Label Aggregated
                     Incremental Annual Cost (2012$)
------------------------------------------------------------------------
            Fuel type                Vehicles   $ w/o labor   $ w/labor
------------------------------------------------------------------------
Ethanol..........................    3,818,555     $140,721     $808,968
Natural Gas......................        4,300          158          911
Electric (BEV)...................       32,209        1,187        6,823
Electric (PHEV/EREV).............       47,639        1,756       10,092
Hydrogen.........................          274           10           58
LPG..............................        2,750          101          583
                                  --------------------------------------
    Totals.......................    3,905,727      143,934      827,436
------------------------------------------------------------------------

    The agency notes these estimates are based on a piece cost for a
label production run of approximately 25,000 labels that include setup
and the batch printing run. As defined by the estimated MY 2017
alternative fuel vehicle production volume estimates developed for this
proposal, some alternative fuel types will not achieve this volume for
the single 2013 model year. The agency acknowledges that this condition
may exist for some time regarding specific fuel types, which could
require a smaller batch-run of labels that increases piece cost.
However, the agency does not foresee these smaller batch runs having a
significant effect on the overall cost estimates associated with the
proposed label. Conversely, in some cases, a single production run of
25,000 labels would enable a sufficient supply to cover four or five
model years without the need for additional sourcing.

C. What benefits does NHTSA estimate for this proposed rule?

    As information on the effects of these badges on consumer purchases
is not available, a quantitative assessment of the effects of the
impacts of badges would be highly speculative. Therefore, NHTSA was not
able to quantitatively assess the benefits of this rule. NHTSA notes
that the statutory mandate of EISA does not require NHTSA to justify
the benefits of the rule as outweighing its costs. However, the agency
believes that it is important to recognize the

anticipated qualitative benefits of this action.
    The primary benefits associated with this proposed rule come from
any improvements in consumer decision-making that stems from helping
consumers identify which vehicles run on alternative fuels.
    The current widespread presence of badges on vehicles, such as
make, model and dealership information, supports that external badges
influence consumers. The proposed external badges identifying vehicles
that are capable of operating on an alternative fuel will heighten
awareness of alternative fuel vehicles, thereby making potential
consumers more aware of the diverse vehicles choices available on the
market. NHTSA believes that this rule will help alternative fuel
vehicle deployment by identifying early adopters of these technologies.
New technologies, regardless of their relative benefits to previous
technologies, are likely to face a slow diffusion process.\57\ As part
of the ``diffusion of innovations'' \58\ process, the dissemination of
information on early adopters of a particular innovation is a key
component of that innovation's market success.\59\
---------------------------------------------------------------------------

    \57\ See Timothy F, Malloy and Peter Sinsheimer, Innovation,
Regulation, and the Selection Environment, 57 Rutgers L. Rev 183,
189 (2004).
    \58\ See Everett M. Rogers, Diffusion of Innovations (5th ed.
2003).
    \59\ See Malloy & Sinsheimer, supra, at 188.
---------------------------------------------------------------------------

    Vehicles currently in production with alternative fuel capabilities
may not be readily distinguishable from their conventional fuel
counterparts absent an identifying badge. Greater exposure to the
available vehicle choices before making purchasing decisions will
complement enhanced consumer information on energy costs and savings on
the dealer lot (such as information provided through the recently
adopted fuel economy labels).\60\ NHTSA also believes that informed
choice, while not quantifiable, is an end in itself.
---------------------------------------------------------------------------

    \60\ 76 FR 39478.
---------------------------------------------------------------------------

    Another anticipated benefit is a decrease in fueling mistakes that
could occur with an increased volume and diversity of alternative
fueled vehicles on the road along with a potential expansion of fueling
options at conventional fueling stations. The agency is not aware of a
quantification of safety or economic costs associated with these
mistakes, and seeks comment on this issue.
    The agency believes that the benefits of this proposal will be
higher than the costs. NHTSA requests comment on the benefits described
here, and on any additional benefits and/or ways to quantify benefits.

V. Enforcement and Compliance

    In adding the 32908(g) requirements, which apply to automobiles,
Congress did not amend the existing compliance and civil penalty
provisions for automobiles in 49 U.S.C. Chapter 329; therefore, NHTSA
tentatively concludes that those provisions apply for regulations
promulgated under 32908(g).

A. What compliance provisions govern regulations promulgated under
32908(g)?

    49 U.S.C. 32911(a) states, in relevant part, that a person commits
a violation of Chapter 329 if the person fails to comply with
regulations and standards prescribed under Chapter 329, except sections
32902 (fuel economy standards), 32903 (fuel economy credits), 32908(b)
(EPA's fuel economy labeling requirements), 32917(b) (fleet-average
fuel economy standards for executive agency automobiles), and 32918
(retrofit devices) and regulations and standards prescribed under those
sections. 32908(g) does not fall within those exceptions. Therefore, a
violation of 32908(g) is a violation of Chapter 329, thereby subjecting
the person to penalties under 32912 as discussed below. A failure to
comply with the proposed regulations might include, but would not be
limited to, failing to affix a required badge or label, failing to
include required text in an owner's manual or including incorrect text,
or affixing a badge that does not meet the useful life requirements
specified by the agency.
    We note that 32911(a) also states that the Secretary of
Transportation (by delegation, the Administrator of NHTSA) shall
conduct a proceeding, with an opportunity for a hearing on the record,
to decide whether a person has committed a violation, and that any
interested person may participate in that proceeding. NHTSA has
established rules of practice and procedures for adjudicative
proceedings conducted pursuant to the Motor Vehicle Information and
Cost Savings Act (now codified in relevant part at 49 U.S.C. Chapter
329) which require a proceeding on the record after opportunity for a
public hearing. These rules of adjudicative procedure are set forth at
49 CFR Part 511. These procedures would apply to proceedings conducted
to determine violations of the regulations proposed today.

B. What is the penalty for non-compliance with regulations promulgated
under 32908(g)?

    49 U.S.C. 32912(a) states that a person who violates 32911(a) is
liable to the United States Government for a civil penalty of not more
than $10,000 (now $16,000 as adjusted for inflation) \61\ for each
violation, and that a separate violation occurs for each day the
violation continues. Thus, if, following the procedures laid out in 49
CFR Part 511, NHTSA finds that a person has committed a violation of
any of the regulations proposed today, that person would be subject to
civil penalties under 32912(a). 32912(d) states further that penalties
shall be imposed under this section by written notice. 49 U.S.C. 32913
(compromising and remitting civil penalties), 32914 (collecting civil
penalties), and 32915 (appealing civil penalties) would also apply to
civil penalty actions for violations of the regulations proposed today.
---------------------------------------------------------------------------

    \61\ We note that the amount of $10,000 prescribed by 32912(a)
has been updated by regulation for inflation. Per 49 CFR
578.6(h)(1), a person that violates 32911(a) is liable to the United
States Government for a civil penalty of not more than $16,000 for
each violation, and a separate violation occurs for each day the
violation continues.
---------------------------------------------------------------------------

    NHTSA seeks comment on whether the agency should consider any
additional information with respect to enforcement and compliance.

VI. Public Participation

    NHTSA requests comment on all aspects of this proposed rule. This
section describes how you can participate in this process.

A. How do I prepare and submit comments?

1. Further Instructions for Submitting Comments to the NHTSA Docket Are
Described Below
    Your comments must be written and in English. To ensure that your
comments are correctly filed in the docket, please include the Docket
Number NHTSA-2010-0134 in your comments. Your comments must not be more
than 15 pages long.\62\ NHTSA established this limit to encourage you
to write your primary comments in a concise fashion. However, you may
attach necessary additional documents, which are not subject to the
page limit, to your comments.
---------------------------------------------------------------------------

    \62\ 49 CFR 553.21.
---------------------------------------------------------------------------

    If you are submitting comments electronically as a PDF (Adobe)
file, we ask that the documents submitted be scanned using the Optical
Character Recognition (OCR) process, thus allowing the agency to search
and copy

certain portions of your submissions.\63\ Please note that pursuant to
the Data Quality Act, in order for the substantive data to be relied
upon and used by the agencies, it must meet the information quality
standards set forth in the OMB and DOT Data Quality Act guidelines.
---------------------------------------------------------------------------

    \63\ Optical character recognition (OCR) is the process of
converting an image of text, such as a scanned paper document or
electronic fax file, into computer-editable text.
---------------------------------------------------------------------------

    Accordingly, we encourage you to consult the guidelines in
preparing your comments. OMB's guidelines may be accessed at http://www.whitehouse.gov/omb/fedreg_reproducible (last accessed January 2,
2014), and DOT's guidelines may be accessed at http://regs.dot.gov
(last accessed January 2, 2014).
2. Tips for Preparing Your Comments
    When submitting comments, please remember to:
     Identify the rulemaking by docket numbers and other
identifying information (subject heading, Federal Register date and
page number).
     Follow directions--the agencies may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree, suggest alternatives,
and substitute language for your requested changes.
     Describe any assumptions and provide any technical
information and/or data that you used.
     If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
     Provide specific examples to illustrate your concerns and
suggest alternatives.
     Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
    Make sure to submit your comments by the comment period deadline
identified in the DATES section above.

B. How do I submit confidential business information?

    Following are specific instructions for submitting confidential
business information (CBI) to the agency.
    If you wish to submit any information under a claim of
confidentiality, you should submit three copies of your complete
submission, including the information you claim to be confidential
business information, to the Chief Counsel, NHTSA, at the address given
above under FOR FURTHER INFORMATION CONTACT. When you send a comment
containing CBI, you should include a cover letter setting forth the
information specified in our CBI regulation.\64\ In addition, you
should submit a copy from which you have deleted the claimed CBI to the
Docket by one of the methods set forth above.
---------------------------------------------------------------------------

    \64\ 49 CFR Part 512.
---------------------------------------------------------------------------

C. Will the Agency consider late comments?

    NHTSA will consider all comments received before the close of
business on the comment closing date indicated above under DATES. To
the extent practicable, we will also consider comments received after
that date. If interested persons believe that any new information the
agency places in the docket affects their comments, they may submit
comments after the closing date concerning how the agency should
consider that information for the final rule.
    However, the agency's ability to consider any such late comments in
this rulemaking will be limited due to the time frame for issuing a
final rule. If a comment is received too late for us to practicably
consider it in developing a final rule, we will consider that comment
as an informal suggestion for future rulemaking action.

D. How can I read the comments submitted by other people?

    You may read the materials placed in the docket for this document
(e.g., the comments submitted in response to this document by other
interested persons) at any time by going to http://www.regulations.gov.
Follow the online instructions for accessing the dockets. You may also
read the materials at the NHTSA Docket Management Facility by going to
the street address given above under ADDRESSES.

VII. Regulatory Notices and Analyses

A. Executive Orders 12866 and 13563 and DOT Regulatory Policies and
Procedures

    NHTSA has considered the impact of this rulemaking action under
Executive Orders 12866 and 13563 and the Department of Transportation's
regulatory policies and procedures. This action is not significant and
therefore was not subject to review by OMB under Executive Order 12866.
The benefits and costs of this proposal are described above in Section
IV. Because the proposed rule would, if adopted, not be economically
significant, the agency has not prepared a Preliminary Regulatory
Evaluation.

B. Regulatory Flexibility Act

    Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq.,
as amended by the Small Business Regulatory Enforcement Fairness Act
(SBREFA) of 1996), whenever an agency is required to publish a notice
of rulemaking for any proposed or final rule, it must prepare and make
available for public comment a regulatory flexibility analysis that
describes the effect of the rule on small entities (i.e., small
businesses, small organizations, and small governmental jurisdictions).
The Small Business Administration's regulations at 13 CFR part 121
define a small business, in part, as a business entity ``which operates
primarily within the United States.'' \65\ No regulatory flexibility
analysis is required if the head of an agency certifies the rule will
not have a significant economic impact on a substantial number of small
entities. It is hereby certified that this proposed rule would not have
a significant economic impact on a substantial number of small
entities. The following is NHTSA's statement providing the factual
basis for the certification (5 U.S.C. 605(b)).
---------------------------------------------------------------------------

    \65\ 13 CFR 121.105(a).
---------------------------------------------------------------------------

    If adopted, the proposal would directly affect motor vehicle
manufacturers and final-stage manufacturers that manufacture or are
planning to manufacture alternative fuel vehicles. There are an
estimated nine large single stage motor vehicle manufacturers and about
three small U.S. manufacturers of light plug-in hybrid and electric
vehicles that would be subject to the requirements of this
proposal.\66\ Similarly, there are at least six manufacturers of low-
speed vehicles that are small businesses.\67\
---------------------------------------------------------------------------

    \66\ Phoenix, Tesla, and Via Electric Vehicles.
    \67\ Club Car LLC, Columbia ParCar Corporation, Cruise Car Inc.,
STAR Electric Car Sales, Tomberlin, and Wheego Electric Car, Inc.
---------------------------------------------------------------------------

    A single stage automobile or light truck manufacturer (NAICS code
336111, Automobile Manufacturing; 336112, Light Truck and Utility
Vehicle manufacturing) must have 1,000 or fewer employees to qualify as
a small business.\68\ We believe that all of the U.S. small vehicle
manufacturers have fewer than 1,000 employees. We estimate these
proposed requirements would cost each small vehicle manufacturer
approximately $1.89 to $3.49 per vehicle, or far less than 1% of the
cost of one of these vehicles, and would therefore not appear to
constitute a significant economic impact. NHTSA seeks comment on this
proposed certification.
---------------------------------------------------------------------------

    \68\ 237 According to the Small Business Administration's small
business size standards (see 13 CFR 121.201).

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

C. Executive Order 13132 (Federalism)

    Executive Order 13132 requires NHTSA to develop an accountable
process to ensure ``meaningful and timely input by State and local
officials in the development of regulatory policies that have
federalism implications.'' ``Policies that have federalism
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.'' Under Executive Order 13132, the agency may not issue a
regulation with federalism implications, that imposes substantial
direct costs, and that is not required by statute, unless the federal
government provides the funds necessary to pay the direct compliance
costs incurred by state and local governments, or the agency consults
with state and local officials early in the process of developing the
proposed regulation, provides a federalism summary impact statement to
the Office of Management and Budget (OMB) in the preamble, and makes
any written communications to the agency from state and local officials
available to the director of OMB. NHTSA also may not issue a regulation
with federalism implications and that preempts state law unless the
agency consults with state and local officials early in the process of
developing the proposed regulation, provides a federalism summary
impact statement to OMB in the preamble, and makes any written
communications to the agency from state and local officials available
to the director of OMB.
    NHTSA has identified several states \69\ that promote the use of
alternative fuel vehicles. Some have implemented programs, such as
California's Clean Air Vehicle program, that provide High Occupancy
Vehicle (HOV) lane access incentives for labeled or specially plated
alternative fuel vehicles. These programs often require the owner to
apply a badge, sticker, or special license plate that identifies the
vehicle as an alternative fuel, low emission, or ``clean-'' Vehicle.
This rule is not intended to preempt or in any way affect such
programs, as the state programs do not regulate the manufacturers of
alternative fuel vehicles or provide consumer information on specific
types and benefits of alternative fuel vehicles. NHTSA does not believe
that this proposed rule would have ``substantial direct effects on the
States, the relationship between the national government and the States
or on the distribution of power and responsibilities among the various
levels of government'' as described in Executive Order 13132.
---------------------------------------------------------------------------

    \69\ The states include Arizona, California, Colorado, Florida,
Georgia, Hawaii, Maryland, New Jersey, New York, North Carolina,
Tennessee, Utah and Virginia.
---------------------------------------------------------------------------

    EISA does not expressly preempt state laws regarding consumer
information or education on alternative fuel vehicles. Under Executive
Order 13132, where a federal statute does not expressly preempt state
law and there is no clear evidence that Congress intended for
preemption to exist, the agency may find that its regulations preempt
state law ``only when the exercise of State authority directly
conflicts with the exercise of Federal authority under the Federal
statute.'' When an agency foresees the possibility of a conflict
between state law and federally protected interests, the agency shall
attempt to avoid such a conflict through consultation with the
appropriate state and local officials. NHTSA is unaware of any state
laws regarding consumer information or education on alternative fuel
vehicles that would directly conflict with the exercise of Federal
authority in this proposed regulation.
    NHTSA tentatively concludes that this proposed action would not
likely have federalism implications. However, we are aware that some
states may have an interest in this proposal, and we welcome
information that may help the agency more fully understand how our
efforts may coordinate or conflict with state programs and policies. We
therefore solicit comment on this proposal from state and local
officials and other interested persons.

D. National Environmental Policy Act (NEPA)

    For the purposes of the National Environmental Policy Act, NHTSA
has determined that implementation of this rulemaking action would not
have any significant impact on the quality of the human environment.

E. Executive Order 12988 (Civil Justice Reform)

    Pursuant to Executive Order 12988, ``Civil Justice Reform,'' \70\
NHTSA has considered whether this rulemaking would have any retroactive
effect. This proposed rule does not have any retroactive effect.
---------------------------------------------------------------------------

    \70\ 61 FR 4729 (Feb. 7, 1996).
---------------------------------------------------------------------------

F. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) requires
agencies to prepare a written assessment of the costs, benefits, and
other effects of proposed or final rules that include a Federal mandate
likely to result in the expenditures by States, local or tribal
governments, in the aggregate, or by the private sector, of more than
$100 million annually (adjusted annually for inflation with base year
of 1995). Adjusting this amount by the implicit gross domestic product
price deflator for 2012 results in $136 million (115.381/81.606 =
1.41). The assessment may be included in conjunction with other
assessments, as it is here. This proposal will not result in consumer
costs of more than $141 million.

G. National Technology Transfer Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) requires NHTSA to evaluate and use existing voluntary
consensus standards in its regulatory activities unless doing so would
be inconsistent with applicable law (e.g., the statutory provisions
regarding NHTSA's vehicle safety authority) or otherwise impractical.
    Voluntary consensus standards are technical standards developed or
adopted by voluntary consensus standards bodies. Technical standards
are defined by the NTTAA as ``performance-based or design-specific
technical specification and related management systems practices.''
They pertain to ``products and processes, such as size, strength, or
technical performance of a product, process or material.''
    Examples of organizations generally regarded as voluntary consensus
standards bodies include the American Society for Testing and Materials
(ASTM), the Society of Automotive Engineers (SAE), and the American
National Standards Institute (ANSI). If NHTSA does not use available
and potentially applicable voluntary consensus standards, we are
required by the Act to provide Congress, through OMB, an explanation of
the reasons for not using such standards.
    For this proposal, the only applicable voluntary consensus
standards that NHTSA discovered are the joint SAE/ISO standards
mentioned above in the context of research and as a potential
alternative proposal. Following the path of using these standards in
the context of this proposal poses challenges. The agency believes all
fuel types may not be appropriately represented by these symbols and
currently some symbols do not exist for specific fuel types. Adding new
fuel types may involve revisiting and republishing standards; a time

consuming process. In addition, the symbols were fundamentally
developed for use on controls, the vehicle instrument cluster and road
signs versus the application as an exterior badge. The agency believes
the symbols, possibly, would have taken a different form if designed
from the outset as an exterior badge, where aesthetics and
complementing an overall theme may take a higher priority, versus being
developed to specified guidelines for application to controls, warning
lamps and road signs. Finally, as discussed elsewhere in this proposal,
NHTSA remains concerned that following this approach would discourage
manufacturer investment in promoting alternative fuel vehicles, and
that the redundancy issue (of both manufacturers and NHTSA investing
time and effort in developing alternative fuel-specific symbols for
each vehicle) make it not the best option.

H. Executive Order 13211 (Actions That Significantly Affect Energy
Supply, Distribution or Use)

    Executive Order 13211 \71\ applies to any rule that: (1) Is
determined to be economically significant as defined under E.O. 12866,
and is likely to have a significant adverse effect on the supply,
distribution, or use of energy; or (2) that is designated by the
Administrator of the Office of Information and Regulatory Affairs as a
significant energy action. If the regulatory action meets either
criterion, we must evaluate the adverse energy effects of the proposed
rule and explain why the proposed regulation is preferable to other
potentially effective and reasonably feasible alternatives considered
by us.
---------------------------------------------------------------------------

    \71\ 66 FR 28355 (May 18, 2001).
---------------------------------------------------------------------------

    The proposed rule seeks to establish alternative fuel vehicle
labeling and information requirements that aim to promote the use of
alternative fuels and reduce consumption of petroleum. We have
tentatively concluded that this proposed rule will not have any adverse
energy effects but will instead have positive effects. Accordingly,
this proposed rule is not designated as a significant energy action.

I. Regulatory Identifier Number

    The Department of Transportation assigns a regulation identifier
number (RIN) to each regulatory action listed in the Unified Agenda of
Federal Regulations. The Regulatory Information Service Center
publishes the Unified Agenda in April and October of each year. You may
use the RIN contained in the heading at the beginning of this document
to find this action in the Unified Agenda.

J. Department of Energy and Environmental Protection Agency Review

    In accordance with 49 U.S.C. 32908(g)(1), we submitted this
proposed rule to the DOE and the EPA for consultation and review.

K. Plain Language

    Executive Orders 12866 and 13563 require each agency to write all
rules in plain language. Application of the principles of plain
language includes consideration of the following questions:
     Have we organized the material to suit the public's needs?
     Are the requirements in the rule clearly stated?
     Does the rule contain technical language or jargon that is
not clear?
     Would a different format (grouping and order of sections,
use of headings, paragraphing) make the rule easier to understand?
     Would more (but shorter) sections be better?
     Could we improve clarity by adding tables, lists, or
diagrams?
     What else could we do to make the rule easier to
understand?
    If you have any responses to these questions, please include them
in your comments on this proposal.

L. Privacy Act

    Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an organization, business, labor union, etc.). You may review DOT's
complete Privacy Act statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit
http://www.dot.gov/privacy.html (last visited January 10, 2011).

M. Paperwork Reduction Act

    Under the procedures established by the Paperwork Reduction Act of
1995 (PRA), a person is not required to respond to a collection of
information by a federal agency unless the collection displays a valid
OMB control number.
    As described throughout this notice, NHTSA is proposing to require
badges, labels and owner's manual information for new passenger cars
and light trucks weighing less than 8,500 pounds in order to increase
consumer awareness regarding the benefits and use of alternative fuels.
In general, the proposed rule would require manufacturers to disclose
information supplied by NHTSA to consumers, and these requirements
would not be considered a ``collection of information'' under the
Paperwork Reduction Act.\72\ However, for certain types of alternative
fuel vehicles, manufacturers would be required to affix a badge to the
vehicle, but NHTSA has not supplied the exact language to be used on
the badge. These include vehicles operating on alcohol other than
ethanol or methanol and vehicles operating on fuel derived from
biological materials other than biodiesel. Additionally, for certain
types of alternative fuel vehicles, manufacturers would be required to
disclose additional information on the proposed fuel filler compartment
label to assist consumers. For vehicles using liquid fuels,
manufacturers would be required to include the appropriate maximum
acceptable mixture levels of fuels that may contain a blend of fuel
types, such as ethanol or biodiesel. For battery-only electric vehicles
and plug-in hybrids, manufacturers would be required to include the
recommended charging voltage and additional voltage levels that can
used for recharging the vehicles. NHTSA will seek approval of any
information collection requirements proposed in this NPRM from OMB.
---------------------------------------------------------------------------

    \72\ 5 CFR 1320.3(c)(2)
---------------------------------------------------------------------------

List of Subjects in 49 CFR Part 575

    Consumer protection, Motor vehicle safety, Reporting and
recordkeeping requirements, and tires.

    For the reasons set forth in the preamble, NHTSA proposed to amend
49 CFR part 575 as follows:

0
1. Revise the authority citation to read as follows:

    Authority: 49 U.S.C. 32302, 32304(A), 30111, 30115, 30117,
30123, 30166, 30168, and 32908, Pub. L. 104-414, 114 Stat. 1800,
Pub. L. 109-59, 119 Stat. 1144, Pub. L. 110-140, 121 Stat. 1492, 15
U.S.C. 1232(g); delegation of authority at 49 CFR 1.95.

0
2. Add Sec.  575.402 to read as follows:

Sec.  575.402  Alternative Fuel Vehicle Identification and Owner's
Manual Information.

    (a) Purpose and scope. The purpose of this section is to inform
consumers which vehicles are capable of operating on alternative fuels
and the benefits of using alternative fuels, including their renewable
nature and environmental benefits, by conveyance through a permanent
and prominent display, a label attached to the fuel tank filler
compartment, and standardized owner's manual information.

    (b) Application. This section applies to automobiles rated at not
more than 8,500 pounds gross vehicle weight with the capability to
operate on the alternative fuels as defined by 49 U.S.C. 32901(a)(1).
    (c) Definitions. (1) Alternative fuel has the same meaning as
defined in 49 U.S.C. 32901(a)(1).
    (2) Permanent and prominent display means a badge affixed to the
exterior of an automobile, designed for and applied with the ability to
remain readable, and attached to the automobile throughout its entire
useful life. The badge should be covered by the automobile manufacturer
warranty during the automobile's warranted period.
    (3) Fuel compartment label means text printed on the exterior of
the fuel filler cap or an adhesive label affixed to the inside of an
automobile refueling compartment, electrical charge port or connection
point access door.
    (d) Requirements. (1) Required permanent and prominent display.
Prior to being offered for first retail sale, each manufacturer shall
affix or cause to be affixed, and each dealer shall maintain or cause
to be maintained, an exterior badge on each applicable automobile
capable of operation on alternative fuel.
    (i) Location. The exterior badge shall be located and readily
visible at the rear of the vehicle within close proximity to the
vehicle model name, model designation and/or additional environmental/
advanced technology badging, if applicable. If a vehicle is not
equipped with a model name, model designation and/or additional
environmental/advanced technology badging, the exterior badge shall be
placed in the lower right corner of the vehicle's rear trunk-lid,
closeout panel, rear hatch or rear fender depending on vehicle type
body configuration.
    (ii) Content. The badge shall reflect, at the minimum, in natural
language the type of alternative fuel the vehicle is capable of
operating on in accordance with the following table:

------------------------------------------------------------------------
                                         Proposed badge natural language
           Alternative fuel *                   minimum description
------------------------------------------------------------------------
Methanol **............................  Methanol.
Denatured Ethanol **...................  Ethanol.
Other Alcohols **......................  Name of other alcohol derived
                                          fuel.
Natural Gas............................  Natural Gas.
Liquefied Petroleum Gas................  Propane.
Coal Derived Liquid Fuels..............  Coal to Liquid.
Hydrogen...............................  Hydrogen.
Fuels (except alcohol) derived from      Biodiesel *** or name of other
 biological materials.                    fuel derived from biological
                                          materials.
Electricity (Battery Electric Vehicle).  Electric.
Electricity (Plug-In Hybrid Electric     Plug-In Hybrid Electric.
 Vehicle).
------------------------------------------------------------------------
* As defined by 49 U.S.C. 32901(a)(1).
** Note: To be considered an alternative fuel, alcohol derived fuels
  need to be blended at levels of at least 85 percent of the total
  mixture when blended with gasoline or other fuels.
*** The agency notes that it recognizes only `neat' biodiesel (B100) as
  an alternative fuel. 63 FR 15322 (Mar. 31, 1998).

    (iii) Minimum letter height. The defined natural language minimum
description letter size shall be no smaller than 15 millimeters in
height when the ``natural language minimum description'' is presented
as a standalone badge containing no other text and no smaller than 5
millimeters when the ``natural language minimum description'' is
accompanied by other text.
    (iv) Letter finish. The defined natural language minimum
description shall be finished in chrome or silver. If the alternative
fuel name in the badge contains a background color independent of the
vehicle color, this background color shall provide clear contrast to
the alternative fuel name.
    (v) Minimum badge height. The badge used for ``permanent and
prominent'' display shall be no less than 15 millimeters in height.
    (2) Required owner's manual information. The owner's manual of each
vehicle capable of operating on alternative fuels shall contain the
following text in the same font and type size specification as other
standard text found throughout the owner's manual. In addition, the
text shall be located within a box, bordered with a 1-pt. solid black
line, with no other text inside the box.

{Section Heading:{time}  Capabilities and Benefits of Using Alternative
Fuels

    This vehicle is recognized by the U.S. Department of Transportation
as an alternative fuel vehicle, because it is capable of operating on a
biofuel, electricity, hydrogen, natural gas, propane or other fuel that
is not derived primarily from petroleum. Alternative fuel vehicles may
provide benefits both to their users and to the nation as a whole over
their useful lifetime by operating on non-petroleum-based alternative
fuels. Some of the benefits of alternative fuel usage in this vehicle
may include:
     Energy and National Security: Driving this vehicle on
alternative fuels may help to reduce our country's dependence on
foreign oil. The United States imports a substantial amount of its
petroleum, the majority of which is used to fuel vehicles in the form
of gasoline and diesel. Petroleum imports can be vulnerable to supply
disruptions and price shocks depending on conditions in the countries
that supply us with oil. By using alternative fuels, you may be helping
the country be less vulnerable to the supply disruptions and price
variability associated with imported oil, and supporting U.S.
alternative fuel producers.
     Environmental Benefits--Renewability and Emissions: Many
alternative fuels are renewable, which means that their sources can be
replenished--like plant-based ethanol, or solar-powered electricity.
Renewable fuels may have less environmental impact than conventional
fuels. Additionally, compared with vehicles fueled by conventional,
petroleum-derived diesel and gasoline, many alternative fuel vehicles
are estimated to reduce the life cycle greenhouse gas emissions of
carbon dioxide.
     Fuel Type and Availability: Alternative fuels are
increasingly in availability. To learn more about the availability of
alternative fuel that can power this vehicle, please visit the
Department of Energy's Alternative Fueling Station Locator at http://www.afdc.energy.gov/afdc/locator/stations/ to determine the location of
refueling and/or recharging facilities that meet your driving needs.
Additional Information Resources
     For more information about alternative fuels and
alternative fuel

vehicles, please visit the Department of Energy's Alternative Fuels &
Advanced Vehicles Data Center at http://www.afdc.energy.gov.
     For more information about vehicle safety, please visit
www.safercar.gov.
    (3) Required fuel filler compartment label. Prior to being offered
for first retail sale, each manufacturer shall affix, or cause to be
affixed, and each dealer shall maintain, or cause to be maintained, a
label that complies with the requirements of 49 U.S.C. 32905(g)(3) on
each applicable automobile capable of operation on an alternative fuel,
as defined under 49 U.S.C. 32901(a)(1).
    (i) Location. The label shall be located within the fuel filler
compartment in the form of an adhesive label or as text on the exterior
of the fuel filler cap.
    (ii) Content. For each type of alternative fuel, the label shall
include the content indicated in the following table:

----------------------------------------------------------------------------------------------------------------
                                                                                Maximum      Charging
           Defined alternative fuel *              Alternative fuel name for use in    blend level     voltage
                                                               labeling                 (liquid)      level(s)
----------------------------------------------------------------------------------------------------------------
Methanol **.....................................  Methanol..........................            X   ............
Denatured Ethanol **............................  Ethanol...........................            X   ............
Other Alcohols **...............................  [Name of Alcohol Derived Fuel]....            X   ............
Natural Gas.....................................  CNG...............................  ............  ............
Liquefied Petroleum Gas.........................  LPG...............................  ............  ............
Coal Derived Liquid Fuels.......................  Coal Derived Liquid Fuels.........            X   ............
Hydrogen........................................  Hydrogen..........................  ............  ............
Fuels (except alcohol) derived from biological    Biodiesel or [Name of other                   X   ............
 materials.                                        Biologically derived fuel].
Electricity (Battery Electric Vehicle)..........  Electricity.......................  ............            X
Electricity (Plug-In Hybrid Electric Vehicle)...  Electricity/[Other Fuel Type(s)]..        X ***             X
----------------------------------------------------------------------------------------------------------------
* 49 U.S.C. 32901(a)(1).
** Note: To be considered an alternative fuel, alcohol derived fuels need to be blended at levels of at least 85
  percent of the total mixture when blended with gasoline or other fuels.
*** For dual fuel capable non-electric power source.

    (iii) Minimum letter height and style. The defined minimum letter
size shall be no smaller than 5 millimeters in height and in ``bold-
face'' type.
    (iv) Letter contrast. The fuel compartment labeled text shall be
presented in high contrast to the background color of the material the
text is printed on.

    Issued in Washington, DC, under authority delegated in 49 CFR
part 1.95.
Christopher J. Bonanti,
Associate Administrator for Rulemaking.
[FR Doc. 2014-02957 Filed 2-19-14; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register Volume 85, Number 197 (Friday, October 9, 2020)]
[Notices]
[Pages 64141-64142]
[FR Doc No: 2020-22456]

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

[EPA-HQ-OAR-2010-0690; FRL 10015-59-OAR]

Proposed Information Collection Request; Comment Request; EPA's
Light-Duty In-Use Vehicle Testing Program (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency is planning to submit an
information collection request (ICR), ``EPA's Light-Duty In-Use Vehicle
Testing Program (Renewal); (EPA ICR No. 0222.12, OMB Control No. 2060-
0086)'' to the Office of Management and Budget (OMB) for review and
approval in accordance with the Paperwork Reduction Act. Before doing
so, EPA is soliciting public comments on specific aspects of the
proposed information collection as described below. This is a proposed
extension of the ICR, which is currently approved through June 30,
2021. 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 OMB control number.

DATES: Comments must be submitted on or before December 8, 2020.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OAR-
2010-0690, online using www.regulations.gov (our preferred method), by
email to<EMAIL_ADDRESS>or by mail to: Lynn Sohacki, Compliance
Division, Office of Transportation and Air Quality, U.S. Environmental
Protection Agency, 2000 Traverwood, Ann Arbor, Michigan 48105.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Lynn Sohacki, Compliance Division,
Office of Transportation and Air Quality, U.S. Environmental Protection
Agency, 2000 Traverwood, Ann Arbor,

Michigan 48105; telephone number:<PHONE_NUMBER>; fax number: 734-214-
4869; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information that the EPA will be collecting are available in the
public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Pursuant to section 3506(c)(2)(A) of the PRA, EPA is soliciting
comments and information to enable it to: (i) Evaluate whether the
proposed collection of information is necessary for the proper
performance of the functions of the Agency, including whether the
information will have practical utility; (ii) evaluate the accuracy of
the Agency's estimate of the burden of the proposed collection of
information, including the validity of the methodology and assumptions
used; (iii) enhance the quality, utility, and clarity of the
information to be collected; and (iv) minimize the burden of the
collection of information on those who are to respond, including
through the use of appropriate automated electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses. EPA
will consider the comments received and amend the ICR as appropriate.
The final ICR package will then be submitted to OMB for review and
approval. At that time, EPA will issue another Federal Register notice
to announce the submission of the ICR to OMB and the opportunity to
submit additional comments to OMB.
    Abstract: EPA has an ongoing program to evaluate the emissions
performance of light-duty motor vehicles (i.e., passenger cars and
light trucks) after they have been introduced into commerce. This
program, known as EPA's ``in-use'' program, operates in conjunction
with other motor vehicle emissions testing programs conducted by the
Agency and the light-duty motor vehicle manufacturers. These other test
programs include confirmatory certification testing of prototype
vehicles by manufacturers and EPA and the mandatory manufacturer in-use
verification program (IUVP.) The Clean Air Act directs EPA to ensure
that motor vehicles comply with emissions requirements throughout their
useful lives. The primary purpose of EPA's in-use program is
information gathering. Nevertheless, EPA can require a recall if it
receives information, from whatever source, including in-use testing,
that a ``substantial number'' of any class or category of vehicles or
engines, although properly maintained and used, do not conform to the
emission standards, when in actual use throughout their useful life.
    The EPA in-use program can be broken down into three closely
related components. The first component involves the selection of
classes of passenger cars and light trucks, totaling approximately 119
vehicles, for surveillance testing at EPA's National Vehicle and Fuel
Emissions Laboratory (NVFEL). In some cases, surveillance testing may
be followed by confirmatory testing to develop additional information
related to test failures observed in a class during surveillance
testing. Confirmatory testing involves the selection of approximately
10 passenger cars and light trucks per class, averaging approximately 8
vehicles per year, for further testing at EPA's NVFEL. Confirmatory
testing differs from surveillance testing in that the vehicles must
meet stricter maintenance and use criteria. However, the emissions
tests that are conducted are the same for surveillance and confirmatory
testing. The second program component involves the testing of a subset
of vehicles from the surveillance recruitment for operation of on-board
diagnostics (OBD) systems. EPA does not currently recruit vehicles for
OBD testing but includes the testing in this ICR in the event that OBD
testing is resumed. The third component involves the special
investigation of vehicles to address specific issues. The number of
vehicles procured under this category may vary from year to year.
However, this information request does not ask for approval of the
information burden corresponding to such vehicles because the vehicles
for this program have not been procured from the public recently and,
therefore, there is no information collection burden associated with
this testing. Participation in the telephone screenings to identify
qualifying light-duty vehicles, as well as the vehicle testing, is
strictly voluntary. A group of 25 to 50 potential participants is
identified from state vehicle registration records. These potential
participants are asked to return a form indicating their willingness to
participate and if so, to verify some limited vehicle information.
Three of those who return the form are called and asked several
screening questions concerning vehicle condition, operation and
maintenance. Additional groups of potential participants may be
contacted until a sufficient number of vehicles has been obtained.
Owners verify the vehicle screening information when they deliver their
vehicles to EPA or release the vehicle to EPA, voluntarily provide
maintenance records for copying, receive a cash incentive and, if
requested, a loaner car, and finally receive their vehicle from EPA at
the conclusion of the testing.
    Form Numbers: 5900-304, 5900-305, 5900-306, 5900-307, 5900-308,
5900-309.
    Respondents/affected entities: A group of 25 to 50 potential
participants is identified from state vehicle registration records.
These potential participants are asked to return a form indicating
their willingness to participate and if so, to verify some limited
vehicle information. Three of those who return the form are called and
asked several questions concerning vehicle condition, operation and
maintenance. Additional groups of potential participants may be
contacted until a sufficient number of vehicles have been obtained.
    Respondent's obligation to respond: Voluntary.
    Estimated number of respondents: Approximately 993 vehicle owners/
lessees returned EPA's forms indicating interest in participating in
the program and approximately 127 ultimately participated.
    Frequency of response: On occasion.
    Total estimated burden: 228 hours (per year). Burden is defined at
5 CFR 1320.03(b).
    Total estimated cost: $5,864 (per year), includes $0 annualized
capital or operation & maintenance costs.
    Changes in Estimates: There is a decrease of 74 hours in the total
estimated respondent burden compared with the ICR currently approved by
OMB. This decrease is due to a decrease in the number of responses
returned to EPA by potential participants and the associated burden.

    Dated: October 2, 2020.
Byron J. Bunker,
Director, Compliance Division, Office of Transportation and Air
Quality.
[FR Doc. 2020-22456 Filed 10-8-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 191 (Wednesday, October 6, 2021)]
[Notices]
[Pages 55669-55671]
[FR Doc No: 2021-21864]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-93232; File No. SR-NYSENAT-2021-19]

Self-Regulatory Organizations; NYSE National, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Extend
the Pilot Related to the Market-Wide Circuit Breaker in Rule 7.12

October 1, 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 September 30, 2021, NYSE National, Inc. (``NYSE
National'' 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 self-
regulatory organization. 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.
---------------------------------------------------------------------------

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

    The Exchange proposes to extend the pilot related to the market-
wide circuit breaker in Rule 7.12 to the close of business on March 18,
2022. 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 extend the pilot related to the market-
wide circuit breaker in Rule 7.12 to the close of business on March 18,
2022.

Background

    The Market-Wide Circuit Breaker (``MWCB'') rules, including the
Exchange's Rule 7.12, provide an important, automatic mechanism that is
invoked to promote stability and investor confidence during periods of
significant stress when cash equities securities experience extreme
market-wide declines. The MWCB rules are designed to slow the effects
of extreme price declines through coordinated trading halts across both
cash equity and equity options securities markets.
    The cash equities rules governing MWCBs were first adopted in 1988
and, in 2012, all U.S. cash equity exchanges and FINRA amended their
cash equities uniform rules on a pilot basis (the ``Pilot Rules,''
i.e., Rule 7.12 (a)-(d)).\4\ The Pilot Rules currently provide for
trading halts in all cash equity securities during a severe market
decline as measured by a single-day decline in the S&P 500 Index
(``SPX'').\5\ Under the Pilot Rules, a market-wide trading halt will be
triggered if SPX declines in price by specified percentages from the
prior day's closing price of that index. The triggers are set at three
circuit breaker thresholds: 7% (Level 1), 13% (Level 2), and 20% (Level
3). A market decline that triggers a Level 1 or Level 2 halt after 9:30
a.m. and before 3:25 p.m. would halt market-wide trading for 15
minutes, while a similar market decline at or after 3:25 p.m. would not
halt market-wide trading. (Level 1 and Level 2 halts may occur only
once a day.) A market decline that triggers a Level 3 halt at any time
during the trading day would halt market-wide trading for the remainder
of the trading day.
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 67090 (May 31,
2012), 77 FR 33531 (June 6, 2012) (SR-BATS-2011-038; SR-BYX-2011-
025; SR-BX-2011-068; SR-CBOE-2011-087; SR-C2-2011-024; SR-CHX-2011-
30; SR-EDGA-2011-31; SR-EDGX-2011-30; SR-FINRA-2011-054; SR-ISE-
2011-61; SR-NASDAQ-2011-131; SR-NSX-2011-11; SR-NYSE-2011-48; SR-
NYSEAmex-2011-73; SR-NYSEArca-2011-68; SR-Phlx-2011-129) (``Pilot
Rules Approval Order'').
    \5\ The rules of the equity options exchanges similarly provide
for a halt in trading if the cash equity exchanges invoke a MWCB
Halt. See, e.g., NYSE Arca Rule 6.65-O(d)(4).
---------------------------------------------------------------------------

    The Commission approved the Pilot Rules, the term of which was to
coincide with the pilot period for the Plan to Address Extraordinary
Market Volatility Pursuant to Rule 608 of Regulation NMS (the ``LULD
Plan''),\6\ including any extensions to the pilot period for the LULD
Plan.\7\ In April 2019, the Commission approved an amendment to the
LULD Plan for it to operate on a permanent, rather than pilot,
basis.\8\ In light of the proposal to make the LULD Plan permanent, the
Exchange amended Rule 7.12 to untie the pilot's effectiveness from that
of the LULD Plan and to extend the pilot's effectiveness to the close
of business on October 18, 2019.\9\ The Exchange then filed to extend
the pilot for an additional year to the close of business

on October 18, 2020,\10\ and later, on October 18, 2021.\11\
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release No. 67091 (May 31,
2012), 77 FR 33498 (June 6, 2012). The LULD Plan provides a
mechanism to address extraordinary market volatility in individual
securities.
    \7\ See Securities Exchange Act Release Nos. 67090 (May 31,
2012), 77 FR 33531 (June 6, 2012) (SR-NSX-2011-11) (Approval Order);
and 68779 (January 31, 2013), 78 FR 8638 (February 6, 2013) (SR-NSX-
2013-04) (Notice of Filing and Immediate Effectiveness of Proposed
Rule Change to Delay the Operative Date of Rule 11.20A).
    \8\ See Securities Exchange Act Release No. 85623 (April 11,
2019), 84 FR 16086 (April 17, 2019).
    \9\ See Securities Exchange Act Release No. 85572 (April 9,
2019), 84 FR 15257 (April 15, 2019) (SR-NYSENAT-2019-08).
    \10\ See Securities Exchange Act Release No. 87077 (September
24, 2019), 84 FR 51671 (September 30, 2019) (SR-NYSENAT-2019-21).
    \11\ See Securities Exchange Act Release No. 90133 (October 8,
2020), 85 FR 65121 (October 14, 2020) (SR-NYSENAT-2020-33).
---------------------------------------------------------------------------

    The Exchange now proposes to amend Rule 7.12 to extend the pilot to
the close of business on March 18, 2022. This filing does not propose
any substantive or additional changes to Rule 7.12.
The MWCB Task Force and the March 2020 MWCB Events
    In late 2019, Commission staff requested the formation of a MWCB
Task Force (``Task Force'') to evaluate the operation and design of the
MWCB mechanism. The Task Force included representatives from the SROs,
the Commission, CME, the Commodity Futures Trading Commission
(``CFTC''), and the securities industry and conducted several
organizational meetings in December 2019 and January 2020.
    In Spring 2020, the MWCB mechanism proved itself to be an effective
tool for protecting markets through turbulent times. In March 2020, at
the outset of the worldwide COVID-19 pandemic, U.S. equities markets
experienced four MWCB Level 1 halts, on March 9, 12, 16, and 18, 2020.
In each instance, the markets halted as intended upon a 7% drop in the
S&P 500 Index, and resumed as intended 15 minutes later.
    In response to these events, in the Spring and Summer of 2020, the
Task Force held ten meetings that were attended by Commission staff,
with the goal of performing an expedited review of the March 2020 halts
and identifying any areas where the MWCB mechanism had not worked
properly. Given the risk of unintended consequences, the Task Force did
not recommend changes that were not rooted in a noted deficiency. The
Task Force recommended creating a process for a backup reference price
in the event that SPX were to become unavailable, and enhancing
functional MWCB testing. The Task Force also asked CME to consider
modifying its rules to enter into a limit-down state in the futures
pre-market after a 7% decline instead of 5%. CME made the requested
change, which became effective on October 12, 2020.\12\
---------------------------------------------------------------------------

    \12\ See https://www.cmegroup.com/content/dam/cmegroup/market-regulation/rule-filings/2020/9/20-392_1.pdf; https://www.cmegroup.com/content/dam/cmegroup/market-regulation/rule-filings/2020/9/20-392_2.pdf
---------------------------------------------------------------------------

The MWCB Working Group's Study
    On September 17, 2020, the Director of the Commission's Division of
Trading and Markets asked the SROs to conduct a more complete study of
the design and operation of the Pilot Rules and the LULD Plan during
the period of volatility in the Spring of 2020.
    In response to the request, the SROs created a MWCB ``Working
Group'' composed of SRO representatives and industry advisers that
included members of the advisory committees to both the LULD Plan and
the NMS Plans governing the collection, consolidation, and
dissemination of last-sale transaction reports and quotations in NMS
Stocks. The Working Group met regularly from September 2020 through
March 2021 to consider the Commission's request, review data, and
compile its study. The Working Group's efforts in this respect
incorporated and built on the work of an MWCB Task Force.
    The Working Group submitted its study to the Commission on March
31, 2021 (the ``Study'').\13\ In addition to a timeline of the MWCB
events in March 2020, the Study includes a summary of the analysis and
recommendations of the MWCB Task Force; an evaluation of the operation
of the Pilot Rules during the March 2020 events; an evaluation of the
design of the current MWCB system; and the Working Group's conclusions
and recommendations.
---------------------------------------------------------------------------

    \13\ See Report of the Market-Wide Circuit Breaker (``MWCB'')
Working Group Regarding the March 2020 MWCB Events, submitted March
31, 2021 (the ``Study''), available at https://www.nyse.com/publicdocs/nyse/markets/nyse/Report_of_the_Market-Wide_Circuit_Breaker_Working_Group.pdf.
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    In the Study, the Working Group concluded: (1) The MWCB mechanism
set out in the Pilot Rules worked as intended during the March 2020
events; (2) the MWCB halts triggered in March 2020 appear to have had
the intended effect of calming volatility in the market, without
causing harm; (3) the design of the MWCB mechanism with respect to
reference value (SPX), trigger levels (7%/13%/20%), and halt times (15
minutes) is appropriate; (4) the change implemented in Amendment 10 to
the Plan to Address Extraordinary Market Volatility (the ``Limit Up/
Limit Down Plan'' or ``LULD Plan'') did not likely have any negative
impact on MWCB functionality; and (5) no changes should be made to the
mechanism to prevent the market from halting shortly after the opening
of regular trading hours at 9:30 a.m.
    In light of the foregoing conclusions, the Working Group also made
several recommendations, including that the Pilot Rules should be
permanent without any changes.\14\
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    \14\ See id. at 46.
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Proposal To Extend the Operation of the Pilot Rules Pending the
Commission's Consideration of the New York Stock Exchange LLC's Filing
To Make the Pilot Rules Permanent

    On July 16, 2021, the Exchange's affiliate, the New York Stock
Exchange (``NYSE''), proposed a rule change to make the Pilot Rules
permanent, consistent with the Working Group's recommendations.\15\ On
August 27, 2021, the Commission extended its time to consider the
proposed rule change to October 20, 2021.\16\ The Exchange now proposes
to extend the expiration date of the Pilot Rules to the end of business
on March 18, 2022.
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    \15\ See Securities Exchange Act Release No. 92428 (July 16,
2021), 86 FR 38776 (July 22, 2021) (SR-NYSE-2021-40).
    \16\ See Securities Exchange Act Release No. 92785A (August 27,
2021), 86 FR 50202 (September 7, 2021) (SR-NYSE-2021-40).
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\17\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\18\ in particular, in that it is designed to
promote just and equitable principles of trade, 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. The market-wide circuit breaker mechanism under Rule 7.12 is
an important, automatic mechanism that is invoked to promote stability
and investor confidence during a period of significant stress when
securities markets experience extreme broad-based declines. Extending
the market-wide circuit breaker pilot for an additional five months
would ensure the continued, uninterrupted operation of a consistent
mechanism to halt trading across the U.S. markets while the Commission
reviews the Exchange's proposed rule change to make the Pilot Rules
permanent.
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    \17\ 15 U.S.C. 78f(b).
    \18\ 15 U.S.C. 78f(b)(5).
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    The Exchange also believes that the proposed rule change promotes
just and equitable principles of trade in that it promotes transparency
and uniformity across markets concerning when and how to halt trading
in all stocks as a result of extraordinary market volatility. Based on
the foregoing, the Exchange believes the benefits to market
participants from Pilot Rules should continue on a pilot basis because
they

will promote fair and orderly markets and protect investors and the
public interest.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act because the proposal would
ensure the continued, uninterrupted operation of a consistent mechanism
to halt trading across the U.S. markets while the Commission reviews
the Exchange's proposed rule change to make the Pilot Rules permanent.
    Further, the Exchange understands that FINRA and other national
securities exchanges will file proposals to extend their rules
regarding the market-wide circuit breaker pilot. Thus, the proposed
rule change will help to ensure consistency across market centers
without implicating any competitive issues.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \19\ and Rule 19b-4(f)(6) thereunder.\20\
Because the 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 prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.
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    \19\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \20\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \21\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b4(f)(6)(iii),\22\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange asked
that the Commission waive the 30-day operative delay so that the
proposal may become operative immediately upon filing. Extending the
pilot Rules' effectiveness to the close of business on March 18, 2022
will extend the protections provided by the Pilot Rules, which would
otherwise expire in less than 30 days. Waiver of the operative delay
would therefore permit uninterrupted continuation of the MWCB pilot
while the Commission reviews the Exchange's proposed rule change to
make the Pilot Rules permanent. Therefore, the Commission hereby waives
the 30-day operative delay and designates the proposed rule change as
operative upon filing.\23\
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    \21\ 17 CFR 240.19b-4(f)(6).
    \22\ 17 CFR 240.19b-4(f)(6)(iii).
    \23\ For purposes only of waiving the 30-day operative delay,
the Commission has also 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 under
Section 19(b)(2)(B) \24\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \24\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSENAT-2021-19 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-NYSENAT-2021-19. 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-NYSENAT-2021-19 and should be submitted
on or before October 27, 2021.
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    \25\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\25\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-21864 Filed 10-5-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 14 (Friday, January 21, 2022)]
[Notices]
[Page 3293]
[FR Doc No: 2022-01172]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

    Docket Numbers: ER17-1821-004.
    Applicants: Panda Stonewall LLC.
    Description: Refund Report: Potomac Energy Center, LLC submits
tariff filing per 35.19a(b): Refund Report to be effective N/A.
    Filed Date: 1/14/22.
    Accession Number: 20220114-5146.
    Comment Date: 5 p.m. ET 2/4/22.

    Docket Numbers: ER22-46-003.
    Applicants: Parkway Generation Essex, LLC.
    Description: Tariff Amendment: Supplement to Petition for Order
Accepting for Filing Market-Based Rate Tariff to be effective 12/1/
2021.
    Filed Date: 1/14/22.
    Accession Number: 20220114-5122.
    Comment Date: 5 p.m. ET 2/4/22.

    Docket Numbers: ER22-186-001.
    Applicants: Middletown Coke Company, LLC.
    Description: Tariff Amendment: Supplemental Filing to 187 to be
effective 11/1/2021.
    Filed Date: 1/14/22.
    Accession Number: 20220114-5100.
    Comment Date: 5 p.m. ET 2/4/22.

    Docket Numbers: ER22-764-001.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Amendment: Errata to WMPA, SA No. 6273; Queue
No. AG2-422 in Docket No. ER22-764-000 to be effective 12/7/2021.
    Filed Date: 1/14/22.
    Accession Number: 20220114-5179.
    Comment Date: 5 p.m. ET 2/4/22.

    Docket Numbers: ER22-820-000.
    Applicants: The Potomac Edison Company, PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: The Potomac Edison Company
submits tariff filing per 35.13(a)(2)(iii: Potomac Edison submits
Construction SA No. 6133 Hagerstown-Maple Ave Project to be effective
3/15/2022.
    Filed Date: 1/13/22.
    Accession Number: 20220113-5159.
    Comment Date: 5 p.m. ET 2/3/22.

    Docket Numbers: ER22-821-000.
    Applicants: Spotlight Power LLC.
    Description: Baseline eTariff Filing: Spotlight Power LLC Baseline
MBR Tariff & Application to be effective 2/1/2022.
    Filed Date: 1/14/22.
    Accession Number: 20220114-5065.
    Comment Date: 5 p.m. ET 2/4/22.

    Docket Numbers: ER22-822-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 3164R1 Milligan 3 Wind LLC
GIA Cancellation to be effective 1/9/2022.
    Filed Date: 1/14/22.
    Accession Number: 20220114-5095.
    Comment Date: 5 p.m. ET 2/4/22.

    Docket Numbers: ER22-823-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Amendment to ISA, Service
Agreement No. 3761, Racine ISA (consent) to be effective 12/31/2013.
    Filed Date: 1/14/22.
    Accession Number: 20220114-5129.
    Comment Date: 5 p.m. ET 2/4/22.

    Docket Numbers: ER22-824-000.
    Applicants: Mid-Atlantic Interstate Transmission, LLC, PJM
Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Mid-Atlantic Interstate
Transmission, LLC submits tariff filing per 35.13(a)(2)(iii: MAIT
submits SA No. 6148 Tipton ECSA to be effective 3/16/2022.
    Filed Date: 1/14/22.
    Accession Number: 20220114-5160.
    Comment Date: 5 p.m. ET 2/4/22.

    Docket Numbers: ER22-825-000.
    Applicants: American Transmission Systems, Incorporated, PJM
Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: American Transmission
Systems, Incorporated submits tariff filing per 35.13(a)(2)(iii: ATSI
submits two ECSAs, SA Nos. 6142 Ivanhoe & 6149 Ontario to be effective
3/16/2022.
    Filed Date: 1/14/22.
    Accession Number: 20220114-5167.
    Comment Date: 5 p.m. ET 2/4/22.

    Docket Numbers: ER22-826-000.
    Applicants: Mid-Atlantic Interstate Transmission, LLC, Pennsylvania
Electric Company, PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Mid-Atlantic Interstate
Transmission, LLC submits tariff filing per 35.13(a)(2)(iii: MAIT,
Penelec and AEC submit SA No. 5775 Saltillo Construction Agreement to
be effective 3/16/2022.
    Filed Date: 1/14/22.
    Accession Number: 20220114-5174.
    Comment Date: 5 p.m. ET 2/4/22.

    Docket Numbers: ER22-827-000.
    Applicants: Kentucky Utilities Company.
    Description: Sec.  205(d) Rate Filing: Amended and Restated
Agreement for Borderline Service with Appalachian Power Co to be
effective 1/17/2022.
    Filed Date: 1/14/22.
    Accession Number: 20220114-5178.
    Comment Date: 5 p.m. ET 2/4/22.

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

    Docket Numbers: ES22-25-000.
    Applicants: Union Electric Company d/b/a Ameren Missouri.
    Description: Application Under Section 204 of the Federal Power Act
for Authorization to Issue Securities of Union Electric Company.
    Filed Date: 1/14/22.
    Accession Number: 20220114-5175.
    Comment Date: 5 p.m. ET 2/4/22.

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

    Dated: January 14, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-01172 Filed 1-20-22; 8:45 am]
BILLING CODE 6717-01-P