We request comment on all aspects of this proposal. This section
describes how you can participate in this process.

A. How Do I Submit Comments?

    We are opening a formal comment period by publishing this document.
We will accept comments during the period indicated under the DATES
section above. If you have an interest in the proposed standards, we
encourage you to comment on any aspect of this rulemaking. We also
request comment on specific topics identified throughout this proposal.
    Your comments will be most useful if you include appropriate and
detailed supporting rationale, data, and analysis. Commenters are
especially encouraged

to provide specific suggestions for any changes that they believe need
to be made. You should send all comments, except those containing
proprietary information, to our Docket (see ADDRESSES section above) by
the end of the comment period.
    You may submit comments electronically through the electronic
public docket, www.regulations.gov, by mail to the address shown in
ADDRESSES, or through hand delivery/courier. To ensure proper receipt
by EPA, identify the appropriate docket identification number in the
subject line on the first page of your comment. Please ensure that your
comments are submitted within the specified comment period. Comments
received after the close of the comment period will be marked ``late.''
EPA is not required to consider these late comments. If you wish to
submit Confidential Business Information (CBI) or information that is
otherwise protected by statute, please follow the instructions in
Section VI.B below.

B. How should I submit CBI to the agency?

    Do not submit information that you consider to be CBI
electronically through the electronic public docket,
www.regulations.gov, or by email. Send or deliver information
identified as CBI only to the following address: U.S. Environmental
Protection Agency, Assessment and Standards Division, 2000 Traverwood
Drive, Ann Arbor, MI, 48105, Attention Docket ID EPA-HQ-OAR-2016-0004.
You may claim information that you submit to EPA as CBI by marking any
part or all of that information as CBI (if you submit CBI on disk or
CD-ROM, 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 CBI). Information so marked will not be disclosed except in
accordance with procedures set forth in 40 CFR part 2.
    In addition to one complete version of the comments that include
any information claimed as CBI, a copy of the comments that does not
contain the information claimed as CBI must be submitted for inclusion
in the public docket. This non-CBI version of your comments may be
submitted electronically, by mail, or through hand delivery/courier. If
you submit the copy that does not contain CBI on disk or CD-ROM, mark
the outside of the disk or CD-ROM clearly that it does not contain CBI.
Information not marked as CBI will be included in the public docket
without prior notice. If you have any questions about CBI or the
procedures for claiming CBI, please consult the person identified in
the FOR FURTHER INFORMATION CONTACT section.

VII. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This proposed action is an economically significant regulatory
action that was submitted to the Office of Management and Budget (OMB)
for review. Any changes made in response to OMB recommendations have
been documented in the docket. The EPA prepared an analysis of
illustrative costs associated with this action. This analysis is
presented in Section II.F of this preamble.

B. Paperwork Reduction Act (PRA)

    This proposed action does not impose any new information collection
burden under the PRA. OMB has previously approved the information
collection activities contained in the existing regulations and has
assigned OMB control numbers 2060-0637 and 2060-0640. The proposed
standards would not impose new or different reporting requirements on
regulated parties than already exist for the RFS program.

C. Regulatory Flexibility Act (RFA)

    I certify that this proposed action would not have a significant
economic impact on a substantial number of small entities under the
RFA. In making this determination, the impact of concern is any
significant adverse economic impact on small entities. An agency may
certify that a rule will not have a significant economic impact on a
substantial number of small entities if the rule relieves regulatory
burden, has no net burden, or otherwise has a positive economic effect
on the small entities subject to the rule.
    The small entities directly regulated by the RFS program are small
refiners, which are defined at 13 CFR 121.201. We have evaluated the
impacts of this proposal on small entities from two perspectives; as if
the proposed 2017 standards were a standalone action or if they are a
part of the overall impacts of the RFS program as a whole.
    When evaluating the proposed standards as if they were a standalone
action separate and apart from the original rulemaking which
established the RFS2 program, then the proposed standards could be
viewed as increasing the volumes required of obligated parties between
2016 and 2017. To evaluate the proposed rule from this perspective, EPA
has conducted a screening analysis \90\ to assess whether it should
make a finding that this action would not have a significant economic
impact on a substantial number of small entities. Currently-available
information shows that the impact on small entities from implementation
of this rule would not be significant. EPA has reviewed and assessed
the available information, which suggests that obligated parties,
including small entities, are generally able to recover the cost of
acquiring the RINs necessary for compliance with the RFS standards
through higher sales prices of the petroleum products they sell than
would be expected in the absence of the RFS program.91 92
This is true whether they acquire RINs by purchasing renewable fuels
with attached RINs or purchase separated RINs. Even if we were to
assume that the cost of acquiring RINs were not recovered by obligated
parties, and we used the maximum values of the illustrative costs
discussed in Section II.F and the gasoline and diesel fuel volume
projections and wholesale prices from the April 2016 version of EIA's
Short-Term Energy Outlook, and current wholesale fuel prices, a cost-
to-sales ratio test shows that the costs to small entities of the RFS
standards are far less than 1% of the value of their sales.
---------------------------------------------------------------------------

    \90\ ``Screening Analysis for the Proposed Renewable Fuel
Standard Program Renewable Volume Obligations for 2017'', memorandum
from Dallas Burkholder and Tia Sutton to EPA Air Docket EPA-HQ-OAR-
2016-0004.
    \91\ For a further discussion of the ability of obligated
parties to recover the cost of RINs see ``A Preliminary Assessment
of RIN Market Dynamics, RIN Prices, and Their Effects,'' Dallas
Burkholder, Office of Transportation and Air Quality, US EPA. May
14, 2015, EPA Air Docket EPA-HQ-OAR-2015-0111.
    \92\ Knittel, Christopher R., Ben S. Meiselman, and James H.
Stock. ``The Pass-Through of RIN Prices to Wholesale and Retail
Fuels under the Renewable Fuel Standard.'' Working Paper 21343. NBER
Working Paper Series. Available online http://www.nber.org/papers/w21343.pdf.
---------------------------------------------------------------------------

    While the screening analysis described above supports a
certification that this proposed rule would not have a significant
economic impact on small refiners, we continue to believe that it is
more appropriate to consider the proposed standards as a part of, and
ongoing implementation of the overall RFS program. When considered this
way the impacts of the RFS program as a whole on small entities were
addressed in the RFS2 final rule (75 FR 14670, March 26, 2010), which
was a rule that implemented the entire program required by the Energy
Independence and Security Act of 2007 (EISA 2007). As such, the Small
Business Regulatory Enforcement Fairness Act (SBREFA) panel process

that took place prior to the 2010 rule was also for the entire RFS
program and looked at impacts on small refiners through 2022.
    For the SBREFA process for the RFS2 final rule, EPA conducted
outreach, fact-finding, and analysis of the potential impacts of the
program on small refiners which are all described in the Final
Regulatory Flexibility Analysis, located in the rulemaking docket (EPA-
HQ-OAR-2005-0161). This analysis looked at impacts to all refiners,
including small refiners, through the year 2022 and found that the
program would not have a significant economic impact on a substantial
number of small entities, and that this impact was expected to decrease
over time, even as the standards increased. The analysis included a
cost-to-sales ratio test, a ratio of the estimated annualized
compliance costs to the value of sales per company, for gasoline and/or
diesel small refiners subject to the standards. From this test, it was
estimated that all directly regulated small entities would have
compliance costs that are less than one percent of their sales over the
life of the program (75 FR 14862).
    We have determined that this proposed rule would not impose any
additional requirements on small entities beyond those already
analyzed, since the impacts of this proposed rule are not greater or
fundamentally different than those already considered in the analysis
for the RFS2 final rule assuming full implementation of the RFS
program. As shown above in Tables I-1 and I.A-1 (and discussed further
in Sections II and III), this rule proposes the 2017 volume
requirements for cellulosic biofuel, advanced biofuel, and total
renewable fuel at levels significantly below the statutory volume
targets. This exercise of EPA's waiver authorities reduces burdens on
small entities, as compared to the burdens that would be imposed under
the volumes specified in the Clean Air Act in the absence of waivers--
which are the volumes that we assessed in the screening analysis that
we prepared for implementation of the full program. Regarding the
biomass-based diesel standard, we are proposing an increase in the
volume requirement for 2018 over the statutory minimum value of 1
billion gallons. However, this is a nested standard within the advanced
biofuel category, for which we are proposing significant reductions
from the statutory volume targets. As discussed in Section IV, we are
proposing to set the biomass-based diesel volume requirement at a level
below what is anticipated will be produced and used to satisfy the
reduced advanced biofuel requirement. The net result of the standards
being proposed in this action is a reduction in burden as compared to
implementation of the statutory volume targets, as was assumed in the
RFS2 final rule analysis.
    While the rule would not have a significant economic impact on a
substantial number of small entities, there are compliance
flexibilities in the program that can help to reduce impacts on small
entities. These flexibilities include being able to comply through RIN
trading rather than renewable fuel blending, 20% RIN rollover allowance
(up to 20% of an obligated party's RVO can be met using previous-year
RINs), and deficit carry forward (the ability to carry over a deficit
from a given year into the following year, providing that the deficit
is satisfied together with the next year's RVO). In the RFS2 final
rule, we discussed other potential small entity flexibilities that had
been suggested by the SBREFA panel or through comments, but we did not
adopt them, in part because we had serious concerns regarding our
authority to do so.
    Additionally, as we realize that there may be cases in which a
small entity experiences hardship beyond the level of assistance
afforded by the program flexibilities, the program provides hardship
relief provisions for small entities (small refiners), as well as for
small refineries.\93\ As required by the statute, the RFS regulations
include a hardship relief provision (at 40 CFR 80.1441(e)(2)) which
allows for a small refinery to petition for an extension of its small
refinery exemption at any time based on a showing that compliance with
the requirements of the RFS program would result in the refinery
experiencing a ``disproportionate economic hardship.'' EPA regulations
provide similar relief to small refiners that are not eligible for
small refinery relief. A small refiner may petition for a small refiner
exemption based on a similar showing that compliance with the
requirements of the RFS program would result in the refiner
experiencing a ``disproportionate economic hardship'' (see 40 CFR
80.1442(h)). EPA evaluates these petitions on a case-by-case basis and
may approve such petitions if it finds that a disproportionate economic
hardship exists. In evaluating such petitions, EPA consults with the
U.S. Department of Energy, and takes the findings of DOE's 2011 Small
Refinery Study and other economic factors into consideration. For the
2013 RFS standards, EPA successfully implemented these provisions by
evaluating 16 petitions for exemptions from small refineries (one was
later withdrawn).
---------------------------------------------------------------------------

    \93\ See CAA section 211(o)(9)(B).
---------------------------------------------------------------------------

    Given that this proposed rule would not impose additional
requirements on small entities, would decrease burden via a reduction
in required volumes as compared to statutory volume targets, would not
change the compliance flexibilities currently offered to small entities
under the RFS program (including the small refinery hardship provisions
we continue to successfully implement), and available information shows
that the impact on small entities from implementation of this rule
would not be significant viewed either from the perspective of it being
a standalone action or a part of the overall RFS program, we have
therefore concluded that this action would have no net regulatory
burden for directly regulated small entities.

D. Unfunded Mandates Reform Act (UMRA)

    This proposed action contains a federal mandate under UMRA, 2
U.S.C. 1531-1538, that may result in expenditures of $100 million or
more for state, local and tribal governments, in the aggregate, or the
private sector in any one year. Accordingly, the EPA has prepared a
written statement required under section 202 of UMRA. The statement is
discussed above in Section II.F. This action implements mandates
specifically and explicitly set forth in CAA section 211(o) and we
believe that this action represents the least costly, most cost-
effective approach to achieve the statutory requirements of the rule.
    This action is not subject to the requirements of section 203 of
UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments.

E. Executive Order 13132: Federalism

    This proposed action does not have federalism implications. It
would not have substantial direct effects on the states, on the
relationship between the national government and the states, or on the
distribution of power and responsibilities among the various levels of
government.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This proposed action does not have tribal implications as specified
in Executive Order 13175. This proposed rule would be implemented at
the Federal level and affects transportation fuel refiners, blenders,
marketers, distributors, importers, exporters, and renewable fuel
producers and importers.

Tribal governments would be affected only to the extent they produce,
purchase, and use regulated fuels. Thus, Executive Order 13175 does not
apply to this action.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it implements specific standards
established by Congress in statutes (CAA section 211(o)) and does not
concern an environmental health risk or safety risk.

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This proposed action is not a ``significant energy action'' because
it is not likely to have a significant adverse effect on the supply,
distribution, or use of energy. This action proposes the required
renewable fuel content of the transportation fuel supply for 2017,
consistent with the CAA and waiver authorities provided therein. The
RFS program and this rule are designed to achieve positive effects on
the nation's transportation fuel supply, by increasing energy
independence and lowering lifecycle greenhouse gas emissions of
transportation fuel.

I. National Technology Transfer and Advancement Act (NTTAA)

    This proposed rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations, and Low-Income Populations

    The EPA believes that this proposed action would not have potential
disproportionately high and adverse human health or environmental
effects on minority, low-income, or indigenous populations. This
proposed rule does not affect the level of protection provided to human
health or the environment by applicable air quality standards. This
action does not relax the control measures on sources regulated by the
RFS regulations and therefore would not cause emissions increases from
these sources.

VIII. Statutory Authority

    Statutory authority for this proposed action comes from section 211
of the Clean Air Act, 42 U.S.C. 7545. Additional support for the
procedural and compliance related aspects of this final rule come from
sections 114, 208, and 301(a) of the Clean Air Act, 42 U.S.C. 7414,
7542, and 7601(a).

List of Subjects in 40 CFR Part 80:

    Environmental protection, Administrative practice and procedure,
Air pollution control, Diesel fuel, Fuel additives, Gasoline, Imports,
Oil imports, Petroleum, Renewable fuel.

    Dated: May 18, 2016.
Gina McCarthy,
Administrator.
    For the reasons set forth in the preamble, EPA proposes to amend 40
CFR part 80 as follows:

PART 80--REGULATION OF FUELS AND FUEL ADDITIVES

0
1. The authority citation for part 80 continues to read as follows:

    Authority:  42 U.S.C. 7414, 7521, 7542, 7545, and 7601(a).

Subpart M--[Amended]

0
2. Section 80.1405 is amended by adding paragraph (a)(8) to read as
follows:

Sec.  80.1405  What are the Renewable Fuel Standards?

    (a) * * *
    (8) Renewable Fuel Standards for 2017.
    (i) The value of the cellulosic biofuel standard for 2017 shall be
0.173 percent.
    (ii) The value of the biomass-based diesel standard for 2017 shall
be 1.67 percent.
    (iii) The value of the advanced biofuel standard for 2017 shall be
2.22 percent.
    (iv) The value of the renewable fuel standard for 2017 shall be
10.44 percent.
* * * * *
[FR Doc. 2016-12369 Filed 5-27-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: September 21, 2010 (Volume 75, Number 182)]
[Rules and Regulations]
[Page 57388-57390]
[DOCID:fr21se10-10]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2010-0383]
RIN 1625-AA08

Special Local Regulations for Marine Events; Patuxent River,
Solomons, MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing special local regulations
during the ``Chesapeake Challenge'' power boat races, a marine event to
be held on the waters of the Patuxent River, near Solomons, MD on
October 1, 2010 and October 3, 2010. These special local regulations
are necessary to provide for the safety of life on navigable waters
during the event. This action is intended to temporarily restrict
vessel traffic in a portion of the Patuxent River during the event.

DATES: This rule is effective from 10 a.m. on October 1, 2010 until 6
p.m. on October 3, 2010.

ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2010-0383 and are available online by going to
http://www.regulations.gov, inserting USCG-2010-0383 in the ``Keyword''
box, and then clicking ``Search.'' This material is also available for
inspection or copying at the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail Mr. Ronald Houck, U.S. Coast Guard
Sector, Baltimore, MD; telephone<PHONE_NUMBER>, e-mail
<EMAIL_ADDRESS>If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On June 10, 2010, we published a notice of proposed rulemaking
(NPRM) entitled ``Special Local Regulations for Marine Events; Patuxent
River, Solomons, MD'' in the Federal Register (75 FR 32866).
Additionally, on July 19, 2010, we published a supplemental notice of
proposed rulemaking (SNPRM) entitled ``Special Local Regulations for
Marine Events; Patuxent River, Solomons, MD'' in the Federal Register
(75 FR 41789). We received no comments on the proposed rules. No public
meeting was requested, and none was held.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Due to the need for immediate
action, the restriction of vessel traffic is necessary to protect life,
property and the environment against the hazards associated with high-
speed offshore power boat races on confined navigable waters. Such
hazards include damages and injuries caused by collisions with other
vessels and navigational obstructions and hazards caused by vessel
sinkings. In addition, with no changes from the information provided in
the SNPRM and no comments received, the public has been aware of the
scheduled date since July 19, 2010. Therefore, a 30-day notice is
contrary to the public interest. Delaying the effective date would be
contrary to the regulated area's intended objectives of protecting
persons and vessels involved in the event, and enhancing public and
maritime safety.

Basis and Purpose

    On October 1, 2010 and October 3, 2010, the Chesapeake Bay Power
Boat Association will sponsor power boat races on the Patuxent River
near Solomons, MD. The event consists of offshore power boats racing in
a counter-clockwise direction on a racetrack-type course located
between the Governor Thomas Johnson Memorial (SR-4) Bridge and the U.S.
Naval Air Station Patuxent River, MD. The start and finish lines will
be located near the Solomon's Pier. A large spectator fleet is expected
during the event. Due to the need for vessel control during the event,
the Coast Guard will temporarily restrict vessel traffic in the event
area to provide for the safety of participants, spectators and other
transiting vessels.

Discussion of Comments and Changes

    The Coast Guard received no comments in response to the NPRM and
SNPRM. No public meeting was requested and none was held. The
regulation proposed in the SNPRM is the regulation being added.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
    Although this regulation will prevent traffic from transiting a
portion of the Patuxent River during the event, the effect of this
regulation will not be significant due to the limited duration that the
regulated area will be in effect and the extensive advance
notifications that will be made to the maritime community via the Local
Notice to Mariners and marine information broadcasts, so mariners can
adjust their plans accordingly. Additionally, the regulated area has
been narrowly tailored to impose the least impact on general navigation
yet provide the level

of safety deemed necessary. Vessel traffic will be able to transit
safely through a portion regulated area, westward and southward of the
spectator fleet area.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
    This rule would affect the following entities, some of which might
be small entities: the owners or operators of vessels intending to
transit or anchor in the affected portions of the Patuxent River during
the event.
    Although this regulation prevents traffic from transiting a portion
of the Patuxent River at Solomons, MD during the event, this rule will
not have a significant economic impact on a substantial number of small
entities for the following reasons. This rule would be in effect for
only a limited period. Though the regulated area extends across the
entire width of the river, vessel traffic will be able to transit
safely around the spectator fleet and race course areas within the
regulated area in a northerly or southerly direction westward of the
spectator area, taking action to avoid a close-quarters situation with
spectators, until finally past and clear of the regulated area. Before
the enforcement period, we will issue maritime advisories so mariners
can adjust their plans accordingly.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so that they could
better evaluate its effects on them and participate in the rulemaking
process.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human

environment. This rule is categorically excluded, under figure 2-1,
paragraph (34)(h), of the Instruction. This rule involves
implementation of regulations within 33 CFR Part 100 applicable to
organized marine events on the navigable waters of the United States
that could negatively impact the safety of waterway users and shore
side activities in the event area. The category of water activities
includes but is not limited to sail boat regattas, boat parades, power
boat racing, swimming events, crew racing, canoe and sail board racing.
An environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.

0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  33 U.S.C. 1233.

0
2. Add a temporary section, Sec.  100.35T05-0383, to read as follows:

Sec.  100.35T05-0383  Special Local Regulations for Marine Events;
Patuxent River, Solomons, MD.

    (a) Regulated area. The following location is a regulated area: All
waters of the Patuxent River, within lines connecting the following
positions: from latitude 38[deg]19'45'' N., longitude 076[deg]28'06''
W., thence to latitude 38[deg]19'24'' N., longitude 076[deg]28'30'' W.,
thence to latitude 38[deg]18'32'' N., longitude 076[deg]28'14'' W.; and
from latitude 38[deg]17'38'' N., longitude 076[deg]27'26'' W., thence
to latitude 38[deg]18'00'' N., longitude 076[deg]26'41'' W., thence to
latitude 38[deg]18'59'' N., longitude 076[deg]27'20'' W., located at
Solomons, Maryland. All coordinates reference Datum NAD 1983.
    (b) Definitions: (1) Coast Guard Patrol Commander means a
commissioned, warrant, or petty officer of the U.S. Coast Guard who has
been designated by the Commander, Coast Guard Sector Baltimore.
    (2) Official Patrol means any vessel assigned or approved by
Commander, Coast Guard Sector Baltimore with a commissioned, warrant,
or petty officer on board and displaying a Coast Guard ensign.
    (3) Participant means all vessels participating in the Chesapeake
Challenge under the auspices of the Marine Event Permit issued to the
event sponsor and approved by Commander, Coast Guard Sector Baltimore.
    (4) Spectator means all persons and vessels not registered with the
event sponsor as participants or official patrol.
    (c) Special local regulations: (1) The Coast Guard Patrol Commander
may forbid and control the movement of all vessels in the regulated
area. When hailed or signaled by an official patrol vessel, a vessel in
the regulated area shall immediately comply with the directions given.
Failure to do so may result in expulsion from the area, citation for
failure to comply, or both.
    (2) The Coast Guard Patrol Commander may terminate the event, or
the operation of any vessel participating in the event, at any time it
is deemed necessary for the protection of life or property.
    (3) All vessel traffic not involved with the event will be allowed
to transit the regulated area and shall proceed in a northerly or
southerly direction westward of the spectator area, taking action to
avoid a close-quarters situation with spectators, until finally past
and clear of the regulated area.
    (4) All Coast Guard vessels enforcing this regulated area can be
contacted on marine band radio VHF-FM channel 16 (156.8 MHz).
    (5) Only participants and official patrol are allowed to enter the
race course area.
    (6) Spectators are allowed inside the regulated area only if they
remain within the designated spectator area. Spectators will be
permitted to anchor within the designated spectator area. No vessel may
anchor within the regulated area outside the designated spectator area.
Spectators may contact the Coast Guard Patrol Commander to request
permission to pass through the regulated area. If permission is
granted, spectators must pass directly through the regulated area
outside the race course and spectator areas at a safe speed and without
loitering.
    (7) Designated Spectator Fleet Area. The spectator fleet area is
located within a line connecting the following positions: latitude
38[deg]19'14'' N., longitude 076[deg]28'16'' W., thence to latitude
38[deg]18'00'' N., longitude 076[deg]27'26'' W., thence to latitude
38[deg]18'02'' N., longitude 076[deg]27'20'' W., thence to latitude
38[deg]19'16'' N., longitude 076[deg]28'10'' W., thence to the point of
origin at latitude 38[deg]19'14'' N., longitude 076[deg]28'16'' W. All
coordinates reference datum NAD 1983.
    (8) The Coast Guard will publish a notice in the Fifth Coast Guard
District Local Notice to Mariners and issue marine information
broadcast on VHF-FM marine band radio announcing specific event date
and times.
    (d) Enforcement periods: This section will be enforced from 10 a.m.
to 6 p.m. on October 1, 2010 and from 10 a.m. until 6 p.m. on October
3, 2010.

    Dated: August 30, 2010.
Brian W. Roche,
Commander, U.S. Coast Guard, Acting Captain of the Port Baltimore.
[FR Doc. 2010-23477 Filed 9-20-10; 8:45 am]
BILLING CODE 9110-04-P


accounts to avoid the identification requirements of this section.
    (d) Recordkeeping requirements for broker and dealers.
    (1) Generally. Every registered broker-dealer shall maintain
records of all information required under paragraphs (d)(2) and (d)(3)
of this section for all transactions effected directly or indirectly by
or through:
    (i) An account such broker-dealer carries for a large trader or an
Unidentified Large Trader, or
    (ii) If the broker-dealer is a large trader, any proprietary or
other account over which such broker-dealer exercises investment
discretion.
    (iii) Additionally, where a non-broker-dealer carries an account
for a large trader or an Unidentified Large Trader, the broker-dealer
effecting transactions directly or indirectly for such large trader or
Unidentified Large Trader shall maintain records of all of the
information required under paragraphs (d)(2) and (d)(3) of this section
for those transactions.
    (2) Information. The information required to be maintained for all
transactions shall include:
    (i) The clearing house number or alpha symbol of the broker or
dealer submitting the information and the clearing house numbers or
alpha symbols of the entities on the opposite side of the transaction;
    (ii) Identifying symbol assigned to the security;
    (iii) Date transaction was executed;
    (iv) The number of shares or option contracts traded in each
specific transaction; whether each transaction was a purchase, sale, or
short sale; and, if an option contract, whether the transaction was a
call or put option, an opening purchase or sale, a closing purchase or
sale, or an exercise or assignment;
    (v) Transaction price;
    (vi) Account number;
    (vii) Identity of the exchange or other market center where the
transaction was executed.
    (viii) A designation of whether the transaction was effected or
caused to be effected for the account of a customer of such registered
broker-dealer, or was a proprietary transaction effected or caused to
be effected for the account of such broker-dealer;
    (ix) If part or all of an account's transactions at the registered
broker-dealer have been transferred or otherwise forwarded to one or
more accounts at another registered broker-dealer, an identifier for
this type of transaction; and if part or all of an account's
transactions at the reporting broker-dealer have been transferred or
otherwise received from one or more other registered broker-dealers, an
identifier for this type of transaction;
    (x) If part or all of an account's transactions at the reporting
broker-dealer have been transferred or otherwise received from another
account at the reporting broker-dealer, an identifier for this type of
transaction; and if part or all of an account's transactions at the
reporting broker-dealer have been transferred or otherwise forwarded to
one or more other accounts at the reporting broker-dealer, an
identifier for this type of transaction;
    (xi) If a transaction was processed by a depository institution,
the identifier assigned to the account by the depository institution;
    (xii) The time that the transaction was executed; and
    (xiii) The large trader identification number(s) associated with
the account, unless the account is for an Unidentified Large Trader.
    (3) Information relating to Unidentified Large Traders. With
respect to transactions effected directly or indirectly by or through
the account of an Unidentified Large Trader, the information required
to be maintained for all transactions also shall include such
Unidentified Large Trader's name, address, date the account was opened,
and tax identification number(s).
    (4) Retention. The records and information required to be made and
kept pursuant to the provisions of this section shall be kept for such
periods of time as provided in Sec.  240.17a-4(b).
    (5) Availability of information. The records and information
required to be made and kept pursuant to the provisions of this rule
shall be available on the morning after the day the transactions were
effected (including Saturdays and holidays).
    (e) Reporting requirements for brokers and dealers. Upon the
request of the Commission, every registered broker-dealer who is itself
a large trader or carries an account for a large trader or an
Unidentified Large Trader shall electronically report to the
Commission, using the infrastructure supporting Sec.  240.17a-25, in
machine-readable form

and in accordance with instructions issued by the Commission, all
information required under paragraphs (d)(2) and (d)(3) of this section
for all transactions effected directly or indirectly by or through
accounts carried by such broker-dealer for large traders and
Unidentified Large Traders, equal to or greater than the reporting
activity level. Additionally, where a non-broker-dealer carries an
account for a large trader or an Unidentified Large Trader, the broker-
dealer effecting such transactions directly or indirectly for a large
trader shall electronically report using the infrastructure supporting
Sec.  240.17a-25, in machine-readable form and in accordance with
instructions issued by the Commission, all information required under
paragraphs (d)(2) and (d)(3) of this section for such transactions
equal to or greater than the reporting activity level. Such reports
shall be submitted to the Commission no later than the day and time
specified in the request for transaction information, which shall be no
earlier than the opening of business of the day following such request,
unless in unusual circumstances the same-day submission of information
is requested.
    (f) Monitoring safe harbor. For the purposes of this rule, a
registered broker-dealer shall be deemed not to know or have reason to
know that a person is a large trader if it does not have actual
knowledge that a person is a large trader and it establishes policies
and procedures reasonably designed to:
    (1) Identify persons who have not complied with the identification
requirements of paragraphs (b)(1) and (b)(2) of this section but whose
transactions effected through an account or a group of accounts carried
by such broker-dealer or through which such broker-dealer executes
transactions, as applicable (and considering account name, tax
identification number, or other identifying information available on
the books and records of such broker-dealer) equal or exceed the
identifying activity level;
    (2) Treat any persons identified in paragraph (f)(1) of this
section as an Unidentified Large Trader for purposes of this section;
and
    (3) Inform any person identified in paragraph (f)(1) of this
section of its potential obligations under this section.
    (g) Exemptions. Upon written application or upon its own motion,
the Commission may by order exempt, upon specified terms and conditions
or for stated periods, any person or class of persons or any
transaction or class of transactions from the provisions of this
section to the extent that such exemption is consistent with the
purposes of the Securities Exchange Act of 1934 (15 U.S.C. 78a).

PART 249--FORMS, SECURITIES EXCHANGE ACT OF 1934

0
3. The authority citation for Part 249 continues to read in part as
follows:

    Authority:  15 U.S.C. 78a, et seq. and 7201 et seq.; and 18
U.S.C. 1350, unless otherwise noted.

* * * * *

0
4. Add Sec.  249.327 to read as follows:

Sec.  249.327   Form 13H, Information required on large traders
pursuant to Section 13(h) of the Securities Exchange Act of 1934 and
rules thereunder.

    This form shall be used by persons that are large traders required
to furnish identifying information to the Commission pursuant to
Section 13(h)(1) of the Securities Exchange Act of 1934 [15 U.S.C.
78m(h)(1)] and Sec.  240.13h-1(b) of this chapter.

    Note: The text of Form 13H does not, and this amendment will
not, appear in the Code of Federal Regulations.

     OMB Number: 3235-0862
     Estimated average burden hours per response: 18
United States Securities and Exchange Commission

FORM 13H

Large Trader Registration

Information Required of Large Traders Pursuant to Section 13(h) of the
Securities Exchange Act of 1934 and Rules Thereunder

[ ] INITIAL FILING: Date identifying transactions first effected (mm/
dd/yyyy) ------------------

Voluntary filing? [ ] no [ ] yes
Date of voluntary filing --------------

[ ] ANNUAL FILING: Calendar year ending ------------------------

[ ] AMENDED FILING

[ ] INACTIVE STATUS: Date commencing Inactive Status (mm/dd/yyyy) ----
--------------

[ ] TERMINATION FILING: Effective date (mm/dd/yyyy) --------------

[ ] REACTIVATED STATUS: Date identifying transactions first effected,
post-Inactive Status (mm/dd/yyyy) ------------------

-----------------------------------------------------------------------
Name of Large Trader Filing This Form

-----------------------------------------------------------------------
LTID

-----------------------------------------------------------------------
Taxpayer Identification Number

-----------------------------------------------------------------------
Business Address of the Large Trader (Street, City, State, Zip,
Country)

-----------------------------------------------------------------------
Mailing Address of the Large Trader (Street, City, State, Zip, Country)

Telephone No ( ) ----- ------ Facsimile No. ( ) ---- - ------ Email --
----------------------------

    The Form and the schedules thereto must be submitted by a natural
person who is authorized to make this submission on behalf of the large
trader.
-----------------------------------------------------------------------
Name of Authorized Person (First, Middle Initial, Last)

-----------------------------------------------------------------------
Title of Authorized Person

-----------------------------------------------------------------------
Relationship to Large Trader

-----------------------------------------------------------------------
Business Address of Authorized Person (Street, City, State, Zip,
Country)

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

Authorized Person's Telephone
No. ( ) ------ - ------
Facsimile No. ( ) ------ - ------
Authorized Person's Email

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

ATTENTION

    Intentional misstatements or omissions of facts constitute Federal
Criminal Violations. See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a).
Intentional misstatements or omissions of facts may result in civil
fines and other sanctions pursuant to the Securities Exchange Act of
1934.
    The authorized person signing this form represents that all
information contained in the form, schedules, and continuation sheets
is true, correct, and complete. It is understood that all information
whether contained in the form, schedules, or continuation sheets, is
considered an integral part of this form and that any amendment
represents that all unamended information remains true, correct, and
complete.
-----------------------------------------------------------------------
Signature of Person Authorized to Submit this Form
FORM 13H
INFORMATION REQUIRED OF ALL LARGE TRADERS
ITEM 1. BUSINESSES OF THE LARGE TRADER (check as many as applicable)
    (a) Businesses engaged in by the large trader and any of the large
trader's affiliates (check as many as applicable)
[ ] Broker or Dealer
[ ] Government Securities Broker or Dealer
[ ] Municipal Securities Broker or Dealer

[ ] Investment Adviser
    [ ] to Registered Investment Companies
    [ ] to Hedge Funds or other Funds not registered under the
Investment Company Act
[ ] Futures Commission Merchant
[ ] Commodity Pool Operator
[ ] Bank Holding Company
[ ] Non-Bank Holding Company
[ ] Bank
[ ] Pension Trustee
[ ] Non-Pension Trustee
[ ] Insurance Company
[ ] Other (specify)----------------------------------------------------

    (b) Describe the nature of the business of the large trader
including a description for each Securities Affiliate:
-----------------------------------------------------------------------
-----------------------------------------------------------------------
-----------------------------------------------------------------------
-----------------------------------------------------------------------
ITEM 2. SECURITIES AND EXCHANGE COMMISSION FILINGS
    Does the large trader or any of its Securities Affiliates file any
other forms with the Commission?
    [ ] Yes [ ] No
    If yes, specify the entity and the forms filed:

             Entity                  Form(s) filed          CIK No.

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

ITEM 3. CFTC REGISTRATION AND FOREIGN REGULATORS
    (a) Is the large trader or any of its affiliates registered with
the Commodity Futures Trading Commission in any capacity, including as
a ``registered trader'' pursuant to sections 4i and 9 of the Commodity
Exchange Act?
    [ ] Yes [ ] No
    If yes, identify each entity and specify the registration number:

                  Entity                          Registration No.

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

    (b) Is the large trader or any of its Securities Affiliates
regulated by a foreign regulator?
    [ ] Yes [ ] No
    If yes, identify each entity and its primary foreign regulator(s):

                  Entity                     Primary foreign  regulator

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

ITEM 4. ORGANIZATION INFORMATION
    (a) Attach an Organizational Chart that identifies the large
trader, its parent company (if applicable), all Securities Affiliates,
and all entities identified in Item 3(a).
    (b) Provide the following information on all Securities Affiliates
and all entities identified in Item 3(a):

                                                                     Description of        Relationship to the
                Entity                         MPID(s)                  business               large trader

----------                             ------.................  --------...............  --------
----------                             ------.................  --------...............  --------
----------                             ------.................  --------...............  --------
----------                             ------.................  --------...............  --------

    (c) If any affiliates file separately, identify each entity:

             Entity                      LTID          Suffix  (if any)

------------                      ----------          ----------
------------                      ----------........  ----------
------------                      ----------          ----------

    (d) If any affiliates have been assigned an LTID suffix, identify
such entities and their corresponding suffixes:

                  Entity                               Suffix

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

ITEM 5. GOVERNANCE OF THE LARGE TRADER
    (a) STATUS OF THE LARGE TRADER (check as many as apply)
[ ] Individual
[ ] Trustee
[ ] Limited Liability Company
[ ] Partnership
[ ] Limited Partnership
[ ] Corporation
[ ] Other (specify)----------------------------------------------------

    (b) Complete the following for each general partner, and in the
case of limited partnerships, each limited partner that is the owner of
more than a 10 percent financial interest in the accounts of the large
trader:

                   Name                     Status  (check one for each)

------------------                          [ ] General Partner
                                            [ ] Limited Partner.
------------------                          [ ] General Partner
                                            [ ] Limited Partner.
------------------                          [ ] General Partner
                                            [ ] Limited Partner.
------------------                          [ ] General Partner
                                            [ ] Limited Partner.
------------------                          [ ] General Partner
                                            [ ] Limited Partner.
------------------                          [ ] General Partner
                                            [ ] Limited Partner.
------------------                          [ ] General Partner
                                            [ ] Limited Partner.

    (c) Complete the following for each executive officer, director, or
trustee of a large trader corporation or trustee:

                   Name                     Status  (check one for each)

----------------                            [ ] Executive Officer
                                            [ ] Director
                                            [ ] Trustee.
----------------                            [ ] Executive Officer
                                            [ ] Director
                                            [ ] Trustee.
----------------                            [ ] Executive Officer
                                            [ ] Director
                                            [ ] Trustee.
----------------                            [ ] Executive Officer
                                            [ ] Director
                                            [ ] Trustee.
----------------                            [ ] Executive Officer
                                            [ ] Director
                                            [ ] Trustee.
----------------                            [ ] Executive Officer
                                            [ ] Director
                                            [ ] Trustee.
----------------                            [ ] Executive Officer
                                            [ ] Director
                                            [ ] Trustee.

    (d) Jurisdiction in which the large trader entity is incorporated
or organized:

-----------------------------------------------------------------------
(state and country)
ITEM 6. LIST OF BROKER-DEALERS AT WHICH THE LARGE TRADER OR ITS
SECURITIES AFFILIATES HAS AN ACCOUNT
    Identify each broker-dealer at which the large trader or any of its
Securities Affiliates has an account and the types of services
provided.

          Name of  Broker-Dealer

----------------                           [ ] Prime Broker
                                           [ ] Executing Broker
                                           [ ] Clearing Broker.
----------------                           [ ] Prime Broker
                                           [ ] Executing Broker
                                           [ ] Clearing Broker.
----------------                           [ ] Prime Broker
                                           [ ] Executing Broker
                                           [ ] Clearing Broker.
----------------                           [ ] Prime Broker
                                           [ ] Executing Broker
                                           [ ] Clearing Broker.
----------------                           [ ] Prime Broker
                                           [ ] Executing Broker
                                           [ ] Clearing Broker.
----------------                           [ ] Prime Broker
                                           [ ] Executing Broker
                                           [ ] Clearing Broker.
----------------                           [ ] Prime Broker
                                           [ ] Executing Broker
                                           [ ] Clearing Broker.
----------------                           [ ] Prime Broker
                                           [ ] Executing Broker
                                           [ ] Clearing Broker.
----------------                           [ ] Prime Broker
                                           [ ] Executing Broker
                                           [ ] Clearing Broker.
----------------                           [ ] Prime Broker
                                           [ ] Executing Broker
                                           [ ] Clearing Broker.

INSTRUCTIONS FOR FORM 13H
    Submission of the Form. All submissions on Form 13H must be filed
electronically through the Commission's Electronic Data Gathering,
Analysis, and Retrieval (``EDGAR'') system. For more information on
filing through EDGAR, including instructions on how to obtain access to
and file electronically through EDGAR, see the EDGAR Filer Manual
(available on the Commission's website at: http://www.sec.gov/info/edgar.shtml).
    Definitions. The term ``Securities Affiliate'' means an affiliate
of the large trader that exercises investment discretion over NMS
securities.
    The term ``affiliate'' means any person that directly or indirectly
controls, is under common control with, or is controlled by the large
trader.
    The term ``bank'' means a national bank, state member bank of the
Federal Reserve System, state non-member bank, savings bank or
association, credit union, or foreign bank.
    The term ``executive officer'' means ``policy-making officer'' and
otherwise is interpreted in accordance with Rule 16a-1(f) under the
Exchange Act.
    Type of Filing. Indicate the type of Form 13H filing by checking
the appropriate box at the top of the cover page to Form 13H. All
filings must include a valid digital signature.
    If the filing is an ``Initial Filing,'' indicate whether it is a
voluntary filing. Voluntary filings are submitted regardless of whether
the aggregate number of transactions effected reached the identifying
activity level. For voluntary filings, the large trader must input the
date on which it submits its voluntary filing. For non-voluntary
filings, the large trader must input the first date on which the
aggregate number of transactions effected reached the identifying
activity level. A non-voluntary ``Initial Filing'' must be submitted
promptly after first effecting an aggregate number of transactions
equal to or greater than the identifying activity level.
    If the filing is an ``Annual Filing,'' input the applicable
calendar year.
    An ``Amended Filing'' must be filed promptly following the end of
the calendar quarter in which any of the information contained in a
Form 13H filing becomes inaccurate for any reason. A large trader must
file an ``Amended Filing'' when, for example, it changes its name,
business address, organization type (e.g., the large trader partnership
reincorporates as a limited liability company), or regulatory status
(e.g., a hedge fund registers under the Investment Company Act), or
when its organizational chart changes in a manner relevant under Item
4(a) (e.g., it adds or removes a Securities Affiliate).
    If the filing is for ``Inactive Status,'' input the date that the
large trader qualified for Inactive Status. A large trader that has not
effected aggregate transactions at any time during the previous full
calendar year in an aggregate amount equal to or greater than the
identifying activity level may file for Inactive Status. A large trader
shall become inactive, and exempt from the filing and self-
identification requirements upon filing for Inactive Status until the
identifying activity level is reached again.
    If the filing is for ``Reactivated Status,'' indicate the date that
the aggregate number of transactions again reached or exceeded the
identifying activity level. A filing for ``Reactivated Status'' must be
submitted promptly after effecting an aggregate number of
transactions--subsequent to filing for ``Inactive Status''--equal to or
greater than the identifying activity level. In addition, a person may
voluntarily elect to file for Reactivated Status prior to effecting
aggregate transactions that are equal to or greater than the
identifying activity threshold. For such voluntarily filings for
``Reactivated Status,'' the date of the voluntarily filing should be
entered rather than the date that the aggregate number of transactions
again reached or exceeded the identifying activity level.
    If the filing is a ``Termination Filing,'' indicate the date on
which the large trader ceased operation. For example, when one large
trader merges into another large trader, resulting in only one
surviving entity, the non-surviving large trader should specify the
effective date of the merger in its Termination Filing.
    The Form also requires that a large trader input its Taxpayer
Identification Number. The Form further requires a large trader to
input its business and mailing addresses. If those addresses are the
same, for the mailing address field, the large trader may either input
its address again or input ``same.''
    The Form must be filed by a natural person who is authorized to
submit it on behalf of the large trader. The Commission may require the
large trader to provide descriptive or clarifying information about the
information disclosed in the Form 13H, and will contact the Authorized
Person to provide such information.
    To amend the name, phone number, and email address of the large
trader, the large trader must modify its EDGAR profile. Thereafter,
changes will automatically be reflected in the Form 13H.
    Item 1. Businesses of the Large Trader. Item 1 of the Form requires
the large trader to specify, from among the enumerated choices, the
types of business engaged in by the large trader, by checking as many
as are applicable. Select ``Other'' to indicate a financial entity not
included in any of the enumerated categories and enter a short
description for each such entity. In addition, select ``Other'' if the
large trader is an individual and input his or her occupation.
    A large trader also is required, for itself and each of its
Securities Affiliates, to describe the nature of its operations,
including a general description of its trading strategies. As an
example, the following would be an appropriate description:
``Registered market-maker on [SRO], authorized participant for a number
of ETFs based on foreign indices, and proprietary trading focusing on
statistical arbitrage.''
    Item 2. Securities and Exchange Commission Filings. The large
trader must indicate whether it or any of its Securities Affiliates
files forms with the Commission. If it checks ``Yes,'' the large trader
must input the names of the filing entities and, for each of them,
input the form(s) they file and the applicable CIK number.
    Item 3. CFTC Registration and Foreign Regulators.
    Item 3(a) requires the large trader to indicate whether it or any
of its affiliates

is registered with the Commodity Futures Trading Commission in any
capacity, including as a ``registered trader'' pursuant to Sections 4i
and 9 of the Commodity Exchange Act. If it checks ``Yes,'' the large
trader must input the name of each such entity and the registration
number for each such entity.
    Item 3(b) requires the large trader to indicate whether it or any
of its Securities Affiliates is regulated by a foreign regulator.
Unlike Item 3(a), Item 3(b) applies only to the large trader and its
Securities Affiliates. If it checks ``Yes,'' the large trader must
input the name of each such regulated entity and its primary foreign
regulator.
    Item 4. Organization Information.
    To comply with Item 4(a), the large trader must attach an
organizational chart that depicts the organization of the large trader.
At a minimum, the chart must include the large trader, its parent
company (if applicable), all Securities Affiliates, and all entities
identified in Item 3(a) of the Form (if any) (collectively, ``Item 4
Affiliates'').
    Item 4(b) requires that a large trader provide information about
the Item 4 Affiliates. Specifically, the large trader must input the
names of Item 4 Affiliates and, for each one of them, also input the
following information: MPID(s); a brief description of its business,
and its relationship to the large trader.
    Item 4(c) requires that a large trader identify all affiliates that
file a separate Form 13H. Those affiliates will have a different LTID.
    Item 4(d) permits a large trader to assign LTID suffixes to one or
more of its Securities Affiliates. A suffix should have no more than
three characters, all of which must be numbers; no letters or special
characters may be used. The same suffix may not be assigned to more
than one affiliate using the same LTID.
    Item 5. Governance of the Large Trader.
    Item 5 captures basic information about the large trader
organization. All terms have the meanings generally ascribed to them in
the United States. If a foreign organization type has no comparable
corporate form, check ``Other'' and input the organization type. A
large trader who is a natural person must check ``Individual.''
    Item 6. List of Broker-Dealers at Which the Large Trader or Its
Securities Affiliates Has an Account.
    Item 6 requires that a large trader identify each broker-dealer at
which the large trader and any Securities Affiliate has an account.
Additionally, for each such broker-dealer, the large trader must
indicate the type(s) of services provided. The large trader must check
as many of the following that apply: Prime Broker; Executing Broker;
Clearing Broker.
    Paperwork Reduction Act Disclosures. This collection of information
has been reviewed by OMB in accordance with the clearance requirements
of 44 U.S.C. 3507. An agency may not conduct or sponsor, and a person
is not required to respond to, a collection of information unless it
displays a currently valid control number.
    Responses to this collection are mandatory, pursuant to Section
13(h) of the Exchange Act and Rule 13h-1 thereunder. The Commission
will treat as confidential the information collected pursuant to this
Form in a manner consistent with Section 13(h)(7) of the Exchange Act,
which sets forth a few limited exceptions.
    The Commission will use the information collected pursuant to this
Form 13H to identify significant market participants, i.e., large
traders. Form 13H will allow the Commission to collect background
information about large traders, which will contribute to the agency's
ability to conduct investigations and enforcement matters. The
Commission estimates that the average burden to respond to the Form 13H
will be 18 hours. Any member of the public may direct to the Commission
any comments concerning the accuracy of this burden estimate and any
suggestions for reducing this burden.

    By the Commission.

    Dated: July 27, 2011.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-19419 Filed 8-2-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 29 (Thursday, February 12, 2015)]
[Notices]
[Page 7857]
[FR Doc No: 2015-02934]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP15-70-000]

Regency Field Services, LLC; Notice of Application

    Take notice that on January 23, 2015, Regency Field Services, LLC
(RFS), 2001 Bryan St., Suite 3700, Dallas, Texas 75201, filed in Docket
No. CP15-70-000 an application pursuant to section 7(c) of the Natural
Gas Act (NGA) and Part 157 of the Commission's regulations, requesting:
(i) A certificate of public convenience and necessity authorizing RFS
to own, operate and maintain its Beaver Residue Line, located in Beaver
County, Oklahoma, for the purpose of transporting its own natural gas;
(ii) a blanket certificate, pursuant to Part 157, Subpart F, of the
Commission's regulations; (iii) waivers of certain regulatory
requirements; and (iv) confirmation that the Commission's assertion of
jurisdiction over the Beaver Residue Line will not jeopardize the non-
jurisdictional status of RFS's otherwise non-jurisdictional gathering
and processing facilities and operations.
    The Beaver Residue line is a 13 mile, 12-inch diameter natural gas
residue pipeline, that transports RFS's own natural gas to the pipeline
system of Southern Star Central Gas Pipeline, Inc., all as more fully
set forth in the application which is on file with the Commission and
open to public inspection. The filing may also be viewed on the web at
http://www.ferc.gov using the ``eLibrary'' link. Enter the docket
number excluding the last three digits in the docket number field to
access the document.
    Any questions regarding this application should be directed to Ms.
Deena L. Jordan, Chief Compliance Officer, Regency Field Services, LLC,
2001 Bryan Street, Suite 3700, Dallas, Texas 75201, by telephone at
(214) 840-5812 or by email at<EMAIL_ADDRESS>    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
Complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and state agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below, file with the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit seven copies of filings made with the Commission and must mail a
copy to the applicant and to every other party in the proceeding. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commentors will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commentors will not be required to serve copies of filed
documents on all other parties. However, the non-party commentors will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically should
submit an original and five copies of the protest or intervention to
the Federal Energy regulatory Commission, 888 First Street NE.,
Washington, DC 20426.
    There is an ``eSubscription'' link on the Web site that enables
subscribers to receive email notification when a document is added to a
subscribed docket(s). For assistance with any FERC Online service,
please email<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll
free). For TTY, call<PHONE_NUMBER>.
    Comment Date: February 26, 2015.

    Dated: February 5, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015-02934 Filed 2-11-15; 8:45 am]
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[Federal Register Volume 79, Number 249 (Tuesday, December 30, 2014)]
[Notices]
[Pages 78450-78452]
[FR Doc No: 2014-30450]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2014-N-1936]

Electronic Cigarettes and the Public Health; Public Workshop

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of public workshop.

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    The Food and Drug Administration (FDA), Center for Tobacco
Products, is announcing a public workshop to obtain information on
electronic cigarettes and the public health. This will be the second in
a series of three workshops. The workshop will include presentations
and panel discussions about the current state of the science and will
focus on individual health impacts. FDA intends to follow this workshop
with an electronic cigarette workshop on population health effects.

DATES AND TIMES: The public workshop will be held on March 9, 2015,
from 8 a.m. to 5 p.m. and on March 10, 2015, from 8 a.m. to 5 p.m.
Individuals who wish to attend the public workshop must register by
February 20, 2015.

LOCATION: The public workshop will be held at the Marriott Inn and
Conference Center, University of Maryland University College, Potomac
Ballroom, 3501 University Blvd. East, Hyattsville, MD 20783. The
conference center's telephone number is<PHONE_NUMBER>.

CONTACT PERSON: Caryn Cohen, Office of Science, Center for Tobacco
Products, Food and Drug Administration, Document Control Center, Bldg.
71, Rm.

G335, 10903 New Hampshire Ave., Silver Spring, MD 20993-0002, 1-877-
287-1373, email<EMAIL_ADDRESS>    Registration to Attend the Workshop: If you wish to attend the
workshop in person or by Webcast, you must register by submitting an
electronic or written request no later than February 20, 2015. Please
submit electronic requests at https://www.surveymonkey.com/s/CTP-March-Workshop. Persons without Internet access may send written requests for
registration to Caryn Cohen (see Contact Person). Requests for
registration must include the prospective attendee's name, title,
affiliation, address, email address if available, and telephone number.
Registration is free and you may register to attend in person or view
the live Webcast. Seating and viewership are limited, so early
registration is recommended. FDA may limit the number of registrants
from a single organization and the total number of participants if
registration reaches full capacity. For registrants with Internet
access, confirmation of registration will be emailed to you no later
than February 23, 2015. Onsite registration may be allowed if space is
available. If registration reaches maximum capacity, FDA will post a
notice closing registration at http://www.fda.gov/TobaccoProducts/NewsEvents/ucm238308.htm. If you need special accommodations due to a
disability, please contact Caryn Cohen (see Contact Person) no later
than March 2, 2015.
    Presenters and Panelists: FDA is interested in gathering scientific
information from individuals with a broad range of backgrounds on the
scientific topics to be discussed at the workshop. To be considered as
a presenter, please provide the following:
     A brief abstract for each presentation. The abstract
should identify the specific topic(s) to be addressed and the amount of
time requested.
     A one page biosketch that describes and supports the
speaker's scientific expertise on the specific topic(s) being
presented, nature of the individual's experience and research in the
scientific field, positions held, and any program development
activities.
    Panelists will discuss their scientific knowledge on the questions
and presentations in each session. To be considered to serve as a
panelist, please provide the following:
     A one page biosketch that describes and supports the
speaker's scientific expertise on the specific topic(s) being
presented, nature of the individual's experience and research in the
scientific field, positions held, and any program development
activities.
    If you are interested in serving as a presenter or panelist, please
submit the requested information, along with the topic on which you
would like to speak, to<EMAIL_ADDRESS>by January 22, 2015.
    Oral Presentations by Members of the Public: This workshop includes
a public comment session. Persons wishing to present during the public
comment session must make this request at the time of registration and
should identify the topic they wish to address from among those topics
under consideration that are identified in section II. FDA will do its
best to accommodate requests to present. FDA urges individuals and
organizations with common interests to consolidate or coordinate their
comments, and request a single time for a joint presentation. For those
requesters with Internet access, Caryn Cohen (see Contact Person) will
email you regarding your request to speak during the public comment
period by February 23, 2015.
    Transcripts: A transcript of the proceedings will be available
after the workshop at http://www.fda.gov/TobaccoProducts/NewsEvents/ucm238308.htm as soon as the official transcript is finalized. It will
also be posted to the docket at http://www.regulations.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing a public workshop to gather scientific
information and stimulate discussion among scientists about electronic
cigarettes (e-cigarettes). The focus of this workshop will be the
impact of e-cigarettes on individual health, including user exposure,
topography, abuse liability, dependence, and short and long-term health
effects. A workshop focusing on product science, product packaging,
constituent labeling, and environmental impact was held in December
2014. FDA intends to follow this workshop with an additional workshop
that will address the impact of e-cigarettes on the population,
including discussions of product appeal (e.g., impact of advertising,
marketing, flavorings, consumer perceptions) and product safety
labeling.
    On April 25, 2014, FDA published a proposed rule to extend its
tobacco product authorities to additional products that meet the
statutory definition of ``tobacco product'' ``Deeming Tobacco Products
to Be Subject to the Federal Food, Drug, and Cosmetic Act (FD&C Act),
as Amended by the Family Smoking Prevention and Tobacco Control Act;
Regulations on the Sale and Distribution of Tobacco Products and
Required Warning Statements for Tobacco Products'' (79 FR 23141, April
25, 2014, Docket No. FDA-2014-N-0189) (proposed deeming rule). If the
proposed deeming rule is finalized as proposed, e-cigarettes that are
tobacco products would be subject to FDA regulation under the FD&C Act.
As stated in the proposed deeming rule, FDA ``is aware of the recent
significant increase in the prevalence in e-cigarette use'' (79 FR
23141 at 23152), and there is much to be learned about these relatively
new entrants to the market.
    These workshops are intended to better inform FDA about these
products. Should the Agency move forward as proposed to regulate e-
cigarettes, additional information about the products would assist the
Agency in carrying out its responsibilities under the law. This would
be true regardless of the details of any such final rule. Accordingly,
FDA is working to obtain such information now rather than waiting for
the conclusion of the deeming rulemaking.
    Participants should note that this workshop is not intended to
inform the Agency's deeming rulemaking. All comments regarding the
proposed deeming rule were to be submitted to the Agency by August 8,
2014 (Docket No. FDA-2014-N-0189). As such, the scope of this workshop
is limited to the topics presented in Section II.
    At the start of the first workshop in this series, FDA announced
via a Federal Register notice the opening of a docket for submission of
written comments regarding all three workshops (see Establishment of a
Public Docket; Electronic Cigarettes and the Public Health Workshop,
Docket No. FDA-2014-N-1936, http://www.gpo.gov/fdsys/pkg/FR-2014-12-02/pdf/2014-28261.pdf). Regardless of attendance at the public workshops,
interested persons are invited to submit comments to the docket.
Comments submitted to the docket will not be added to other dockets,
such as the docket for the proposed rule deeming additional tobacco
products subject to the FD&C Act.

II. Topics for Discussion

    The public workshop will include presentations and panel discussion
regarding e-cigarettes and the public health, specifically relating to
the impact of e-cigarettes on individual health. Topics to be addressed
include, for example: (1) Topography; (2) exposures and toxicological
considerations; (3) pharmacokinetics

and pharmacodynamics of nicotine exposure in users; (4) abuse liability
and dependence; (5) short and long-term health effects in users; (6)
considerations for high risk or vulnerable populations; and (7) human
factors. Additional information related to workshop presentations and
discussion topics, including specific questions to be addressed at the
workshop, can be found at http://www.fda.gov/TobaccoProducts/NewsEvents/ucm238308.htm.

    Dated: December 22, 2014.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2014-30450 Filed 12-29-14; 8:45 am]
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[Federal Register Volume 86, Number 163 (Thursday, August 26, 2021)]
[Rules and Regulations]
[Pages 47580-47581]
[FR Doc No: 2021-18344]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2021-0341; FRL-8728-02-R9]

Severe Area Submission Requirements for the 2008 Ozone NAAQS;
California; Eastern Kern Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: Under the Clean Air Act, the Environmental Protection Agency
(EPA) is establishing a schedule for the the California Air Resources
Board (CARB) to submit revisions to the state implementation plan (SIP)
addressing ``Severe'' area requirements for the 2008 8-hour ozone
national ambient air quality standards (NAAQS) for the Eastern Kern
nonattainment area (``Eastern Kern''). CARB will be required to submit
SIP revisions addressing Severe area requirements for Eastern Kern,
including revisions to new source review (NSR) rules, no later than
January 7, 2023. Submittal of any necessary revisions to the title V
rules that apply in Eastern Kern are due no later than January 7, 2022.
Lastly, the EPA is establishing a deadline for implementation of new
reasonably available control technology (RACT) rules as expeditiously
as practicable but no later than July 7, 2024.

DATES: This rule is effective September 27, 2021.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2021-0341. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
confidential business information (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 through https://www.regulations.gov, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional availability information. If you need assistance
in a language other than English or if you are a person with
disabilities who needs a reasonable accommodation at no cost to you,
please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section.

FOR FURTHER INFORMATION CONTACT: Ben Leers, Air Planning Office (AIR-
2), EPA Region IX,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA.

Table of Contents

I. Background
II. Public Comment Period
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    On June 7, 2021, the EPA issued a final rulemaking granting a
request by CARB to reclassify Eastern Kern from ``Serious'' to Severe
for the 2008 ozone NAAQS under section 181(b)(3) of the Clean Air Act
(CAA).\1\ Our reclassification of Eastern Kern from Serious to Severe
is in effect as of July 7, 2021. In a separate document published on
June 7, 2021, the EPA proposed a schedule for CARB to submit revisions
to the California SIP addressing Severe area requirements for the 2008
ozone NAAQS and to submit revisions to the title V operating permit
rules for Eastern Kern.\2\
---------------------------------------------------------------------------

    \1\ 86 FR 30204.
    \2\ 86 FR 30234.
---------------------------------------------------------------------------

    Our June 7, 2021 proposed rule includes background information
concerning the EPA's promulgation of the 2008 ozone NAAQS and history
of the designation and classification of Eastern Kern for the 2008
ozone NAAQS. Our proposed rule also describes the Severe area SIP
requirements that apply to Eastern Kern as a result of the
reclassification and proposes a schedule for CARB to submit Severe area
SIP requirements and title V rule revisions.
    More specifically, in our proposed rule, we proposed to establish a
deadline for CARB to submit SIP revisions addressing Severe area
requirements for Eastern Kern, including revisions to NSR rules, no
later than 18 months from the effective date of the EPA's final rule
reclassifying Eastern Kern to Severe for the 2008 ozone NAAQS. We also
proposed to establish a deadline of no later than six months from the
effective date of the reclassification for CARB to submit any
corresponding revisions to title V rules for Eastern Kern. Lastly, we
proposed to establish a deadline for implementation of new RACT rules
in Eastern Kern as expeditiously as practicable but no later than 18
months from the date when the Severe area RACT SIP is due. The
effective date of the EPA's final rule reclassifying Eastern Kern to
Severe for the 2008 ozone NAAQS is July 7, 2021. In this final rule, we
are taking final action to establish the various deadlines based on the
July 7, 2021 effective date for reclassification.

II. Public Comment Period

    The public comment period on the proposed rule opened on June 7,
2021, the date of its publication in the Federal Register, and closed
on July 7, 2021. During this period, the EPA did not receive any
comments on our proposed action.

III. Final Action

    For the reasons described in our June 7, 2021 proposed rule, the
EPA is invoking its CAA section 301(a) authority to establish a
deadline of no later than January 7, 2023 (i.e., 18 months from the
effective date of our final rule reclassifying Eastern Kern as Severe)
for CARB to submit SIP revisions addressing all Severe area SIP
elements for the Eastern Kern ozone nonattainment area. We are also
establishing a deadline of January 7, 2022 (i.e., six months from the
effective date of reclassification to Severe) for CARB to submit any
necessary revisions to title V rules for Eastern Kern. Lastly, the EPA
is establishing a deadline for implementation of Severe area RACT
controls in Eastern Kern as expeditiously as practicable but no later
than July 7, 2024 (i.e., 18 months from the date when the Severe area
RACT SIP is due, or 36 months from the effective date of
reclassification to Severe).

IV. Statutory and Executive Order Reviews

    Under Executive Orders 12866 (58 FR 51735, October 4, 1993) and
13563 (76 FR 3821, January 21, 2011), this action is not a
``significant regulatory action'' and therefore is not subject to
review by the Office of Management and Budget. Because the statutory
requirements are clearly defined with respect to the differently
classified areas, and because those requirements are automatically
triggered by classification, the timing of the submittal of the Severe
area requirements does not impose a materially adverse impact under

Executive Order 12866. For these reasons, this action is also not
subject to Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001).
    In addition, I certify that this action will not have a significant
economic impact on a substantial number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.), because the action
addresses only the timing of submittals required by the Clean Air Act.
For the same reason, this action does not have regulatory requirements
that might significantly or uniquely affect small governments, as
described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).
    Executive Order 13175 (65 FR 67249, November 9, 2000) requires the
EPA to develop an accountable process to ensure ``meaningful and timely
input by tribal officials in the development of regulatory policies
that have tribal implications.'' ``Policies that have tribal
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on one or more Indian tribes, on
the relationship between the Federal government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
government and Indian tribes.'' There are no Indian reservation lands
or other areas where the EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction within the Eastern Kern ozone nonattainment
area, and thus, this action 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.
    This action also does not have federalism implications because it
does not have substantial direct effects on the states, on the
relationship between the national government and the states, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999). This action does not alter the relationship, or the
distribution of power and responsibilities established in the Clean Air
Act.
    This rule also is not subject to Executive Order 13045 (62 FR
19885, April 23, 1997). The EPA interprets Executive Order 13045 as
applying only to those regulatory actions that concern environmental
health or safety risks such that the analysis required under section 5-
501 of the Executive Order has the potential to influence the
regulation. This action does not concern an environmental health risk
or safety risk.
    As this action establishes a deadline for the submittal of CAA
required plans and information, the requirements of section 12(d) of
the National Technology Transfer and Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. This rule does not impose an information
collection burden under the provisions of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.).
    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States. This action addresses the timing for
the submittal of Severe area ozone planning requirements, and we find
that it does not have disproportionately high and adverse human health
or environmental health effects on minority populations, low-income
populations and/or indigenous peoples, as specified in Executive Order
12898.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by October 25, 2021. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Volatile organic compounds.

    Dated: August 19, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2021-18344 Filed 8-25-21; 8:45 am]
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