[Federal Register Volume 82, Number 93 (Tuesday, May 16, 2017)]
[Notices]
[Pages 22598-22600]
[FR Doc No: 2017-09813]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80640; File No. SR-BX-2017-013]

Self-Regulatory Organizations; NASDAQ BX, Inc.; Order Granting
Approval of a Proposed Rule Change, as Modified by Amendment No. 1, To
Shorten the Settlement Cycle From T+3 to T+2

May 10, 2017.

I. Introduction

    On March 9, 2017, NASDAQ BX, Inc. (``Exchange'') filed with the
Securities and Exchange Commission (``Commission''), pursuant to
Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\
and Rule 19b-4 thereunder,\2\ a proposed rule change to conform its
rules to an amendment proposed by the Commission to Rule 15c6-1(a) \3\
under the Act to shorten the standard settlement cycle for most broker-
dealer transactions from three business days after the trade date
(``T+3'') to two business days after the trade date (``T+2'').\4\ On
March 13, 2017, the Exchange filed Amendment No. 1 to the proposed rule
change.\5\ On March 22, 2017, the Commission adopted an amendment to
Rule 15c6-1(a) under the Act to shorten the standard settlement cycle
to T+2 and set a compliance date of September 5, 2017.\6\ The
Exchange's proposed rule change, as modified by Amendment No.1, was
published for comment in the Federal Register on March 27, 2017.\7\ The
Commission did not receive any comment letters on the proposed rule
change, as modified by Amendment No. 1. This order approves the
proposed rule change, as modified by Amendment No. 1.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.15c6-1(a).
    \4\ See Securities Exchange Act Release No. 78962 (September 28,
2016), 81 FR 69240 (October 5, 2016) (Amendment to Securities
Transaction Settlement Cycle) (File No. S7-22-16).
    \5\ In Amendment No. 1, the Exchange proposes to capitalize the
letter ``d'' in the word ``department'' in the proposed revisions to
Rule 11140(b)(1), as set forth in Exhibit 5 to the filing, to
conform to the Exchange's current rule text.
    \6\ See Securities Exchange Act Release No. 80295 (March 22,
2017), 82 FR 15564 (March 29, 2017) (``SEC Adopting Release'').
    \7\ See Securities Exchange Act Release No. 80282 (March 21,
2017), 82 FR 15258.
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II. Description of the Proposal, as Modified by Amendment No. 1

    The Exchange proposes to amend Exchange Rules 11140 (Transactions
in Securities ``Ex-Dividend,'' ``Ex-Rights'' or ``Ex-Warrants''), 11150
(Transactions ``Ex-Interest'' in Bonds Which Are Dealt in ``Flat''),
11210 (Sent by Each Party), 11320 (Dates of Delivery), 11620
(Computation of Interest), and IM-11810 (Sample Buy-In Forms), to
conform to the Commission's proposed amendment to Rule 15c6-1(a) under
the Act that would shorten the standard settlement cycle for most
broker-dealer transactions from T+3 to T+2.
    Exchange Rule 11140(b)(1) concerns the determination of normal ex-
dividend and ex-warrants dates for certain types of dividends and
distributions. Currently, with respect to cash dividends or
distributions, or stock dividends, and the issuance or distribution of
warrants, which are less than 25% of the value of the subject security,
if the definitive information is received sufficiently in advance of
the record date, the date designated as the ``ex-dividend date'' is the
second business day preceding the record date if the record date falls
on a business day, or the third business day preceding the record date
if the record date falls on a day designated by the Exchange's
Regulation Department as a non-delivery day. Under the proposal, the
``ex-dividend date'' would be the first business day preceding the
record date if the record date falls on a business day, or the second
business day preceding the record date if the record date falls on a
day designated by the Exchange's Regulation Department as a non-
delivery date.
    Exchange Rule 11150(a) concerns the determination of normal ex-
interest dates for certain types of transactions. Currently, all
transactions, except ``cash'' transactions, in bonds or similar
evidences of indebtedness which are traded ``flat'' are ``ex-interest''
on the second business day preceding the record date if the record date
falls on a business day, on the third business day preceding the record
date if the record date falls on a day other than a business day, and
on the third business day preceding the date on which an interest
payment is to be made if no record date has been fixed. Under the
proposal, these transactions would be ``ex-interest'' on the first
business day preceding the record date if the record date falls on a
business day, on the second business day preceding the record date if
the record date falls on a day other than a business day, and on the
second business day preceding the date on which an interest payment is
to be made if no record date has been fixed.
    Exchange Rules 11210(c) and (d) set forth ``DK'' procedures using
``Don't Know Notices'' and other forms of notices, respectively.\8\
Exchange Rule 11210(c) currently provides that, when a party to a
transaction sends a comparison or confirmation of a trade, but does not
receive a comparison or confirmation or a signed DK from the contra-
member by the close of four business days following the trade date of
the transaction, the party may use the procedures set forth in the
rule. The Exchange proposes to shorten the ``four business days'' time
period to one business day. Exchange Rule 11210(c)(2)(A) currently
provides that a contra-member has four business days

after the ``Don't Know Notice'' is received to either confirm or DK the
transaction in accordance with Exchange Rule 11210(c)(2)(B) or (C). The
Exchange proposes to shorten the ``four business days'' time period to
two business days.\9\ Exchange Rule 11210(c)(3) currently provides that
if the confirming member does not receive a response from the contra-
member by the close of four business days after receipt by the
confirming member the fourth copy of the ``Don't Know Notice'' if
delivered by messenger, or the post office receipt if delivered by
mail, such shall constitute a DK and the confirming member shall have
no further liability for the trade. The Exchange proposes to shorten
the ``four business days'' time period to two business days.
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    \8\ Exchange Rule 11210 does not apply to transactions that
clear through the National Securities Clearing Corporation or other
clearing organizations registered under the Act. See Exchange Rule
11210(a)(4).
    \9\ The Exchange also proposes to make non-substantive,
formatting changes to Exchange Rule 11210(c)(2)(A).
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    The Exchange proposes similar changes to Exchange Rule 11210(d).
Exchange Rule 11210(d) currently provides that, when a party to a
transaction sends a comparison or confirmation of a trade, but does not
receive a comparison or confirmation or a signed DK from the contra-
member by the close of four business days following the date of the
transaction, the party may use the procedures set forth in the rule.
The Exchange proposes to shorten the ``four business days'' time period
to one business day. Exchange Rule 11210(d)(5) currently provides that
if the confirming member does not receive a response in the form of a
notice from the contra-member by the close of four business days after
receipt of the confirming member's notice, such shall constitute a DK
and the confirming member shall have no further liability. The Exchange
proposes to shorten the ``four business days'' time period to two
business days.
    Exchange Rule 11320 prescribes delivery dates for various types of
transactions. Exchange Rule 11320(b) currently provides that in
connection with a transaction ``regular way,'' delivery is made at the
office of the purchaser on, but not before, the third business day
following the date of the transaction. Under the proposal, delivery
would be required to be made on, but not before, the second business
day following the date of the transaction. Exchange Rule 11320(c)
currently provides in part that, in connection with a transaction
``seller's option,'' delivery may be made by the seller on any business
day after the third business day following the date of transaction and
prior to the expiration of the option, provided the seller delivers at
the office of the purchaser, on a business day preceding the day of
delivery, written notice of intention to deliver. Under the proposal,
delivery may be made by the seller on any business day after the second
business day following the date of the transaction and prior to
expiration of the option.\10\
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    \10\ The Exchange also proposes to make a non-substantive change
to Exchange Rule 11320(c).
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    Exchange Rule 11620 governs the computation of interest. Exchange
Rule 11620(a) currently provides in part that, in the settlement of
contracts in interest-paying securities other than for ``cash,'' there
shall be added to the dollar price interest at the rate specified in
the security, which shall be computed up to but not including the third
business day following the date of the transaction. Under the proposal,
the interest would be computed up to but not including the second
business day following the date of the transaction.\11\
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    \11\ The Exchange also proposes to capitalize certain words in
the title of Exchange Rule 11620(a).
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    Exchange Rule IM-11810(i)(1)(A) sets forth the circumstances under
which a receiving member may deliver a Liability Notice to the
delivering member as an alternative to the close-out procedures set
forth in Exchange Rule IM-11810(a)-(g). Currently, when the parties to
a contract are not both participants in a registered clearing agency
that has an automated service for notifying a failing party of the
liability that will be attendant to a failure to deliver, the notice
must be issued using written or comparable electronic media having
immediate receipt capabilities ``no later than one business day prior
to the latest time and the date of the offer or other event'' in order
to obtain the protection provided by the rule. Under the proposal, the
notice must be ``sent as soon as practicable but not later than two
hours prior to the cutoff time set forth in the instructions on a
specific offer or other event'' in order to obtain the protection
provided by the rule.
    The Exchange represents that it will announce the operative date of
the proposed rule change in an Equity Regulatory Alert, which date
would correspond with the industry-led transition to a T+2 standard
settlement, and the compliance date of the amendment to Rule 15c6-1(a)
under the Act.\12\
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    \12\ See SEC Adopting Release, supra note 6.
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III. Discussion and Commission's Findings

    After careful review of the proposed rule change, as modified by
Amendment No. 1, the Commission finds that the proposal is consistent
with the requirements of the Act and the rules and regulations
thereunder that are applicable to a national securities exchange.\13\
Specifically, the Commission finds that the proposed rule change, as
modified by Amendment No. 1, is consistent with Section 6(b)(5) of the
Act,\14\ which requires that the rules of a national securities
exchange be designed, among other things, 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 regulating, clearing, settling, processing
information with respect to, and facilitating transactions in
securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and to protect
investors and the public interest.
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    \13\ In approving this proposed rule change, as modified by
Amendment No. 1, the Commission has considered the proposed rule's
impact on efficiency, competition, and capital formation. See 15
U.S.C. 78c(f).
    \14\ 15 U.S.C. 78f(b)(5).
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    The Commission notes that the proposed rule change, as modified by
Amendment No. 1, would amend Exchange rules to conform to the amendment
that the Commission has adopted to Rule 15c6-1(a) under the Act \15\
and support a move to a T+2 standard settlement cycle. In the SEC
Adopting Release, the Commission stated its belief that shortening the
standard settlement cycle from T+3 to T+2 will result in a reduction of
credit, market, and liquidity risk,\16\ and as a result a reduction in
systemic risk for U.S. market participants.\17\ The compliance date for
the amendment to Rule 15c6-1(a) under the Act is September 5, 2017.\18\
The Exchange has represented that it would announce the operative date
of the proposed rule change in an Equity Regulatory Alert and that such
date would correspond to the compliance date of the amendment to Rule
15c6-1(a) under the Act.
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    \15\ See SEC Adopting Release, supra note 6.
    \16\ Credit risk refers to the risk that the credit quality of
one party to a transaction will deteriorate to the extent that it is
unable to fulfill its obligations to its counterparty on settlement
date. Market risk refers to the risk that the value of securities
bought and sold will change between trade execution and settlement
such that the completion of the trade would result in a financial
loss. Liquidity risk describes the risk that an entity will be
unable to meet financial obligations on time due to an inability to
deliver funds or securities in the form required though it may
possess sufficient financial resources in other forms. See id., at
15564 n. 3.
    \17\ See id. at 15564.
    \18\ See id.
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    For the reasons noted above, the Commission finds that the
proposal, as modified by Amendment No. 1, is

consistent with the requirements of the Act and would foster
cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and protect investors and the public interest.

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\19\ that the proposed rule change, (SR-BX-2017-013), as modified
by Amendment No. 1, be and hereby is, approved.
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    \19\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
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    \20\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-09813 Filed 5-15-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 53 (Tuesday, March 21, 2017)]
[Notices]
[Pages 14558-14559]
[FR Doc No: 2017-05500]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80251; File No. SR-PEARL-2017-11]

Self-Regulatory Organizations; MIAX PEARL, LLC; Notice of Filing
and Immediate Effectiveness of a Proposed Rule Change To Amend MIAX
PEARL Rules 100, 404, 515, 529, 601 and the Title Pages of Chapter VIII
and Chapter XI

March 15, 2017.
    Pursuant to the provisions of Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice
is hereby given that on March 3, 2017, MIAX PEARL, LLC (``MIAX PEARL''
or ``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') a proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 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 is filing a proposal to make minor corrective changes
to Exchange Rules 100, 404.02(d), 515(f), 529(b)(2)(ii), 601(b),
601(b)(2), 601(b)(4), 601(b)(5), 601(c)(1), 601(c)(1)(ii), 601(c)(2),
601(c)(3), and the title pages to Chapter VIII and Chapter XI.
    The text of the proposed rule change is available on the Exchange's
Web site at http://www.miaxoptions.com/rule-filings/pearl at MIAX
PEARL's principal office, and at the Commission's Public Reference
Room.

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

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

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

1. Purpose
    The Exchange proposes to make minor corrective changes to Exchange
Rule 100, Definitions; Rule 404, Series of Option Contracts Open for
Trading; Rule 515, Execution of Orders; Rule 529, Order Routing to
Other Exchanges; Rule 601, Obligations of Market Maker Authorized
Traders; and the title pages of Chapter VIII and Chapter XI. First, the
Exchange proposes to amend Exchange Rule 100, Definitions, to correct a
typographical error in the last word of the first sentence in the
definition of Priority Customer. Currently, the definition reads,
``[t]he term `Priority Customer' means a person or entity that (i) is
not a broker or dealer in securities, and (ii) does not place more than
390 orders in listed options per day on average during a calendar month
for its own beneficial accounts(s).'' The word accounts should not be
plural in this instance and instead should read, ``account(s)''.
Therefore, the Exchange proposes to amend this rule to replace the word
``accounts'' with ``account.''
    Second, the Exchange proposes to amend Exchange Rule 404, Series of
Option Contracts Open for Trading, Interpretations and Policies .02,
Short Term Option Series Program, to correct a typographical error in
paragraph (d). The fourth sentence in the paragraph begins, ``Market
makers,'' whereas ``makers'' should be capitalized. Therefore, the
Exchange proposes to amend the rule to replace the term ``Market
makers,'' with ``Market Makers.''
    Third, the Exchange proposes to amend Exchange Rule 515(f) to make
a minor grammatical correction by removing a superfluous word from the
last sentence which reads, ``[u]nexecuted contracts remaining from an
ISO order will be immediately canceled. ISO is an acronym for
Intermarket Sweep Order. Having the word ``order'' follow ISO is
unnecessary and redundant. Therefore, the Exchange proposes to amend
the rule to remove the word ``order'' from the sentence.
    Fourth, the Exchange proposes to amend Exchange Rule 529(b)(2)(ii)
to make a minor grammatical correction by removing a superfluous word
from the first sentence which reads, ``[t]he System will route ISO
orders representing Eligible Orders to away markets disseminating
prices better than the Exchange's disseminated market.'' ISO is an
acronym for Intermarket Sweep Order. Having the word ``order'' follow
ISO is unnecessary and redundant. Therefore, the Exchange proposes to
amend the rule to remove the word ``order'' from the sentence.
Additionally, the Exchange proposes to add an ``s'' to the end of
``ISO'' to indicate that the reference is not for a singular order.
    Fifth, the Exchange proposes to amend Exchange Rule 601(b),
601(b)(2), 601(b)(4), 601(b)(5), 601(c)(1), 601(c)(1)(ii), 601(c)(2),
and 601(c)(3), to make minor grammatical corrections. The Exchange
proposes to replace the indefinite article ``a'' in the phrase ``a
MMAT'' with the indefinite article ``an'' to improve the readability
and precision of the rule.
    Sixth, the Exchange proposes to amend the title page of Chapter
VIII, Records, Reports and Audits, to correct a minor typographical
error. The fourth sentence contains the number 2 whereas it should read
``MIAX PEARL'' instead. Currently, the fourth sentence reads,
``[s]olely by way of example, and not in limitation or exhaustion: the
defined term ``Exchange'' in the Chapter VIII Rules shall be read to
refer to MIAX PEARL; the defined term ``Rule'' in the Chapter VIII
Rules shall be read to refer to the 2 Rule; [. . .].'' Therefore, the
Exchange proposes to amend the Rule to replace the number 2 with the
words ``MIAX PEARL.''

    Finally, the Exchange proposes to amend the title page of Chapter
XI, Hearings, Review and Arbitration, to correct a minor typographical
error. The fourth sentence contains the letters ``MI'' whereas it
should read ``MIAX PEARL'' instead. Currently, the fourth sentence
reads, ``[s]olely by way of example, and not in limitation or in
exhaustion: the defined term `Exchange' in Chapter XI Rules shall be
read to refer to MI;'' The Exchange proposes to amend the Rule to
insert the word ``the'' preceding the word ``Chapter,'' and to replace
``MI'' with ``MIAX PEARL.'' The proposed revised fourth sentence would
then read, ``[s]olely by way of example, and not in limitation or in
exhaustion: the defined term `Exchange' in the Chapter XI Rules shall
be read to refer to MIAX PEARL;''.
2. Statutory Basis
    MIAX PEARL believes that its proposed rule change is consistent
with Section 6(b) of the Act \3\ in general, and furthers the
objectives of Section 6(b)(5) of the Act \4\ in particular, in that 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
mechanisms of a free and open market and a national market system and,
in general, to protect investors and the public interest.
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    \3\ 15 U.S.C. 78f(b).
    \4\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes the proposed changes promote just and
equitable principles of trade, remove impediments to and perfect the
mechanism of a free and open market and a national market system
because they seek to correct typographical and grammatical errors to
improve the readability of the rules. The Exchange notes that the
proposed changes to Exchange Rule 100, 404.02(d), 515(f),
529(b)(2)(ii), 601(b), 601(b)(2), 601(b)(4), 601(b)(5), 601(c)(1),
601(c)(1)(ii), 601(c)(2), 601(c)(3), and the title pages of Chapter
VIII and XI, do not alter the application of each rule. As such, the
proposed amendments would foster cooperation and coordination with
persons engaged in facilitating transaction in securities and would
remove impediments to and perfect the mechanism of a free and open
market and a national market system. In particular, the Exchange
believes that the proposed rule changes will provide greater clarity to
Members and the public regarding the Exchange's Rules, and it is in the
public interest for rules to be accurate and concise so as to eliminate
the potential for confusion.

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 that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed rule changes
are not designed to address any competitive issues but rather are
designed to add additional clarity and to remedy minor non-substantive
issues in the text of various rules identified in this proposal.
    The Exchange does not believe that the proposed rule changes will
impose any burden on intermarket competition as the Rules apply equally
to all Exchange Members.

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

    Written comments were neither solicited nor received.

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 after the date of the filing, or such
shorter time as the Commission may designate, it has become effective
pursuant to 19(b)(3)(A) of the Act \5\ and Rule 19b-4(f)(6) \6\
thereunder.
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    \5\ 15 U.S.C. 78s(b)(3)(A).
    \6\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file 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.
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission 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_ADDRESS>Please include
File Number SR-PEARL-2017-11 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-PEARL-2017-11. 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 Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site 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; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-PEARL-2017-11 and should be
submitted on or before April 11, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
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    \7\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-05500 Filed 3-20-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: August 18, 2010 (Volume 75, Number 159)]
[Notices]
[Page 51043-51045]
[DOCID:fr18au10-91]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2010-0628; FRL-8839-8]

Pesticide Experimental Use Permit; Receipt of Application;
Comment Request

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces EPA's receipt of an application 524-EUP-
RNR from Monsanto Company requesting an experimental use permit (EUP)
for the plant-incorporated protectants (PIPs), Bacillus thuringiensis
(Bt ) Vip3Aa19

protein and the genetic material necessary for its production (vector
pCOT1) in event COT102 cotton, Bt Cry1Ac protein and the genetic
material necessary for its production (vector PV-GHBK04) in event MON
15985 cotton, and Bt Cry2Ab2 protein and the genetic material necessary
for its production (vector PV-GHBK11) in event MON 15985 cotton. The
Agency has determined that the permit 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 September 17, 2010.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2010-0628, by one of the following methods:
     Federal eRulemaking Portal:  http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2010-0628. EPA's policy is that all comments received will be included
in the 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 automatically captured and included as part
of the comment that is placed in the docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index
available at http://www.regulations.gov. 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, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of
operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal holidays. The Docket Facility telephone
number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Denise Greenway, Biopesticides and
Pollution Prevention Division (7511P), 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
pesticidal substances under the Federal Food, Drug, and Cosmetic 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 ID 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.
    3. Environmental justice. EPA seeks to achieve environmental
justice, the fair treatment and meaningful involvement of any group,
including minority and/or low income populations, in the development,
implementation, and enforcement of environmental laws, regulations, and
policies. To help address potential environmental justice issues, the
Agency seeks information on any groups or segments of the population
who, as a result of their location, cultural practices, or other
factors, may have atypical or disproportionately high and adverse

human health impacts or environmental effects from exposure to the
pesticide(s) discussed in this document, compared to the general
population.

II. What Action is the Agency Taking?

    Under Section 5 of the Federal Insecticide, Fungicide and
Rodenticide Act (FIFRA), 7 U.S.C. 136c, EPA can allow manufacturers to
field test pesticides under development. Manufacturers are required to
obtain an EUP before testing new pesticides or new uses of pesticides
if they conduct experimental field tests on 10 acres or more of land or
one acre or more of water.
    Pursuant to 40 CFR 172.11(a), the Agency has determined that the
following EUP application may be of regional and national significance,
and therefore is seeking public comment on the EUP application:
    Submitter: Monsanto Company, (524-EUP-RNR).
    Pesticide Chemical: Bacillus thuringiensis (Bt ) Vip3Aa19 protein
and the genetic material necessary for its production (vector pCOT1) in
event COT102 cotton, Bt Cry1Ac protein and the genetic material
necessary for its production (vector PV-GHBK04) in event MON 15985
cotton, and Bt Cry2Ab2 protein and the genetic material necessary for
its production (vector PV-GHBK11) in event MON 15985 cotton.
    Summary of Request: The non-food 524-EUP-RNR application is for
1897 acres of PIP test materials, 909 acres of non-PIP materials, and
10857 acres of border plantings for a total of 13,663 acres. Proposed
shipment/use dates are December 1, 2010 to June 30, 2012.
    Eight trial protocols will be conducted:
     Breeding and observation nursery.
     Seed increase.
     Yield and herbicide tolerance trials.
     Insect efficacy trials.
     Product characterization and performance trials.
     Insect resistance management trials.
     Benefit trials.
     Seed treatment trials.
    States and Commonwealth involved are: Alabama, Arkansas, Arizona,
California, Florida, Georgia, Hawaii, Kansas, Kentucky, Louisiana,
Maryland, Missouri, Mississippi, New Mexico, North Carolina, Oklahoma
Puerto Rico, South Carolina, Tennessee, Texas and Virginia.
    A copy of the application and any information submitted is
available for public review in the docket established for this EUP
application as described under ADDRESSES.
    Following the review of the application and any comments and data
received in response to this solicitation, EPA will decide whether to
issue or deny the EUP request, and if issued, the conditions under
which it is to be conducted. Any issuance of an EUP will be announced
in the Federal Register.

List of Subjects

    Environmental protection, Experimental use permits.

    Dated: August 9, 2010.
W. Michael McDavit,
Acting Director, Biopesticides and Pollution Prevention Division,
Office of Pesticide Programs.

[FR Doc. 2010-20174 Filed 8-17-10; 8:45 am]
BILLING CODE 6560-50-S


[Federal Register Volume 82, Number 215 (Wednesday, November 8, 2017)]
[Proposed Rules]
[Pages 51787-51788]
[FR Doc No: 2017-24216]

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

40 CFR Part 60

[EPA-HQ-OAR-2017-0355; FRL-9970-58-OAR]
RIN 2060-AT55

Repeal of Carbon Pollution Emission Guidelines for Existing
Stationary Sources: Electric Utility Generating Units

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; notice of public hearing and extension of
comment period.

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

SUMMARY: On October 16, 2017, the Environmental Protection Agency (EPA)
published a proposal to announce its intention to repeal the Carbon
Pollution Emission Guidelines for Existing Stationary Sources: Electric
Utility Generating Units, commonly referred to as the Clean Power Plan
(CPP), as promulgated on October 23, 2015. The proposal also requested
public comment on the proposed rule. The EPA is announcing that a
public hearing will be held. In addition, the EPA is extending the
public comment period.

DATES: The public hearing for the proposed rule (82 FR 48035) will be
held November 28 and 29, 2017. The deadline for accepting written
comments is being extended by 32 days to January 16, 2018.

ADDRESSES: The public hearing will be held on November 28 and 29, 2017,
at the West Virginia Capitol Complex, 1900 Kanawha Boulevard East,
Charleston, West Virginia 25305. The hearing will convene at 9:00 a.m.
(Eastern Standard Time) and will conclude at 5:00 p.m. (Eastern
Standard Time). If the EPA receives a high volume of requests, we may
continue the public hearing to November 30, 2017, at the Capitol
Complex. The EPA may also hold an additional hearing to be announced at
a later date. The EPA will make every effort to accommodate all
speakers. The EPA's Web site for the rulemaking, which includes the
proposal and information about the hearing, can be found at: https://www.epa.gov/stationary-sources-air-pollution/electric-utility-generating-units-repealing-clean-power-plan. Written comments on the
proposed rule may be submitted to the EPA electronically, by mail, by
facsimile or through hand delivery/courier. Please refer to the
proposal (82 FR 48035) for the addresses and detailed instructions.
    How To Register: If you would like to present oral testimony at the
public hearing, registration will begin on November 8, 2017. The last
day to register to present oral testimony will be November 16, 2017. To
register to speak at the hearing, please use the online registration
form available at: https://www.epa.gov/stationary-sources-air-pollution/electric-utility-generating-units-repealing-clean-power-plan
or contact Tanya Johnson at<PHONE_NUMBER>; email address:
[email protected]. We request the following information: The time you
wish to speak (morning or afternoon), name, affiliation, email address,
and telephone number. If you require the service of a translator or
accommodation, please let us know at the time of registration. Once
registration closes, the EPA will allocate available morning and
afternoon pre-registered speaking slots and confirm those via email
starting on November 17, 2017. Please note that updates made to any
aspect of the hearing will be posted online at: https://www.epa.gov/stationary-sources-air-pollution/electric-utility-generating-units-repealing-clean-power-plan. While the EPA expects the hearing to go
forward as set forth above, it asks that you monitor its Web site or
contact Tanya Johnson at<PHONE_NUMBER>; email address
[email protected] to determine if there are any updates to the
information on the hearing. The EPA does not intend to publish a notice
in the Federal Register announcing any such updates.
    Questions concerning the proposed rule that was published in the
Federal Register on October 16, 2017, should be addressed to Mr. Peter
Tsirigotis, Office of Air Quality Planning and Standards, Sector
Policies and Programs Division (D205-01), Environmental Protection
Agency, Research Triangle Park, North Carolina 27711; telephone number:
(888) 627-7764; email address: [email protected].

SUPPLEMENTARY INFORMATION: The proposal for which the EPA is holding
the public hearing was published in the Federal Register on October 16,
2017, and is available at: https://www.epa.gov/stationary-sources-air-pollution/electric-utility-generating-units-repealing-clean-power-plan
and also in the docket identified below. The public hearing will
provide interested parties the opportunity to present oral comments
regarding the EPA's proposed repeal, including data, views, or
arguments concerning the proposal. The EPA may ask clarifying questions
during the oral presentations, but will not respond to the
presentations at that time. Written statements and supporting
information submitted during the comment period will be considered with
the same weight as any oral comments and supporting information
presented at the public hearing. The period for providing written
comments to the EPA will remain open until January 16, 2018.
    Once the EPA learns how many people have registered to speak at the
public hearing, it will allocate speaking times, allowing time for
necessary breaks. In addition, a block of time will be reserved for
anyone in the audience who wants to give testimony. For planning
purposes, each speaker should anticipate speaking for no more than 5
minutes, although we might need to shorten that time if there is a
large turnout. The EPA encourages commenters to submit to the docket a
copy of their testimony electronically (via email or CD) or in hard
copy form.

    The public hearing schedule, including lists of speakers, will be
posted on the EPA's Web site at: https://www.epa.gov/stationary-sources-air-pollution/electric-utility-generating-units-repealing-clean-power-plan. Verbatim transcripts of the hearing and written
statements will be included in the docket for the rulemaking. The EPA
will make every effort to follow the schedule as closely as possible on
the day of the hearing; however, please plan for the hearing to run
either ahead of schedule or behind schedule.

How can I get copies of this document and other related information?

    The EPA has established a docket for the proposed rule, ``Repeal of
Carbon Pollution Emission Guidelines for Existing Stationary Sources:
Electric Utility Generating Units'' under Docket ID No. EPA-HQ-OAR-
2017-0355, available at: http://www.regulations.gov.

    Dated: November 2, 2017.
E. Scott Pruitt,
Administrator.
[FR Doc. 2017-24216 Filed 11-7-17; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 176 (Monday, September 12, 2016)]
[Notices]
[Pages 62766-62767]
[FR Doc No: 2016-21886]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2009-0043]

Access to Employee Exposure and Medical Records; Extension of the
Office of Management and Budget's (OMB) Approval of Information
Collection (Paperwork) Requirements

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Request for public comments.

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

SUMMARY: OSHA solicits public comments concerning its proposal to
extend the Office of Management and Budget's (OMB) approval of the
information collection requirements contained in the Access to Employee
Exposure and Medical Records Standard (29 CFR 1910.1020).

DATES: Comments must be submitted (postmarked, sent, or received) by
November 14, 2016.

ADDRESSES: Electronically: You may submit comments and attachments
electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
    Facsimile: If your comments, including attachments, are not longer
than 10 pages you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, messenger, or courier service:
When using this method, you must submit your comments and attachments
to the OSHA Docket Office, Docket No. OSHA-2009-0043, Occupational
Safety and Health Administration, U.S. Department of Labor, Room N-
2625, 200 Constitution Avenue NW., Washington, DC 20210. Deliveries
(hand, express mail, messenger, and courier service) are accepted
during the Department of Labor's and Docket Office's normal business
hours, 8:15 a.m. to 4:45 p.m., e.t.
    Instructions: All submissions must include the Agency name and the
OSHA docket number (OSHA-2009-0043) for the Information Collection
Request (ICR). All comments, including any personal information you
provide, are placed in the public docket without change, and may be
made available online at http://www.regulations.gov. For further
information on submitting comments see the ``Public Participation''
heading in the section of this notice titled SUPPLEMENTARY INFORMATION.
    Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the address above. All documents in the docket (including this Federal
Register notice) are listed in the http://www.regulations.gov index;
however, some information (e.g., copyrighted material) is not publicly
available to read or download from the Web site. All submissions,
including copyrighted material, are available for inspection and
copying at the OSHA Docket Office. You may also contact Theda Kenney at
the address below to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Theda Kenney or Todd Owen, Directorate
of Standards and Guidance, OSHA, U.S. Department of Labor, Room N-3609,
200 Constitution Avenue NW., Washington, DC 20210; telephone (202) 693-
2222.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of its continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance consultation program to provide the public with an
opportunity to comment on proposed and continuing collection of
information requirements in accord with the Paperwork Reduction Act
(PRA) (44 U.S.C. 3506(c)(2)(A)). This program ensures that information
is in the desired format, reporting burden (time and costs) is minimal,
collection instruments are clearly understood, and OSHA's estimate of
the information

collection burden is accurate. The Occupational Safety and Health Act
of 1970 (the OSH Act) (29 U.S.C. 651 et seq.) authorizes information
collection by employers as necessary or appropriate for enforcement of
the OSH Act or for developing information regarding the causes and
prevention of occupational injuries, illnesses, and accidents (29
U.S.C. 657). The OSH Act also requires that OSHA obtain such
information with minimum burden upon employers, especially those
operating small businesses, and to reduce to the maximum extent
feasible unnecessary duplication of efforts in obtaining information
(29 U.S.C. 657).
    Under the authority granted by the OSH Act, OSHA published a health
regulation governing access to employee exposure monitoring data and
medical records. This regulation does not require employers to collect
any information or to establish any new systems of records. Rather, it
requires that employers provide workers, their designated
representatives, and OSHA with access to employee exposure monitoring
and medical records, and any analyses resulting from these records that
employers must maintain under OSHA's toxic chemical and harmful
physical agent standards. In this regard, the regulation specifies
requirements for record access, record retention, worker information,
trade secret management, and record transfer. Accordingly, the Agency
attributes the burden hours and costs associated with exposure
monitoring and measurement, medical surveillance, and the other
activities required to generate the data governed by the regulation to
the health standards that specify these activities; therefore, OSHA did
not include these burden hours and costs in this ICR.
    Access to exposure and medical information enables employees and
their designated representatives to become directly involved in
identifying and controlling occupational health hazards, as well as
managing and preventing occupationally-related health impairment and
disease. Providing the Agency with access to the records permits it to
ascertain whether or not employers are complying with the regulation,
as well as with the recordkeeping requirements of its other health
standards; therefore, OSHA access provides additional assurance that
workers and their designated representatives are able to obtain the
data they need to conduct their analyses.

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
     Whether the proposed collection of information
requirements are necessary for the proper performance of the Agency's
functions, including whether the information is useful;
     The accuracy of OSHA's estimate of the burden (time and
costs) of the collection of information requirements, including the
validity of the methodology and assumptions used;
     The quality, utility, and clarity of the information
collected; and
     Ways to minimize the burden on employers who must comply;
for example, by using automated or other technological information
collection and transmission techniques.

III. Proposed Actions

    The Agency is requesting an adjustment decrease of 14,477 burden
hours (from 730,515 to 716,038 burden hours). The decrease is the
result of an adjustment in the number of establishments used in this
analysis decreasing from 759,668 to 739,432, a total adjustment of
20,236.
    Type of Review: Extension of a currently approved collection.
    Title: Access to Employee Exposure and Medical Records (29 CFR
1910.1020).
    OMB Control Number: 1218-0065.
    Affected Public: Business or other for-profits.
    Number of Respondents: 739,432.
    Total Responses: 5,770,925.
    Frequency of Responses: Initially; Annually; On occasion.
    Average Time per Response: Various.
    Estimated Total Burden Hours: 716,038.
    Estimated Cost (Operation and Maintenance): $0.

IV. Public Participation--Submission of Comments on this Notice and
Internet Access to Comments and Submissions

    You may submit comments in response to this document as follows:
(1) Electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal; (2) by facsimile; or (3) by hard copy. All
comments, attachments, and other material must identify the Agency name
and the OSHA docket number for this ICR (Docket No. OSHA-2009-0043).
You may supplement electronic submissions by uploading document files
electronically. If you wish to mail additional materials in reference
to an electronic or facsimile submission, you must submit them to the
OSHA Docket Office (see the section of this notice titled ADDRESSES).
The additional materials must clearly identify your electronic comments
by your name, date, and the docket number so the Agency can attach them
to your comments.
    Because of security procedures, the use of regular mail may cause a
significant delay in the receipt of comments. For information about
security procedures concerning the delivery of materials by hand,
express delivery, messenger, or courier service, please contact the
OSHA Docket Office at<PHONE_NUMBER>, (TTY<PHONE_NUMBER>). Comments
and submissions are posted without change at http://www.regulations.gov. Therefore, OSHA cautions commenters about
submitting personal information such as their social security number
and date of birth. Although all submissions are listed in the http://www.regulations.gov index, some information (e.g., copyrighted
material) is not publicly available to read or download from this Web
site. All submissions, including copyrighted material, are available
for inspection and copying at the OSHA Docket Office. Information on
using the http://www.regulations.gov Web site to submit comments and
access the docket is available at the Web site's ``User Tips'' link.
Contact the OSHA Docket Office for information about materials not
available from the Web site, and for assistance in using the Internet
to locate docket submissions.

V. Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this
notice. The authority for this notice is the Paperwork Reduction Act of
1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 1-2012
(77 FR 3912).

    Signed at Washington, DC, on September 7, 2016.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2016-21886 Filed 9-9-16; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register Volume 88, Number 174 (Monday, September 11, 2023)]
[Notices]
[Page 62427]
[FR Doc No: 2023-19519]

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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2018-0012]

TEXRail and the Silver Line's Joint Request for Approval To
Conduct Positive Train Control Field Testing

AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).

ACTION: Notice of availability and request for comments.

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

SUMMARY: This document provides the public with notice that on August
30, 2023, TEXRail submitted a request together with the Silver Line
(SLVR) to field test trains on TEXRail's positive train control (PTC)-
equipped territory, which is equipped with the Interoperable Electronic
Train Management System (I-ETMS). FRA is publishing this notice and
inviting public comment on TEXRail and SLVR's joint request to test I-
ETMS.

DATES: FRA will consider comments received by November 13, 2023. FRA
may consider comments received after that date to the extent
practicable and without delaying testing or implementation of a PTC
system.

ADDRESSES:
    Comments: Comments may be submitted by going to https://www.regulations.gov and following the online instructions for
submitting comments.
    Instructions: All submissions must include the agency name and the
applicable docket number. The relevant PTC docket number for this host
railroad is Docket No. FRA-2018-0012. For convenience, all active PTC
documents are hyperlinked on FRA's website at https://railroads.dot.gov/reserch-development/program-areas/train-control/ptc/railroads-ptc-dockets. All comments received will be posted without
change to https://www.regulations.gov; this includes any personal
information.

FOR FURTHER INFORMATION CONTACT: Gabe Neal, Staff Director, Signal,
Train Control, and Crossings Division, telephone:<PHONE_NUMBER>, email:
[email protected].

SUPPLEMENTARY INFORMATION: In general, title 49 United States Code
(U.S.C.) section 20157(h) requires FRA to certify that a host
railroad's PTC system complies with title 49 Code of Federal
Regulations (CFR) part 236, subpart I, before the technology may be
operated in revenue service. On December 23, 2020, FRA certified
TEXRail's I-ETMS PTC system under 49 CFR 236.1015 and 49 U.S.C.
20157(h). Pursuant to 49 CFR 236.1035, a railroad must obtain FRA's
approval before field testing an uncertified PTC system, or a product
of an uncertified PTC system, or any regression testing of a certified
PTC system on the general rail system. See 49 CFR 236.1035(a). The
joint test request, including a complete description of the Concept of
Operations and specific test procedures that document the measures that
will be taken to ensure safety during testing, are available for review
online at https://www.regulations.gov in Docket No. FRA-2018-0012.
    Interested parties are invited to comment on the test request by
submitting written comments or data. During its review of the test
request, FRA will consider any comments or data submitted within the
timeline specified in this notice and to the extent practicable. FRA,
however, may elect not to respond to any particular comment, and under
49 CFR 236.1035, FRA maintains the authority to approve, approve with
conditions, or deny the test request at its sole discretion.

Privacy Act Notice

    In accordance with 49 CFR 211.3, FRA solicits comments from the
public to better inform its decisions. DOT posts these comments,
without edit, including any personal information the commenter
provides, to https://www.regulations.gov, as described in the system of
records notice (DOT/ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See https://www.regulations.gov/privacy-notice for the privacy notice of regulations.gov. To facilitate
comment tracking, we encourage commenters to provide their name, or the
name of their organization; however, submission of names is completely
optional. If you wish to provide comments containing proprietary or
confidential information, please contact FRA for alternate submission
instructions.

    Issued in Washington, DC.
Carolyn R. Hayward-Williams,
Director, Office of Railroad Systems and Technology.
[FR Doc. 2023-19519 Filed 9-8-23; 8:45 am]
BILLING CODE 4910-06-P


Fred Butterfield/DC/USEPA/US

03/16/2007 09:52 AM

To

Karen Martin/RTP/USEPA/US@EPA, Dave Mckee/RTP/USEPA/US@EPA, Harvey Richmond/RTP/USEPA/US@EPA

cc

Subject

Fw: Panel Member (Crawford-Brown) Review Comments

FYI

FB

----- Forwarded by Fred Butterfield/DC/USEPA/US on 03/16/2007 09:52 AM -----

Douglas Crawford-Brown<EMAIL_ADDRESS> 03/16/2007 09:32 AM

To

Fred Butterfield/DC/USEPA/US@EPA

cc

Subject

Re: IMPORTANT -- Fw: Draft (V1-0) CASAC Letter re: Final Ozone Staff Paper (re: March 5 CASAC Ozone Review Panel TeleConf); Fw: Panel Member (Ultman) Review Comments

Fred- I attach my revisions to the Ozone letter. I also attach my

previous review, which I don't see included in the comments section.

Doug

--

Douglas Crawford-Brown

Professor of Environmental Science and Public Policy

Director, Institute for the Environment

University of North Carolina at Chapel Hill

Chapel Hill, NC 27599-1105

(919) 966-6026 (phone)

(919) 966-9920 (fax)

www.unc.edu/~dcrawfor/doug.htm

www.cep.unc.edu

[attachment "CASAC O3RP DCB.doc" deleted by Fred Butterfield/DC/USEPA/US]


[Federal Register Volume 82, Number 193 (Friday, October 6, 2017)]
[Notices]
[Page 46815]
[FR Doc No: 2017-21639]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-3385-EM; Docket ID FEMA-2017-0001]

Florida; Amendment No. 1 to Notice of an Emergency Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of an emergency declaration for
the State of Florida (FEMA-3385-EM), dated September 5, 2017, and
related determinations.

DATES: The amendment was issued on September 18, 2017.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) hereby gives notice that pursuant to the authority vested in the
Administrator, under Executive Order 12148, as amended, Willie G. Nunn,
of FEMA is appointed to act as the Federal Coordinating Officer for
this emergency.
    This action terminates the appointment of Just[oacute]
Hern[aacute]ndez as Federal Coordinating Officer for this disaster.

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households in
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

Brock Long,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2017-21639 Filed 10-5-17; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 85, Number 24 (Wednesday, February 5, 2020)]
[Notices]
[Pages 6565-6566]
[FR Doc No: 2020-02244]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2020-N-0418]

Nonprescription Drugs Advisory Committee; Notice of Meeting;
Establishment of a Public Docket; Request for Comments

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice, establishment of a public docket; request for comments.

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SUMMARY: The Food and Drug Administration (FDA) announces a forthcoming
public advisory committee meeting of the Nonprescription Drugs Advisory
Committee. The general function of the committee is to provide advice
and recommendations to FDA on regulatory issues. The meeting will be
open to the public. FDA is establishing a docket for public comment on
this document.

DATES: The meeting will be held on March 11, 2020, from 8 a.m. to 5
p.m.

ADDRESSES: The meeting will be held at FDA White Oak Campus, 10903 New
Hampshire Ave., Bldg. 31 Conference Center, the Great Room (Rm. 1503),
Silver Spring, MD 20993-0002. Entrance for the public meeting
participants (non-FDA employees) is through Building 1 where routine
security check procedures will be performed. For security information,
please refer to https://www.fda.gov/about-fda/white-oak-campus-information/public-meetings-fda-white-oak-campus. Answers to commonly
asked questions including information regarding special accommodations
due to a disability, visitor parking, and transportation may be
accessed at: https://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm408555.htm.
    FDA is establishing a docket for public comment on this meeting.
The docket number is FDA-2020-N-0418. The docket will close on March
10, 2020. Submit either electronic or written comments on this public
meeting by March 10, 2020. Please note that late, untimely filed
comments will not be considered. Electronic comments must be submitted
on or before March 10, 2020. The https://www.regulations.gov electronic
filing system will accept comments until 11:59 p.m. Eastern Time at the
end of March 10, 2020. Comments received by mail/hand delivery/courier
(for written/paper submissions) will be considered timely if they are
postmarked or the delivery service acceptance receipt is on or before
that date.
    Comments received on or before March 3, 2020, will be provided to
the committee. Comments received after that date will be taken into
consideration by FDA. In the event that the meeting is cancelled, FDA
will continue to evaluate any relevant applications or information and
consider any comments submitted to the docket, as appropriate.
    You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2020-N-0418 for ``Nonprescription Drugs Advisory Committee; Notice
of Meeting; Establishment of a Public Docket; Request for Comments.''
Received comments, those filed in a timely manner (see ADDRESSES), will
be placed in the docket and, except for those submitted as
``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m.
and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states

``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' FDA will review
this copy, including the claimed confidential information, in its
consideration of comments. The second copy, which will have the claimed
confidential information redacted/blacked out, will be available for
public viewing and posted on https://www.regulations.gov. Submit both
copies to the Dockets Management Staff. If you do not wish your name
and contact information be made publicly available, you can provide
this information on the cover sheet and not in the body of your
comments and you must identify the information as ``confidential.'' Any
information marked as ``confidential'' will not be disclosed except in
accordance with 21 CFR 10.20 and other applicable disclosure law. For
more information about FDA's posting of comments to public dockets, see
80 FR 56469, September 18, 2015, or access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Moon Hee V. Choi, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 31, Rm. 2417, Silver Spring, MD 20993-0002, 301-
796-9001, Fax:<PHONE_NUMBER>, email<EMAIL_ADDRESS>or FDA Advisory
Committee Information Line, 1-800-741-8138<PHONE_NUMBER> in the
Washington, DC area). A notice in the Federal Register about last
minute modifications that impact a previously announced advisory
committee meeting cannot always be published quickly enough to provide
timely notice. Therefore, you should always check the FDA's website at
https://www.fda.gov/AdvisoryCommittees/default.htm and scroll down to
the appropriate advisory committee meeting link, or call the advisory
committee information line to learn about possible modifications before
coming to the meeting.

SUPPLEMENTARY INFORMATION:
    Agenda: In the Agency's document entitled ``Food Handler Antiseptic
Drug Products for Over-the-Counter Human Use; Request for Data and
Information'' (December 7, 2018, 83 FR 63168) (Docket No. FDA-2018-N-
3458), FDA sought input on the current use of over-the-counter
antiseptics in the food handler setting and the recommended testing
criteria to establish the safety and effectiveness of these products.
Now that the comment period has closed, FDA plans to hold an advisory
committee meeting to review the information submitted and discuss its
key points.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its website prior to the meeting, the
background material will be made publicly available at the location of
the advisory committee meeting, and the background material will be
posted on FDA's website after the meeting. Background material is
available at https://www.fda.gov/AdvisoryCommittees/Calendar/default.htm. Scroll down to the appropriate advisory committee meeting
link.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
All electronic and written submissions submitted to the Docket (see
ADDRESSES) on or before March 3, 2020, will be provided to the
committee. Oral presentations from the public will be scheduled between
approximately 1 p.m. and 2 p.m. Those individuals interested in making
formal oral presentations should notify the contact person and submit a
brief statement of the general nature of the evidence or arguments they
wish to present, the names and addresses of proposed participants, and
an indication of the approximate time requested to make their
presentation on or before February 24, 2020. Time allotted for each
presentation may be limited. If the number of registrants requesting to
speak is greater than can be reasonably accommodated during the
scheduled open public hearing session, FDA may conduct a lottery to
determine the speakers for the scheduled open public hearing session.
The contact person will notify interested persons regarding their
request to speak by February 25, 2020.
    Persons attending FDA's advisory committee meetings are advised
that FDA is not responsible for providing access to electrical outlets.
    For press inquiries, please contact the Office of Media Affairs at
<EMAIL_ADDRESS>or<PHONE_NUMBER>.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
disabilities. If you require accommodations due to a disability, please
contact Moon Hee V. Choi (see FOR FURTHER INFORMATION CONTACT) at least
7 days in advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our website at https://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for procedures
on public conduct during advisory committee meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: January 31, 2020.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2020-02244 Filed 2-4-20; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 87, Number 169 (Thursday, September 1, 2022)]
[Proposed Rules]
[Pages 53703-53705]
[FR Doc No: 2022-18724]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2022-0722; FRL-10156-01-R7]

Air Plan Approval; Missouri; Ameren Sioux Sulfur Dioxide Consent
Agreement

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing
approval of source-specific revisions to the Missouri State
Implementation Plan (SIP) received on April 21, 2022. In the
submission, Missouri requests that the EPA incorporate into the SIP an
additional sulfur dioxide (SO2) emissions limit for the
Ameren Missouri (Ameren)--Sioux Energy Center (Sioux). Specifically,
the EPA is proposing to approve, into the SIP, an additional
SO2 emissions limit and associated operating restrictions,
monitoring, recordkeeping, reporting (MRR) and testing compliance
requirements established in a consent agreement as permanent and
enforceable SO2 control measures.

DATES: Comments must be received on or before October 3, 2022.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2022-0722 to www.regulations.gov. Follow the online instructions
for submitting comments.
    Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received will be posted without
change to www.regulations.gov/, including any personal information
provided. For detailed instructions on sending comments and additional
information on the rulemaking process, see the ``Written Comments''
heading of the SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Jason Heitman, Environmental
Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201
Renner Boulevard, Lenexa, Kansas 66219; telephone number: (913) 551-
7664; email address: [email protected].

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

Table of Contents

I. Written Comments
II. What is the background for this proposed action?
III. Have the requirements for approval of a SIP revision been met?
IV. What did Missouri submit in the source-specific SIP revision for
Ameren Sioux?
V. What is the EPA's analysis of Missouri's source-specific SIP
revision?
VI. What action is the EPA proposing?
VII. Environmental Justice Concerns
VIII. Incorporation by Reference
IX. Statutory and Executive Order Reviews

I. Written Comments

    Submit your comments, identified by Docket ID No. EPA-R07-OAR-2022-
0722, at www.regulations.gov. 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, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit
www.epa.gov/dockets/commenting-epa-dockets.

II. What is the background for this proposed action?

    The Ameren Sioux facility is located in St. Charles County,
Missouri, along the Mississippi River, just north of the City of St.
Louis. The EPA designated the area surrounding Ameren Sioux as
attainment/unclassifiable for the 2010 1-hour SO2 NAAQS in
early 2018 (83 FR 1098, January 9, 2018). Unlike with a nonattainment
designation, a designation of attainment/unclassifiable does not impose
any new SO2 planning requirements on the Missouri Department
of Natural Resources (MoDNR) for Ameren Sioux in Missouri's SIP.
    Ameren Sioux operates two coal-fired boilers that generate
electricity for use in the region. In 2010, Ameren Sioux installed wet
flue-gas desulfurization control technology at their two boilers. The
existing enforceable SO2 emissions limit in the Missouri SIP
for Sioux is much higher than recent actual emissions and therefore
does not reflect operation of the control technology. This control
technology reduced the actual SO2 emissions at Ameren Sioux
by nearly 90 percent.
    Ameren Sioux is required to operate a continuous emission
monitoring system (CEMS) for SO2 on both of their
boilers.\1\ This allows for the reporting of actual hourly emissions
levels coming from the two boilers at the facility. The Consent
Agreement included in this proposed SIP revision also requires the use
of their CEMS to demonstrate compliance with the additional enforceable
limit in the Consent Agreement.
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    \1\ See 40 CFR part 75.
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III. Have the requirements for approval of a SIP revision been met?

    The State submission has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The submission also
satisfied the completeness criteria of 40 CFR part 51, appendix V. The
State provided public notice on this SIP revision from December 27,
2021 to February 3, 2022 and received one comment. In addition, the
revision meets the substantive SIP requirements of the CAA, including
section 110 and implementing regulations.

IV. What did Missouri submit in the source-specific SIP revision for
Ameren Sioux?

    The SO2 emissions limit and averaging time included in
the Consent

Agreement for Ameren Sioux are provided in Table 1. The limit is listed
as a facility-wide limit, but only applies to Boilers 1 and 2 at the
facility.

                         Table 1--Ameren Missouri Sioux Energy Center SO2 Emission Limit
----------------------------------------------------------------------------------------------------------------
                                                                Emission limit
                                                                  per source
                    Source                        Source ID     (pounds SO2 per           Averaging time
                                                                     hour)
----------------------------------------------------------------------------------------------------------------
Ameren Missouri--Sioux Energy Center.........         1830001             7,342  24-hour block average.
----------------------------------------------------------------------------------------------------------------

    Ameren will maintain all hourly data and computations related to
demonstrating compliance with the 24-hour block average emissions limit
and keep this data for a period of at least five years. Ameren shall
report on compliance with the emissions limit in Table 1 on the same
schedule as the annual compliance certification required in accordance
with the operating permits issued under 40 CFR part 70.

V. What is the EPA's analysis of Missouri's source-specific SIP
revision?

    The EPA is proposing to determine that the limit in the Consent
Agreement is practically enforceable through the following analysis.
The Consent Agreement requires Ameren to determine compliance with the
emissions restrictions by use of the SO2 CEMS installed on
Boilers 1 and 2 at Sioux. The CEMS will be operated in accordance with
40 CFR part 75. The limit in the Consent Agreement is based on 24-hour
block averages. The total pounds of SO2 emitted during each
calendar day, as measured by the CEMS, is first summed for the subject
units, then divided by the number of actual operating hours in that
day. If this is less than or equal to the limit in Table 1, the
facility is in compliance with the emissions limit. Only hours that
meet the primary equipment hourly operating requirements of 40 CFR
75.10(d) are used in calculating the daily 24-hour block average. For
example, if the source only meets 40 CFR 75.10(d) operational
requirements for one hour in a particular 24-hour block period, the
compliance with the emissions limit would be calculated by the total
emissions divided by the one hour of operation that meets 40 CFR
75.10(d). Therefore, any day with at least one hour that meets
operational requirements will have a calculated block average that will
be used to demonstrate compliance with the emissions limit.
    While the Consent Agreement may be terminated under state law by
mutual agreement by both parties at the current time, this action, once
finalized, would approve that Agreement into the SIP. At that point the
requirements of the Consent Agreement would be permanent and federally
enforceable and would remain applicable until Missouri submits a SIP
revision and the EPA approves that revision. That revision would be
subject to CAA section 110(l), i.e., the state must demonstrate that
the revision would not interfere with the attainment or maintenance of
any NAAQS.

VI. What action is the EPA proposing?

    The EPA is proposing to approve Missouri's April 21, 2022, source-
specific SIP revision into the Missouri SIP. This revision includes a
specific SO2 emissions limit and associated operating
restrictions, MRR, and testing compliance requirements for the Ameren
Sioux Facility as contained in Consent Agreement number APCP-2021-018.
A copy of the Consent Agreement is included in the docket for this
rulemaking.
    The purpose of the Consent Agreement is to provide for the new
SO2 emissions limit at Ameren Sioux to be credited as an
additional permanent and federally enforceable measure in Missouri's
SIP. Ameren has voluntarily agreed to enter into this Consent Agreement
to strengthen Missouri's SIP.
    The Consent Agreement includes a facility-wide 24-hour block
average emissions limit. The additional SO2 emissions limit
that the EPA proposes to approve is in addition to the SO2
requirements currently in the SIP for Ameren Sioux. Incorporating an
additional specific SO2 limit and associated operating
restrictions, MRR, and testing compliance parameters for Ameren Sioux
into the Missouri SIP would establish this additional specific
SO2 limit and associated operating and compliance parameters
as permanent and federally enforceable control measures and strengthen
the Missouri SIP.
    The purpose of this rulemaking is to act on Missouri's request to
approve into the SIP an additional specific facility-wide
SO2 limit (listed in Table 1), and associated operating,
MRR, and testing requirements established in a Consent Agreement,
thereby making this limit permanent and federally enforceable to
strengthen the Missouri SIP.

VII. Environmental Justice Concerns

    When the EPA establishes a new or revised NAAQS, the CAA requires
the EPA to designate all areas of the U.S. as either nonattainment,
attainment, or unclassifiable. Area designations address environmental
justice concerns by ensuring that the public is properly informed about
the air quality in an area. In this action, the EPA is proposing to
approve an additional emissions limit for a source into the Missouri
SIP.
    The EPA utilized the EJSCREEN tool to evaluate environmental and
demographic indicators within the area. The tool outputs report is
contained in the docket for this action. While the EPA's EJSCREEN tool
demonstrates that demographic indicators are consistent or lower than
national averages, there are vulnerable populations in the area
including low-income populations and persons over 64 years of age.
    Based on the information presented in this document, this proposed
action does not result in disproportionately high and adverse human
health or environmental effects on minority populations, low-income
populations and/or indigenous peoples.

VIII. Incorporation by Reference

    In this document, the EPA is proposing to include regulatory text
in an EPA final rule that includes incorporation by reference. In
accordance with requirements of 1 CFR 51.5, the EPA is proposing to
incorporate by reference the Missouri Consent Agreement discussed in
section VI of this preamble and as set forth below in the proposed
revision to 40 CFR part 52. The EPA has made, and will continue to
make, these materials generally available through www.regulations.gov
and at the EPA Region 7 Office (please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section of this preamble for more
information).

IX. Statutory and Executive Order Reviews

    Under the Clean Air Act (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 action merely approves state law as meeting Federal requirements
and does not impose additional requirements beyond those imposed by
state law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of the National Technology
Transfer and Advancement Act (NTTA) because this rulemaking does not
involve technical standards; and
     This action does not have disproportionately high and
adverse human health or environmental effects on minority populations,
low-income populations and/or indigenous peoples, as specified in
Executive Order 12898 (59 FR 7629, February 16, 1994). The basis for
this determination is contained in section VII of this action,
``Environmental Justice Concerns.''
    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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Sulfur oxides.

    Dated: August 24, 2022.
Meghan A. McCollister,
Regional Administrator, Region 7.

    For the reasons stated in the preamble, the EPA proposes to amend
40 CFR part 52 as set forth below:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart AA--Missouri

0
2. In Sec.  52.1320, the table in paragraph (d) is amended by adding
the entry ``(37)'' in numerical order to read as follows:

Sec.  52.1320   Identification of plan.

* * * * *
    (d) * * *

                            EPA-Approved Missouri Source-Specific Permits and Orders
----------------------------------------------------------------------------------------------------------------
                                                            State
          Name of source             Order/permit No.     effective     EPA approval date        Explanation
                                                             date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
(37) Ameren Missouri--Sioux        Consent Agreement       3/31/2022  [Date of publication
 Energy Center.                     No. APCP-2021-018.                 of the final rule
                                                                       in the Federal
                                                                       Register], [Federal
                                                                       Register citation
                                                                       of the final rule].
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2022-18724 Filed 8-31-22; 8:45 am]
BILLING CODE 6560-50-P