29. Effective March 15, 2021, amend Sec.  230.502 by:
0
a. Revising paragraph (a);
0
b. Removing the Note following paragraph (a);
0
c. Revising paragraph (b)(2)(i)(B); and
0
d. Adding paragraph (b)(2)(viii).
    The revisions and addition read as follows:

Sec.  230.502   General conditions to be met.

* * * * *
    (a) Integration. To determine whether offers and sales should be
integrated, see Sec.  230.152.
    (b) * * *
    (2) * * *
    (i) * * *
    (B) Financial statement information--(1) Offerings up to
$20,000,000. The financial statement information required by paragraph
(b) of Part F/S of Form 1-A. Such financial statement information must
be prepared in accordance with generally accepted accounting principles
in the United States (US GAAP). If the issuer is a foreign private
issuer, such financial statements must be prepared in accordance with
either US GAAP or International Financial Reporting Standards (IFRS) as
issued by the International Accounting Standards Board (IASB). If the
financial statements comply with IFRS, such compliance must be
explicitly and unreservedly stated in the notes to the financial
statements and if the financial statements are audited, the auditor's
report must include an opinion on whether the financial statements
comply with IFRS as issued by the IASB.
    (2) Offerings over $20,000,000. The financial statement information
required by paragraph (c) of Part F/S of Form 1-A (referenced in Sec.
239.90 of this chapter). If the issuer is a foreign private issuer,
such financial statements must be prepared in accordance with either US
GAAP or IFRS as issued by the IASB. If the financial statements comply
with IFRS, such compliance must be explicitly and unreservedly stated
in the notes to the financial statements and the auditor's report must
include an opinion on whether the financial statements comply with IFRS
as issued by the IASB.
* * * * *
    (viii) At a reasonable time prior to the sale of securities to any
purchaser that is not an accredited investor in a transaction under
Sec.  230.506(b), the issuer shall provide the purchaser with any
written communication or broadcast script used under the authorization
of Sec.  230.241 within 30 days prior to such sale.
* * * * *

0
30. Effective March 15, 2021, amend Sec.  230.504 by:
0
a. Revising the section heading;
0
b. Revising paragraph (b)(2); and
0
c. Revising Instruction to paragraph (b)(2).
    The revisions read as follows:

Sec.  230.504   Exemption for limited offerings and sales of securities
not exceeding $10,000,000.

* * * * *
    (b) * * *
    (2) Offering limit. The aggregate offering price for an offering of
securities under this Sec.  230.504, as defined in Sec.  230.501(c),
shall not exceed $10,000,000, less the aggregate offering price for all
securities sold within the 12 months before the start of and during the
offering of securities under this Sec.  230.504 or in violation of
section 5(a) of the Securities Act.
    Instruction to paragraph (b)(2): If a transaction under Sec.
230.504 fails to meet the limitation on the aggregate offering price,
it does not affect the availability of this Sec.  230.504 for the other
transactions considered in applying such limitation. For example, if an
issuer sold $10,000,000 of its securities on June 1, 2021, under this
Sec.  230.504 and an additional $500,000 of its securities on December
1, 2021, this Sec.  230.504 would not be available for the later sale,
but would still be applicable to the June 1, 2021, sale.
* * * * *

0
31. Effective March 15, 2021, amend Sec.  230.506 by:
0
a. Revising paragraph (b)(2)(i) and republishing the note to paragraph
(b)(2)(i);
0
b. Amending paragraph (c)(2)(ii)(B)(2) by removing the word ``or'' from
the end of the paragraph;
0
c. Revising paragraph (c)(2)(ii)(C)(4) by removing the period from the
end of paragraph and adding in its place a semicolon;
0
d. Revising paragraph (c)(2)(ii)(D) by removing the period from the end
of the paragraph and adding ``; or'' in its place;
0
e. Adding paragraph (c)(2)(ii)(E) before the Instructions to paragraph
(c)(2)(ii)(A) through (D) of this section; and
0
f. Removing the text ``(A) through (D) of this section'' from the
heading to Instructions to paragraph (c)(2)(ii)(A) through (D) of this
section, and republishing it.
    The revisions and addition read as follows:

Sec.  230.506   Exemption for limited offers and sales without regard
to dollar amount of offering.

* * * * *
    (b) * * *
    (2) * * *
    (i) Limitation on number of purchasers. There are no more than, or
the issuer reasonably believes that there are no more than, 35
purchasers of securities from the issuer in offerings under this
section in any 90-calendar-day period.

    Note 1 to paragraph (b)(2)(i):  See Sec.  230.501(e) for the
calculation of the number of purchasers and Sec.  230.502(a) for
what may or may not constitute an offering under paragraph (b) of
this section.

* * * * *
    (c) * * *
    (2) * * *
    (ii) * * *
    (E) In regard to any person that the issuer previously took
reasonable steps to verify as an accredited investor in accordance with
this paragraph (c)(2)(ii), so long as the issuer is not aware of
information to the contrary, obtaining a written representation from
such person at the time of sale that he or she qualifies as an
accredited investor. A written representation under this method of
verification will satisfy the issuer's obligation to verify the
person's accredited investor status for a period of five years from the
date the person was previously verified as an accredited investor.
    Instructions to paragraph (c)(2)(ii): * * *
* * * * *

PART 239--FORMS PRESCRIBED UNDER THE SECURITIES ACT OF 1933

0
32. The authority citation for part 239 continues to read in part as
follows:

    Authority: 15 U.S.C. 77c, 77f, 77g, 77h, 77j, 77s, 77z-2, 77z-3,
77sss, 78c, 78l, 78m,78n, 78o(d), 78o-7 note, 78u-5, 78w(a), 78ll,

78mm, 80a-2(a), 80a-3, 80a-8, 80a-9, 80a-10, 80a-13, 80a-24, 80a-26,
80a-29, 80a-30, and 80a-37; and sec. 107, Pub. L. 112-106, 126 Stat.
312, unless otherwise noted.
* * * * *

0
33. Amend Form S-6 (referenced in Sec.  239.16) by revising Additional
Instruction 3 of ``Instructions as to Exhibits'' to read as follows:

    Note: The text of Form S-6 does not, and this amendment will
not, appear in the Code of Federal Regulations.

Form S-6

* * * * *

Instructions as to Exhibits

* * * * *
    Additional Instructions:
* * * * *
    3. The registrant may redact specific provisions or terms of
exhibits required to be filed by paragraph (9) of section IX of Form N-
8B-2 (Exhibits) if the registrant customarily and actually treats that
information as private or confidential and if the omitted information
is not material. If it does so, the registrant should mark the exhibit
index to indicate that portions of the exhibit have been omitted and
include a prominent statement on the first page of the redacted exhibit
that certain identified information has been excluded from the exhibit
because it is both not material and the type that the registrant treats
as private or confidential. The registrant also must include brackets
indicating where the information is omitted from the filed version of
the exhibit. If requested by the Commission or its staff, the
registrant must promptly provide on a supplemental basis an unredacted
copy of the exhibit and its materiality and privacy or confidentiality
analyses. Upon evaluation of the registrant's supplemental materials,
the Commission or its staff may require the registrant to amend its
filing to include in the exhibit any previously redacted information
that is not adequately supported by the registrant's analyses. The
registrant may request confidential treatment of the supplemental
material submitted under this Instruction 3 pursuant to Rule 83 of the
Commission's Organizational Rules [17 CFR 200.83] while it is in the
possession of the Commission or its staff. After completing its review
of the supplemental information, the Commission or its staff will
return or destroy it, if the registrant complies with the procedures
outlined in Rule 418 under the Securities Act [17 CFR 230.418].
* * * * *

0
34. Amend Form N-14 (referenced in Sec.  239.23) by revising
Instruction 3 to Item 16 to read as follows:

    Note:  The text of Form N-14 does not, and this amendment will
not, appear in the Code of Federal Regulations.

Form N-14

* * * * *

Item 16. Exhibits

* * * * *
    Instructions:
* * * * *
    3. The registrant may redact specific provisions or terms of
exhibits required to be filed by paragraph (13) of this Item if the
registrant customarily and actually treats that information as private
or confidential and if the omitted information is not material. If it
does so, the registrant should mark the exhibit index to indicate that
portions of the exhibit have been omitted and include a prominent
statement on the first page of the redacted exhibit that certain
identified information has been excluded from the exhibit because it is
both not material and the type that the registrant treats as private or
confidential. The registrant also must include brackets indicating
where the information is omitted from the filed version of the exhibit.
If requested by the Commission or its staff, the registrant must
promptly provide on a supplemental basis an unredacted copy of the
exhibit and its materiality and privacy or confidentiality analyses.
Upon evaluation of the registrant's supplemental materials, the
Commission or its staff may require the registrant to amend its filing
to include in the exhibit any previously redacted information that is
not adequately supported by the registrant's analyses. The registrant
may request confidential treatment of the supplemental material
submitted under this Instruction 3 pursuant to Rule 83 of the
Commission's Organizational Rules [17 CFR 200.83] while it is in the
possession of the Commission or its staff. After completing its review
of the supplemental information, the Commission or its staff will
return or destroy it, if the registrant complies with the procedures
outlined in Rule 418 under the Securities Act [17 CFR 230.418].
* * * * *

0
35. Amend Form 1-A (referenced in Sec.  239.90) by:
0
a. Revising General Instruction I;
0
b. Revising General Instruction III(a);
0
c. Revising paragraph 13 of Part III, Item 17;
0
d. Removing and reserving paragraph 16 of Part III, Item 17;
0
e. Adding paragraph 99 of Part III, Item 17; and
0
f. Adding an instruction at the end of Part III, Item 17.
    The revisions and additions read as follows:

    Note:  The text of Form 1-A does not, and this amendment will
not, appear in the Code of Federal Regulations.

Form 1-A

Regulation A Offering Statement Under the Securities Act of 1933

General Instructions

I. Eligibility Requirements for Use of Form 1-A.

    This Form is to be used for securities offerings made pursuant to
Regulation A (17 CFR 230.251 et seq.). Careful attention should be
directed to the terms, conditions and requirements of Regulation A,
especially Rule 251, because the exemption is not available to all
issuers or for every type of securities transaction. Further, the
aggregate offering price and aggregate sales of securities in any 12-
month period is strictly limited to $20 million for Tier 1 offerings
and $75 million for Tier 2 offerings, including no more than $6 million
offered by all selling securityholders that are affiliates of the
issuer for Tier 1 offerings and $22.5 million by all selling
securityholders that are affiliates of the issuer for Tier 2 offerings.
Please refer to Rule 251 of Regulation A for more details.
* * * * *

III. Incorporation by Reference and Cross-Referencing

* * * * *
    (a) The use of incorporation by reference and cross-referencing in
Part II of this Form:
    (1) Is limited to the following items:
    (A) Items 2-14 of Part II and Part F/S if following the Offering
Circular format;
    (B) Items 3-11 of Form S-1 if following the Part I of Form S-1
format; or
    (C) Items 3-28, and 30 of Form S-11 if following the Part I of Form
S-11 format;
    (2) May only incorporate by reference previously submitted or filed
financial statements if the issuer meets the following requirements:
    (A) the issuer has filed with the Commission all reports and other
materials required to be filed, if any, pursuant to Rule 257 (Sec.
230.257) or by Sections 13(a), 14 or 15(d) of the Securities Exchange
Act of 1934 during

the preceding 12 months (or for such shorter period that the issuer was
required to file such reports and other materials);
    (B) the issuer makes the financial statement information that is
incorporated by reference pursuant to this item readily available and
accessible on a website maintained by or for the issuer; and
    (C) the issuer must state that it will provide to each holder of
securities, including any beneficial owner, a copy of the financial
statement information that have been incorporated by reference in the
offering statement upon written or oral request, at no cost to the
requester, and provide the issuer's website address, including the
uniform resource locator (URL) where the incorporated financial
statements may be accessed.
* * * * *

Part III--Exhibits

* * * * *

Item 17. Description of Exhibits

* * * * *
    13. ``Testing-the-waters'' materials--Any written communication or
broadcast script used under the authorization of Rule 241 within 30
days of the initial filing of the offering statement, and any written
communication or broadcast script used under the authorization of Rule
255. Materials used under the authorization of Rule 255 need not be
filed if they are substantively the same as materials previously filed
with the offering statement.
* * * * *
    16. RESERVED
* * * * *
    99. Additional exhibits--Any additional exhibits which the issuer
may wish to file, which must be so marked as to indicate clearly the
subject matters to which they refer.
* * * * *
    Instruction to Item 17:
    The issuer may redact information from exhibits required to be
filed by this Item if disclosure of such information would constitute a
clearly unwarranted invasion of personal privacy (e.g., disclosure of
bank account numbers, social security numbers, home addresses, and
similar information). In addition, the issuer may redact specific
provisions or terms of exhibits required to be filed by paragraph 6 or
7 of this Item, if the issuer customarily and actually treats that
information as private or confidential and if the omitted information
is not material. If it does so, the issuer should mark the exhibit
index to indicate that portions of the exhibit have been omitted and
include a prominent statement on the first page of the redacted exhibit
that certain identified information has been excluded from the exhibit
because it is both not material and is the type that the registrant
treats as private or confidential. The issuer also must include
brackets indicating where the information is omitted from the filed
version of the exhibit. If requested by the Commission or its staff,
the issuer must promptly provide on a supplemental basis an unredacted
copy of the exhibit and its materiality and privacy or confidentiality
analyses. Upon evaluation of the issuer's supplemental materials, the
Commission or its staff may require the issuer to amend its filing to
include in the exhibit any previously redacted information that is not
adequately supported by the issuer's analyses. The issuer may request
confidential treatment of the supplemental material submitted under
paragraphs 6 or 7 pursuant to Rule 83 (Sec.  200.83 of this chapter)
while it is in the possession of the Commission or its staff. After
completing its review of the supplemental information, the Commission
or its staff will return or destroy it if the registrant complies with
the procedures outlined in Rule 418 (Sec.  230.418 of this chapter).
* * * * *

0
36. Amend Form C (referenced in Sec.  239.900) by:
0
a. Adding items to the Cover Page after ``website of the Issuer,''
0
b. Revising General Instruction I;
0
c. Revising Instruction 1 to the Signature;
0
d. Revising the introductory paragraphs in the Optional Question and
Answer Format for an Offering Statement; and
0
e. Revising Question 11 in the Optional Question and Answer Format for
an Offering Statement.
    The addition and revisions read as follows:

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

Form C

Under the Securities Act of 1933

* * * * *
Is there a co-issuer? __ yes __ no. If yes,
Name of co-issuer:-----------------------------------------------------
Legal status of co-issuer:
Form:------------------------------------------------------------------
Jurisdiction of Incorporation/Organization:----------------------------
Date of organization:--------------------------------------------------
Physical address of co-issuer:-----------------------------------------
Website of co-issuer:--------------------------------------------------
* * * * *

General Instructions

I. Eligibility Requirements for Use of Form C

    This Form shall be used for the offering statement, and any related
amendments and progress reports, required to be filed by any issuer
offering or selling securities in reliance on the exemption in
Securities Act Section 4(a)(6) and in accordance with Section 4A and
Regulation Crowdfunding (Sec.  227.100 et seq.). The term ``issuer''
includes any co-issuer jointly offering or selling securities with an
issuer in reliance on the exemption in Securities Act Section 4(a)(6)
and in accordance with Securities Act Section 4A and Regulation
Crowdfunding (Sec.  227.100 et seq.). This Form also shall be used for
an annual report required pursuant to Rule 202 of Regulation
Crowdfunding (Sec.  227.202) and for the termination of reporting
required pursuant to Rule 203(b)(2) of Regulation Crowdfunding (Sec.
227.203(b)(2)). Careful attention should be directed to the terms,
conditions and requirements of the exemption.
* * * * *

Signatures

* * * * *
    Instructions. The form shall be signed by the issuer, its principal
executive officer or officers, its principal financial officer, its
controller or principal accounting officer and at least a majority of
the board of directors or persons performing similar functions. If
there is a co-issuer, the form shall also be signed by the co-issuer,
its principal executive officer or officers, its principal financial
officer, its controller or principal accounting officer and at least a
majority of the board of directors or persons performing similar
functions.
* * * * *

Optional Question and Answer Format for an Offering Statement

    Respond to each question in each paragraph of this part. Set forth
each question and any notes, but not any instructions thereto, in their
entirety. If disclosure in response to any question is responsive to
one or more other questions, it is not necessary to repeat the
disclosure. If a question or series of questions is inapplicable or the
response is available elsewhere in the Form, either State that it is
inapplicable, include a cross-reference to the responsive disclosure,
or omit the question or series of questions. The term ``issuer'' in
these questions and answers includes any ``co-issuer'' jointly offering
or selling securities with the issuer in reliance on the exemption in
Securities

Act Section 4(a)(6) and in accordance with Securities Act Section 4A
and Regulation Crowdfunding (Sec.  227.100 et seq.). Any information
provided with respect to the issuer should also be separately provided
with respect to any co-issuer. If you are seeking to rely on the
Commission's temporary rules to initiate an offering between May 4,
2020, and February 28, 2021, intended to be conducted on an expedited
basis due to circumstances relating to coronavirus disease 2019 (COVID-
19), you will likely need to provide additional or different
information than described in questions 2, 12, and 29. If you are
seeking to rely on the Commission's temporary Rule 201(bb) for an
offering initiated between March 1, 2021, and August 28, 2022, you will
likely need to provide additional or different information than
described in questions 2 and 29. When preparing responses to such
questions, please carefully review temporary Rules 100(b)(7), 201(aa),
201(bb), and 304(e) and tailor your responses to those requirements as
applicable.
    Be very careful and precise in answering all questions. Give full
and complete answers so that they are not misleading under the
circumstances involved. Do not discuss any future performance or other
anticipated event unless you have a reasonable basis to believe that it
will actually occur within the foreseeable future. If any answer
requiring significant information is materially inaccurate, incomplete
or misleading, the Company, its management and principal shareholders
may be liable to investors based on that information.
* * * * *
    11. (a) Did the issuer make use of any written communication or
broadcast script for testing the waters either (i) under the
authorization of Rule 241 within 30 days of the initial filing of the
offering statement, or (ii) under the authorization of Rule 206? If so,
provide copies of the materials used.
    (b) How will the issuer complete the transaction and deliver
securities to the investors?
* * * * *

PART 240--GENERAL RULES AND REGULATIONS, SECURITIES EXCHANGE ACT OF
1934

0
37. The authority citation for part 240 continues to read in part as
follows:

    Authority:  15 U.S.C. 77c, 77d, 77g, 77j, 77s, 77z-2, 77z-3,
77eee, 77ggg, 77nnn, 77sss, 77ttt, 78c, 78c-3, 78c-5, 78d, 78e, 78f,
78g, 78i, 78j, 78j-1, 78k, 78k-1, 78l, 78m, 78n, 78n-1, 78o, 78o-4,
78o-10, 78p, 78q, 78q-1, 78s, 78u-5, 78w, 78x, 78ll, 78mm, 80a-20,
80a-23, 80a-29, 80a-37, 80b-3, 80b-4, 80b-11, 7201 et seq.; and
8302; 7 U.S.C. 2(c)(2)(E); 12 U.S.C. 5221(e)(3); 18 U.S.C. 1350; and
Pub. L. 111-203, 939A, 124 Stat. 1376 (2010); and Pub. L. 112-106,
secs. 503 and 602, 126 Stat. 326 (2012), unless otherwise noted.
* * * * *

0
38. Effective March 15, 2021, amend Sec.  240.12g-6 by
0
a. Revising the section heading; and
0
b. Revising paragraph (a) introductory text.
    The revisions read as follows:

Sec.  240.12g-6  Exemption for securities issued pursuant to section
4(a)(6) of the Securities Act of 1933 or Regulation Crowdfunding.

    (a) For purposes of determining whether an issuer is required to
register a security with the Commission pursuant to section 12(g)(1) of
the Act (15 U.S.C. 78l(g)(1)), the definition of held of record shall
not include securities issued pursuant to the offering exemption under
section 4(a)(6) of the Securities Act (15 U.S.C. 77d(a)(6)) or
Sec. Sec.  227.100 through 227.504 (Regulation Crowdfunding) by an
issuer that:
* * * * *

0
39. Effective March 15, 2021, amend Sec.  240.12g5-1 by
0
a. Revising paragraph (a)(2); and
0
b. Adding paragraph (a)(9).
    The revision and addition read as follows:

Sec.  240.12g5-1   Definition of securities ``held of record''.

    (a) * * *
    (2) Except as specified in paragraph (a)(9) of this section,
securities identified as held of record by a corporation, a
partnership, a trust whether or not the trustees are named, or other
organization shall be included as so held by one person.
* * * * *
    (9) For purposes of determining whether a crowdfunding issuer, as
defined in Sec.  270.3a-9(b)(1) of this chapter, or a crowdfunding
vehicle, as defined in Sec.  270.3a-9(b)(2) of this chapter, is
required to register a class of equity securities with the Commission
pursuant to section 12(g)(1) of the Act, both the crowdfunding issuer
and the crowdfunding vehicle:
    (i) May exclude securities issued by a crowdfunding vehicle, as
defined in Sec.  270.3a-9(b)(2) of this chapter, in an offering under
Sec. Sec.  227.100 through 227.504 (Regulation Crowdfunding) in which
the crowdfunding vehicle and the crowdfunding issuer are deemed to be
co-issuers under the Securities Act (15 U.S.C. 77a et seq.) and that
are held by natural persons; and
    (ii) Shall include securities issued by a crowdfunding vehicle, as
defined in Sec.  270.3a-9(b)(2) of this chapter, in an offering under
Regulation Crowdfunding in which the crowdfunding vehicle and the
crowdfunding issuer are deemed to be co-issuers under the Securities
Act and that are held by investors that are not natural persons.
* * * * *

PART 249--FORMS, SECURITIES EXCHANGE ACT OF 1934

0
40. 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.; 12 U.S.C.
5461 et seq.; 18 U.S.C. 1350; Sec. 953(b), Pub. L. 111-203, 124
Stat. 1904; Sec. 102(a)(3), Pub. L. 112-106, 126 Stat. 309 (2012);
Sec. 107, Pub. L. 112-106, 126 Stat. 313 (2012), and Sec. 72001,
Pub. L. 114-94, 129 Stat. 1312 (2015), unless otherwise noted.
    Section 240.220f is also issued under secs. 3(a), 202, 208, 302,
306(a), 401(a), 401(b), 406 and 407, Pub. L. 107-204, 116 Stat. 745.
* * * * *
    Section 249.308 is also issued under 15 U.S.C. 80a-29 and 80a-
37.
* * * * *

0
41. Amend Form 20-F (referenced in Sec.  249.220f) by revising the
second, third, and fourth paragraphs following instruction 4.(a)(ii)
under ``Instructions as to Exhibits,'' and prior to the note, to read
as follows:

    Note: The text of Form 20-F does not, and this amendment will
not, appear in the Code of Federal Regulations.

Form 20-F

* * * * *

Instructions as to Exhibits

* * * * *
    4. (a) * * *
    (ii) completes a transaction that had the effect of causing it to
cease being a public shell company.
    The only contracts that must be filed are those to which the
registrant or a subsidiary of the registrant is a party or has
succeeded to a party by assumption or assignment or in which the
registrant or such subsidiary has a beneficial interest.
    The registrant may redact specific provisions or terms of exhibits
required to be filed by this Form 20-F if the registrant customarily
and actually treats that information as private or confidential and if
the omitted information is not material. If it does so, the registrant
should mark the exhibit index to indicate that portions of the exhibit
or exhibits have been omitted and include a prominent statement on

the first page of the redacted exhibit that certain identified
information has been excluded from the exhibit because it is both not
material and is the type that the registrant treats as private or
confidential. The registrant also must include brackets indicating
where the information is omitted from the filed version of the exhibit.
If requested by the Commission or its staff, the registrant must
promptly provide on a supplemental basis an unredacted copy of the
exhibit and its materiality and privacy or confidentiality analyses.
Upon evaluation of the registrant's supplemental materials, the
Commission or its staff may require the registrant to amend its filing
to include in the exhibit any previously redacted information that is
not adequately supported by the registrant's analyses. The registrant
may request confidential treatment of the supplemental material
submitted under this instruction pursuant to Rule 83 (Sec.  200.83 of
this chapter) while it is in the possession of the Commission or its
staff. After completing its review of the supplemental information, the
Commission or its staff will return or destroy it if the registrant
complies with the procedures outlined in Rules 418 or 12b-4 (Sec.
230.418 or Sec.  240.12b-4).
* * * * *

0
42. Amend Form 8-K (referenced in Sec.  249.308) by revising
Instruction 6 under Item 1.01 to read as follows:

    Note:  The text of Form 8-K does not, and this amendment will
not, appear in the Code of Federal Regulations.

Form 8-K

* * * * *

Information To Be Included in the Report

Section 1--Registrant's Business and Operations

Item 1.01 Entry Into a Material Definitive Agreement

* * * * *
    Instructions.
* * * * *
    6. To the extent a material definitive agreement is filed as an
exhibit under this Item 1.01, the registrant may redact specific
provisions or terms of the exhibit if the registrant customarily and
actually treats that information as private or confidential and if the
omitted information is not material, provided that the registrant
intends to incorporate by reference this filing into its future
periodic reports or registration statements, as applicable, in
satisfaction of Item 601(b)(10) of Regulation S-K. If it does so, the
registrant should mark the exhibit index to indicate that portions of
the exhibit have been omitted and include a prominent statement on the
first page of the redacted exhibit that certain identified information
has been excluded from the exhibit because it is both not material and
is the type that the registrant treats as private or confidential. The
registrant also must include brackets indicating where the information
is omitted from the filed version of the exhibit. If requested by the
Commission or its staff, the registrant must promptly provide on a
supplemental basis an unredacted copy of the exhibit and its
materiality and privacy or confidentiality analyses. Upon evaluation of
the registrant's supplemental materials, the Commission or its staff
may require the registrant to amend its filing to include in the
exhibit any previously redacted information that is not adequately
supported by the registrant's analyses. The registrant may request
confidential treatment of the supplemental material submitted under
this instruction pursuant to Rule 83 (Sec.  200.83) while it is in the
possession of the Commission or its staff. After completing its review
of the supplemental information, the Commission or its staff will
return or destroy it if the registrant complies with the procedures
outlined in Rules 418 or 12b-4 (Sec.  230.418 or Sec.  240.12b-4).
* * * * *

PART 270--RULES AND REGULATIONS, INVESTMENT COMPANY ACT OF 1940

0
43. The authority citation for part 270 continues to read in part as
follows:

    Authority: 15 U.S.C. 80a-1 et seq., 80a-34(d), 80a-37, 80a-39,
and Pub. L. 111-203, sec. 939A, 124 Stat. 1376 (2020), unless
otherwise noted.
* * * * *

0
44. Effective March 15, 2021, add Sec.  270.3a-9 to read as follows:

Sec.  270.3a-9  Crowdfunding vehicle.

    (a) Notwithstanding section 3(a) of the Act, a crowdfunding vehicle
will be deemed not to be an investment company if the vehicle:
    (1) Is organized and operated for the sole purpose of directly
acquiring, holding, and disposing of securities issued by a single
crowdfunding issuer and raising capital in one or more offerings made
in compliance with Sec. Sec.  227.100 through 227.504 (Regulation
Crowdfunding);
    (2) Does not borrow money and uses the proceeds from the sale of
its securities solely to purchase a single class of securities of a
single crowdfunding issuer;
    (3) Issues only one class of securities in one or more offerings
under Regulation Crowdfunding in which the crowdfunding vehicle and the
crowdfunding issuer are deemed to be co-issuers under the Securities
Act (15 U.S.C. 77a et seq.);
    (4) Receives a written undertaking from the crowdfunding issuer to
fund or reimburse the expenses associated with its formation,
operation, or winding up, receives no other compensation, and any
compensation paid to any person operating the vehicle is paid solely by
the crowdfunding issuer;
    (5) Maintains the same fiscal year-end as the crowdfunding issuer;
    (6) Maintains a one-to-one relationship between the number,
denomination, type and rights of crowdfunding issuer securities it owns
and the number, denomination, type and rights of its securities
outstanding;
    (7) Seeks instructions from the holders of its securities with
regard to:
    (i) The voting of the crowdfunding issuer securities it holds and
votes the crowdfunding issuer securities only in accordance with such
instructions; and
    (ii) Participating in tender or exchange offers or similar
transactions conducted by the crowdfunding issuer and participates in
such transactions only in accordance with such instructions;
    (8) Receives, from the crowdfunding issuer, all disclosures and
other information required under Regulation Crowdfunding and the
crowdfunding vehicle promptly provides such disclosures and other
information to the investors and potential investors in the
crowdfunding vehicle's securities and to the relevant intermediary; and
    (9) Provides to each investor the right to direct the crowdfunding
vehicle to assert the rights under State and Federal law that the
investor would have if he or she had invested directly in the
crowdfunding issuer and provides to each investor any information that
it receives from the crowdfunding issuer as a shareholder of record of
the crowdfunding issuer.
    (b) For purposes of this section:
    (1) Crowdfunding issuer means a company that seeks to raise capital
as a co-issuer with a crowdfunding vehicle in an offering that complies
with all of the requirements under section 4(a)(6) of the Securities
Act (15 U.S.C. 77d(a)(6)) and Regulation Crowdfunding.
    (2) Crowdfunding vehicle means an issuer formed by or on behalf of
a crowdfunding issuer for the purpose of conducting an offering under
section 4(a)(6) of the Securities Act (15 U.S.C. 77d(a)(6)) as a co-
issuer with the

crowdfunding issuer, which offering is controlled by the crowdfunding
issuer.
    (3) Regulation Crowdfunding means the regulations set forth in
Sec. Sec.  227.100 through 227.504 of this chapter.

PART 274--FORMS PRESCRIBED UNDER THE INVESTMENT COMPANY ACT OF 1934

0
45. The authority citation for part 274 continues to read in part as
follows:

    Authority: 15 U.S.C. 77f, 77g, 77h, 77j, 77s, 78c(b), 78l, 78m,
78n, 78o(d), 80a-8, 80a-24, 80a-26, 80a-29, and Pub. L. 111-203,
sec. 939A, 124 Stat. 1376 (2010), unless otherwise noted.
* * * * *

0
46. Amend Form N-5 (referenced in Sec. Sec.  239.24 and 274.5) by
revising Instruction 3 in ``Instructions as to Exhibits'' to read as
follows:

    Note:  The text of Form N-5 does not, and this amendment will
not, appear in the Code of Federal Regulations.

Form N-5

Registration Statement of Small Business Investment Company Under the
Securities Act of 1933 and the Investment Company Act of 1940 *

* * * * *

Instructions as to Exhibits

* * * * *
    Instructions:
* * * * *
    3. The registrant may redact specific provisions or terms of
exhibits required to be filed by paragraph 9 of this Item if the
registrant customarily and actually treats that information as private
or confidential and if the omitted information is not material. If it
does so, the registrant should mark the exhibit index to indicate that
portions of the exhibit have been omitted and include a prominent
statement on the first page of the redacted exhibit that certain
identified information has been excluded from the exhibit because it is
both not material and the type that the registrant treats as private or
confidential. The registrant also must include brackets indicating
where the information is omitted from the filed version of the exhibit.
If requested by the Commission or its staff, the registrant must
promptly provide on a supplemental basis an unredacted copy of the
exhibit and its materiality and privacy or confidentiality analyses.
Upon evaluation of the registrant's supplemental materials, the
Commission or its staff may require the registrant to amend its filing
to include in the exhibit any previously redacted information that is
not adequately supported by the registrant's analyses. The registrant
may request confidential treatment of the supplemental material
submitted under this Instruction 3 pursuant to Rule 83 of the
Commission's Organizational Rules [17 CFR 200.83] while it is in the
possession of the Commission or its staff. After completing its review
of the supplemental information, the Commission or its staff will
return or destroy it, if the registrant complies with the procedures
outlined in Rule 418 under the Securities Act of 1933 [17 CFR 230.418].
* * * * *

0
47. Amend Form N-1A (referenced in Sec. Sec.  239.15A and 274.11A) by:
0
a. Amending the last sentence of Instruction 2 to Item 28 by removing
``registrant'' and adding in its place ``Registrant'';
0
b. Amending Instruction 3 to Item 28 by removing ``registrant'' and
adding in its place ``Registrant''; and
0
c. Revising Instruction 4 to Item 28.
    The revision reads as follows:

    Note:  The text of Form N-1A does not, and this amendment will
not, appear in the Code of Federal Regulations.

Form N-1A

* * * * *

Item 28. Exhibits

* * * * *

Instructions

* * * * *
    4. The Registrant may redact specific provisions or terms of
exhibits required to be filed by paragraph (h) of this Item if the
Registrant customarily and actually treats that information as private
or confidential and if the omitted information is not material. If it
does so, the Registrant should mark the exhibit index to indicate that
portions of the exhibit have been omitted and include a prominent
statement on the first page of the redacted exhibit that certain
identified information has been excluded from the exhibit because it is
both not material and the type that the Registrant treats as private or
confidential. The Registrant also must include brackets indicating
where the information is omitted from the filed version of the exhibit.
If requested by the Commission or its staff, the Registrant must
promptly provide on a supplemental basis an unredacted copy of the
exhibit and its materiality and privacy or confidentiality analyses.
Upon evaluation of the Registrant's supplemental materials, the
Commission or its staff may require the registrant to amend its filing
to include in the exhibit any previously redacted information that is
not adequately supported by the Registrant's analyses. The Registrant
may request confidential treatment of the supplemental material
submitted under this Instruction 4 pursuant to Rule 83 of the
Commission's Organizational Rules [17 CFR 200.83] while it is in the
possession of the Commission or its staff. After completing its review
of the supplemental information, the Commission or its staff will
return or destroy it, if the Registrant complies with the procedures
outlined in rule 418 under the Securities Act [17 CFR 230.418].
* * * * *

0
48. Amend Form N-2 (referenced in Sec. Sec.  239.14 and 274.11a-1) by:
0
a. Amending the last sentence of Instruction 4 to Item 25.2 by removing
``registrant'' and adding in its place ``Registrant'';
0
b. Amending Instruction 5 to Item 25.2 by removing ``registrant'' and
adding in its place ``Registrant''; and
0
c. Revising Instruction 6 to Item 25.2.
    The revision reads as follows:

    Note:  The text of Form N-2 does not, and this amendment will
not, appear in the Code of Federal Regulations.

Form N-2

* * * * *

Item 25. Financial Statements and Exhibits

* * * * *
    2. Exhibits:
* * * * *

Instructions

* * * * *
    6. The Registrant may redact specific provisions or terms of
exhibits required to be filed by paragraph k. of this Item if the
Registrant customarily and actually treats that information as private
or confidential and if the omitted information is not material. If it
does so, the Registrant should mark the exhibit index to indicate that
portions of the exhibit have been omitted and include a prominent
statement on the first page of the redacted exhibit that certain
identified information has been excluded from the exhibit because it is
both not material and the type that the Registrant treats as private or
confidential. The Registrant also must include brackets indicating
where the information is omitted from the filed version of the exhibit.
If requested by the Commission or its staff, the Registrant must
promptly provide on a supplemental basis an unredacted copy of the
exhibit and its materiality and

privacy or confidentiality analyses. Upon evaluation of the
Registrant's supplemental materials, the Commission or its staff may
require the Registrant to amend its filing to include in the exhibit
any previously redacted information that is not adequately supported by
the Registrant's analyses. The Registrant may request confidential
treatment of the supplemental material submitted under this Instruction
6 pursuant to Rule 83 of the Commission's Organizational Rules [17 CFR
200.83] while it is in the possession of the Commission or its staff.
After completing its review of the supplemental information, the
Commission or its staff will return or destroy it, if the Registrant
complies with the procedures outlined in Rule 418 under the Securities
Act [17 CFR 230.418].
* * * * *

0
49. Amend Form N-3 (referenced in Sec. Sec.  239.17a and 274.11b) by
revising Instruction 5 to Item 29(b) to read as follows:

    Note:  The text of Form N-3 does not, and this amendment will
not, appear in the Code of Federal Regulations.

Form N-3

* * * * *

Item 29. Financial Statements and Exhibits

* * * * *
    (b) Exhibits:
* * * * *

Instructions

* * * * *
    5. The Registrant may redact specific provisions or terms of
exhibits required to be filed by paragraphs (9) and (11) of this Item
if the Registrant customarily and actually treats that information as
private or confidential and if the omitted information is not material.
If it does so, the Registrant should mark the exhibit index to indicate
that portions of the exhibit have been omitted and include a prominent
statement on the first page of the redacted exhibit that certain
identified information has been excluded from the exhibit because it is
both not material and the type that the Registrant treats as private or
confidential. The Registrant also must include brackets indicating
where the information is omitted from the filed version of the exhibit.
If requested by the Commission or its staff, the Registrant must
promptly provide on a supplemental basis an unredacted copy of the
exhibit and its materiality and privacy or confidentiality analyses.
Upon evaluation of the Registrant's supplemental materials, the
Commission or its staff may require the Registrant to amend its filing
to include in the exhibit any previously redacted information that is
not adequately supported by the Registrant's analyses. The Registrant
may request confidential treatment of the supplemental material
submitted under this Instruction 5 pursuant to Rule 83 of the
Commission's Organizational Rules [17 CFR 200.83] while it is in the
possession of the Commission or its staff. After completing its review
of the supplemental information, the Commission or its staff will
return or destroy it, if the Registrant complies with the procedures
outlined in Rule 418 under the Securities Act [17 CFR 230.418].
* * * * *

0
50. Amend Form N-4 (referenced in Sec. Sec.  239.17b and 274.11c) by
revising Instruction 5 to Item 24(b) to read as follows:

    Note:  The text of Form N-4 does not, and this amendment will
not, appear in the Code of Federal Regulations.

Form N-4

* * * * *

Item 24. Financial Statements and Exhibits

* * * * *
    (b) Exhibits:
* * * * *
    Instructions
* * * * *
    5. The Registrant may redact specific provisions or terms of
exhibits required to be filed by paragraphs (7) and (8) of this Item if
the Registrant customarily and actually treats that information as
private or confidential and if the omitted information is not material.
If it does so, the Registrant should mark the exhibit index to indicate
that portions of the exhibit or exhibits have been omitted and include
a prominent statement on the first page of the redacted exhibit that
certain identified information has been excluded from the exhibit
because it is both not material and the type that the Registrant treats
as private or confidential. The Registrant also must include brackets
indicating where the information is omitted from the filed version of
the exhibit. If requested by the Commission or its staff, the
Registrant must promptly provide on a supplemental basis an unredacted
copy of the exhibit and its materiality and privacy or confidentiality
analyses. Upon evaluation of the Registrant's supplemental materials,
the Commission or its staff may require the Registrant to amend its
filing to include in the exhibit any previously redacted information
that is not adequately supported by the Registrant's analyses. The
Registrant may request confidential treatment of the supplemental
material submitted under this Instruction 5 pursuant to Rule 83 of the
Commission's Organizational Rules [17 CFR 200.83] while it is in the
possession of the Commission or its staff. After completing its review
of the supplemental information, the Commission or its staff will
return or destroy it, if the Registrant complies with the procedures
outlined in Rule 418 under the Securities Act [17 CFR 230.418].
* * * * *

0
51. Amend Form N-6 (referenced in Sec. Sec.  239.17c and 274.11d) by
revising Instruction 3 to Item 26 to read as follows:

    Note:  The text of Form N-6 does not, and this amendment will
not, appear in the Code of Federal Regulations.

Form N-6

* * * * *

Item 26. Exhibits

* * * * *
    Instructions:
* * * * *
    3. The Registrant may redact specific provisions or terms of
exhibits required to be filed by paragraphs (g) and (j) of this Item if
the Registrant customarily and actually treats that information as
private. If it does so, the Registrant should mark the exhibit index to
indicate that portions of the exhibit have been omitted and include a
prominent statement on the first page of the redacted exhibit that
certain identified information has been excluded from the exhibit
because it is both not material and the type that the Registrant treats
as private or confidential. The Registrant also must include brackets
indicating where the information is omitted from the filed version of
the exhibit. If requested by the Commission or its staff, the
Registrant must promptly provide on a supplemental basis an unredacted
copy of the exhibit and its materiality and privacy or confidentiality
analyses. Upon evaluation of the Registrant's supplemental materials,
the Commission or its staff may require the Registrant to amend its
filing to include in the exhibit any previously redacted information
that is not adequately supported by the Registrant's analyses. The
Registrant may request confidential treatment of the supplemental
material submitted under this Instruction 3 pursuant to rule 83 of the
Commission's

Organizational Rules [17 CFR 200.83] while it is in the possession of
the Commission or its staff. After completing its review of the
supplemental information, the Commission or its staff will return or
destroy it, if the Registrant complies with the procedures outlined in
rule 418 under the Securities Act [17 CFR 230.418].
* * * * *

0
52. Amend Form N-8B-2 (referenced in Sec.  274.12) by revising
Instruction 3 to ``IX Exhibits'' to read as follows:

    Note: The text of Form N-8B-2 does not, and this amendment will
not, appear in the Code of Federal Regulations.

Form N-8B-2

Registration Statement of Unit Investment Trusts Which Are Currently
Issuing Securities

* * * * *

IX

Exhibits

* * * * *
    Instructions:
* * * * *
    3. The registrant may redact specific provisions or terms of
exhibits required to be filed by A(9) if the registrant customarily and
actually treats that information as private. If it does so, the
registrant should mark the exhibit index to indicate that portions of
the exhibit have been omitted and include a prominent statement on the
first page of the redacted exhibit that certain identified information
has been excluded from the exhibit because it is both not material and
the type that the registrant treats as private or confidential. The
registrant also must include brackets indicating where the information
is omitted from the filed version of the exhibit. If requested by the
Commission or its staff, the registrant must promptly provide on a
supplemental basis an unredacted copy of the exhibit and its
materiality and privacy or confidentiality analyses. Upon evaluation of
the registrant's supplemental materials, the Commission or its staff
may require the registrant to amend its filing to include in the
exhibit any previously redacted information that is not adequately
supported by the registrant's analyses. The registrant may request
confidential treatment of the supplemental material submitted under
this Instruction 3 pursuant to rule 83 of the Commission's
Organizational Rules [17 CFR 200.83] while it is in the possession of
the Commission or its staff. After completing its review of the
supplemental information, the Commission or its staff will return or
destroy it, if the registrant complies with the procedures outlined in
rule 418 under the Securities Act [17 CFR 230.418].
* * * * *

    By the Commission.

    Dated: November 2, 2020.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2020-24749 Filed 1-13-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 39 (Thursday, February 27, 2020)]
[Rules and Regulations]
[Pages 11817-11822]
[FR Doc No: 2020-03152]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2018-0562; FRL-10005-51-Region 9]

Clean Air Plans; 2008 8-Hour Ozone Nonattainment Area
Requirements; Determination of Attainment by the Attainment Date;
Imperial County, California

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving two
state implementation plan (SIP) revisions submitted by the State of
California to meet Clean Air Act (CAA or ``Act'') requirements for the
2008 ozone national ambient air quality standards (NAAQS) in the
Imperial County nonattainment area, as follows. The EPA is approving
the ``Imperial County 2017 State Implementation Plan for the 2008 8-
Hour Ozone Standard'' (``Imperial Ozone Plan'' or ``Plan'') and the
portions of the ``2018 Updates to the California State Implementation
Plan'' (``2018 SIP Update'') that address the requirement for a
reasonable further progress (RFP) demonstration for Imperial County for
the 2008 ozone standards. In addition, the EPA is determining, based on
the ``Imperial County Clean Air Act Section 179B(b) Retrospective
Analysis for the 75 ppb 8-hour Ozone Standard'' (``Imperial Ozone
Retrospective Demonstration''), that the Imperial County nonattainment
area would have attained the 2008 ozone NAAQS by the ``Moderate'' area
attainment date of July 20, 2018, but for emissions emanating from
Mexico, and therefore is not subject to the CAA requirements pertaining
to reclassification upon failure to attain. As a result of these final
actions, the Imperial County nonattainment area will remain classified
as a Moderate nonattainment area for the 2008 ozone NAAQS.

DATES: This rule will be effective on March 30, 2020.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2018-0562. 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.

FOR FURTHER INFORMATION CONTACT: Ginger Vagenas, Air Planning Office
(AIR-2), EPA Region IX, 75 Hawthorne Street, San Francisco, CA 94105,
(415) 972-3964, or by email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA. The EPA is approving portions of the
Imperial Ozone Plan that address the requirements for emissions
statements, a base year emissions inventory, a reasonably available
control measures

(RACM) demonstration, a demonstration of attainment of the standards by
the applicable attainment date but for emissions emanating from Mexico,
and motor vehicle emissions budgets. We are finalizing our proposed
determination that Imperial County met its RFP requirements and
therefore determining the requirement for contingency measures for
failing to meet RFP is moot. We are also finalizing our proposed
approval of the State's determination of attainment by the attainment
date but for international emissions, and therefore determining that
contingency measures for failing to attain the standard are not
required. The EPA is also approving the portions of the 2018 SIP Update
that address the requirement for a reasonable further progress
demonstration for Imperial County for the 2008 ozone standards.

Table of Contents

I. Summary of the Proposed Action
II. Public Comment and EPA Responses
III. Final Action
IV. Statutory and Executive Order Reviews

I. Summary of the Proposed Action

    On November 1, 2019 (84 FR 58641), the EPA proposed to approve,
under CAA section 110(k)(3), two submittals from the California Air
Resources Board (CARB or ``State'') and the Imperial County Air
Pollution Control District (``District'') as revisions to the
California SIP for the Imperial County ozone nonattainment area.\1\ The
relevant SIP revisions include the Imperial Ozone Plan and the portions
of the 2018 SIP Update that address the requirement for an RFP
demonstration for Imperial County for the 2008 ozone standards. We also
proposed to determine, based on a separate demonstration submitted by
the State of California, that the Imperial County nonattainment area
would have attained the 2008 ozone NAAQS by the ``Moderate'' area
attainment date of July 20, 2018, but for emissions emanating from
outside of the United States (specifically, from Mexico), and therefore
is not subject to the CAA requirements pertaining to reclassification
upon failure to attain. For more information on these submittals,
please see our proposed rule.
---------------------------------------------------------------------------

    \1\ The Imperial County ozone nonattainment area for the 2008
ozone standards includes the entire county. Both the Quechan Tribe
of the Fort Yuma Indian Reservation and the Torres Martinez Desert
Cahuilla Indians have lands within Imperial County. A precise
description of the Imperial County ozone nonattainment area is
contained in 40 CFR 81.305.
---------------------------------------------------------------------------

    In our proposed rule, we provided background information on the
ozone standards,\2\ area designations and related SIP revision
requirements under the CAA, and the EPA's implementing regulations for
the 2008 ozone standards, referred to as the 2008 Ozone SIP
Requirements Rule (``2008 Ozone SRR''), including information on the
provisions of CAA section 179B, entitled ``International Border
Areas.'' \3\ To summarize, the Imperial County ozone nonattainment area
is classified as Moderate for the 2008 ozone standards, and the
Imperial Ozone Plan that is the subject of this final action was
developed to address the requirements for this Moderate nonattainment
area for the 2008 ozone NAAQS.
---------------------------------------------------------------------------

    \2\ Ground-level ozone pollution is formed from the reaction of
volatile organic compounds (VOC) and oxides of nitrogen
(NOX) in the presence of sunlight. The 1-hour ozone NAAQS
is 0.12 parts per million (ppm) (one-hour average), the 1997 ozone
NAAQS is 0.08 ppm (eight-hour average), and the 2008 ozone standard
is 0.075 ppm (eight-hour average). CARB refers to reactive organic
gases (ROG) in some of its ozone-related submittals. The CAA and the
EPA's regulations refer to VOC, rather than ROG, but both terms
cover essentially the same set of gases. In this final rule, we use
the federal term (VOC) to refer to this set of gases.
    \3\ 80 FR 12264 (March 6, 2015).
---------------------------------------------------------------------------

    In our proposed rule, we also discussed a decision issued by the
D.C. Circuit Court of Appeals in South Coast Air Quality Management
Dist. v. EPA (``South Coast II'') \4\ that vacated certain portions of
the EPA's 2008 Ozone SRR. The only aspect of the South Coast II
decision that affects this action is the vacatur of the provision in
the 2008 Ozone SRR that allowed states to use an alternative baseline
year for demonstrating RFP. To address this issue, CARB submitted an
updated RFP demonstration in the 2018 SIP Update that relied on a 2011
baseline year, along with updated motor vehicle emissions budgets
(MVEBs) associated with the new RFP milestone years.
---------------------------------------------------------------------------

    \4\ South Coast Air Quality Management Dist. v. EPA, 882 F.3d
1138 (D.C. Cir. 2018). The term ``South Coast II'' is used in
reference to the 2018 court decision to distinguish it from a
decision published in 2006 also referred to as ``South Coast.'' The
earlier decision involved a challenge to the EPA's Phase 1
implementation rule for the 1997 ozone standard. South Coast Air
Quality Management Dist. v. EPA, 472 F.3d 882 (D.C. Cir. 2006).
---------------------------------------------------------------------------

    For our proposed rule, we reviewed the various SIP elements
contained in the Imperial Ozone Plan and the portions of the 2018 SIP
Update that address the requirement for an RFP demonstration for
Imperial County for the 2008 ozone standards, evaluated them for
compliance with statutory and regulatory requirements, and concluded
that they meet all applicable requirements. More specifically, in our
proposed rule, we proposed to approve the following:
     Emissions statement certification as meeting the
requirements of CAA section 182(A)(3)(B);
     Base year emissions inventory as meeting the requirements
of CAA sections 172(c)(3) and 182(a)(1) and 40 CFR 51.1115 with respect
to attainment planning;
     RACM demonstration as meeting the requirements of CAA
section 172(c)(1) and 40 CFR 51.1112(c);
     RFP demonstration as meeting the requirements of CAA
sections 182(b)(1), and 40 CFR 51.1110(a)(4)(i); and
     Motor vehicle emissions budgets for the 2017 RFP milestone
year because they are consistent with the RFP demonstration and the
demonstration of attainment but for international emissions that are
approved herein and meet the other criteria of 40 CFR 93.118(e); \5\
---------------------------------------------------------------------------

    \5\ In light of CARB's request to limit the duration of the
approval of the budgets in the Imperial Ozone Plan and in
anticipation of the EPA's approval, in the near term, of an updated
version of CARB's EMFAC (short for EMission FACtor) model for use in
SIP development and transportation conformity in California to
include updated vehicle mix and emissions data, we proposed to limit
the duration of our approval of the budgets until replacement
budgets have been found adequate. 84 FR 58641, 58658-58659.
---------------------------------------------------------------------------

    We also proposed that finalization of this action regarding the
179B demonstration would render the RFP contingency measure requirement
of CAA section 172(c)(9) moot and that attainment contingency measures
would no longer be required.
    We also note that since signature of our proposed action on the
Imperial Ozone Plan, we have finalized a separate action approving in
part and conditionally approving in part certain portions of the
Imperial Ozone Plan (Chapter 7, ``Reasonably Available Control
Technology Assessment'' and App. B, ``Reasonably Available Control
Technology Analysis for the 2017 Imperial County State Implementation
Plan for the 2008 8-Hour Ozone Standard'').\6\
---------------------------------------------------------------------------

    \6\ The final action on the Imperial RACT SIP for the 2008 ozone
standard has been signed but has not yet published in the Federal
Register; therefore, we have included a copy of the signed final
action in the docket for this action. See also, 84 FR 58647, note
54.
---------------------------------------------------------------------------

    Given our proposal that the Imperial Ozone Plan meets all
requirements for the Imperial County Moderate ozone nonattainment area,
other than the requirement to demonstrate attainment, and our
evaluation of the State's lines of evidence that together support the
conclusion that Imperial County's SIP submission demonstrated the area
would have attained the 2008 ozone

NAAQS by the July 20, 2018 attainment date but for emissions emanating
from Mexico, under CAA section 179B(a), the EPA proposed to approve the
Imperial Ozone Plan's section 179B attainment demonstration as meeting
the requirements of CAA sections 172(c)(1), 182(b)(1)(A), and 179B(a)
and 40 CFR 51.1108.
    Concurrently, we proposed to determine, consistent with our
evaluation of the Imperial Ozone Plan, the 2018 Update, and the
Imperial Ozone Retrospective Demonstration, that the Imperial County
nonattainment area would have attained the 2008 ozone NAAQS by the
Moderate area attainment date of July 20, 2018, but for emissions
emanating from Mexico, under CAA section 179B(b). We also stated that,
if our proposed determination were finalized, the EPA's obligation
under CAA section 181(b)(2)(A) to determine whether the area attained
by its attainment date would not apply and the area would not be
reclassified.
    Please see our proposed rule for more information concerning the
background for this action and for a more detailed discussion of the
rationale for approval of the above-listed elements of the Imperial
Ozone Plan and our determination that Imperial County would have
attained the 2008 ozone NAAQS by the Moderate area attainment date of
July 20, 2018, but for emissions emanating from Mexico.

II. Public Comment and EPA Responses

    The public comment period on the proposed rule opened on November
1, 2019, the date of its publication in the Federal Register, and
closed on December 2, 2019. During this period, the EPA received one
set of comments from the Center for Biological Diversity, Comite Civico
del Valle, Inc., and Air Law for All, Ltd., and one anonymous comment.
    The anonymous commenter describes ozone generators and safety
sensors, issues that are outside the scope of this rulemaking. With
respect to the other commenter, we provide summaries of the comments
and our responses thereto in the following paragraphs. All the comments
received are included in the docket for this action.
    Comment 1: The commenter argues that any ``but for'' determination
should be conditioned on California following through on its commitment
to enhance and fund border pollution activities, including the creation
and funding of a CARB assistant executive officer position for border
pollution. The commenter asserts that CARB has acknowledged the need to
create and fund such a position with staff to focus on border pollution
issues, referencing, among other things, statements made at a CARB
public meeting on December 13, 2018 to consider a particulate matter
plan for Imperial County. The commenter contends that the State's
failure to fund and staff the assistant executive officer position for
border pollution indicates that Imperial County does not have adequate
personnel and funding to carry out the plan, as required by CAA section
110(a)(2)(E)(i).
    Response: The commenter correctly asserts that CAA section
110(a)(2)(E)(i) requires the State and District to have adequate
personnel and funding to meet their obligations under the SIP, and with
respect to the specific obligations of the SIP submission at issue in
this action. The EPA has previously determined that California met the
CAA section 110(a)(2)(E)(i) requirements for the 2008 ozone
standard.\7\ The commenter expresses concern that the State and
District have not yet created, filled, or funded a specific position
for an individual who will focus on international transport issues, as
the State and District have previously had under consideration. The EPA
agrees with the State, District, and commenters that the creation of an
official position to focus on international transport issues might be a
helpful approach to making progress on such problems. However, at this
time neither the State nor the District included the creation of an
assistant executive officer position for border pollution as an element
or a commitment of the pre-exiting SIP or in the submitted Imperial
Ozone Plan at issue in this action.\8\ Thus, the creation, filling, or
funding of such a position is not part of the SIP or the Imperial Ozone
Plan, and thus is not relevant for purposes of section 110(a)(2)(E)(i),
or an appropriate basis for the EPA to not finalize its proposed action
to approve the Plan.
---------------------------------------------------------------------------

    \7\ 81 FR 18766 (April 1, 2016).
    \8\ While several board members expressed support for staffing a
position dedicated to the coordination of various border-related
initiatives at its December 13, 2018 meeting, the Board did not
state that it intended to establish an assistant executive officer
for border pollution. California Air Resources Board meeting
transcript, 258-265, December 13, 2018.
---------------------------------------------------------------------------

    The commenters also suggest that the EPA should require the
creation and funding of such a position as a part of the ``but for''
determination of CAA section 179B. Neither section 179B(a) nor the
relevant statutory provisions applicable to nonattainment plan
requirements impose a specific obligation on states to create, fill, or
fund a position for personnel focusing on interstate transport.
Similarly, sections 179B(b)-(d) do not explicitly require states to
meet a requirement that they have such personnel. Again, the EPA agrees
that having such personnel could be useful, but does not agree that it
is a requirement for purposes of section 179B. Because the creation and
funding of the position is neither a requirement of the existing SIP or
an element of the Imperial Ozone Plan, nor an explicit requirement of
CAA section 179B, the EPA does not in this case consider it to be a
relevant consideration for the ``but for'' analysis.
    Comment 2: The commenter states that CAA sections 179B(a)(1) and
(2) provide that the EPA shall approve a plan or plan revision if (1)
it meets all requirements applicable to it under the Act, other than
the requirement to demonstrate attainment and maintenance of the
relevant air quality standard, and (2) the submitting state establishes
to the EPA's satisfaction that the plan would be adequate to attain and
maintain the standard by the relevant attainment date, but for
emissions emanating from outside the United States. The commenter
states that the EPA's proposed action did not discuss or explain the
statutory terms ``maintenance'' and ``maintain'' in CAA section 179B(a)
and argues that the EPA's failure to give any meaning to these terms
constitutes a failure of notice and is contrary to law.
    The commenter suggests that the term ``maintenance'' addresses a
gap in the statutory structure of the Act. The commenter states that
after an applicable attainment date, areas not affected by
international emissions have additional planning obligations.
Specifically, the commenter states that areas not affected by
international emissions and that do not attain the applicable standard
have additional attainment-related requirements, and areas not affected
by international emissions that do attain the applicable standard have
(at least in practice) maintenance plan requirements. The commenter
states that, on the other hand, areas with attainment plans approved
under CAA section 179B ``may never have additional obligations [even]
if the area never attains.'' The commenter states that a state may
never have the opportunity or obligation to submit a maintenance plan
because the EPA can only redesignate an area based on its design value
and the design value cannot be modified based on international border
emissions. The commenter concludes, ``In other words after EPA approves
an attainment plan under section 179B(a) and exempts the area from
reclassification, there is a gap in the statute: The state has no

additional obligations to address maintenance of the NAAQS.''
    The commenter states that the EPA must address the statutory terms
``maintenance'' and ``maintain.'' The commenter identifies a few
arguments that it believes the EPA might make in response to this
initial comment and puts forth counter arguments to those anticipated
EPA arguments. The commenter contends that the EPA cannot show that
Congress did not mean ``maintenance'' and ``maintain'' as a matter of
historical fact (i.e., legislative history) or as a matter of logic and
statutory construction, and that the EPA cannot negate the
``maintenance'' requirement by arguing that it is not an applicable
requirement.
    Similarly, the commenter states that certain permitting programs
(minor new source review, prevention of significant deterioration, and
nonattainment new source review) are designed to maintain the NAAQS
with respect to emissions from stationary sources and speculates that
the EPA might assert that these programs are the portion of the
implementation plan to which ``maintenance'' in CAA section 179B(a)
applies. The commenter provides a counter argument that these
permitting programs are insufficient to satisfy CAA section 179B(a)'s
requirements regarding maintenance because they are not designed to
maintain the NAAQS in section 179B areas and do not cover mobile
sources, pesticides, fertilizers, and most non-point sources such as
confined animal feeding operations.
    The commenter suggests one possible way to interpret the meaning of
``maintenance'' and ``maintain'' in CAA section 179B would be to
require the plan ``to show that emissions within the state will not
grow after the attainment date in such a way that the root cause of the
failure to attain shifts from international border emissions to in-
state emissions.''
    Response: As noted by the commenter, CAA section 179B(a) provides
that the EPA must approve a state implementation plan or plan revision
if (1) the plan meets all applicable requirements, other than a
requirement to demonstrate attainment and maintenance by the applicable
attainment date, and (2) the state establishes to the satisfaction of
the Administrator that a state plan would be adequate to attain and
maintain by the applicable attainment date ``but for emissions
emanating from outside of the United States.'' As further noted by the
commenter, CAA section 179B(b) provides that a state that establishes
that it would have attained the standard by the attainment date is not
subject to classification to a higher nonattainment classification
pursuant to CAA section 181(b)(2) \9\ or (5), but does not condition
this exemption from reclassification on any demonstration of
maintenance of the NAAQS.
---------------------------------------------------------------------------

    \9\ As we explained in our proposed action, CAA section 179B(b)
erroneously refers to section CAA 181(a)(2); the correct cross-
reference is section 181(b)(2). 84 FR 58660.
---------------------------------------------------------------------------

    The statute provides little guidance regarding the meaning of the
terms ``maintenance'' and ``maintain'' in CAA sections 179B(a)(1) and
(2). For example, regarding the timing of the maintenance requirement,
one possible interpretation of the statutory language is that the
state's demonstration must show that the plan revision is adequate to
attain and ``maintain'' the NAAQS ``by,'' that is, up to, the
attainment date. Another possible interpretation is that the statute
requires the state to demonstrate that the plan revision is adequate to
maintain the NAAQS beyond the attainment date. Under either of these
readings, available emissions information from California indicates
that its plan is adequate to maintain the NAAQS but for emissions
emanating from Mexico, as the State's emissions are projected to
decline into the future. Therefore, we disagree that it is necessary to
resolve this ambiguity in this action and we disagree with the
commenter's conclusion that the proposal was ``contrary to law'' based
on a failure to provide notice of the EPA's interpretation of those
terms.
    The commenter suggests that if the EPA were to interpret
``maintain'' in CAA section 179B(a)(1) and (2) as requiring a
demonstration of maintenance beyond the attainment date, one way to do
so would be to conduct an analysis of the area's emissions some time
into the future. We note that the EPA evaluates these types of
prospective emissions projections in other maintenance analyses such as
in the context of redesignations of nonattainment areas to attainment
under CAA sections 107(d)(3)(E) and 175A, although such provisions are
not applicable here.\10\
---------------------------------------------------------------------------

    \10\ In the EPA's guidance regarding redesignations, the EPA
suggests that maintenance of the NAAQS for areas that have already
attained the standard may be demonstrated by either showing that
future emissions of a pollutant and its precursors will not exceed
the level of the attainment inventory (i.e., emissions at the time
the area attained the relevant NAAQS) or by modeling to show that
the mix of sources and emission rates will not cause a violation of
the NAAQS. Memorandum dated September 4, 1992, from John Calcagni,
Director, Air Quality Management Division, EPA Office of Air Quality
Planning and Standards, Subject: ``Procedures for Processing
Requests to Redesignate Areas to Attainment.''
---------------------------------------------------------------------------

    Available emissions inventory information from the District and
CARB regarding future domestic emissions of ozone precursors
(NOX and VOC) in Imperial County and regionally indicates
that emissions will decline.\11\ For example, in February 2019, the
District and CARB submitted a redesignation request and maintenance
plan for the 1987 PM10 NAAQS. The District included
NOX and VOC emissions inventories for 2030 as part of the
maintenance plan's demonstration that Imperial County will maintain the
1987 PM10 NAAQS. (NOX and VOCs are subject to
regulation as precursors for both PM10 and ozone.) The
NOX and VOC inventories for 2030 in the PM10
maintenance plan show declining emissions for both pollutants.
Specifically, the District projects that annual average NOX
emissions will decline from 17.14 tons per day (tpd) in 2016 to 11.77
tpd in 2030 and that annual average VOC emissions will decline from
15.26 tpd in 2016 to 14.51 tpd in 2030.\12\ In addition, CARB's
California Emissions Projections Analysis Model (CEPAM) emissions
database shows that ozone precursors will decline in Imperial County
over the same time-period.\13\ Specifically, the summer day emissions
inventory \14\ for ozone precursors shows decreases that are consistent
with those in the PM10 maintenance plan.
---------------------------------------------------------------------------

    \11\ Memorandum dated February 3, 2020, from Carol Bohnenkamp
(EPA) to Rulemaking Docket EPA-R09-OAR-2018-0562, Subject: ``Ozone
Precursor Emission Inventory Trends for Imperial County,
California.''
    \12\ ``Imperial County 2018 Redesignation Request and
Maintenance Plan for Particulate Matter Less Than 10 Microns in
Diameter (PM10),'' submitted by CARB to EPA on February
13, 2019 as a revision to the Imperial County portion of the
California SIP, accessible at https://ww3.arb.ca.gov/planning/sip/planarea/imperial/sip.pdf.
    \13\ CARB's CEPAM 2016 Standard Emission Tool is accessible at
https://www.arb.ca.gov/app/emsinv/fcemssumcat/fcemssumcat2016.php.
    \14\ Because warm weather facilitates the formation of ground-
level ozone, attainment demonstrations in ozone plans are based on
emissions inventories for summer days. There is not a strong
seasonal correlation for PM10 levels in Imperial County,
so the PM10 inventories are based on annual average days.
---------------------------------------------------------------------------

    Additionally, CARB's CEPAM emissions database indicates that
region-wide domestic emissions of ozone precursors in upwind areas that
have potential contribution to ozone levels in Imperial County are also
projected to decrease over the next decade.\15\ For example,
NOX emissions in the South Coast Air Basin are projected to
decline from 306.5 tpd in

2020 to 204.9 tpd in 2031, and VOC emissions are projected to decline
from 388.6 tpd in 2020 to 358.3 tpd in 2031.\16\
---------------------------------------------------------------------------

    \15\ CARB's CEPAM 2016 Standard Emission Tool. Emissions of
ozone precursors in the South Coast Basin, as well as other areas in
southern California, including San Diego, and Ventura, are projected
to decline from 2020 to 2031.
    \16\ These projections are included in Table IX-2 of CARB's
``2018 Updates to the California State Implementation Plan,'' which
the EPA approved on October 31, 2019 (84 FR 52005).
---------------------------------------------------------------------------

    In response to the commenter's concern that there is a ``gap'' in
the statute, we note that if domestic emissions were to increase such
that the nonattainment problem were to be exacerbated, the EPA has the
authority under CAA section 110(k)(5) to call for plan revisions to
address substantially inadequate implementation plans.

III. Final Action

    For the reasons discussed in detail in the proposed rule and
summarized herein, under CAA section 110(k)(3), the EPA is taking final
action to approve as a revision to the California SIP the following
portions of the Imperial Ozone Plan and the 2018 SIP Update submitted
by CARB on November 14, 2017 and December 11, 2018, respectively:
     Emissions statement element, as meeting the requirements
of CAA section 182(a)(3)(B) and 40 CFR 51.1102 for the 2008 ozone
NAAQS;
     Base year emissions inventory element in the Imperial
ozone plan as meeting the requirements of CAA sections 172(c)(3) and
182(a)(1) and 40 CFR 51.1115 for the 2008 ozone NAAQS;
     RACM demonstration element as meeting the requirements of
CAA section 172(c)(1) and 40 CFR 51.1112(c) for the 2008 ozone NAAQS;
     RFP demonstration as meeting the requirements of CAA
section 182(b)(1) and 40 CFR 51.1110(a)(2)(i) for the 2008 ozone NAAQS;
and
     Motor vehicle emissions budgets for the RFP milestone year
of 2017, as shown in Table 1 below, because they are consistent with
the RFP demonstration and demonstration of attainment but for
international emissions for the 2008 ozone NAAQS finalized for approval
herein and meet the other criteria in 40 CFR 93.118(e).

  Table 1--2017 Motor Vehicle Emissions Budgets for Imperial County for
                          the 2008 Ozone NAAQS
------------------------------------------------------------------------
                                                       2017
                                         -------------------------------
                                             NOX (tpd)       VOC (tpd)
------------------------------------------------------------------------
On-road Mobile Sources..................            6.53            3.13
Safety Margin...........................             0.4             0.8
Motor Vehicle Emissions Budget (rounded                7               4
 to nearest whole number)...............
------------------------------------------------------------------------
Source: 2018 SIP Update, Table II-2, and CARB's Technical Clarification
  Letter, Attachment A.

    With respect to the MVEBs, we are taking final action to limit the
duration of the approval of the MVEBs to last only until the effective
date of the EPA's adequacy finding for any subsequently submitted
budgets. We are doing so at CARB's request and in light of the benefits
of using EMFAC2017-derived budgets \17\ prior to our taking final
action on the future SIP revision that includes the updated budgets.
---------------------------------------------------------------------------

    \17\ On August 15, 2019, the EPA approved and announced the
availability of EMFAC2017, the latest update to the EMFAC model for
use by State and local governments to meet CAA requirements. 84 FR
41717.
---------------------------------------------------------------------------

    In finalizing this action, we are also rendering the RFP
contingency measure requirement of CAA section 172(c)(9) moot and
determining that attainment contingency measures are no longer required
as discussed in section II.J of the proposed rule.
    Given our final determination that the Imperial Ozone Plan meets
all requirements for the Imperial County Moderate ozone nonattainment
area, other than the requirement to demonstrate attainment, and our
evaluation of the State's lines of evidence that together support the
conclusion that Imperial County would attain the 2008 ozone NAAQS by
the July 20, 2018 attainment date but for emissions emanating from
Mexico, the EPA is approving the Imperial Ozone Plan's section 179B
attainment demonstration as meeting the requirements of CAA sections
172(c)(1), 182(b)(1)(A), and 179B(a) and 40 CFR 51.1108.
    Concurrently, we are determining, consistent with our evaluation of
the Imperial Ozone Plan, the 2018 SIP Update, and the Imperial Ozone
Retrospective Demonstration, that the Imperial County nonattainment
area would have attained the 2008 ozone NAAQS by the Moderate area
attainment date of July 20, 2018 but for emissions emanating from
Mexico, under CAA section 179B(b). Therefore, the EPA's obligation
under section 181(b)(2)(A) to determine whether the area attained by
its attainment date no longer applies and the area will not be
reclassified.

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, the 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 plans as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because it is not a significant regulatory
action under Executive Order 12866;
     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 the EPA with the discretionary authority
to address disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
    However, with respect to our determination that Imperial County
attained the 2008 ozone NAAQS by July 20, 2018, but for emissions from
Mexico, this action has tribal implications. Nonetheless, it neither
imposes substantial direct compliance costs on federally recognized
tribal governments, nor preempts tribal law. Two tribes have areas of
Indian country within or directly adjacent to the Imperial County ozone
nonattainment area: The Quechan Tribe of the Fort Yuma Indian
Reservation and the Torres Martinez Desert Cahuilla Indians. The EPA
contacted both tribes with offers to consult on our proposed action;
however, neither tribe requested consultation.
    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 April 27, 2020]. 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,
Reporting and recordkeeping requirements, Volatile organic compounds.

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

    Dated: February 4, 2020.
Deborah Jordan,
Acting Regional Administrator, Region IX.

    Chapter I, title 40 of the Code of Federal Regulations is amended
as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart F--California

0
2. Section 52.220 is amended by adding paragraphs (c)(514)(ii)(A)(5)
and (c)(530)(ii)(A)(3) to read as follows:

Sec.  52.220  Identification of plan--in part.

* * * * *
    (c) * * *
    (514) * * *
    (ii) * * *
    (A) * * *
    (5) 2018 Updates to the California State Implementation Plan,
adopted on October 25, 2018, Chapter II (``SIP Elements for Imperial
County'') and pages A-3 through A-6 of Appendix A (``Nonattainment Area
Inventories''), only.
* * * * *
    (530) * * *
    (ii) * * *
    (A) * * *
    (3) Imperial County 2017 State Implementation Plan for the 2008 8-
Hour Ozone Standard, adopted September 12, 2017, except Chapter 7
(``Reasonably Available Control Technology Assessment'') and Appendix B
(Reasonably Available Control Technology Analysis for the 2017 Imperial
County State Implementation Plan for the 2008 8-Hour Ozone Standard'').
* * * * *

0
3. Section 52.244 is amended by adding paragraph (a)(10) to read as
follows:

Sec.  52.244  Motor vehicle emissions budgets.

    (a) * * *
    (10) Imperial, approved March 30, 2020.
* * * * *
[FR Doc. 2020-03152 Filed 2-26-20; 8:45 am]
 BILLING CODE 6560-50-P