[Federal Register: October 21, 2009 (Volume 74, Number 202)]
[Notices]
[Page 54113-54114]
[DOCID:fr21oc09-112]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60818; File No. SR-BX-2009-048]

Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Order
Approving a Proposed Rule Change To Amend the Grandfathered Rules of
the Exchange

October 13, 2009.

    On August 17, 2009, NASDAQ OMX BX, Inc. (``Exchange'') filed with
the Securities and Exchange Commission (``Commission''), pursuant to
Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\
and Rule 19b-4 thereunder,\2\ a proposed rule change to amend the
Grandfathered Rules of the Exchange.\3\ The proposed rule change was
published for comment in the Federal Register on September 8, 2009.\4\
The Commission received no comments on the proposal.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ The Grandfathered Rules are operative to the extent that
they apply to the Boston Options Exchange Group, LLC (``BOX'') and
to Options Participants on the Exchange, and are to be read in
conjunction with the Rules of the BOX.
    \4\ See Securities Exchange Act Release No. 60591 (August 31,
2009), 74 FR 46288.
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    The proposed rule change would incorporate certain provisions of
the former Constitution of the Boston Stock Exchange, Incorporated
(``BSE'') \5\ into the Grandfathered Rules. The provisions to be added
to the Grandfathered Rules relate to the following: (1) Participation
(formerly Membership) rules, to supplement the By-Laws and the
Grandfathered Rules to direct the BOX Options Participants
(``Participants'') and prospective participants to Section 6(c) of the
Act,\6\ as cited in the proposed rule text regarding the investigation
and acceptance of an applicant; (2) Non-liability of the Exchange
provision, to reinforce to Participants the ``non-liability'' of the
Exchange for damages sustained from use of the facilities of the
Exchange; (3) Insolvent Participants, to provide guidance for Insolvent
Participants to notify the Exchange, of such insolvency and to state
that the Exchange will notify the Commission of such insolvency; and
(4) Exchange Inquiries to remind Participants that they may be subject
to expulsion or suspension for failure to respond to an Exchange
Inquiry.
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    \5\ Securities Exchange Act Release No. 58324 (August 7, 2008),
73 FR 46936 (August 12, 2008) (SR-BSE-2008-02, -23, -25; SR-BSECC-
2008-01) (``Release No. 34-58324'').
    \6\ 15 U.S.C. 78f(c).

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    The Exchange proposes to apply these provisions retroactively to
the date on which proposals set forth in Release No. 34-58324 were
approved by the Commission.\7\
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    \7\ See supra note 5.
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    The Commission finds that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder applicable to a national securities exchange \8\ and, in
particular, the requirements of Section 6 of the Act \9\ and the rules
and regulations thereunder. The Commission finds specifically that the
proposed rule change is consistent with Section 6(b)(5) of the Act,\10\
in particular, in that it is designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in facilitating transactions in securities, to remove
impediments to and perfect the mechanism of a free and open market and
a national market system, and, in general, to protect investors and the
public interest because it clarifies the provisions of the former BSE
Constitution that will continue to apply to Participants.
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    \8\ In approving this proposed rule change, the Commission notes
that it has considered the proposed rule's impact on efficiency,
competition, and capital formation. 15 U.S.C. 78c(f).
    \9\ 15 U.S.C. 78f.
    \10\ 15 U.S.C. 78f(b)(5).
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    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\11\ that the proposed rule change (SR-BX-2009-048) be, and it
hereby is, approved.
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    \11\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-25202 Filed 10-20-09; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 139 (Friday, July 19, 2013)]
[Proposed Rules]
[Pages 43091-43093]
[FR Doc No: 2013-17401]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 78, No. 139 / Friday, July 19, 2013 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 193

[Docket No.: FAA-2013-0375]

Technical Operations Safety Action Program (T-SAP) and Air
Traffic Safety Action Program (ATSAP)

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

ACTION: Notice of Proposed Order Designating Safety Information as
Protected from Disclosure.

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SUMMARY: The FAA is proposing that safety information provided to it
under the T-SAP, established in Notice JO 7210.807 which will be
incorporated in FAA Order JO 7200.20, Voluntary Safety Reporting
Programs, and ATSAP, covered by FAA Order JO 7200.20, be designated by
an FAA Order as protected from public disclosure in accordance with the
provisions of 14 CFR part 193, Protection of Voluntarily Submitted
Information. The designation is intended to encourage persons to
voluntarily provide information to the FAA under the T-SAP and ATSAP,
so the FAA can learn about and address aviation safety hazards of which
it was unaware or more fully understand and implement corrective
measures for events or safety issues known by it through other means.
Under 49 U.S.C. 40123, Protection of Voluntarily Submitted Information,
the FAA is required to protect information from disclosure to the
public, including disclosure under the Freedom of Information Act (5
U.S.C. 552) or other laws, following the issuance of such Order.

DATES: Comments must be received on or before August 19, 2013.

ADDRESSES: You may send comments identified by docket number FAA-2013-
0375 using any of the following methods: via mail to U.S. Department of
Transportation, Docket Operations, M-30, 1200 New Jersey Avenue SE.,
West Building Ground Floor, Room W12-140, Washington DC 20590-0339;
telephone<PHONE_NUMBER>. You must identify the FAA Docket No. FAA-
2013-3075 at the beginning of your comments. You may also submit
comments through this Web site at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Lisbeth Mack--Group Manager, ATO
Safety Programs, Federal Aviation Administration, 490 L'Enfant Plaza,
Suite 7200, Washington DC 20024 or via email at<EMAIL_ADDRESS>or
phone at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify docket number FAA 2013-0375 and be
submitted in triplicate to the Docket Management System (see ADDRESSES
section for address and phone number). Commenters wishing the FAA to
acknowledge receipt of their comments on this action must submit with
those comments a self-addressed stamped postcard on which the following
statement is made: ``Comments to FAA Docket No. FAA-2013-0375''. The
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified closing date
for comments will be considered before taking action on the proposed
Order. The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the closing date
for comments. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of This Proposed Designation

    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An electronic copy of this document may be downloaded through
the Internet at http://www.regulations.gov. Recently published rule-
making documents can also be accessed through the FAA's Web site at
http://www.faa.gov/airports_airtraffic/air_traffic/publications.

1. Background

    Under Title 49 of the United States Code (49 U.S.C.), section
40123, certain voluntarily provided safety and security information is
protected from disclosure in order to encourage persons to provide the
information. The FAA must first issue an Order that specifies why the
agency finds that the information should be protected in accordance
with 49 U.S.C. 40123. The FAA's rules for implementing that section are
in 14 CFR part 193. If the Administrator issues an Order designating
information as protected under 49 U.S.C. 40123, that information will
not be disclosed under the Freedom of Information Act (Title 5 of the
United States Code (5 U.S.C.), section 552) or other laws, except as
provided in 49 U.S.C. 40123, 14 CFR part 193, and the Order designating
the information as protected. This Order is issued under part 193,
section 193.11, which sets out the notice procedure for designating
information as protected.

2. Applicability

    This proposed designation is applicable to any FAA office that
receives information covered under this designation from T-SAP,
established in Notice JO 7210.807, and which will be incorporated in
FAA Order JO 7200.20, Voluntary Safety Reporting Programs, or the ATSAP
described in FAA Order JO 7200.20. The proposed designation would also
apply to any other government agency that receives such information
from the FAA. For any other government agency to receive T-SAP or ATSAP
information covered under the proposed designation from the FAA, each
such agency must first

stipulate, in writing, that it will abide by the provisions of part 193
and the Order designating T-SAP and ATSAP as protected from public
disclosure under 14 CFR part 193.

3. Overview

    a. Qualified Participants. Technical Operations employees who are
covered under the collective bargaining agreement (CBA) between PASS
and the FAA effective December 14, 2012, or its successor, and other
employees identified in Notice JO 7210.807, which will be incorporated
in Order JO 7200.20, are eligible to complete a T-SAP report for events
that occur while acting in that capacity. Air Traffic employees who are
covered under the CBA between NATCA and the FAA effective October 1,
2009 or its successor, Staff Support Specialists covered under the CBA
between NATCA and FAA effective August 1, 2010 or its successor, Flight
Services personnel covered under the CBA between NATCA and the FAA
effective June 5, 2011, or its successor, employees covered under the
CBA between NAGE Local R3-10 and the FAA dated May 24, 2007 or its
successor, and others identified in FAA Order JO 7200.20 are eligible
to file an ATSAP report for events that occur while acting in that
capacity.
    b. Voluntarily-provided Information Protected from Disclosure Under
the Proposed Designation. Except for T-SAP or ATSAP reports that
involve possible criminal conduct, substance abuse, controlled
substances, alcohol, or intentional falsification, the following
information would be protected from disclosure:
    (1) The content of any report concerning an aviation safety or
security matter that is submitted by a qualified participant under the
T-SAP or ATSAP, that is accepted into either program, including the T-
SAP or ATSAP report, and the name of the submitter of the report.
Notwithstanding the foregoing, mandatory information about occurrences
that are required to be reported under FAA Orders, Notices or guidance
is not protected under this designation, unless the same information
has also been submitted or reported under other procedures prescribed
by the Agency. The exclusion is necessary to assure that the
information protected under this designation has been voluntarily
submitted. It also permits changes to FAA Orders, Notices and guidance
without requiring a change to this designation.
    (2) Any evidence gathered by the Event Review Committee during its
investigation of a safety- or security-related event reported under T-
SAP or ATSAP, including the T-SAP or ATSAP investigative file.
    c. Ways to Participate. Individuals who are qualified participants
register for, and submit a report into, the electronic reporting
system.
    d. Duration of Voluntary Safety Reporting Programs. These programs
continue as long as provided for by Order, Notice, policy or a
collective bargaining agreement.

4. Findings

    The FAA designates information received from a T-SAP or ATSAP
submission as protected under 49 U.S.C. 40123 and 14 CFR 193.7, based
on the following findings:
    a. Summary of why the FAA finds that the information will be
provided voluntarily. The FAA finds that the information will be
provided voluntarily. This finding is supported by the significant
increase in reports of safety-related matters since the implementation
of T-SAP and ATSAP. No covered individual is required to participate in
the T-SAP, ATSAP, or other voluntary safety reporting program.
    b. Description of the type of information that may be voluntarily
provided under the program and a summary of why the FAA finds that the
information is safety-related.
    (1) The following types of reports are ordinarily submitted under
the T-SAP or ATSAP:
    i. Noncompliance reports. Noncompliance reports identify specific
instances of a failure to follow FAA directives.
    ii. Aviation safety concern reports. Aviation safety concerns that
do not involve specific noncompliance with FAA directives. These may
include, but are not limited to, potential safety events or perceived
problems with policies, procedures, and equipment.
    (2) Technical Operations personnel support the delivery and
efficiency of flight services through maintenance of the National
Airspace System facilities, systems and equipment. Reports submitted by
these employees under T-SAP ordinarily involve matters or observations
occurring during the performance of their job responsibilities, and
therefore the information submitted is inherently safety related. Air
Traffic personnel provide and support the provision of air traffic
services at FAA facilities throughout the NAS. Reports submitted by
these employees under ATSAP ordinarily involve occurrences or problems
identified or experienced during the performance of their job
responsibilities which directly affect safety.
    c. Summary of why the FAA finds that the disclosure of the
information would inhibit persons from voluntarily providing that type
of information. The FAA finds that disclosure of the information would
inhibit the voluntary provision of that type of information.
Individuals are unwilling to voluntarily provide detailed information
about safety events and concerns, including those that might involve
their own failures to follow Agency directives and policies, if such
information could be released publicly. If information is publicly
disclosed, there is a strong likelihood that the information could be
misused for purposes other than to address and resolve the reported
safety concern. Unless the FAA can provide assurance that safety-
related reports will be withheld from public disclosure, personnel will
not participate in the programs.
    d. Summary of why the receipt of that type of information aids in
fulfilling the FAA's safety responsibilities. The FAA finds that
receipt of information in T-SAP or ATSAP reports aids in fulfilling the
FAA's safety responsibilities. Because of its capacity to provide early
identification of needed safety improvements, this information offers
significant potential for addressing hazards that could lead to
incidents or accidents. In particular, one of the benefits of T-SAP and
ATSAP is that they encourage the submission of narrative descriptions
of occurrences that provide more detailed information than is otherwise
available. The T-SAP and ATSAP produce safety-related data that is not
available from any other source. Receipt of this previously unavailable
information has provided the FAA with an improved basis for modifying
procedures, policies, and regulations to improve safety and efficiency.
    e. Consistencies and inconsistencies with FAA safety
responsibilities. The FAA finds that withholding T-SAP and ATSAP
information from public release is consistent with the FAA's safety
responsibilities, because it encourages individuals to provide
important safety information that it otherwise might not receive.
    (1) Withholding T-SAP and ATSAP information from disclosure, as
described in this designation, is consistent with the FAA's safety
responsibilities. Without the Agency's ability to assure that the
detailed information reported under these programs, which often
explains why the event occurred or describes underlying problems, will
not be disclosed, the

information will not be provided to the FAA. Individuals are concerned
that public release of the information could result in potential
misuses of the information that could affect them negatively. If the
FAA does not receive the information, the FAA and the public will be
deprived of the opportunity to make the safety improvements that
receipt of the information otherwise enables. Corrective action under
T-SAP and ATSAP can be accomplished without disclosure of protected
information. For example, for acceptance under each program, the
reporting individual must comply with ERC recommendations for
corrective action, such as additional training. If the individual fails
to complete corrective action in a manner satisfactory to all members
of the ERC, the event may be referred to an appropriate office within
the FAA for any additional investigation, reexamination, and/or action,
as appropriate.
    (2) The FAA may release T-SAP and ATSAP information submitted to
the agency, as specified in Part 193 and this proposed Order. For
example, to explain the need for changes in FAA policies, procedures,
and regulations, the FAA may disclose de-identified, summarized
information that has been derived from T-SAP and ATSAP reports or
extracted from the protected information listed under paragraph 4b. The
FAA may disclose de-identified, summarized T-SAP and ATSAP information
that identifies a systemic problem in the National Airspace System,
when a party needs to be advised of the problem in order to take
corrective action. Under the current version of FAA Order JO 7200.20,
reported events and possible violations may be subject to
investigation, reexamination, and/or action. Although the report itself
and the content of the report are not used as evidence, the FAA may use
the knowledge of the event or possible violation to generate an
investigation, and, in that regard, the information is not protected
from disclosure. To withhold information from such limited release
would be inconsistent with the FAA's safety responsibilities. In
addition, reports that appear to involve possible criminal activity,
substance abuse, controlled substances, alcohol, or intentional
falsification will be referred to an appropriate FAA office for further
handling. The FAA may use such reports for enforcement purposes, and
will refer such reports to law enforcement agencies, if appropriate. To
withhold information in these circumstances would be inconsistent with
the agency's safety responsibilities because it could prevent, or at
least diminish, the FAA's ability to effectively address egregious
misconduct.
    f. Summary of how the FAA will distinguish information protected
under part 193 from information the FAA receives from other sources.
    (1) All T-SAP and ATSAP reports are clearly labeled as such. Each
individual must submit their own report.

5. Designation

    The FAA designates the information described in paragraph 4b to be
protected from disclosure in accordance with 49 U.S.C. 40123 and 14 CFR
part 193.

    Issued in Washington, DC, on July 10, 2013.
Michael P. Huerta,
Administrator, Federal Aviation Administration.
[FR Doc. 2013-17401 Filed 7-18-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: March 3, 2006 (Volume 71, Number 42)]
[Rules and Regulations]
[Page 10838-10842]
[DOCID:fr03mr06-6]

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

40 CFR Part 52

[EPA-R03-OAR-2005-VA-0014; FRL-8039-8]

Approval and Promulgation of Air Quality Implementation Plans;
Virginia; Documents Incorporated by Reference

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve revisions to the
Virginia State Implementation Plan (SIP). The revisions consist of
revised citations, editions, and corrected addresses to documents which
are incorporated by reference in Virginia's SIP-approved regulations.
EPA is approving these revisions in accordance with the requirements of
the Clean Air Act (CAA).

DATES: This rule is effective on May 2, 2006 without further notice,
unless EPA receives adverse written comment by April 3, 2006. If EPA
receives such comments, it will publish a timely withdrawal of the
direct final rule in the Federal Register and inform the public that
the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2005-VA-0014 by one of the following methods:
    A. http://www.regulations.gov. Follow the on-line instructions for

submitting comments.
    B. E-mail<EMAIL_ADDRESS>    C. Mail: EPA-R03-OAR-2005-VA-0014, Harold A. Frankford, Office of
Air Programs, Mailcode 3AP20, U.S. Environmental Protection Agency,
Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.

    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2005-VA-0014. EPA's policy is that all comments received will be
included in the public docket without change, and may be made available
online at http://www.regulations.gov, including any personal

information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site

is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be

automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
    Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some

information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://www.regulations.gov
 or in hard copy during normal business hours at the

Air Protection Division, U.S. Environmental Protection Agency, Region
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the
State submittal are available at the Virginia Department of
Environmental Quality, 629 East Main Street, Richmond, Virginia 23219.

FOR FURTHER INFORMATION CONTACT: Harold A. Frankford,<PHONE_NUMBER>,
or by e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On August 25, 2005 and October 25, 2005, the Commonwealth of
Virginia submitted formal revisions to its State Implementation Plan
(SIP). The SIP revisions consist of revised citations, editions, and
corrected addresses to technical documents which are incorporated by
reference in Virginia's SIP regulations.

II. Summary of SIP Revisions

A. Description of Submittals

    On August 25, 2005, Virginia submitted revised citations, editions,
and corrected addresses to technical documents which are incorporated
by reference in Virginia's regulations. The document citations are
listed in Virginia Regulation 9 VAC 5-20-21. The referenced
publications include documents such as ``Code for Motor Fuel Dispensing
Facilities and Repair Garages,'' ``Standard for Tank Vehicles and
Flammable and Combustible Liquids,'' and ``Flammable and Combustible
Liquids Code'' by the National Fire Protection Association (NFPA);
``Atmospheric Emissions from Sulfuric Acid Manufacturing Processes'' by
the Environmental Protection Agency; and ``Test for Pour Point of
Petroleum Oils'' by the American Society for Testing and Materials
(ASTM). Virginia has also updated the citations, editions and addresses
of documents prepared by EPA, ASTM, NFPA, the U.S. Government Printing
Office (GPO), and American Petroleum Institute (API). In addition,
Virginia has revised rules in 9 VAC 5, Chapter 40, Articles 5
(Synthesized Pharmaceutical Products Manufacturing Operations), 21
(Sulfuric Acid Production Units), and 37 (Petroleum Liquid Storage and
Transfer Operations) which cross-reference the documents that are
listed in Regulation 9 VAC 5-20-21. The submittal also contains an
updated reference to the July 1, 2002 Code of Federal Regulations (CFR)
which Virginia cites in its State regulations.
    On October 25, 2005, Virginia submitted an additional revision to
the provision in 9 VAC 5-20-21.B. This revision states that any
reference to the CFR in Virginia's SIP-approved regulations means those
CFR provisions which are in effect as of July 1, 2004.

B. EPA Evaluation

    EPA has determined that these SIP revisions incorporate the most
up-to-date version of technical documents that are referenced in
Virginia's air pollution control regulations, thus ensuring the proper
implementation of the air pollution control regulations which comprise
the SIP. EPA's approval of the revisions to 9 VAC 5-20-21.B is for
those provisions of the CFR which implement control programs for air
pollutants related to the national ambient air quality standards
(NAAQS) and regional haze.

III. General Information Pertaining to SIP Submittals From the
Commonwealth of Virginia

    In 1995, Virginia adopted legislation that provides, subject to
certain conditions, for an environmental assessment (audit)
``privilege'' for voluntary compliance evaluations performed by a
regulated entity. The legislation further addresses the relative burden
of proof for parties either asserting the privilege or seeking
disclosure of documents for which the privilege is claimed. Virginia's
legislation also provides, subject to certain conditions, for a penalty
waiver for violations of environmental laws when a regulated entity
discovers such violations pursuant to a voluntary compliance evaluation
and voluntarily discloses such violations to the Commonwealth and takes
prompt and appropriate measures to remedy the violations. Virginia's
Voluntary Environmental Assessment Privilege Law, Va. Code Sec. 10.1-
1198, provides a privilege that protects from disclosure documents and
information about the content of those documents that are the product
of a voluntary environmental assessment. The Privilege Law does not
extend to documents or information (1) that are generated or developed
before the commencement of a voluntary environmental assessment; (2)
that are prepared independently of the assessment process; (3) that
demonstrate a clear, imminent and substantial danger to the public
health or environment; or (4) that are required by law.
    On January 12, 1998, the Commonwealth of Virginia Office of the
Attorney General provided a legal opinion that states that the
Privilege law, Va. Code Sec. 10.1-1198, precludes granting a privilege
to documents and information ``required by law,'' including documents
and information ``required by Federal law to maintain program
delegation, authorization or approval,'' since Virginia must ``enforce
Federally authorized environmental programs in a manner that is no less
stringent than their Federal counterparts. * * *'' The opinion
concludes that ``[r]egarding Sec.  10.1-1198, therefore, documents or
other information needed for civil or criminal enforcement under one of
these programs could not be privileged

because such documents and information are essential to pursuing
enforcement in a manner required by Federal law to maintain program
delegation, authorization or approval.''
    Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides that
``[t]o the extent consistent with requirements imposed by Federal
law,'' any person making a voluntary disclosure of information to a
state agency regarding a violation of an environmental statute,
regulation, permit, or administrative order is granted immunity from
administrative or civil penalty. The Attorney General's January 12,
1998 opinion states that the quoted language renders this statute
inapplicable to enforcement of any Federally authorized programs, since
``no immunity could be afforded from administrative, civil, or criminal
penalties because granting such immunity would not be consistent with
Federal law, which is one of the criteria for immunity.''
    Therefore, EPA has determined that Virginia's Privilege and
Immunity statutes will not preclude the Commonwealth from enforcing its
program consistent with the Federal requirements. In any event, because
EPA has also determined that a state audit privilege and immunity law
can affect only state enforcement and cannot have any impact on Federal
enforcement authorities, EPA may at any time invoke its authority under
the Clean Air Act, including, for example, sections 113, 167, 205, 211
or 213, to enforce the requirements or prohibitions of the state plan,
independently of any state enforcement effort. In addition, citizen
enforcement under section 304 of the Clean Air Act is likewise
unaffected by this, or any, state audit privilege or immunity law.

IV. Final Action

    EPA is approving revisions to the Virginia SIP submitted by the
Commonwealth of Virginia on August 25, 2005 and October 25, 2005. These
revisions consist of revised citations, editions, and corrected
addresses to documents that are incorporated by reference in Virginia's
SIP-approved regulations. EPA is publishing this rule without prior
proposal because the Agency views this as a noncontroversial amendment
and anticipates no adverse comment. However, in the ``Proposed Rules''
section of today's Federal Register, EPA is publishing a separate
document that will serve as the proposal to approve the SIP revision if
adverse comments are filed. This rule will be effective on May 2, 2006
without further notice unless EPA receives adverse comment by April 3,
2006. If EPA receives adverse comment, EPA will publish a timely
withdrawal in the Federal Register informing the public that the rule
will not take effect. EPA will address all public comments in a
subsequent final rule based on the proposed rule. EPA will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time. Please note that if
EPA receives adverse comment on an amendment, paragraph, or section of
this rule and if that provision may be severed from the remainder of
the rule, EPA may adopt as final those provisions of the rule that are
not the subject of an adverse comment.

V. Statutory and Executive Order Reviews

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, 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). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule 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
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4). This rule also does not
have tribal implications because it will 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,
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
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 merely approves a state rule implementing a Federal
requirement, and 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 ``Protection of Children
from Environmental Health Risks and Safety Risks'' (62 FR 19885, April
23, 1997), because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, 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.).

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule 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. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).

C. Petitions for Judicial Review

    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 May 2, 2006. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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 approving the revisions to Virginia rule 9 VAC 5-20-21 that
update the technical documents and CFR provisions which are
incorporated by reference 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, Nitrogen dioxide,
Ozone, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.

    Dated: February 22, 2006.
William Early,
Acting Regional Administrator, Region III.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart VV--Virginia

0
2. In Section 52.2420, the tables in paragraphs (c) and (e) are
amended:
0
a. In paragraph (c) by revising the entries for State citations 5-40-
460, 5-40-2930, 5-40-5210, and 5-40-5230 for Chapter 40.
0
b. In paragraph (e) by adding entries for Documents Incorporated by
Reference after the existing entries.

0
The amendments read as follows:

Sec.  52.2420  Identification of plan.

* * * * *
    (c) * * *

                                 EPA-Approved Virginia Regulations and Statutes
----------------------------------------------------------------------------------------------------------------
                                                             State                           Explanation [former
     State citation (9 VAC 5)         Title/subject     effective date   EPA approval date      SIP  citation]
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                Chapter 40 Existing Stationary Sources [Part IV]
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                           Part II Emission Standards
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
    Article 5 Emission Standards for Synthesized Pharmaceutical Products Manufacturing Operations (Rule 4-5)
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
5-40-460.........................  Control Technology           2/1/02  3/3/06 [Insert page  ...................
                                    Guidelines.                          number where the
                                                                         document begins].
----------------------------------------------------------------------------------------------------------------
                  Article 21 Emission Standards for Sulfuric Acid Production Units (Rule 4-21)
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
5-40-2930........................  Monitoring.........          2/1/02  3/3/06 [Insert page  ...................
                                                                         number where the
                                                                         document begins].
----------------------------------------------------------------------------------------------------------------
         Article 37 Emission Standards for Petroleum Liquid Storage and Transfer Operations (Rule 4-37)
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
5-40-5210........................  Definitions........          2/1/02  3/3/06 [Insert page  ...................
                                                                         number where the
                                                                         document begins].
5-40-5230........................  Control Technology           2/1/02  3/3/06 [Insert page  ...................
                                    Guidelines.                          number where the
                                                                         document begins].

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

* * * * *
    (e) * * *

----------------------------------------------------------------------------------------------------------------
    Name of non-regulatory SIP          Applicable           State                                Additional
             revision                geographic area    submittal date   EPA approval date       explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
Documents Incorporated by          Statewide..........         8/25/05  3/3/06 [Insert page  State effective
 Reference (9 VAC 5-20-21,                                               number where the     date is 2/1/00.
 Sections D., E. (introductory                                           document begins].
 sentence), E.2 (all paragraphs),
 E.3.b, E.4.a.(1) and (2),
 E.4.b., E.5. (all paragraphs),
 and E.7. (all paragraphs)).
----------------------------------------------------------------------------------------------------------------
Documents Incorporated by          Statewide..........        10/25/05  3/3/06 [Insert page   State effective is
 Reference (9 VAC 5-20-21,                                               number where the     3/9/05; approval
 Section B).                                                             document begins].    is for those
                                                                                provisions of the
                                                                                CFR which
                                                                                implement control
                                                                                programs for air
                                                                                pollutants related
                                                                                to the national
                                                                                ambient air
                                                                                quality standards
                                                                                (NAAQS) and
                                                                                regional haze.
----------------------------------------------------------------------------------------------------------------

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

[FR Doc. 06-1943 Filed 3-2-06; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register: March 5, 2010 (Volume 75, Number 43)]
[Rules and Regulations]
[Page 10182-10184]
[DOCID:fr05mr10-6]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2010-0011; FRL-9122-4]

Approval and Promulgation of Implementation Plans; State of Iowa

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: EPA is taking direct final action to approve revisions to the
Iowa State Implementation Plan (SIP) submitted by the State on April
28, 2009. The purpose of these revisions is to update existing air
quality rules; make corrections, clarifications and improvements; and
to add information with regard to the application of permit exemptions.
EPA is approving the SIP revisions pursuant to section 110 of the Clean
Air Act.

DATES: This direct final rule will be effective May 4, 2010, without
further notice, unless EPA receives adverse comment by April 5, 2010.
If EPA receives adverse comment, we will publish a timely withdrawal of
the direct final rule in the Federal Register informing the public that
the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2010-0011, by one of the following methods:
    1. http://www.regulations.gov. Follow the on-line instructions for
submitting comments.
    2. E-mail<EMAIL_ADDRESS>    3. Mail or Hand Delivery: Tracey Casburn, Environmental Protection
Agency, Air Planning and Development Branch, 901 North 5th Street,
Kansas City, Kansas 66101.
    Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2010-0011. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit through http://
www.regulations.gov or e-mail information that you consider to be CBI
or otherwise protected. The http://www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
    Docket: All documents in the docket are listed in the http://
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy
form. Publicly available docket materials are available either
electronically in http://www.regulations.gov or in hard copy at the
Environmental Protection Agency, Air Planning and Development Branch,
901 North 5th Street, Kansas City, Kansas 66101. The Regional Office's
official hours of business are Monday through Friday, 8 a.m. to 4:30
p.m. excluding Federal holidays. Interested persons wanting to examine
these documents should make an appointment with the office at least 24
hours in advance.

FOR FURTHER INFORMATION CONTACT: Tracey Casburn at<PHONE_NUMBER>, or
by e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ''us,'' or
``our'' refer to the EPA.

Table of Contents

I. What is being addressed in this document?
II. What revisions is EPA approving?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews

I. What is being addressed in this document?

    The State has revised Chapter 22 of the State air pollution control
rules promulgated by the State's Environmental Protection Commission.
EPA is approving the revisions described below for the reasons
discussed in this document.

II. What revisions is EPA approving?

    The State made revisions to Chapter 22, ``Controlling Pollution,''
to clarify the terms and conditions of permit exemptions for certain
internal combustion engines and spray booths. Those revisions are
described in this document.
    The State added a requirement to Iowa Rule 567-22.1(2)``r'' that
the owner or operator of an internal combustion engine with a brake
horsepower of less than 400, measured at the shaft, must submit a
certification to the Iowa Department of Natural Resources that the
engine is in compliance with Federal New Source Performance Standards
listed at 40 CFR Part 60, Subpart IIII or Subpart JJJJ and Federal
National Emission Standards for Hazardous Air Pollutants (NESHAPS)
listed at 40 CFR Part 63, Subpart ZZZZ.
    The State amended Iowa Rule 567-22.8(1) to add clarification that
the facilities, which spray one gallon per day or less of sprayed
material on a facility-wide basis, are exempt from all other
requirements of Iowa Rule 567-22 with the exception that the owner or
operator must adhere to record keeping requirements specified in the
rule for the sprayed material. The revision also requires that the
owner or operator must certify that the facility is in compliance with
or otherwise exempt from the Federal regulations specified in Iowa Rule
567-22.8(1)``e'' (the NESHAPS for paint stripping and surface coating
at area sources, and the NESHAPS for metal fabricating and finishing at
area sources).
    The State added amendments to the same rule clarifying that
facilities, which spray more than one gallon per day but never more
than three gallons per day on a facility-wide basis, are exempt from
all other requirements of Iowa State Rule 567-22 except the owner or
operator must adhere to certification, recordkeeping and emissions
venting requirements as identified in the rule. The State added a
requirement that the owner or operator must certify that the facility
is in compliance with or otherwise exempt from the Federal regulations
specified in Iowa Rule 567-22.8(1)``e'' (described above).

    The State added language clarifying that facilities, which spray
more than three gallons per day on a facility-wide basis, are not
eligible to use the permit by rule for spray booths and must apply for
a construction permit as required by subrules 567-22.1(1) and 567-
22.1(3) unless otherwise exempt.
    The State added language explaining its requirements for the
``Notification Letter.'' Facilities which claim to be permitted by
provisions of the rule must submit a notification letter, on forms
provided by the State, certifying that the facility meets the following
requirements:
    (1) All paint booths and associated equipment are in compliance
with the provisions of Iowa Rule 567-22.8(1);
    (2) All paint booths and associated equipment are in compliance
with all applicable requirements, including but not limited to, the
allowable particulate emission rate for painting and surface coating
operations of 0.01 gr/scf of exhaust gas as specified in Iowa Rule 567-
23.4(13); and
    (3) All paint booths and associated equipment are in compliance
with or otherwise exempt from the Federal NESHAPS at 40 CFR Part 63,
subpart HHHHHH.
    This revision also amends the numbering system of Iowa Rule 567-
22.8(1)``e'' to allow for the addition of the requirements of the
notification letter.

III. What action is EPA taking?

    EPA is taking final action to approve the revisions to the Iowa
SIP. The revisions submitted pertain to corrections, clarifications and
improvements as listed previously in this document. These modifications
either clarify existing requirements or add additional requirements for
sources to qualify for permit exemptions. Therefore, EPA has determined
that the revisions will not adversely affect the air quality in the
State of Iowa and will not relax the SIP.
    The state submittal has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The submittal also
satisfied the completeness criteria of 40 CFR part 51, appendix V. The
revisions meet the substantive SIP requirements of the CAA, including
section 110 and implementing regulations.
    EPA is processing this action as a direct final action because the
revisions make changes to the existing rules which are
noncontroversial. Therefore, we do not anticipate any adverse comments.
Please note that if EPA receives adverse comment on part of this rule
and if that part can be severed from the remainder of the rule, EPA may
adopt as final those parts of the rule that are not the subject of an
adverse comment.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by May 4, 2010. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: February 23, 2010.
Karl Brooks,
Regional Administrator, Region 7.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart Q--Iowa

0
2. In Sec.  52.820(c) the table is amended by revising the entries for
567-22.1 and 567-22.8 to read as follows:

Sec.  52.820   Identification of plan.

* * * * *
    (c) * * *

                                          EPA-Approved Iowa Regulations
----------------------------------------------------------------------------------------------------------------
                                                            State
         Iowa citation                    Title           effective      EPA approval date        Explanation
                                                             date
----------------------------------------------------------------------------------------------------------------
                 Iowa Department of Natural Resources Environmental Protection Commission [567]
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                        Chapter 22--Controlling Pollution
----------------------------------------------------------------------------------------------------------------
567-22.1.......................  Permits required for        3/18/09  3/5/10 [insert FR page  ..................
                                  New or Existing                      number where the
                                  Stationary Sources.                  document begins].

                                                  * * * * * * *
567-22.8.......................  Permits By Rule.......      3/18/09  3/5/10 [insert FR page  ..................
                                                                       number where the
                                                                       document begins].
                                 ......................
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2010-4548 Filed 3-4-10; 8:45 am]
BILLING CODE 6560-50-P