[Federal Register Volume 86, Number 67 (Friday, April 9, 2021)]
[Rules and Regulations]
[Pages 18433-18437]
[FR Doc No: 2021-07357]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 732, 736, and 744

[Docket No.<PHONE_NUMBER>]
RIN 0694-AI38

Expansion of Certain End-Use and End-User Controls and Controls
on Specific Activities of U.S. Persons; Corrections; and Burma
Sanctions

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Interim final rule.

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

SUMMARY: On January 15, 2021, the Bureau of Industry and Security (BIS)
published an interim final rule establishing end-use and end-user
controls, as well as controls on specific activities of U.S. persons,
with respect to certain military-intelligence end uses and end users.
These new controls were made effective on March 16, 2021. In this
interim final rule, BIS is making technical corrections and conforming
changes to certain provisions of the Export Administration Regulations
to address inadvertent errors introduced by the January 15, 2021 rule.
This interim final rule also adds Burma to the list of countries
subject to military-intelligence-related controls that were added by
the prior rule. This action strengthens sanctions on Burma that were
imposed on March 8, 2021 in response to a February 1, 2021 military
coup.

DATES: This rule is effective April 9, 2021.

FOR FURTHER INFORMATION CONTACT: For questions concerning Burma, please
contact Tracy Patts, Foreign Policy Division, Office of
Nonproliferation and Treaty Compliance, Bureau of Industry and
Security, U.S. Department of Commerce, by email at
<EMAIL_ADDRESS>or by phone at<PHONE_NUMBER>. For all other
questions, please contact Philip Johnson, Senior Advisor, Export
Enforcement, Bureau of Industry and Security, by email at
<EMAIL_ADDRESS>or by phone at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Background

    On August 13, 2018, the President signed into law the John S.
McCain National Defense Authorization Act for Fiscal Year 2019, which
included the Export Control Reform Act of 2018 (ECRA) (50 U.S.C. 4801-
4852). ECRA directs the President to control exports, reexports, and
transfers (in-country), as well as the activities of U.S. persons, in
connection with foreign military intelligence services (50 U.S.C.
4812(a)(2)(F)), and provides authority to the Secretary of Commerce to
implement such controls on behalf of the President (50 U.S.C.
4813(a)(16)). Accordingly, on January 15, 2021, BIS published an
interim final rule, Expansion of Certain End-Use and End-User Controls
and Controls on Specific Activities of U.S. Persons, in the Federal
Register (86 FR 4865) (``January 15 rule'') amending parts 730, 734,
736, and 744 of the Export Administration Regulations (EAR) (15 CFR
parts 730 through 774) to implement, among other things, controls on
exports, reexports, and transfers (in-country), as well as specific
activities of U.S. persons, in connection with military-intelligence
end uses and end users in China, Cuba, Iran, North Korea, Russia,
Syria, and Venezuela. On March 17, 2021, BIS published a rule in the
Federal Register (86 FR 14534), which corrected an erroneous
instruction in the January 15 rule, which would have resulted in the
inadvertent deletion of two provisions of the EAR's controls on rocket
systems and unmanned aerial vehicles. The January 15 rule took effect
on March 16, 2021.

Technical Corrections

    BIS is now revising Sec. Sec.  744.6 and 744.22 of the EAR to
implement certain technical corrections to address errors that were
inadvertently introduced as part of the January 15 rule. Specifically,
BIS is adding double quotes around the term ``U.S. person,'' where that
term appears in Sec.  744.6(d) and (e), because that is a defined term
that appears in Sec.  772.1 of the EAR. In addition, BIS is revising
the definition of `military-intelligence end use' in Sec.  744.22(f)(1)
of the EAR to remove the term ``use.'' ``Use'' is a defined term in
Sec.  772.1 of the EAR meaning ``[o]peration, installation (including
on-site installation), maintenance (checking), repair, overhaul and
refurbishing.'' Because Sec.  744.22(f)(1) already includes
``operation, installation (including on-site installation), maintenance
(checking), repair, overhaul, or refurbishing,'' the inclusion of the
term ``use'' in this section of the EAR is redundant and unnecessary.
Likewise, BIS is removing the word ``design'' from Sec.  744.22(f)(1)
of the EAR as redundant and unnecessary because that section already
includes the Sec.  772.1 defined term ``development,'' which includes
design, design research, design analyses, design concepts, and other
design-related activities.
    In addition, the January 15 rule omitted a necessary conforming
change to Sec.  732.3(j) of the EAR to include an evaluation of the
applicability of any U.S. person activity controls pursuant to Sec.
744.6 of the EAR. Accordingly, BIS is revising Sec.  732.3(j) to
reflect that U.S. person activity controls apply not only with respect
to certain weapons of mass destruction proliferation end uses, but also
to certain military-intelligence end uses and end users, in accordance
with the amendments made to Sec.  744.6 of the EAR in the January 15
rule. In addition, BIS is revising the reference in Sec.  732.3(j) of
the EAR to the definition of the term ``U.S. person'' in part 744 of
the EAR to direct the reader to Sec.  772.1 of the EAR for a definition
of that term, as the January 15 rule removed the definition of ``U.S.
person'' from Sec.  744.6 of the EAR.

Burma Sanctions

    On March 8, 2021, BIS published a final rule, Burma: Implementation
of Sanctions, in the Federal Register (86 FR 13173) (``March 8 rule'')
amending various provisions of the EAR to implement sanctions on Burma,
following a February 1, 2021 military coup that overthrew the country's
democratically-elected government and the military's subsequent arrest
and detention of government leaders, human rights defenders, and
journalists. Among other revisions, the March 8 rule amended Sec.
744.21 of the EAR to add Burma to the list of countries subject to
military end-use and end-user controls. The March 8 rule and a second
final rule, Addition of Entities to the Entity List, issued that day
(March 08, 2021; 86 FR 13179) adding four entities (two government
ministries and two related commercial enterprises) in Burma to the
Entity List, were consistent with Executive Order 14014 of February 10,
2021 (86 FR 9429), in which President Biden declared a national
emergency to address the threat posed to the United States by the
situation in, and in relation to, Burma.
    To strengthen sanctions on Burma, and to address in particular the
Burmese military's continued oppression and surveillance of the Burmese
people, whether by restricting internet access or through the
imprisonment of protesters and civil society activists, BIS is hereby
amending the EAR to apply military-intelligence-related controls to
Burma and to restrict U.S. persons' activities in connection with
military-intelligence end uses and end users in Burma. Specifically,
BIS is amending Sec.  744.22 of the EAR to impose a license requirement
on the export, reexport, or transfer (in-country) of any item subject
to the EAR if an exporter, reexporter, or transferor has knowledge, or
is informed by BIS, that the item is destined for a military-
intelligence end use or end user in Burma, specifically including
Burma's Office of Chief of Military Security Affairs (OCMSA), a branch
of the Burmese armed forces tasked with monitoring and interrogating
Burmese protesters, and the Directorate of Signal, a branch of the
Burmese Army responsible for the military telecommunications network.
Additionally, BIS is revising Sec. Sec.  736.2(b)(7)(i)(A)(5) (General
Prohibition Seven, on U.S. Person controls) and 744.6(b)(5)
(Restrictions on specific activities of ``U.S. Persons'') of the EAR to
add Burma to the list of countries in which U.S. persons are prohibited
from supporting military-intelligence end uses or end users, even when
such support does not involve an item subject to the EAR. BIS is taking
this action to prevent the Burmese military, and specifically its
intelligence operations, from benefitting from access to items subject
to the EAR, including sensitive technology, or the expertise of U.S.
persons. BIS is also making a conforming change to Sec.  744.1(a) of
the EAR, which provides an overview of the end-use and end-user-based
controls in part 744 of the EAR, to reflect the fact that military end-
use and end-user controls, as well as military-intelligence end-use and
end-user controls, apply with respect to Burma.
    Although BIS is issuing this interim final rule to make certain
technical corrections and to implement additional Burma sanctions, BIS
continues to review public comments received in response to the January
15 rule to assess whether any revisions to the scope of controls set
forth in that rule are warranted.

Export Control Reform Act of 2018

    On August 13, 2018, the President signed into law the John S.
McCain National Defense Authorization Act for Fiscal Year 2019, which
included the Export Control Reform Act of 2018 (ECRA), 50 U.S.C. 4801-
4852. ECRA provides the legal basis for BIS's principal authorities and
serves as the authority under which BIS issues this rule.

Rulemaking Requirements

    1. Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distribute impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This interim final rule is not a ``significant regulatory
action'' for purposes of Executive Order 12866.
    2. This rule does not contain policies with Federalism implications
as that term is defined under Executive Order 13132.
    3. Pursuant to section 1762 of the Export Control Reform Act of
2018 (50 U.S.C. 4821), this action is exempt from the Administrative
Procedure Act (5 U.S.C. 553) requirements for notice of proposed
rulemaking, opportunity for public participation, and delay in
effective date.
    4. Because a notice of proposed rulemaking and an opportunity for
public comment are not required to be given for this rule by 5 U.S.C.
553, or by any other law, the analytical requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq., are not applicable.
Accordingly, no regulatory flexibility analysis is required, and none
has been prepared.
    5. Notwithstanding any other provision of law, no person may be
required to respond to or be subject to a penalty for failure to comply
with a collection of information, subject to the requirements of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), unless
that collection of information displays a currently valid Office of
Management and Budget (OMB) Control Number. This regulation involves a
collection of information previously approved by OMB under control
number 0694-0088, Simplified Network Application Processing System,
which includes, among other things, license applications and carries a
burden estimate of 42.5 minutes for a manual or electronic submission.
BIS expects the burden hours associated with this collection to not
significantly increase with the publication of this rule.

Savings Clause

    Shipments of items that may no longer be made under No License
Required (NLR) or license exception as a result of this action and were
on dock for loading, on lighter, laden aboard an exporting or
transferring carrier, or en route aboard a carrier to a port of export
or reexport on April 9, 2021, pursuant to actual orders for export to
Burma, reexport to Burma, or transfer (in-country) within Burma may
proceed to their destination under the prior authorization.

List of Subjects

15 CFR Part 732

    Steps for using the EAR.

15 CFR Part 736

    Exports, General prohibitions.

15 CFR Part 744

    End-user and end-use based control policy, Exports, Reporting and
recordkeeping requirements, Terrorism.

    Accordingly, parts 732, 736, and 744 of the EAR (15 CFR parts 730
through 774) are amended as follows:

PART 732--STEPS FOR USING THE EAR

0
1. The authority citation for part 732 continues to read as follows:

    Authority:  50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783.

0
2. Section 732.3 is amended by revising paragraph (j) to read as
follows:

Sec.  732.3   Steps regarding the ten general prohibitions.

* * * * *
    (j) Step 15: Restrictions on specific activities of ``U.S.
persons.'' (1) Review the scope of activity prohibited by General
Prohibition Seven (``U.S. person'' activities) (Sec.  736.2(b)(7) of
the EAR) as that activity is described in Sec.  744.6 of the EAR. Keep
in mind that such activity is not limited to exports, reexports, or
transfers (in-country). ``U.S. person'' activities extend to services
and shipping or transmitting certain wholly foreign-origin items, or
facilitating such shipments or transmissions, in `support' of the
specified weapons of mass destruction and military-intelligence-related
end uses and end users and is not limited to items listed on the CCL or
designated EAR99. See Sec.  744.6(b)(6) of the EAR for the full
definition of `support,' which includes ordering, storing, using,
selling, loaning, disposing, servicing, financing, transporting,
freight forwarding, or conducting negotiations in furtherance of.
    (2) Review the definition of ``U.S. person'' in Sec.  772.1 of the
EAR.
* * * * *

PART 736 -GENERAL PROHIBITIONS

0
3. The authority citation for part 736 continues to read as follows:

    Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p.
950; E.O. 13020, 61 FR 54079, 3 CFR, 1996 Comp., p. 219; E.O. 13026,
61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3
CFR, 2001 Comp., p. 783; E.O. 13338, 69 FR 26751, 3 CFR, 2004 Comp.,
p. 168; Notice of November 12, 2020, 85 FR 72897 (November 13,
2020); Notice of May 7, 2020, 85 FR 27639.

0
4. Section 736.2 is amended by revising paragraph (b)(7)(i)(A)(5) and
adding reserved paragraph (b)(7)(i)(B) to read as follows:

Sec.  736.2   General prohibitions and determination of applicability.

* * * * *
    (b) * * *
    (7) * * *
    (i) * * *
    (A) * * *
    (5) A `military-intelligence end use' or a `military-intelligence
end user,' as defined in Sec.  744.22(f) of the EAR, in Burma, the
People's Republic of China, Russia, or Venezuela; or a country listed
in Country Groups E:1 or E:2.
    (B) [Reserved].
* * * * *

PART 744--CONTROL POLICY; END-USER AND END-USE BASED

0
5. The authority citation for part 744 continues to read as follows:

    Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22
U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR,
1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p.
608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13026,
61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13099, 63 FR 45167, 3
CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp.,
p. 783; E.O. 13224, 66 FR 49079, 3 CFR, 2001 Comp., p. 786; Notice
of September 18, 2020, 85 FR 59641 (September 22, 2020); Notice of
November 12, 2020, 85 FR 72897 (November 13, 2020).

0
6. Section 744.1 is amended by revising paragraph (a)(1) to read as
follows:

Sec.  744.1  General provisions.

    (a)(1) Introduction. In this part, references to the EAR are
references to 15 CFR chapter VII, subchapter C. This part contains
prohibitions against exports, reexports, and selected transfers to
certain end users and end uses as introduced under General Prohibitions
Five (End use/End users) and Nine (Orders, Terms, and

Conditions), unless authorized by BIS. Sections 744.2, 744.3, and 744.4
prohibit exports, reexports, and transfers (in-country) of items
subject to the EAR to defined nuclear, missile, and chemical and
biological weapons proliferation activities. Section 744.5 prohibits
exports, reexports, and transfers (in-country) of items subject to the
EAR to defined nuclear maritime end-uses. Consistent with General
Prohibition Seven (Support of Proliferation Activities and certain
Military-Intelligence End Uses and End Users (``U.S. person''
activities)), Sec.  744.6 prohibits specific activities by U.S. persons
in support of certain nuclear, missile, chemical and biological weapons
end uses, and whole plants for chemical weapons precursors, as well as
certain military-intelligence end uses and military-intelligence end
users. Section 744.7 prohibits exports and reexports of certain items
for certain aircraft and vessels. Section 744.8 prohibits exports and
reexports without authorization to certain parties who have been
designated as proliferators of weapons of mass destruction or as
supporters of such proliferators pursuant to Executive Order 13382.
Section 744.9 sets forth restrictions on exports, reexports, and
transfers (in-country) of certain cameras, systems, or related
components. Section 744.10 prohibits exports and reexports of any item
subject to the EAR to Russian entities, included in supplement no. 4 of
this part. Section 744.11 imposes license requirements, to the extent
specified in supplement no. 4 to this part on entities listed in
supplement no. 4 to this part for activities contrary to the national
security or foreign policy interests of the United States. Sections
744.12, 744.13, and 744.14 prohibit exports and reexports of any item
subject to the EAR to persons designated as Specially Designated Global
Terrorists, Specially Designated Terrorists, or Foreign Terrorist
Organizations, respectively. Section 744.15 sets forth the conditions
for exports, reexports, and transfers (in-country) to persons listed on
the Unverified List (UVL) in supplement no. 6 to this part, the
criteria for revising the UVL, as well as procedures for requesting
removal or modification of a listing on the UVL. Section 744.16 sets
forth the license requirements, policies and procedures for the Entity
List. Section 744.17 sets forth restrictions on exports, reexports, and
transfers (in-country) of microprocessors and associated ``software''
and ``technology'' for military end uses and to military end users.
Section 744.18 sets forth restrictions on exports, reexports, and
transfers to persons designated in or pursuant to Executive Order
13315. Section 744.19 sets forth BIS's licensing policy for
applications for exports or reexports when a party to the transaction
is an entity that has been sanctioned pursuant to any of three
specified statutes that require certain license applications to be
denied. Section 744.20 requires a license, to the extent specified in
supplement no. 4 to this part, for exports and reexports of items
subject to the EAR destined to certain sanctioned entities listed in
supplement no. 4 to this part. In addition, these sections include
license review standards for export license applications submitted as
required by these sections. It should also be noted that part 764 of
the EAR prohibits exports, reexports and certain transfers of items
subject to the EAR to denied parties. Section 744.21 imposes
restrictions for exports, reexports and transfers (in-country) of items
on the CCL for a military end use or military end user in Burma, the
People's Republic of China (PRC or China), Russia, or Venezuela.
Section 744.22 imposes restrictions on exports, reexports, and
transfers (in-country) for a military-intelligence end use or military-
intelligence end user in Burma, China, Russia, or Venezuela; or a
country listed in Country Groups E:1 or E:2 (see supplement no. 1 to
part 740 of the EAR).
* * * * *

0
7. Section 744.6 is amended by:
0
a. Revising paragraph (b)(5);
0
b. Adding double quotation marks around the term ``U.S. persons'' in
paragraph (d)(2); and
0
c. Adding double quotation marks around the term ``U.S. person'' in
paragraphs (e)(1) and (2).
    The revision reads as follows:

Sec.  744.6   Restrictions on specific activities of ``U.S. persons.''

* * * * *
    (b) * * *
    (5) A `military-intelligence end use' or a `military-intelligence
end user,' as defined in Sec.  744.22(f) of the EAR, in Burma, the
People's Republic of China, Russia, or Venezuela; or a country listed
in Country Groups E:1 or E:2.
* * * * *

0
8. Section 744.22 is amended by revising paragraphs (a), (b), and (f),
to read as follows:

Sec.  744.22  Restrictions on exports, reexports, and transfers (in-
country) to certain military-intelligence end uses or end users.

    (a) General prohibition. In addition to the license requirements
for items specified on the Commerce Control List (CCL), you may not
export, reexport, or transfer (in-country) any item subject to the EAR
without a license from BIS if, at the time of the export, reexport, or
transfer (in-country), you have ``knowledge'' that the item is
intended, entirely or in part, for a `military-intelligence end use' or
a `military-intelligence end user' in Burma, the People's Republic of
China, Russia, or Venezuela; or a country listed in Country Groups E:1
or E:2 (see supplement no. 1 to part 740 of the EAR).
    (b) Additional prohibition on those informed by BIS. BIS may inform
you either individually by specific notice, through amendment to the
EAR published in the Federal Register, or through a separate notice
published in the Federal Register, that a license is required for
specific exports, reexports, or transfers (in-country) of any item
subject to the EAR because there is an unacceptable risk of use in, or
diversion to, a `military-intelligence end use' or a `military-
intelligence end user' in Burma, the People's Republic of China,
Russia, or Venezuela; or a country listed in Country Group E:1 or E:2
(see supplement no. 1 to part 740 of the EAR).
* * * * *
    (f) Definitions. (1) `Military-intelligence end use' means the
``development,'' ``production,'' operation, installation (including on-
site installation), maintenance (checking), repair, overhaul, or
refurbishing of, or incorporation into, items described on the U.S.
Munitions List (USML) (22 CFR part 121, International Traffic in Arms
Regulations), or classified under ECCNs ending in ``A018'' or under
``600 series'' ECCNs, which are intended to support the actions or
functions of a `military-intelligence end user,' as defined in this
section.
    (2) `Military-intelligence end user' means any intelligence or
reconnaissance organization of the armed services (army, navy, marine,
air force, or coast guard); or national guard. For license requirements
applicable to other government intelligence or reconnaissance
organizations in Burma, China, Russia, or Venezuela, see Sec.  744.21
of the EAR. Military-intelligence end users subject to the license
requirements set forth in this Sec.  744.22 include, but are not
limited to, the following:

    (i) Burma. Office of Chief of Military Security Affairs (OCMSA) and
the Directorate of Signal.
    (ii) Cuba. Directorate of Military Intelligence (DIM) and
Directorate of Military Counterintelligence (CIM).
    (iii) China, People's Republic of. Intelligence Bureau of the Joint
Staff Department.
    (iv) Iran. Islamic Revolutionary Guard Corps Intelligence
Organization (IRGC-IO) and Artesh Directorate for Intelligence (J2).
    (v) Korea, North. Reconnaissance General Bureau (RGB).
    (vi) Russia. Main Intelligence Directorate (GRU).
    (vii) Syria. Military Intelligence Service.
    (viii) Venezuela. General Directorate of Military
Counterintelligence (DGCIM).

Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2021-07357 Filed 4-7-21; 4:15 pm]
BILLING CODE 3510-33-P


[Federal Register Volume 76, Number 205 (Monday, October 24, 2011)]
[Notices]
[Pages 65772-65773]
[FR Doc No: 2011-27432]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2011-48]

Petition for Exemption; Summary of Petition Received

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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

SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of 14 CFR. The purpose of this notice is to
improve the public's awareness of, and participation in, this aspect of
FAA's regulatory activities. Neither publication of this notice nor the
inclusion or omission of information in the summary is intended to
affect the legal status of the petition or its final disposition.

DATES: Comments on this petition must identify the petition docket
number involved and must be received on or before November 14, 2011.

ADDRESSES: You may send comments identified by Docket Number FAA-2011-
1029 using any of the following methods:
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Send comments to the Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to the Docket Management Facility at
202-493-2251.
     Hand Delivery: Bring comments to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of our docket Web site, anyone can
find and read the comments received into any of our dockets, including
the name of the individual sending the comment (or signing the comment
for an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
    Docket: To read background documents or comments received, go to

http://www.regulations.gov at any time or to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Frances Shaver, ARM-207, (202) 267-
4059, FAA, Office of Rulemaking, 800 Independence Ave., SW.,
Washington, DC 20591 or Walter Binkley,<PHONE_NUMBER>, FAA, Aircraft
Registration Branch, PO Box 25504, Oklahoma City, OK 73125.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on October 19, 2011.
Dennis R. Pratte,
Acting Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2011-1029.
    Petitioner: Maryland State Police Aviation Command.
    Section of 14 CFR Affected: Sec.  47.15(b).
    Description of Relief Sought: Maryland State Police Aviation
Command requests relief from Sec.  47.15(b). If granted, an exemption
would allow Maryland State Police Aviation Command to use registration
numbers ``N1MSP'' through ``N11MSP'' for its new AW139 medevac fleet.

[FR Doc. 2011-27432 Filed 10-21-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 123 (Wednesday, June 28, 2017)]
[Notices]
[Page 29355]
[FR Doc No: 2017-13474]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80998; File No. SR-IEX-2017-10]

Self-Regulatory Organizations; Investors Exchange LLC; Notice of
Designation of a Longer Period for Commission Action on a Proposed Rule
Change Related to Auctions in IEX-Listed Securities, Dissemination of
Auction-Related Market Data, and Provisions Governing Trading Halts and
Pauses

June 22, 2017.
    On April 20, 2017, the Investors Exchange LLC (``IEX'' or the
``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 adopt rules governing auctions conducted on the
Exchange for IEX-listed securities, provide for the dissemination of
auction-related market data, and add rule provisions governing trading
halts and trading pauses in IEX-listed securities pursuant to the Limit
Up-Limit Down Plan. The proposed rule change was published for comment
in the Federal Register on May 9, 2017.\3\ The Commission received one
comment regarding the proposed rule change.\4\ The Exchange responded
to the comment on June 5, 2017.\5\
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 80583 (May 3, 2017),
82 FR 21634.
    \4\ See letter to Brent J. Fields, Secretary, Commission, from
Joan C. Conley, Senior Vice President and Corporate Secretary, The
NASDAQ Stock Market LLC, dated May 30, 2017.
    \5\ See letter to Brent J. Fields, Secretary, Commission, from
Sophia Lee, General Counsel, IEX, dated June 5, 2017.
---------------------------------------------------------------------------

    Section 19(b)(2) of the Act \6\ provides that within 45 days of the
publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding or as to which the self-regulatory organization
consents, the Commission shall either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether the proposed rule change should be disapproved. The
45th day after publication of the notice for this proposed rule change
is June 23, 2017. The Commission is extending this 45-day time period
for Commission action on the proposed rule change.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    The Commission finds that it is appropriate to designate a longer
period within which to take action on the proposed rule change so that
it has sufficient time to consider the proposed rule change.
Accordingly, the Commission, pursuant to Section 19(b)(2) of the
Act,\7\ designates August 7, 2017, as the date by which the Commission
shall either approve or disapprove, or institute proceedings to
determine whether to disapprove, the proposed rule change (File No. SR-
IEX-2017-10).
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(31).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-13474 Filed 6-27-17; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: November 29, 2006 (Volume 71, Number 229)]
[Notices]
[Page 69165-69166]
[DOCID:fr29no06-92]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54810; File No. SR-NYSE-2005-90]

Self-Regulatory Organizations; New York Stock Exchange LLC; Order
Granting Approval of Proposed Rule Change and Amendment No. 1 Thereto
and Notice of Filing and Order Granting Accelerated Approval to
Amendment No. 2 Thereto To Allow Certain Institutional Customers To
Elect Not To Receive Account Statements

 November 22, 2006.
    On December 21, 2005, the New York Stock Exchange, Inc. (now known
as New York Stock Exchange LLC) (``NYSE'' or ``Exchange'') filed with
the Securities and Exchange Commission (``SEC'' or ``Commission''),
pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of 1934
(``Exchange Act'' or ``Act''),\2\ and Rule 19b-4 thereunder,\3\ a
proposed amendment to NYSE Rule 409 (Statements of Accounts to
Customers). On March 28, 2006, the NYSE filed Amendment No. 1 to the
proposed rule change.\4\ The proposed rule change, as amended by
Amendment No. 1, was published for comment in the Federal Register on
May 25, 2006.\5\ The Commission received two comments on the
proposal.\6\ On August 14, 2006, the NYSE filed Amendment No. 2 to the
proposed rule change.\7\ This order approves the proposed rule change,
as amended by Amendment No. 1. Simultaneously, the Commission is
providing notice of filing of Amendment No. 2 and granting accelerated
approval of Amendment No. 2.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a et seq.
    \3\ 17 CFR 240.19b-4.
    \4\ In Amendment No. 1, the NYSE proposed to partially amend the
text of proposed amended Rule 409.
    \5\ See Exchange Act Release No. 53826 (May 18, 2006), 71 FR
30211 (May 25, 2006).
    \6\ See letter from Tom DiSpaldo, Compliance Officer, BNP
Paribas Securities Corporation, to Nancy M. Morris, Secretary,
Commission, dated June 12, 2006 (``BNP letter'') (available for
review on the Commission's Web site at http://www.sec.gov/comments/sr-nyse-2005-90/tdispaldo7238.htm
); and letter from Noland Cheng,

Chairman, Operations Committee, Securities Industry Association, to
Nancy M. Morris, Secretary, Commission, dated June 16, 2006 (``SIA
letter'') (available for review on the Commission's Web site at
http://www.sec.gov/comments/sr-nyse-2005-90/sia061606.pdf).

    \7\ In Amendment No. 2, the NYSE proposed to partially amend the
text of proposed amended Rule 409 as discussed in Section III below.
---------------------------------------------------------------------------

I. Description

    The proposed amendment to NYSE Rule 409 would allow institutional
customers conducting a Delivery versus Payment and Receive versus
Payment (``DVP/RVP'') business to elect not to receive quarterly
account statements. Rule 409, in pertinent part, specifies the
obligations of member organizations with respect to customer
statements, including frequency of delivery and elements of content.
    NYSE Rule 409(a) requires that, except with the permission of the
Exchange, members and member organizations shall send statements at
least quarterly to customers for accounts showing security and money
positions and entries during the preceding quarter. The proposed
amendment would provide relief from this requirement for customer
accounts that are carried solely for the purpose of DVP/RVP
transactions. A DVP/RVP account is an arrangement whereby delivery of
securities sold is made to the buying customer's bank in exchange for
payment, usually in cash, at settlement. Such accounts must comply with
the requirements outlined in NYSE Rule 387 (COD Orders).\8\
---------------------------------------------------------------------------

    \8\ NYSE Rule 387 sets out specific prerequisites for the
acceptance of such orders:
    (1) The member or member organization must have previously
received the name and address of the agent, together with its
customer number;
    (2) The order must note the payment on delivery or collect on
delivery nature of the trade;
    (3) The member or member organization must deliver to the
customer a confirmation in the specified form; and
    (4) The member organization must have obtained an agreement from
the customer regarding the furnishing of appropriate instructions
for the settlement of the trade.
---------------------------------------------------------------------------

    Due to the nature of DVP/RVP accounts, their statements do not
generally reflect any cash balance or security position at the end of a
quarter. Consequently, according to NYSE, DVP/RVP customers (chiefly
institutional customers) generally rely on confirmations (issued
pursuant to Rule 10b-10 under the Exchange Act) or trade runs for
transaction-related information. Such records provide critical
transactional information (such as security name and price, commission
or markup, if applicable, trade date, settlement date, etc.) in a
timely fashion. According to NYSE, institutional investors prefer
transaction confirms or trade run information to quarterly account
statements.
    The proposed amendment to NYSE Rule 409 would relieve member
organizations of the obligation to send quarterly statements to
customers if: (1) The customer's account is carried solely for the
purpose of execution on a DVP/RVP basis; (2) all transactions effected
for the account are done on a DVP/RVP basis in conformity with Rule
387; (3) the account does not show security or money positions at the
end of the quarter; (4) the customer consents to the suspension of such
statements in writing and such consents are maintained by the member
organization in a manner consistent with Exchange Rule 440 and Rule
17a-4 under the Exchange Act; \9\ (5) the member organization
undertakes to provide any particular statement or statements to the
customer promptly upon request; and (6) the member organization
undertakes to promptly reinstate the delivery of such statements to the
customer upon request. The proposed rule change specifies that Rule 409
does not qualify or condition the obligations of a member organization
under Rule 15c3-2 under the Exchange Act concerning quarterly notices
of free credit balances on statements.\10\
---------------------------------------------------------------------------

    \9\ Under NYSE Rule 440, NYSE member organizations are, among
other things, required to make and preserve books and records as
prescribed by Rule 17a-3 under the Exchange Act. Rule 440 also
states that the recordkeeping format, medium, and retention period
must comply with Rule 17a-4 under the Exchange Act. Rule 17a-4
specifies the manner in which broker-dealers must maintain the
records created in accordance with Rule 17a-3, and certain other
records produced by broker-dealers, and the required retention
periods for these records.
    \10\ Rule 15c3-2 under the Exchange Act requires broker-dealers
to provide each of their customers for whom a free credit balance is
carried, not less frequently than once every three months, a written
statement informing the customer of the amount due to the customer,
and written notice that the funds are not segregated and may be used
in the broker-dealer's business operations, and that the funds are
payable on the customer's demand.
---------------------------------------------------------------------------

II. Summary of Comments

    The Commission received two comments on the proposal, both of which
generally were supportive.\11\ BNP opposed condition number (3) of the
proposal (i.e., that the account not show security or money positions
at the end of the quarter). BNP believed that proposed condition (3)
could, among other things, require members to monitor qualifying
accounts to ensure that they had no money or positions at the end of
the quarter. BNP also contended that the condition could be triggered
as a result of a failed receipt

or delivery at the end of the quarter. In such case, the customer would
receive a quarterly statement even though it had consented not to
receive one. BNP contended that the customer would be confused by such
statement and the statement would not benefit the customer.\12\
---------------------------------------------------------------------------

    \11\ See footnote 6, supra.
    \12\ In its comment, discussed below, SIA does not believe that
condition (3) should apply to those accounts that show a money or
position balance at the end of the quarter because of unsettled
items or a ``DK.''
---------------------------------------------------------------------------

    The SIA letter supported the proposed amendment to NYSE Rule 409
but commented that the proposal would unnecessarily and impractically
require individual firms to retain a record that reflects each
institution's consent to the suspension of statements. SIA proposed
that the NYSE interpret proposed amended Rule 409 to make an
institution's notification to Omgeo \13\ and Omgeo's population of
their database sufficient for recordkeeping purposes.
---------------------------------------------------------------------------

    \13\ According to SIA, Omgeo, LLC is the leading industry
provider of institutional processing services. SIA believes that
other vendors would also provide such indicators.
---------------------------------------------------------------------------

III. NYSE's Response to Comments

    In filing Amendment No. 2, NYSE addressed comments on the proposal
by revising proposed amended Rule 409(a)(3) to confirm that
transactional positions, such as those arising from a fail to receive
or deliver money or securities, will not be deemed money or security
positions for purposes of this rule. This proposed change is intended
to avoid the possibility raised by BNP that firms could be in violation
of the rule due to a failed receipt or delivery at the end of a
quarter.

IV. Discussion

    The Commission finds that the proposed rule change, as amended, is
consistent with the requirements of the Exchange Act and the rules and
regulations thereunder applicable to a national securities
exchange.\14\ In particular, the Commission finds that the proposed
rule change is consistent with Section 6(b)(5) of the Exchange Act.\15\
Section 6(b)(5) of the Act requires, among other things, that the rules
of an exchange be designed to promote just and equitable principles of
trade, to remove impediments to and perfect the mechanism of a free and
open market and national market system, and in general, to protect
investors and the public interest. The Commission believes that the
proposed rule change, as amended, should remove impediments to and
perfect the mechanisms of a free and open market and national market
system by removing an unnecessary and potentially costly obligation on
firms to deliver quarterly account statements to DVP/RVP customers. At
the same time, the proposal maintains certain investor protections
(i.e., requiring NYSE member organizations to obtain affirmative
consent to the suspension of quarterly account statements, preserving
the ability of customers to obtain particular statements upon request
and to resume receipt of statements promptly upon request, and
precluding member organizations from unilaterally terminating delivery
of such statements). Therefore, the Commission believes the proposal is
consistent with the Exchange Act.
---------------------------------------------------------------------------

    \14\ In approving this proposed rule change, the Commission has
considered whether the proposed rule change will promote efficiency,
competition, and capital formation. See 15 U.S.C. 78c(f).
    \15\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

Accelerated Approval of Amendment No. 2

    The Commission finds good cause to approve Amendment No. 2 to the
proposed rule change, as amended, prior to the thirtieth day after
Amendment No. 2 is published for comment in the Federal Register
pursuant to Section 19(b)(2) of the Act.\16\ Amendment No. 2 clarifies
that transactional positions, such as those arising from a fail to
receive or deliver money or securities, will not be deemed money or
security positions for purposes of the proposed amended rule. The
Commission finds that Amendment No. 2 appropriately addresses a concern
raised by a commenter.\17\ For these reasons, the Commission believes
that good cause exists to accelerate approval of Amendment No. 2.
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78s(b)(2).
    \17\ See BNP letter, footnote 6, supra.
---------------------------------------------------------------------------

V. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Exchange Act,\18\ that the proposed rule change (SR-NYSE-2005-90), as
amended by Amendment No. 1 thereto, be, and hereby is, approved, and
that Amendment No. 2 thereto, be, and hereby is, approved on an
accelerated basis.
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\19\
---------------------------------------------------------------------------

    \19\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Nancy M. Morris,
Secretary.
[FR Doc. E6-20227 Filed 11-28-06; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 214 (Friday, November 4, 2016)]
[Notices]
[Page 76997]
[FR Doc No: 2016-26630]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2016-9346]

Passenger Facility Charge (PFC) Program; Draft FAA Order 5500.1B

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of withdrawal.

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

SUMMARY: FAA is rescinding the draft FAA Order 5500.1B, Passenger
Facility Charge published on August 5, 2016, and withdrawing its
request for public review and comment.

DATES: The FAA previously extended the comment period to October 31,
2016. FAA subsequently established a public Docket FAA 2016-9346 and
comments received will be entered into the public Docket.

FOR FURTHER INFORMATION CONTACT: Joe Hebert, Manager, Financial
Analysis and Passenger Facility Charge Branch, APP-510, Federal
Aviation Administration, 800 Independence Avenue SW., Washington, DC
20591, telephone<PHONE_NUMBER>; facsimile<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: On August 5, 2016, the FAA published a
notice and request for comments titled ``Passenger Facility Charge
(PFC) Program; Draft FAA Order 5500.1B'' (81 FR 51963). The notice
requested interested parties submit written comments by September 30,
2016. On September 21, 2016, the FAA extended the original comment
period by 31 days, from September 30, 2016, to October 31, 2016.
    After careful consideration, the FAA has decided to rescind the
draft Order and cancel the public review process. The FAA will issue a
revised draft in the near future for public review and comment.

    Issued in Washington, DC, on October 31, 2016.
Elliott Black,
Director, Office of Airport Planning and Programming.
[FR Doc. 2016-26630 Filed 11-3-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: August 24, 2010 (Volume 75, Number 163)]
[Notices]
[Page 52053-52054]
[DOCID:fr24au10-109]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2010-0286]

Notice of Request To Revise a Currently-Approved Information
Collection Request: Request for Revocation of Authority Granted

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice; and request for comments.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (PRA),
FMCSA announces its plan to submit to the Office of Management and
Budget (OMB) its request to revise a currently-approved information
collection request (ICR) entitled ``Request for Revocation of Authority
Granted'' covered by OMB Control Number 2126-0018. This ICR provides
FMCSA information about a voluntary request by a motor carrier, freight
forwarder, or property broker to amend or revoke its registration of
authority granted. FMCSA will seek OMB's review and approval of this
revised IC and invites public comment on this request.

DATES: We must receive your comments on or before October 25, 2010.

ADDRESSES: You may submit comments bearing the Department of
Transportation (DOT) Docket Management System (DMS) Docket Number
FMCSA-2010-0286 using any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the on-line instructions for submitting
comments.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590-0001 between 9 a.m.
and 5 p.m., e.t., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket number
for this Notice. Note that DOT posts all comments received without
change to http://www.regulations.gov, including any personal
information included in a comment. Please see the Privacy Act heading
below.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or to Room W12-
140 on the ground level of the West Building, 1200 New Jersey Avenue,
SE., Washington, DC 20590-0001 between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays. The DMS is available 24 hours
each day, 365 days each year. If you want acknowledgement that we
received your comments, please include a self-addressed, stamped
envelope or post card or print the acknowledgement page that appears
after submitting them on-line.
    Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review DOT's complete Privacy Act Statement for the Federal
Docket Management System published in the Federal Register on January
17, 2008 (73 FR 3316), or you may visit http://edocket.access.gpo.gov/
2008/pdf/E8-785.pdf.

FOR FURTHER INFORMATION CONTACT: Ms. Tura Gatling, Customer Support
Team Leader, Commercial Enforcement Division, Department of
Transportation, Federal Motor Carrier Safety Administration, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001. Telephone Number: (202)
385-2412; E-mail Address<EMAIL_ADDRESS>Office hours are from 8
a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:
    Title: Request for Revocation of Authority Granted.
    OMB Approval Number: 2126-0018.
    Type of Request: To revise a currently-approved information
collection.
    Form Number: OCE-46.
    Respondents: Motor carriers, freight forwarders and property
brokers.
    Estimated Number of Respondents: 3,700.
    Estimated Time per Response: 15 minutes.
    Expiration Date: February 28, 2011.
    Frequency of Response: On occasion.
    Estimated Total Annual Burden: 925 hours [3,700 annual Form OCE-46
filers x 15 minutes/60 minutes per filing = 925].

    Background: Title 49 of the United States Code (U.S.C.) authorizes
the Secretary of Transportation (Secretary) to promulgate regulations
governing the registration of for-hire motor carriers of regulated
commodities (49 U.S.C. 13902), surface transportation freight
forwarders (49 U.S.C. 13903), and property brokers (49 U.S.C. 13904).
    Under 49 U.S.C. 13905, each registration is effective from the date
specified and remains in effect for such period as the Secretary
determines appropriate by regulation. Section 13905(c) grants the
Secretary the authority to amend or revoke a registration at the
registrant's request. On complaint, or on the Secretary's own
initiative, the Secretary may also suspend, amend, or revoke any part
of the registration of a motor carrier, broker, or freight forwarder
for willful failure to comply with the regulations, an order of the
Secretary, or a condition of its registration.
    Form OCE-46 is used by transportation entities to voluntarily apply
for revocation of their registration authority in whole or in part.
FMCSA uses the form to seek information concerning the registrant's
docket number, name and address, and the reasons for the revocation
request. This ICR is being revised due to an increase in the estimated
number of annual respondents from 3,250 to 3,700.
    Public Comments Invited: You are asked to comment on any aspect of
this revised information collection request, including: (1) The
necessity and usefulness of the information collection for FMCSA to
meet its goal in reducing truck crashes; (2) the accuracy of the
estimated burdens; (3) ways to enhance the quality, usefulness, and
clarity of the collected information; and (4) ways to minimize the
collection burden without reducing the quality of the collected
information. The agency will summarize and/or include your comments in
the request for OMB's clearance of this information collection.

    Issued on: August 17, 2010.
Kelly Leone,
Director, Information Technology.
[FR Doc. 2010-21008 Filed 8-23-10; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 78, Number 213 (Monday, November 4, 2013)]
[Notices]
[Page 65981]
[FR Doc No: 2013-26355]

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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9902-32-OW]

Meeting of the National Drinking Water Advisory Council

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of a public meeting.

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

SUMMARY: The U.S. Environmental Protection Agency (EPA) is announcing a
meeting of the National Drinking Water Advisory Council (Council),
established under the Safe Drinking Water Act (SDWA). The meeting is
scheduled for December 11 and 12, 2013. This meeting of the Council was
postponed from October 9 and 10, 2013, due to the government shutdown.
The Council typically considers various issues associated with drinking
water protection and public water systems. During this meeting, the
Council will focus discussions on the proposed regulatory revisions to
the Lead and Copper Rule under the SDWA as well as other program
issues.

DATES: The meeting on December 11, 2013, will be held from 8:30 a.m. to
5:00 p.m., Eastern Time, and on December 12, 2013, from 8:30 a.m. to
2:30 p.m., Eastern Time.

ADDRESSES: The meeting will be held in Room 1117-A, EPA--East William
Jefferson Clinton Building, 1201 Constitution Avenue NW., Washington,
DC 20460 and the meeting will be open to the public. All attendees must
go through a metal detector, sign in with the security desk, and show
government issued photo identification to enter government buildings.

FOR FURTHER INFORMATION CONTACT: Members of the public who would like
to register and receive pertinent information, present an oral
statement or submit a written statement for the December 11 and 12
meeting should contact Roy Simon, by November 25, 2013, by email at
<EMAIL_ADDRESS>by phone at<PHONE_NUMBER>; or by regular mail at U.S.
Environmental Protection Agency, Office of Ground Water and Drinking
Water (MC 4601M), 1200 Pennsylvania Avenue NW., Washington, DC 20460.
Further details about participating in the meeting can be found in the
SUPPLEMENTARY INFORMATION section.

SUPPLEMENTARY INFORMATION:
    Details About Participating in the Meeting: If you wish to attend
the meeting, you should provide your email address when you register.
The EPA will provide updated information on the December 11 and 12
meeting to registered individuals and organizations by December 6,
2013. The Council will allocate one hour for the public's input (1:00
p.m.-2:00 p.m., Eastern Time) at the meeting on December 11, 2013. Oral
statements will be limited to five minutes at the meeting. It is
preferred that only one person present the statement on behalf of a
group or organization. To ensure adequate time for public involvement,
individuals or organizations interested in presenting an oral statement
should notify Roy Simon no later than November 25, 2013. Any person who
wishes to file a written statement can do so before or after the
Council meeting. Written statements intended for the meeting must be
received by December 2, 2013, to be distributed to all members of the
Council before any final discussion or vote is completed. Any
statements received on or after the date specified will become part of
the permanent file for the meeting and will be forwarded to the Council
members for their information.
    National Drinking Water Advisory Council: The Council was created
by Congress on December 16, 1974, as part of the SDWA of 1974, Public
Law 93-523, 42 U.S.C. 300j-5, and is operated in accordance with the
provisions of the Federal Advisory Committee Act (FACA), 5 U.S.C.
App.2. The Council was established under the SDWA to provide practical
and independent advice, consultation and recommendations to the EPA
Administrator on the activities, functions, policies, and regulations
required by the SDWA.
    Special Accommodations: For information on access or services for
individuals with disabilities, please contact Roy Simon at<PHONE_NUMBER>
or by email at<EMAIL_ADDRESS>To request accommodation of a
disability, please contact Roy Simon at least 10 days prior to the
meeting to give EPA as much time as possible to process your request.

    Dated: October 24, 2013.
Peter Grevatt,
Director, Office of Ground Water and Drinking Water.
[FR Doc. 2013-26355 Filed 11-1-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: October 15, 2008 (Volume 73, Number 200)]
[Rules and Regulations]
[Page 60942-60943]
[DOCID:fr15oc08-3]

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

DEPARTMENT OF TRANSPORTATION

14 CFR Part 97

[Docket No. 30632; Amdt. No. 3291]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This rule establishes, amends, suspends, or revokes Standard
Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums
and Obstacle Departure Procedures for operations at certain airports.
These regulatory actions are needed because of the adoption of new or
revised criteria, or because of changes occurring in the National
Airspace System, such as the commissioning of new navigational
facilities, adding new obstacles, or changing air traffic requirements.
These changes are designed to provide safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective October 15, 2008. The compliance date for
each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of October 15, 2008.

ADDRESSES: Availability of matter incorporated by reference in the
amendment is as follows:
    For Examination--
    1. FAA Rules Docket, FAA Headquarters Building, 800 Independence
Avenue, SW., Washington, DC 20591;
    2. The FAA Regional Office of the region in which the affected
airport is located;
    3. The National Flight Procedures Office, 6500 South MacArthur
Blvd., Oklahoma City, OK 73169 or,
    4. The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/code_of_
federal_regulations/ibr_locations.html.
    Availability_All SIAPs are available online free of charge. Visit
nfdc.faa.gov to register. Additionally, individual SIAP and Takeoff
Minimums and ODP copies may be obtained from:
    1. FAA Public Inquiry Center (APA-200), FAA Headquarters Building,
800 Independence Avenue, SW., Washington, DC 20591; or
    2. The FAA Regional Office of the region in which the affected
airport is located.

FOR FURTHER INFORMATION CONTACT: Harry J. Hodges, Flight Procedure
Standards Branch (AFS-420) Flight Technologies and Programs Division,
Flight Standards Service, Federal Aviation Administration, Mike
Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma
City, OK 73169 (Mail Address: P.O. Box 25082, Oklahoma City, OK 73125)
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends Title 14, Code of Federal
Regulations, Part 97 (14 CFR part 97) by amending the referenced SIAPs.
The complete regulatory description of each SIAP is listed on the
appropriate FAA Form 8260, as modified by the National Flight Data
Center (FDC)/Permanent Notice to Airmen (P-NOTAM), and is incorporated
by reference in the amendment under 5 U.S.C. 552(a), 1 CFR part 51, and
Sec.  97.20 of Title 14 of the Code of Federal Regulations.
    The large number of SIAPs, their complex nature, and the need for a
special format make their verbatim publication in the Federal Register
expensive and impractical. Further, airmen do not use the regulatory
text of the SIAPs, but refer to their graphic depiction on charts
printed by publishers of aeronautical materials. Thus, the advantages
of incorporation by reference are realized and publication of the
complete description of each SIAP contained in FAA form documents is
unnecessary. This amendment provides the affected CFR sections and
specifies the types of SIAP and the corresponding effective dates. This
amendment also identifies the airport and its location, the procedure
and the amendment number.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP as amended in the transmittal. For safety and
timeliness of change considerations, this amendment incorporates only
specific changes contained for each SIAP as modified by FDC/P-NOTAMs.
    The SIAPs, as modified by FDC P-NOTAM, and contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these changes to
SIAPs, the TERPS criteria were applied only to specific conditions
existing at the affected airports. All SIAP amendments in this rule
have been previously issued by the FAA in a FDC NOTAM as an emergency
action of immediate flight safety relating directly to published
aeronautical charts. The circumstances which created the need for all
these SIAP amendments requires making them effective in less than 30
days.
    Because of the close and immediate relationship between these SIAPs
and safety in air commerce, I find that notice and public procedure
before adopting these SIAPs are impracticable and contrary to the
public interest and, where applicable, that good cause exists for
making these SIAPs effective in less than 30 days.

Conclusion

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under DOT
Regulatory Order 12866; (2) is not a ``significant rule'' under DOT
regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air traffic control, Airports, Incorporation by reference, and
Navigation (Air).

    Issued in Washington, DC, on October 3, 2008.
James J. Ballough,
Director, Flight Standards Service.

Adoption of the Amendment

0
Accordingly, pursuant to the authority delegated to me, Title 14, Code
of Federal Regulations, Part 97, 14 CFR part 97, is amended by amending
Standard Instrument Approach Procedures, effective at 0901 UTC on the
dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120,
44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:
    By amending: Sec.  97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or
TACAN; Sec.  97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; Sec.
97.27 NDB, NDB/DME; Sec.  97.29 ILS, ILS/DME, ISMLS, MLS/DME, MLS/RNAV;
Sec.  97.31 RADAR SIAPs; Sec.  97.33 RNAV SIAPs; and Sec.  97.35 COPTER
SIAPs, Identified as follows:

* * * Effective Upon Publication

--------------------------------------------------------------------------------------------------------------------------------------------------------
       FDC date             State               City                 Airport                FDC No.                            Subject
--------------------------------------------------------------------------------------------------------------------------------------------------------
09/25/08.............  CO               RIFLE...............  GARFIELD COUNTY       8/0726                  RNAV (RNP) Z RWY 26, ORIG
                                                               REGIONAL.
09/25/08.............  CO               RIFLE...............  GARFIELD COUNTY       8/0727                  RNAV (RNP) Y RWY 26, ORIG
                                                               REGIONAL.
09/25/08.............  MI               DETROIT.............  DETROIT METROPOLITAN  8/0752                  ILS OR LOC RWY 21L, AMDT 10
                                                               WAYNE COUNTY.
09/30/08.............  CA               BURBANK.............  BOB HOPE............  8/0914                  RNAV (GPS) RWY 8, ORIG-B
09/25/08.............  MS               GULFPORT............  GULFPORT-BILOXI INTL  8/0963                  ILS OR LOC RWY 14, AMDT 14
09/25/08.............  MS               GULFPORT............  GULFPORT-BILOXI INTL  8/0968                  RNAV (GPS) RWY 14, ORIG
09/25/08.............  MS               GULFPORT............  GULFPORT-BILOXI INTL  8/0969                  VOR/DME OR TACAN RWY 14, AMDT 3
09/25/08.............  AK               NOME................  NOME................  8/0990                  ILS OR LOC/DME Y RWY 28, AMDT 3A
09/25/08.............  AK               NOME................  NOME................  8/0991                  LOC/DME BC RWY 10, AMDT 3
09/25/08.............  AK               NOME................  NOME................  8/0992                  ILS OR LOC/DME Z RWY 28, AMDT 3A
09/30/08.............  NY               NEW YORK............  JOHN F KENNEDY INTL.  8/1067                  RNAV (GPS) Y RWY 22L, AMDT 1A
09/26/08.............  CO               DENVER..............  FRONT RANGE.........  8/1092                  ILS OR LOC RWY 26, AMDT 4
09/26/08.............  OR               MEDFORD.............  ROGUE VALLEY INTL-    8/1098                  RNAV (GPS) D, ORIG-B
                                                               MEDFORD.
09/26/08.............  OR               MEDFORD.............  ROGUE VALLEY INTL-    8/1099                  RNAV (GPS) RWY 14, ORIG
                                                               MEDFORD.
09/26/08.............  MS               LOUISVILLE..........  LOUISVILLE-WINSTON    8/1154                  TAKEOFF MINIMUMS AND (OBSTACLE) DP, AMDT 2
                                                               COUNTY.
09/29/08.............  MN               CROOKSTON...........  CROOKSTON MUNI/       8/1442                  RNAV (GPS) RWY 31, ORIG
                                                               KIRKWOOD FLD.
09/29/08.............  MN               LONG PRAIRIE........  TODD FIELD..........  8/1443                  RNAV (GPS) RWY 34, ORIG
09/30/08.............  KY               LOUISVILLE..........  LOUISVILLE INTL-      8/1586                  ILS OR LOC RWY 35R, AMDT 3
                                                               STANDIFORD FLD.
09/30/08.............  CA               ONTARIO.............  ONTARIO INTL........  8/1707                  RNAV (GPS) RWY 8R, AMDT 1A
09/30/08.............  CA               ONTARIO.............  ONTARIO INTL........  8/1709                  RNAV (GPS) Y RWY 8L, AMDT 1
09/18/08.............  VA               STAUNTON/WAYNESBORO/  SHENANDOAH VALLEY     8/8994                  ILS RWY 5, AMDT 8A
                                         HARRISONBURG.         REGIONAL.
09/18/08.............  VA               STAUNTON/WAYNESBORO/  SHENANDOAH VALLEY     8/8995                  NDB OR GPS RWY 5, AMDT 9B
                                         HARRISONBURG.         REGIONAL.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. E8-24111 Filed 10-14-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 75 (Friday, April 18, 2014)]
[Rules and Regulations]
[Pages 21852-21855]
[FR Doc No: 2014-08615]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2014-0049; FRL-9909-08-Region 8]

Approval and Promulgation of Air Quality Implementation Plans;
South Dakota; Prevention of Significant Deterioration; Greenhouse Gas
Tailoring Rule Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is partially
approving and partially disapproving revisions to the South Dakota
State Implementation Plan (SIP) submitted by the South Dakota
Department of Environment and Natural Resources (DENR) to EPA on June
20, 2011. The SIP revisions address the permitting of sources of
greenhouse gases (GHGs). Specifically, we are approving revisions to
the State's Prevention of Significant Deterioration (PSD) program to
incorporate the provisions of the federal PSD and Title V Greenhouse
Gas Tailoring Rule (Tailoring Rule). The SIP revisions incorporate by
reference the federal Tailoring Rule's emission thresholds for
determining which new stationary sources and modifications to existing
stationary sources become subject to South Dakota's PSD permitting
requirements for their GHG emissions. EPA is finalizing disapproval of
a related provision that would rescind the State's Tailoring Rule
revision in certain circumstances. EPA will take separate action on an
amendment to the chapter Construction Permits for New Sources or
Modifications in the June 20, 2011 submittal, regarding permits for
minor sources. EPA is finalizing this action under section 110 and part
C of the Clean Air Act (the Act or CAA).

DATES: This final rule is effective May 19, 2014.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R08-OAR-2014-0049. All documents in the docket
are listed in the www.regulations.gov index. Although listed in the
index, some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, will be publicly available only
in hard copy. Publicly available docket materials are available either
electronically in www.regulations.gov or in hard copy at the Air
Program, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop
St., Denver, Colorado 80202-1129. EPA requests that if at all possible,
you contact the individual listed in the FOR FURTHER INFORMATION
CONTACT section to view the hard copy of the docket. You may view the
hard copy of the docket Monday through Friday, 8:00 a.m. to 4:00 p.m.,
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jody Ostendorf, Air Program, Mailcode
8P-AR, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop
St., Denver, Colorado 80202-1129,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Definitions

    For the purpose of this document, the following definitions apply:
    (i) The words or initials Act or CAA mean or refer to the federal
Clean Air Act, unless the context indicates otherwise.
    (ii) The initials DENR mean or refer to the South Dakota Department
of Environment and Natural Resources.
    (iii) The words EPA, we, us or our mean or refer to the United
States Environmental Protection Agency.
    (iv) The initials GHG mean or refer to Greenhouse Gas.
    (v) The initials PSD mean or refer to Prevention of Significant
Deterioration.
    (vi) The initials SIP mean or refer to State Implementation Plan.
    (vii) The words State or SD mean the State of South Dakota, unless
the context indicates otherwise.

Table of Contents

I. Background for Our Final Action
II. Response to Comments
III. What final action is EPA taking?
IV. Statutory and Executive Orders Review

I. Background for Our Final Action

    The June 20, 2011 submittal incorporates by reference the
provisions of the federal PSD and Title V Greenhouse Gas Tailoring Rule
(Tailoring Rule), that establish (1) that GHG is a regulated pollutant
under South Dakota's PSD program, and (2) emission thresholds for
determining which new stationary sources and modification projects
become subject to South Dakota's PSD permitting requirements for their
GHG emissions. The background for today's final rule, our rationale for
disapproving the submitted rescission clause language, and EPA's
national actions pertaining to GHGs is discussed in detail in our
proposal (see 79 FR 8130, February 11, 2014). The comment period was
open for 30 days and we received two adverse comment letters.

II. Response to Comments

    We received adverse comments on our proposed action, specifically
on our proposed disapproval of the rescission clause, from the South
Dakota DENR. We received similar comments from Otter Tail Power
Company. After considering the comments, EPA has decided to finalize
our action as proposed. The comments and our responses follow.
    Comment: DENR states that EPA's first proposed basis for
disapproval was that the rescission clause would allow for revision of
the SIP without the approval of the Administrator. EPA cited 40 CFR
51.105, which states that revisions of a plan, or portions thereof,
will not be considered part of an applicable plan until such revisions
have been approved by the Administrator in accordance with part 51.
    DENR characterizes EPA as stating that the rescission clause will
be a revision of the plan down the road that the Administrator has not
had a chance to approve. DENR disagrees, stating that EPA has the
chance to approve the rescission clause now. Otter Tail Power Company
makes a similar argument, stating that 40 CFR 51.105 will not be
violated in the event of a triggering action because the Administrator
will have already approved the fact that the rules can be revised.
    Response: EPA disagrees with this comment. We did not say the
rescission clause as submitted is not before EPA for approval. Instead,
we said that we were considering whether any future change to the SIP
that occurs as a result of the automatic rescission clause would be
consistent with EPA's interpretation of the effect of the triggering
EPA or federal court action. In this case, even if EPA were to approve
South Dakota's rescission clause now, the SIP would be modified without
any EPA interpretation of the triggering federal court action. This
violates 40 CFR 51.105.
    Comment: DENR states that EPA approval of the rescission clause
would not violate any public notice requirements. DENR notes that the
public had notice and opportunity to comment on both the State's
rulemaking

process and on EPA's SIP approval process; Otter Tail Power Company
likewise states that there has already been adequate notice and
comment. DENR states that the public is thus aware that if a court
issues an order vacating or otherwise invalidating EPA's PSD GHG
regulations, the South Dakota provisions will be rescinded. Otter Tail
Power Company states that any further public notice is unnecessary.
    Response: EPA disagrees with this comment. EPA is not stating that
there was insufficient notice that the rescission clause says what it
says. EPA is stating that in the future there would be inadequate
notice to the public as to the effects of a court decision. DENR does
not dispute this, because DENR does not indicate that there is any
notification mechanism that would take place after the court decision.
Likewise, Otter Tail Power Company does not explain how the public
would be adequately notified.
    Comment: DENR states that EPA's disapproval of the rescission
clause would place an undue burden on the regulated community.
Businesses moving to South Dakota or trying to expand would be put on
hold until South Dakota could go through the rule process of removing
the vacated provisions and submitting the revisions to EPA for
approval. DENR and Otter Tail Power Company note that EPA has taken
nearly three years to act on this submittal. Otter Tail Power Company
states that this shows it would take a similar amount of time to remove
the provisions from South Dakota's SIP if the PSD GHG provisions are
stayed or vacated. DENR states a concern that without the rescission
clause, there could be a scenario where South Dakota's SIP would have a
requirement the State could not enforce because the underlying rule or
law was no longer valid but a third party or EPA could attempt to
enforce.
    Response: EPA disagrees with this comment. First, a rescission
clause that meets the requirements we described in our proposal notice
can become effective relatively quickly. For example, we have approved
a rescission clause that takes effect upon EPA's publication of a
direct final rule in the Federal Register that a court has vacated GHG
PSD permitting requirements. 77 FR 12484 (Mar. 1, 2012). This
triggering event serves both the purpose of public notification and EPA
interpretation of the court decision. In that direct final rule, EPA
stated:

    In the event of a court decision * * * that triggers (or likely
triggers) application of Tennessee's automatic rescission
provisions, EPA intends to promptly describe the impact of the court
decision * * * on the enforceability of its GHG permitting
regulations.

77 FR 12486. Thus, a rescission clause can meet CAA requirements and
still become effective relatively quickly after a court decision,
without need for the full SIP revision process.

    Second, South Dakota provides no evidence that any businesses would
have to be put on hold. Most sources that are subject to PSD GHG
requirements are subject to PSD permitting anyway due to their
emissions of other pollutants. Furthermore, both states and EPA have
issued many PSD permits that address GHG requirements, without any
apparent impact on the economy.
    Comment: DENR notes that during the state rulemaking process, EPA
commented on South Dakota's rescission clause and did not object to it,
only asking that South Dakota remove the word ``reconsider'' from the
provision. DENR states that this estops EPA from objecting to the
provision now.
    Response: EPA disagrees with this comment. First, section 110(l)
mandates that EPA cannot approve a SIP revision that interferes with
any requirement of the CAA. Regardless of comments made during the
state rulemaking, this requirement applies. As explained in our
proposal notice and response to comments, EPA has determined in this
action that the rescission clause does not comply with requirements in
the CAA and in our regulations.
    Second, nothing in the CAA requires EPA to participate in a state
rulemaking process or to reach a final determination during that
process on whether a state rule meets the requirements of the CAA. In
addition, nothing in EPA's comment stated that the revised language
would be approvable, that the comment was EPA's final determination, or
that the submittal would not be subject to further EPA review. And even
if the comment had made such a statement, it would not give rise to
estoppel, as regardless of any such statement CAA section 110(l) does
not permit EPA to approve a SIP revision that interferes with
requirements of the CAA. See, e.g. Utah Power & Light Co. v. United
States, 243 U.S. 389 (1917) (``[T]he United States is neither bound nor
estopped by acts of its officers or agents in entering into an
arrangement or agreement to do or cause to be done what the law does
not sanction or permit.'').
    Comment: DENR states that South Dakota is in litigation with EPA
regarding EPA's Tailoring Rule. EPA's disapproval of the rescission
clause is tantamount to requiring the State to waive or compromise its
claims in that litigation by taking a contrary position in its State
rules, and is no less than coercion.
    Response: EPA strongly disagrees with this comment. It appears to
EPA that our disapproval of the rescission clause has no legal
consequences for the State, nor has DENR identified any. First, there
are no legal consequences under the CAA. A rescission clause is not a
required element of the plan, and disapproval of it does not obligate
the State in any way to make a new SIP submittal and does not create
any potential for sanctions.\1\ The State's PSD program remains fully
approved.
---------------------------------------------------------------------------

    \1\ Even if this disapproval did create potential for
sanctions--which it does not--that would not constitute coercion.
See e.g., Virginia v. Browner, 80 F.3d 869 (4th Cir. 1996).
---------------------------------------------------------------------------

    Second, there are no consequences that are relevant to the
litigation. EPA is not requiring DENR to change anything in state law.
Nor is EPA requiring the State somehow to affirm EPA's legal position
in the cited litigation. The State is not required to make any response
of any type to EPA's disapproval. There is nothing in EPA's disapproval
of the State's rescission clause that can be characterized as coercion.

III. What final action is EPA taking?

    EPA is approving in part, and disapproving in part, the June 20,
2011 submittal that addresses the permitting of sources of GHGs for
incorporation into the South Dakota SIP. Specifically, EPA is approving
revisions to Chapter 74:36:09 that incorporate the Tailoring Rule into
the State's definitions and requirements for PSD. EPA is disapproving
the provision that would rescind the State's Tailoring Rule revision in
certain circumstances. EPA will take separate action on an amendment in
the June 20, 2011 submittal to Chapter 74:36:20, Construction Permits
for New Sources or Modifications, regarding permits for minor sources.
    EPA is approving changes to Definitions, Section 74:36:01:08(2),
which revises the major source definition so that it applies to any air
pollutant ``subject to regulation as required by EPA,'' and Section
74:36:01:15(6), which adds the six GHGs designated by EPA as regulated
air pollutants to the definition of regulated air pollutant. EPA is not
taking action on the addition of ``(73) ``Subject to regulation'' as
defined in 40 CFR 70.2 (July 1, 2009), as revised in publication 75 FR
31607 (June 3, 2010), in accordance with EPA requirements,''

because it applies to the title V permitting program which is not part
of the SIP.

IV. Statutory and Executive Orders Review

    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 final action merely approves state law that meets
federal requirements and disapproves state law that does not meet
federal requirements. This action will 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 June 17, 2014. 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 CAA 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.

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

    Dated: March 24, 2014.
Shaun L. McGrath,
Regional Administrator, Region 8.

    40 CFR part 52 is amended to read 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 QQ--South Dakota

0
2. Section 52.2170 is amended in paragraph (c)(1):
0
a. By adding table entries for 74:36:01:08 and 74:36:01:15 in numerical
order; and
0
b. By revising table entry for 74:36:09:02.
    The amendments read as follows:

Sec.  52.2170  Identification of plan.

* * * * *
    (c) * * *
    (1) * * *

----------------------------------------------------------------------------------------------------------------
                                                           State        EPA approval date
        State citation             Title/subject      effective date    and citation \1\        Explanations
----------------------------------------------------------------------------------------------------------------
                                              74:36:01 Definitions

                                                  * * * * * * *
74:36:01:08..................  Major source defined.  4/4/1999        4/18/2014 [Insert     ....................
                                                                       Federal Register
                                                                       page number where
                                                                       the document
                                                                       begins.].
74:36:01:15..................  Regulated air          1/5/1995        4/18/2014 [Insert     ....................
                                pollutant defined.                     Federal Register
                                                                       page number where
                                                                       the document
                                                                       begins.].

                                                  * * * * * * *

                                74:36:09 Prevention of Significant Deterioration

                                                  * * * * * * *
74:36:09:02..................  Prevention of          6/28/2010       4/18/2014 [Insert     ....................
                                significant                            Federal Register
                                deterioration.                         page number where
                                                                       the document
                                                                       begins.].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
  Federal Register notice cited in this column for the particular provision.

* * * * *
[FR Doc. 2014-08615 Filed 4-17-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 145 (Friday, July 27, 2018)]
[Proposed Rules]
[Page 35582]
[FR Doc No: 2018-16122]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-2003-0010; FRL-9981-25--Region 5]

National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List: Partial Deletion of the Peters Cartridge
Factory Superfund Site

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; notification of intent.

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

SUMMARY: The Environmental Protection Agency (EPA) Region 5 is issuing
a Notice of Intent for Partial Deletion of the Former Process Area
(FPA) of the Peters Cartridge Factory Superfund Site (Peters Cartridge
Site) located in Kings Mills, Ohio from the National Priorities List
(NPL) and requests public comments on this proposed action. The NPL,
promulgated pursuant to Section 105 of the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA) of 1980, as amended,
is an appendix of the National Oil and Hazardous Substances Pollution
Contingency Plan (NCP). The EPA and the State of Ohio, through the Ohio
Environmental Protection Agency (OEPA), have determined that all
appropriate response actions at the FPA under CERCLA, other than
maintenance, monitoring and five-year reviews, have been completed.
However, this deletion does not preclude future actions under
Superfund.

DATES: Comments must be received by August 27, 2018.

ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-2003-0010, by mail to Randolph Cano, NPL Deletion Coordinator,
U.S. Environmental Protection Agency Region 5 (SR-6J), 77 West Jackson
Boulevard, Chicago, IL 60604. Comments may also be submitted
electronically or through hand delivery/courier by following the
detailed instructions in the ADDRESSES section of the direct final rule
located in the ``Rules and Regulations'' section of this Federal
Register.

FOR FURTHER INFORMATION CONTACT: Randolph Cano, NPL Deletion
Coordinator, U.S. Environmental Protection Agency Region 5 (SR-6J), 77
West Jackson Boulevard, Chicago, IL 60604, Phone:<PHONE_NUMBER>,
email: [email protected].

SUPPLEMENTARY INFORMATION: In the ``Rules and Regulations'' section of
today's Federal Register, we are publishing a direct final Notice of
Partial Deletion for the FPA of the Peters Cartridge Site
simultaneously with this Notice of Intent for Partial Deletion because
EPA views this as a noncontroversial revision and anticipates no
adverse comment. We have explained our reasons for this partial
deletion in the preamble to the direct final Notice of Partial
Deletion, and those reasons are incorporated herein. If we receive no
adverse comment(s) on this partial deletion action, we will not take
further action on this Notice of Intent for Partial Deletion. If we
receive adverse comment(s), we will withdraw the direct final Notice of
Partial Deletion and it will not take effect. We will, as appropriate,
address all public comments in a subsequent final Notice of Partial
Deletion based on this Notice of Intent for Partial Deletion. We will
not institute a second comment period on this Notice of Intent for
Partial Deletion. Any parties interested in commenting must do so at
this time.
    For additional information, see the direct final Notice of Partial
Deletion which is located in the ``Rules and Regulations'' section of
this Federal Register.

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals,
Hazardous waste, Hazardous substances, Intergovernmental relations,
Penalties, Reporting and recordkeeping requirements, Superfund, Water
pollution control, Water supply.

    Authority: 33 U.S.C. 1321(d); 42 U.S.C. 9601-9657; E.O. 13626,
77 FR 56749, 3 CFR, 2013 Comp., p. 306; E.O. 12777, 56 FR 54757, 3
CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 3 CFR, 1987 Comp.,
p. 193.

    Dated July 17, 2018.
 Cathy Stepp,
Regional Administrator, Region 5.
[FR Doc. 2018-16122 Filed 7-26-18; 8:45 am]
BILLING CODE 6560-50-P