[Federal Register Volume 80, Number 36 (Tuesday, February 24, 2015)]
[Notices]
[Pages 9839-9841]
[FR Doc No: 2015-03667]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74296; File No. SR-EDGX-2015-10]

Self-Regulatory Organizations; EDGX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
Rule 8.15 Entitled ``Imposition of Fines for Minor Violation(s) of
Rules''

February 18, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on February 5, 2015, EDGX Exchange, Inc. (the ``Exchange'' or
``EDGX'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange. The Exchange
has designated this proposal as a ``non-controversial'' proposed rule
change pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-
4(f)(6)(iii) thereunder,\4\ which renders it effective upon filing with
the Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6)(iii).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange filed a proposal to amend Rule 8.15 entitled
``Imposition of

Fines for Minor Violation(s) of Rules.'' The text of the proposed rule
change is available at the Exchange's Web site at www.batstrading.com,
at the principal office of the Exchange, and at the Commission's Public
Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend Rule 8.15 in order to make it
substantively identical to the corresponding rules on BATS Exchange,
Inc. (``BATS'') and BATS Y-Exchange, Inc. (``BYX''), as further
described below. Last year, the Exchange and its affiliate EDGA
Exchange, Inc. (``EDGA'') received approval to effect a merger (the
``Merger'') of the Exchange's parent company, Direct Edge Holdings LLC,
with BATS Global Markets, Inc., the parent of BATS and BYX (together
with BATS, BYX, EDGA and EDGX, the ``BGM Affiliated Exchanges'').\5\ In
the context of the Merger, the BGM Affiliated Exchanges are working to
align certain rules, retaining only intended differences between the
BGM Affiliated Exchanges. Thus, the proposal set forth below is
intended to amend Rule 8.15 in order to make it substantively identical
to corresponding rules on BATS, BYX, and EDGA.\6\
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    \5\ See Securities Exchange Act Release No. 71449 (January 30,
2014), 79 FR 6961 (February 5, 2014) (SR-EDGX-2013-43; SR-EDGA-2013-
34).
    \6\ The Exchange understands that BATS, BYX, and EDGA intend to
file proposed rule changes with the Commission to adopt
substantively identical rules.
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    Currently, paragraph (d) of Interpretation and Policy to Rule 8.15
includes Rule 2.5 Interpretation .04: Firm Element of Continuing
Education Requirement (the ``CE Rule'') under the list of Exchange rule
violations and recommended fine schedule pursuant to Rule 8.15 related
to the imposition of fines for minor violations of rules (the
``MRVP''). The Exchange, however, has no specific reference to the firm
element of the continuing education requirements under the CE Rule.
Further, BATS and BYX are proposing to adopt rules that are
substantively identical to the Exchange's MRVP, except that BATS and
BYX are not proposing to add a provision covering the CE Rule.\7\ As
such, the Exchange is proposing to eliminate paragraph (d) of
Interpretation and Policy .01 to Rule 8.15.
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    \7\ The Exchange notes that BATS and BYX do not currently and
are not going to propose to include a provision to cover the CE Rule
currently included in the Exchange's MRVP.
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    The Exchange is also proposing to amend Rule 8.15(a). Currently,
Rule 8.15(a) provides that, for the purposes of imposing fines pursuant
to Interpretation .02 of Rule 4.2, the Exchange may aggregate
individual violations of particular rules and treat such violations as
a single offense, provided that such aggregation is based upon a
comprehensive automated surveillance program. The Exchange has never
aggregated violations under this provision and does not anticipate
doing so in the future due to the content of Interpretation .02 of Rule
4.2, which could not, because of its nature, be based on a
comprehensive automated surveillance program. Interpretation and Policy
.02 of Rule 4.2 is related to the requirement to furnish Exchange-
related order, market and transaction data. As the Exchange does not
currently require Members to provide such information and because
compliance with a requirement to provide data would not likely be
reviewed based on an automated surveillance (though surveillance would
likely be performed on such data), the Exchange believes the reference
to this provision in Rule 8.15 is no longer necessary. Based on the
foregoing, and in order to conform rules across each of the BGM
Affiliated Exchanges, the Exchange is proposing to remove this
provision from Rule 8.15(a).
    Finally, the Exchange is proposing to make several non-substantive
changes to Rule 8.15. Specifically, in coordination with the
elimination of paragraph (d) of Interpretation and Policy .01 to Rule
8.15, the Exchange is proposing to make several corresponding and non-
substantive changes to the numbering of the rule. The Exchange is also
proposing to add a period to each of the sentences in proposed
paragraphs (f) and (g) of Interpretation and Policy .01 to Rule 8.15.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act \8\ and furthers the objectives of Section
6(b)(5) of the Act,\9\ in that it is designed promote just and
equitable principles of trade, remove impediments to, and perfect the
mechanism of, a free and open market and a national market system, and,
in general, protect investors and the public interest. Specifically,
the Exchange believes that the proposed changes to Rule 8.15(a) and the
deletion of paragraph (d) of Interpretation and Policy .01 to Rule 8.15
contribute to the protection of investors and the public interest by
removing unnecessary language from Exchange Rules and correcting
certain cross-references therein. The Exchange believes that these
changes will help to make Exchange Rules clearer and avoid confusion
for all participants on the Exchange.
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    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
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    Further, as mentioned above, the proposed rule changes, combined
with the planned filings for BATS, BYX, and EDGA,\10\ would allow the
BGM Affiliated Exchanges to provide a consistent set of rules as it
relates to the imposition of fines for minor violations of rules across
each of the exchanges. Consistent rules, in turn, will simplify the
application of the Exchange's regulatory program for Members of the
Exchange that are also participants on BATS, BYX, and/or EDGA. The
proposed rule change would provide greater harmonization between rules
of similar purpose on the BGM Affiliated Exchanges, resulting in
greater uniformity and less burdensome and more efficient regulatory
compliance. As such, the proposed rule change would foster cooperation
and coordination with persons engaged in facilitating transactions in
securities and would remove impediments to and perfect the mechanism of
a free and open market and a national market system.
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    \10\ See supra notes 6 and 7.
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    Finally, the Exchange believes that the non-substantive changes
described above will contribute to the protection of investors and the
public interest by helping to avoid confusion with respect to Exchange
rules by creating a consistent numbering system in its Rules.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose

any burden on competition not necessary or appropriate in furtherance
of the purposes of the act. To the contrary, allowing the Exchange to
implement substantively identical rules related to the imposition of
fines for minor violations of rules across each of the BGM Affiliated
Exchanges does not present any competitive issues, but rather is
designed to provide greater harmonization among Exchange, BATS, BYX,
and EDGA rules of similar purpose, resulting in less burdensome and
more efficient regulatory compliance for common members of the BGM
Affiliated Exchanges and an enhanced ability of the BGM Affiliated
Exchanges to fairly and efficiently regulate members, which will
further enhance competition.

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

    The Exchange has neither solicited nor received written comments on
the proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \11\ and paragraph
of Rule 19b-4(f)(6) thereunder.\12\
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    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4.
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    The Exchange has asked the Commission to waive the 30-day operative
delay so that the proposal may become operative immediately upon
filing. The Exchange stated that waiver of this requirement is
consistent with the protection of investors and the public interest
because it will allow the Exchange to have consistent rules related to
minor violations across each of the BGM Affiliated Exchanges, which it
believes will both more consistently and effectively regulate members
of the BGM Affiliated Exchanges as well as reduce the regulatory burden
on Members of the Exchange that are also members of EDGA, BYX and/or
BZX. The Commission believes that the proposed rule change presents no
novel issues and that waiver of the 30-day operative delay is
consistent with the protection of investors and the public interest.
Therefore, the Commission designates the proposed rule change to be
operative upon filing.\13\
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    \13\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposal is
consistent with the Act. Comments may be submitted by any of the
following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File No. SR-EDGX-2015-10 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.

All submissions should refer to File No. SR-EDGX-2015-10. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing will also be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File No. SR-EDGX-2015-10 and should be
submitted on or before March 17, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-03667 Filed 2-23-15; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: July 13, 2009 (Volume 74, Number 132)]
[Notices]
[Page 33437-33439]
[DOCID:fr13jy09-65]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-New England Region I--EPA-R01-OW-2009-0304; FRL-8930-1]

Maine Marine Sanitation Device Standard--Receipt of Petition

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice--receipt of petition.

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SUMMARY: Notice is hereby given that a petition has been received from
the State of Maine requesting a determination by the Regional
Administrator, U.S. Environmental Protection Agency, that adequate
facilities for the safe and sanitary removal and treatment of sewage
from all vessels are reasonably available for the waters of Camden,
Rockport, Rockland, and portions of Owls Head.

DATES: Comments must be submitted by August 12, 2009.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OW-2009-0304, by one of the following methods: http://
www.regulations.gov, Follow the on-line instructions for submitting
comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
    Mail and hand delivery: U.S. Environmental Protection Agency--New
England Region, One Congress Street, Suite 1100, COP, Boston, MA 02114-
2023. Deliveries are only accepted during the Regional Office's normal
hours of operation (8 a.m.-5 p.m., Monday through Friday, excluding
legal holidays), and special arrangements should be made for deliveries
of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R01-OW-
2009-0304. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://
www.regulations.gov, or e-mail. The http://www.regulations.gov Web site
is

an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
    Docket: All documents in the docket are listed in the http://
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 copy-righted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the U.S. Environmental
Protection Agency--New England Region, One Congress Street, Suite 1100,
COP, Boston, MA 02114-2023. Such deliveries are only accepted during
the Regional Office's normal hours of operation, and special
arrangements should be made for deliveries of boxed information. The
Regional Office is open from 8 a.m.-5 p.m., Monday through Friday,
excluding legal holidays. The telephone number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Ann Rodney, U.S. Environmental
Protection Agency--New England Region, One Congress Street, Suite 1100,
COP, Boston, MA 02114-2023. Telephone:<PHONE_NUMBER>, Fax number:
(617) 918-0538; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Notice is hereby given that a petition has
been received from the State of Maine requesting a determination by the
Regional Administrator, U.S. Environmental Protection Agency, pursuant
to section 312(f)(3) of Public Law 92-500 as amended by Public Law 95-
217 and Public Law 100-4, that adequate facilities for the safe and
sanitary removal and treatment of sewage from all vessels are
reasonably available for the Camden, Rockport, Rockland and Owls Head
area.
    The proposed No Discharge Area for Camden, Rockport, Rockland and
Portions of Owls Head:

----------------------------------------------------------------------------------------------------------------
    Waterbody/general area        From longitude       From latitude         To longitude         To latitude
----------------------------------------------------------------------------------------------------------------
From USCG navigational aid     69[deg]2'16.1'' W    44[deg]12'40.98'' N  69[deg]2'47.61'' W   44[deg]12'32.84''
 red and white bell ``CH''                                                                     N
 west across the water to
 Northeast Point in Camden.
From Northeast point west      69[deg]2'47.61'' W   44[deg]12'32.84'' N  69[deg]3'51.14'' W   44[deg]12'37.58''
 following the shore to the                                                                    N
 head of navigation in Camden
 Harbor at the mouth of the
 ``Megunticook River'' in
 Camden.
South following the shore to   69[deg]3'51.14'' W   44[deg]12'37.58'' N  69[deg]4'23.79'' W   44[deg]11'11.35''
 the head of navigation in                                                                     N
 Rockport Harbor and the
 mouth of the ``Goose River''
 in Rockport.
South following the shore to   69[deg]4'23.79'' W   44[deg]11'11.35'' N  69[deg]6'11.65'' W   44[deg]4'41.42'' N
 the extent of navigation of
 Rockland Harbor and the
 mouth of the Unnamed stream
 in Rockland.
East following the shore to    69[deg]6'11.65'' W   44[deg]4'41.42'' N   69[deg]2'36.46'' W   44[deg]5'30.58'' N
 ``Owls Head'' in the town of
 Owls Head.
East in a straight line        69[deg]2'36.46'' W   44[deg]5'30.58'' N   69[deg]2'30.06'' W   44[deg]5'24.95'' N
 across the water to USGC
 navigational green can ``7''.
North in a straight line       69[deg]2'30.06'' W   44[deg]5'24.95'' N   69[deg]2'16.1'' W    44[deg]12'40.98''
 across the water to USCG                                                                      N
 navigational aid red and
 white bell ``CH''.
----------------------------------------------------------------------------------------------------------------

    The boundaries were chosen based on easy line-of-sight locations
and generally represent all navigational waters. The area includes the
municipal waters of Camden, Rockport, Rockland and portions of Owls
Head.
    There are marinas, yacht clubs and public landings/piers in the
proposed area with a combination of mooring fields and dock space for
the recreational and commercial vessels. Maine has certified that there
are six pumpout facilities within the proposed area available to the
boating public and the facilities are connected to the municipal sewage
system. A list of the facilities, locations, contact information, hours
of operation, and water depth is provided at the end of this petition.
    Maine has provided documentation indicating that the total vessel
population is estimated to be 1151 in the proposed area. It is
estimated that 813 of the total vessel population may have a Marine
Sanitation Device (MSD) of some type.
    The proposed area is identified as a High Value Wildlife Habitat by
the U. S. Fish and Wildlife Service. The area constitutes almost 17
square miles of marine habitat, 450 acres of wetlands, and essential
habitat for bald eagles. The area is adjacent to and bordered by
several State parks including the Clam Cove Scenic Area, and the Owls
Head Regional Recreation Area. There is one large marina, a yacht club
and public boating facilities in Camden, and a boatyard and a large
City owned park and dock in Rockland, and three large marinas, two boat
repair facilities, working fishing wharfs and a city waterfront
operation, together serving roughly 1151 boats. This area is a popular
destination for boaters due to its natural environmental diversity and
would benefit from a No Discharge Area.

----------------------------------------------------------------------------------------------------------------
                                                                                Mean low
               Name                      Location       Contact information         Hours           water depth
                                                                                (in feet)
----------------------------------------------------------------------------------------------------------------
Harbormaster.....................  Town Landing,<PHONE_NUMBER>, VHF    8 a.m.-5 p.m., 7                N/A
                                    Camden.              16.                  days.
Wayfarer Marine..................  59 Sea Street,<PHONE_NUMBER>, VHF 9  8 a.m.-5 p.m., 7                 10
                                    Camden.                                   days.
Journey's End Marina.............  120 Tilson Ave.,<PHONE_NUMBER>, VHF 9  8 a.m.-5 p.m., 7                  8
                                    Rockland.                                 days.
Landings Marina..................  Commercial Street,<PHONE_NUMBER>, VHF 9  9 a.m.-5 p.m., 7                  5
                                    Rockland.                                 days.

City of Rockland.................  Rockland Public<PHONE_NUMBER>, VHF 9  9 a.m.-5 p.m., 7                  6
                                    Landing, Rockland.                        days.
Trident Yacht Basin..............  60 Ocean Street,<PHONE_NUMBER>, VHF 9  9 a.m.-5 p.m., 7                 23
                                    Rockland.                                 days.
----------------------------------------------------------------------------------------------------------------

    Dated: July 2, 2009.
Stephen S. Perkins,
Acting Regional Administrator, New England Region.
 [FR Doc. E9-16488 Filed 7-10-09; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 122 (Tuesday, June 29, 2021)]
[Proposed Rules]
[Pages 34189-34194]
[FR Doc No: 2021-05305]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 1036 and 1037

[EPA-HQ-OAR-2019-0307; FRL-10018-51-OAR]

Improvements for Heavy-Duty Engine and Vehicle Test Procedures

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed rulemaking.

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SUMMARY: This notice of proposed rulemaking includes corrections,
clarifications, additional flexibilities, and adjustment factors to
improve the Greenhouse gas Emissions Model (GEM) compliance tool for
heavy-duty vehicles while more closely matching the outputs produced by
the original GEM version 3.0 that was used to establish the
CO2 standards for Model Years 2021 and later in the 2016
Heavy-duty Phase 2 final rule. This document supplements the proposed
rule published on May 12, 2020, which included a larger set of proposed
revisions to modify and improve GEM. Most of the proposed revisions
from that notice of proposed rulemaking are addressed in a final
rulemaking published elsewhere in the Final Rules section of this issue
of the Federal Register. Given the nature of this proposal, there will
be neither

significant environmental impacts nor significant economic impacts for
any sector.

DATES:
    Comments: Comments must be received on or before August 30, 2021.
    Public Hearing: If anyone contacts us requesting a public hearing
on or before July 6, 2021, we will hold an online hearing at 10 a.m.
Eastern Standard Time on July 14, 2021.

ADDRESSES:
    Comments: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2019-0307, at http://www.regulations.gov. For detailed instructions
on sending comments and additional information on the rulemaking
process, see the ``Public Participation'' section of this document.
    Docket: EPA has established a docket for this action under Docket
ID No. EPA-HQ-OAR-2019-0307. Publicly available docket materials are
available either electronically at http://www.regulations.gov or in
hard copy at Air and Radiation Docket and Information Center, EPA
Docket Center, EPA/DC, EPA WJC West Building, 1301 Constitution Ave.
NW, Room 3334, Washington, DC. Out of an abundance of caution for
members of the public and our staff, the EPA Docket Center and Reading
Room was closed to public visitors on March 31, 2020, to reduce the
risk of transmitting COVID-19. Our Docket Center staff will continue to
provide remote customer service via email, phone, and webform. We
encourage the public to submit comments via https://www.regulations.gov
or email, as there is a temporary suspension of mail delivery to EPA,
and no hand deliveries are currently accepted. For further information
on EPA Docket Center services and the current status, please visit us
online at https://www.epa.gov/dockets.
    Public Hearing: Individuals are invited to notify EPA of interest
in a public hearing; see FOR FURTHER INFORMATION CONTACT.
    Public Participation: Comments: All submissions received must
include the Docket ID No. EPA-HQ-OAR-2019-0307 for this rulemaking.
Follow the online instructions for submitting comments. Once submitted,
comments received may be posted without change to https://www.regulations.gov/, including any personal information provided, and
cannot be edited or removed from Regulations.gov. The EPA may publish
any comment received to its public docket. Do not submit electronically
any information you consider to be Confidential Business Information
(CBI) or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    Out of an abundance of caution for members of the public and our
staff, the EPA Docket Center and Reading Room was closed to public
visitors on March 31, 2020, to reduce the risk of transmitting COVID-
19. Our Docket Center staff will continue to provide remote customer
service via email, phone, and webform. We encourage the public to
submit comments via https://www.regulations.gov or email, as there is a
temporary suspension of mail delivery to EPA, and no hand deliveries
are currently accepted. For further information on EPA Docket Center
services and the current status, please visit us online at https://www.epa.gov/.
    EPA continues to carefully and continuously monitor information
from the Centers for Disease Control and Prevention, local area health
departments, and our Federal partners so we can respond rapidly as
conditions change regarding COVID-19.
    Docket: All documents in the docket are listed on the
www.regulations.gov website. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form through the EPA Docket Center
at the location listed in the ADDRESSES section of this document.
    Public Hearing: If we hold a public hearing, we will announce
detailed information about the hearing on our website https://www.epa.gov/regulations-emissions-vehicles-and-engines/supplemental-rule-improvements-heavy-duty-engine-and. Send requests for a hearing
and questions about the status of a hearing to the contact identified
in FOR FURTHER INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: Amy Kopin, Office of Transportation
and Air Quality, Assessment and Standards Division, Environmental
Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI 48105;
telephone number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. General Information
II. Greenhouse Gas Emissions Model (GEM) Background
III. Proposed Updates to GEM
IV. Statutory Authority and Executive Order Reviews

I. General Information

Does this action apply to me?

    This action relates to companies that manufacture or sell new
heavy-duty engines and vehicles as defined under EPA's CAA
regulations.\1\ Regulated categories and entities include the
following:
---------------------------------------------------------------------------

    \1\ ``Heavy-duty engine'' and ``heavy-duty vehicle'' are defined
in 40 CFR 1037.801.

------------------------------------------------------------------------
                                                          Examples of
         NAICS codes \A\             NAICS titles         potentially
                                                      regulated entities
------------------------------------------------------------------------
333618, 336111, 336112, 336120,   Other Engine        Motor vehicle
 336211, 336999.                   Equipment           manufacturers and
                                   Manufacturing,      engine
                                   Automobile          manufacturers.
                                   Manufacturing,
                                   Light Truck and
                                   Utility Vehicle
                                   Manufacturing,
                                   Heavy Duty Truck
                                   Manufacturing,
                                   Motor Vehicle
                                   Body
                                   Manufacturing,
                                   All Other
                                   Transportation
                                   Equipment
                                   Manufacturing.
------------------------------------------------------------------------
\A\ North American Industry Classification System (NAICS).

    This list is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. If you have questions regarding the applicability of this
action to a particular entity, consult the person listed in the FOR
FURTHER INFORMATION CONTACT section.

What action is the Agency taking?

    This action proposes to amend the regulations that implement our
air pollutant emission standards for heavy-duty engines and vehicles.
The proposed amendments in this notice of proposed rulemaking include
corrections, clarifications, additional flexibilities, and adjustment
factors to the Greenhouse gas Emissions Model (GEM) compliance tool for
heavy-duty vehicles. These amendments would modify the existing test
procedure for heavy-duty highway engines and vehicles and apply to the
measurement of CO2 emissions. EPA published a proposed rule
on May 12, 2020 (85 FR 28153) (``Technical Amendments proposed rule'').
EPA is issuing a final rulemaking (``Technical Amendments final rule'')
relating to most revisions proposed in the Technical Amendments
proposed rule, published in the Final Rules section of this issue of
the Federal Register, titled ``Improvements for Heavy-Duty Engine and
Vehicle Test Procedures, and other technical amendments,'' docket
number EPA-HQ-OAR-2019-0307; FRL-10018-52-OAR.
    This action supplements the Technical Amendments proposed rule for
only certain specific aspects of revising GEM by proposing several
amendments to the model, after consideration of comments solicited and
received on the Technical Amendments proposed rule, including a
proposed revision to address concerns raised regarding potential
stringency impacts that may result from changes to GEM.

What are the incremental costs and benefits of this action?

    This action is limited in scope and does not have significant
economic or environmental impacts. EPA has therefore not estimated the
potential costs or benefits of this notice of proposed rulemaking.

II. Greenhouse Gas Emissions Model (GEM) Background

    GEM is a computer application that estimates the greenhouse gas
(GHG) emissions and fuel efficiency performance of specific aspects of
heavy-duty vehicles. GEM uses several vehicle-specific inputs, such as
engine fuel maps, aerodynamic drag coefficients, and vehicle weight
ratings, to simulate vehicle and engine operation and model the amount
of CO2 emitted over multiple duty cycles for tractors and
vocational vehicles. The resulting CO2 values over these
cycles are weighted by GEM to provide a composite GEM score. GEM
version 3.0 was used to set standards in the Greenhouse Gas Emissions
and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and
Vehicles-Phase 2 (``Phase 2'') rulemaking (81 FR 73478). For purposes
of determining compliance, composite GEM scores are compared to the
applicable Phase 2 vehicle standard.
    In the Technical Amendments proposed rule, we proposed several
amendments to GEM 3.0, including corrections, clarifications, and
additional flexibilities in a revised version of the model, GEM 3.5 (85
FR 28145). EPA also requested comment on whether any differences in GEM
output values resulting from changes to the model would impact the
effective stringency of the program and, if so, whether EPA should
revise the GEM model itself or address such impacts via regulations
(see 85 FR 28145).
    Comments received in response to the NRPM supported most of the
proposed updates to GEM and requested additional revisions to further
improve the model.\2\ The California Air Resources Board (CARB)
provided comment on this topic, stating the importance of GEM results
being consistent with the current program standards to avoid affecting
program stringency. CARB recommended that EPA revise GEM in order to
ensure stringency is maintained.\3\
---------------------------------------------------------------------------

    \2\ See ``Improvements for Heavy-Duty Engine and Vehicle Test
Procedures, and other Technical Amendments Response to Comments'',
Publication Number: EPA-420-R-20-026, December 2020. Chapter 2 of
the Response to Comments provides additional details on the
amendments, clarifications requested by commenters, and our
responses to most of the comments to the NPRM.
    \3\ California Air Resources Board, Docket number EPA-HQ-OAR-
2019-0207-0030.
---------------------------------------------------------------------------

    After considering the comments received, EPA applied further
potential changes to GEM 3.5 and released a new development version of
GEM, GEM 3.7, to the public for download and review by stakeholders to
evaluate and assess the performance of this revised model. GEM 3.7
incorporated some corrections and improvements relative to the proposed
version GEM 3.5, as noted in the corresponding memorandum in the
rulemaking docket.\4\
---------------------------------------------------------------------------

    \4\ Nelson, Brian. Memorandum to Docket EPA-HQ-OAR-2019-0307.
``Development version of GEM and adjustment factors''. October 23,
2020. Docket number EPA-HQ-OAR-2019-0307-0083. Also available
online: https://www3.epa.gov/otaq/gem-p2v3.7-release-memo-2020-10-23.pdf.
---------------------------------------------------------------------------

    While evaluating GEM 3.7, we found differences in the output values
for some tractor and vocational vehicles compared to the output values
from GEM 3.0 used to set the Phase 2 CO2 standards. To
understand the differences between GEM 3.0 and GEM 3.7, we recreated
the process used in 2016 to determine the numerical level of the Phase
2 standards. Without an adjustment to the resulting GEM output value,
these differences in GEM output values when compared to the Phase 2
final rule could be considered an effective change in stringency. In
light of GEM 3.7 output differences and considering CARB's comment, we
identified adjustment factors in that same docketed memo that could be
applied to the unrounded GEM 3.7 output to better ensure effective
stringency of the standards is maintained.\5\
---------------------------------------------------------------------------

    \5\ Id.
---------------------------------------------------------------------------

    The Truck and Engine Manufacturers Association (EMA) requested
additional time for its members to review the potential updates to the
model in GEM 3.7 and evaluate the impact of the adjustment factors made
available.\6\
---------------------------------------------------------------------------

    \6\ Charmley, Bill. Memorandum to Docket EPA-HQ-OAR-2019-0307.
``EPA discussions with the Truck and Engine Manufacturers
Association, and with the California Air Resources Board, regarding
Highway Heavy-Duty Technical Amendments.'' December 14, 2020. Docket
Number EPA-HQ-OAR-2019-0307-0092.
---------------------------------------------------------------------------

    As described in the Technical Amendments final rule, EPA released a
revised version of GEM (i.e., GEM 3.5.1) that corrected three errors in
GEM 3.5 and finalized provisions to specify GEM 3.5.1 without
adjustment factors as the compliance tool for meeting Phase 2
standards.\7\ GEM 3.5.1 includes the following updates to GEM 3.5:
---------------------------------------------------------------------------

    \7\ See the notice of final rulemaking for ``Improvements for
Heavy-Duty Engine and Vehicle Test Procedures, and other Technical
Amendments'' published in the Final Rule's section of today's
Federal Register, titled ``Improvements for Heavy-Duty Engine and
Vehicle Test Procedures,'' docket number EPA-HQ-OAR-2019-0307; FRL-
10018-52-OAR.
---------------------------------------------------------------------------

     Corrected duty cycle weighting factors for vocational
vehicles in the Heavy Heavy-Duty Multipurpose subcategory.
     Corrected an idle map error when the cycle average engine
fuel mapping procedure is used for all three drive cycles.
     Corrected a functional error that unnecessarily required
manufacturers to include transmission power loss data when using the
option to enter a unique (instead of default) k-factor for the torque
converter.

III. Proposed Updates to GEM

    In this notice of proposed rulemaking, as detailed further in this
section, we are proposing to revise GEM and to revise GEM's test
procedures to include adjustment factors after consideration of
comments solicited and received on the Technical Amendments proposed
rule. We request comment only on these specific revisions and are not
proposing changes to or seeking comment on any other amendments
included in the Technical Amendments proposed or final rule.
    We are releasing GEM version 3.8 for notice and comment.\8\ The
proposed GEM 3.8 allows additional compliance flexibilities and
improves the vehicle simulation by incorporating the following
improvements relative to GEM 3.5.1:
---------------------------------------------------------------------------

    \8\ Greenhouse gas Emissions Model (GEM) Phase 2, Version 3.8,
December 2020. A working version of this software is also available
for download at https://www.epa.gov/regulations-emissions-vehicles-and-engines/greenhouse-gas-emissions-model-gem-medium-and-heavy-duty.
---------------------------------------------------------------------------

     Changed limits on engine input to allow small negative
torque inputs.
     Corrected how GEM adjusts the idle fueling of the
transient cycle by using the same idle duration time both for
subtracting the idle fuel rate from the transient cycle average engine
fuel map and for adding back in the simulated idle fuel rate.
     Added an option for vocational vehicles to input a value
for neutral coasting in GEM and amend the related test procedure in 40
CFR 1037.520(j)(1).
     Corrected manual and automated manual transmissions to
perform clutched upshifts for Heavy HDV.
    We request comment on the revisions listed above.
    As noted in a memorandum to the docket, the resulting standards
generated using GEM 3.8 in place of GEM 3.0 were, on average, 0.58
percent lower for tractors and 0.20 percent higher for vocational
vehicles, with the greatest difference (an increase of 1.3 percent)
occuring in a few of the custom chassis standards.\9\ To ensure that
these changes to GEM do not change the effective stringency of the
Phase 2 CO2 standards, we propose a revision to the test
procedures in 40 CFR 1037.520(o) to include a table of adjustment
factors to be applied to the unrounded GEM 3.8 output to correct the
differences. We request comment on this proposed revision to 40 CFR
1037.520(o). EPA also requests comment on whether EPA should
incorporate the adjustment factors directly into the GEM model, if EPA
is able to develop a version of the GEM model which properly
incorporates the adjustment factors.
---------------------------------------------------------------------------

    \9\ Sanchez, James, Memorandum to Docket EPA-HQ-OAR-2019-0307.
Process of Using GEM to Set Vehicle Standards. December 4, 2020.
---------------------------------------------------------------------------

    We are proposing to incorporate by reference into the regulations
the revised version, GEM 3.8, for manufacturers to demonstrate
compliance with the Phase 2 standards, including obtaining a
certificate of conformity and submitting end-of-year reports. For MY
2021, we are proposing to allow use of GEM 3.5.1 under Sec.
1037.150(bb) as an interim provision, but to limit this optional use of
GEM 3.5.1 for demonstrating compliance with the Phase 2 standards,
including obtaining a certificate of conformity and submitting end-of-
year reports, to MY 2021 vehicles only. A manufacturer who opts to use
GEM 3.5.1 for MY 2021 is required to apply GEM 3.5.1 across its entire
MY 2021 U.S.-directed production volume. We also propose to allow MY
2021 data based on the use of GEM 3.5.1 to be used for carryover
requests for certificates of conformity for MY 2022 and future years
for qualifying vehicles under Sec.  1037.235(d); however, manufacturers
would still need to use GEM 3.8 for end-of-year reporting for MY 2022
and later. Under this proposal, GEM 3.8 would need to be used for all
other certificates of conformity for MY 2022 and later. Due to the
model improvements and flexibilities available in GEM 3.8 relative to
GEM 3.5.1, we request comment on the appropriateness of requiring that
GEM 3.8 be used for MY 2021 end-of-year reports even if MY 2021
certificates of conformity were obtained using GEM 3.5.1. Finally, we
are proposing that if an engine fuel map was run on an engine using a
cycle generated from GEM 3.5.1 for MY 2021 and the manufacturer of that
engine applies for carryover certification for MY 2022 or later, the
manufacturer would not need to rerun the engine fuel map. We request
comment on these requirements, allowable uses, and limitations proposed
for each of these revised GEM model versions, including the use of GEM
3.5.1 for MY 2021 and carryover applications.

IV. Statutory Authority and Executive Order Reviews

    Additional information about these statutes and Executive Orders
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

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

    This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.

B. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. In
making this determination, the impact of concern is any significant
adverse economic impact on small entities. An agency may certify that a
rule will not have a significant economic impact on a substantial
number of small entities if the rule relieves regulatory burden, has no
net burden or otherwise has a positive economic effect on the small
entities subject to the rule. This action is designed to reduce testing
burdens, increase compliance flexibility, and make various corrections
and adjustments to compliance provisions; as a result, we anticipate no
costs associated with this rule. We have therefore concluded that this
action will have no net regulatory burden for directly regulated small
entities.

C. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action imposes no enforceable duty on any
state, local or tribal governments. Requirements for the private sector
do not exceed $100 million in any one year.

D. Executive Order 13132: Federalism

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

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

    This action does not have tribal implications as specified in
Executive Order 13175. This rule will be implemented at the Federal
level and affects engine and vehicle manufacturers. Thus, Executive
Order 13175 does not apply to this action.

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

    This action is not subject to Executive Order 13045 because it is
not economically significant as defined in Executive Order 12866, and
because the EPA does not believe the environmental

health or safety risks addressed by this action present a
disproportionate risk to children. There are no environmental health or
safety risks created by this action that could present a
disproportionate risk to children.

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

    This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.

H. National Technology Transfer and Advancement Act (NTTAA) and 1 CFR
Part 51

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies. NTTAA directs agencies to provide
Congress, through OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards. This action
involves technical standards.
    Except for the reference discussed below, the standards included in
the regulatory text as incorporated by reference in 40 CFR part 1037
were all previously approved for IBR and no change is proposed in this
action.
    In accordance with the requirements of 1 CFR 51.5, we are proposing
to incorporate by reference a new version of the Greenhouse gas
Emissions Model (GEM), which we use for certifying heavy-duty highway
vehicles to the greenhouse gas emission standards in 40 CFR part 1037.
The model calculates emission rates for heavy-duty highway vehicles
based on input values defined by the manufacturer. The model is
available as noted in the amended regulations at 40 CFR 1037.810.

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

    The EPA believes this action does not have disproportionately high
and adverse human health or environmental effects on minority
populations, low-income populations or indigenous peoples, as specified
in Executive Order 12898 (59 FR 7629, February 16, 1994). Due to the
small environmental impact, this regulatory action will not have a
disproportionate adverse effect on minority populations, low-income
populations, or indigenous peoples.

List of Subjects

40 CFR Part 1036

    Administrative practice and procedure, Air pollution control,
Confidential business information, Environmental protection, Greenhouse
gases, Labeling, Motor vehicle pollution, Reporting and recordkeeping
requirements, Warranties.

40 CFR Part 1037

    Administrative practice and procedure, Air pollution control,
Confidential business information, Environmental protection,
Incorporation by reference, Labeling, Motor vehicle pollution,
Reporting and recordkeeping requirements, Warranties.

Jane Nishida,
Acting Administrator.

    For the reasons set out in the preamble, we propose to amend title
40, chapter I of the Code of Federal Regulations as set forth below.

PART 1036--CONTROL OF EMISSIONS FROM NEW AND IN-USE HEAVY-DUTY
HIGHWAY ENGINES

0
1. The authority citation for part 1036 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

0
2. Amend Sec.  1036.150 by adding paragraph (r) to read as follows:

Sec.  1036.150  Interim provisions.

* * * * *
    (r) Carryover fuel maps. You may use fuel maps from model year 2021
engines for certifying model year 2022 and later vehicles using
carryover provisions in Sec.  1036.235(d), even if the specified
version of the GEM simulation tool to generate duty cycles for fuel
mapping changes for those later model years.

PART 1037--CONTROL OF EMISSIONS FROM NEW HEAVY-DUTY MOTOR VEHICLES

0
3. The authority citation for part 1037 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

0
4. Amend Sec.  1037.150 by adding paragraph (bb) to read as follows:

Sec.  1037.150  Interim provisions.

* * * * *
    (bb) Transition to updated GEM. Vehicle manufacturers may
demonstrate compliance with Phase 2 GHG standards in model year 2021
vehicles using GEM Phase 2, Version 3.5.1 (incorporated by reference in
Sec.  1037.810). Each vehicle manufacturer must use a single version of
GEM for all its model year 2021 families. Vehicle manufacturers may use
GEM Phase 2, Version 3.5.1 for later model years only to certify
vehicle families from model year 2021 that qualify for using carryover
provisions in Sec.  1037.235(d).
0
5. Amend Sec.  1037.520 by revising the introductory text and paragraph
(j)(1) and adding paragraph (o) to read as follows:

Sec.  1037.520  Modeling CO2 emissions to show compliance for
vocational vehicles and tractors.

    This section describes how to use the Greenhouse gas Emissions
Model (GEM) (incorporated by reference in Sec.  1037.810) to show
compliance with the CO2 standards of Sec. Sec.  1037.105 and
1037.106 for vocational vehicles and tractors. Use GEM version 2.0.1 to
demonstrate compliance with Phase 1 standards; use GEM Phase 2, Version
3.8 to demonstrate compliance with Phase 2 standards. Use good
engineering judgment when demonstrating compliance using GEM. See Sec.
1037.515 for calculation procedures for demonstrating compliance with
trailer standards.
* * * * *
    (j) * * *
    (1) Intelligent controls. Enter 2 for tractors with predictive
cruise control. This includes any cruise control system that
incorporates satellite-based global-positioning data for controlling
operator demand. For tractors without predictive cruise control and for
all vocational vehicles, enter 1.5 if they have neutral coasting,
unless good engineering judgment indicates that a lower percentage
should apply.
* * * * *
    (o) Adjusting results for updated GEM. Adjust composite results
from GEM Phase 2, Version 3.8 using the following equation to account
for modeling changes relative to GEM Phase 2, Version 3.0:
[GRAPHIC] [TIFF OMITTED] TP29JN21.000

Where:

eCO2 = FEL CO2 Emissions from GEM.
AF = the adjustment factor from the following table:

       Table 10 of Sec.   1037.520--Adjustment Factors for Composite Results From GEM Phase 2, Version 3.8
----------------------------------------------------------------------------------------------------------------
                                                                           Adjustment factor
               Regulatory subcategory                -----------------------------------------------------------
                                                         MY 2022-2023        MY 2024-2026      MY 2027-and-later
----------------------------------------------------------------------------------------------------------------
Class 7 Day Cab Low Roof............................             -0.0104             -0.0090             -0.0094
Class 7 Day Cab Mid Roof............................             -0.0106             -0.0084             -0.0097
Class 7 Day Cab High Roof...........................             -0.0088             -0.0084             -0.0090
Class 8 Day Cab Low Roof............................             -0.0062             -0.0079             -0.0068
Class 8 Sleeper Cab Low Roof........................             -0.0014             -0.0015             -0.0016
Class 8 Day Cab Mid Roof............................             -0.0059             -0.0062             -0.0064
Class 8 Sleeper Cab Mid Roof........................             -0.0013              0.0000              0.0000
Class 8 Day Cab High Roof...........................             -0.0058             -0.0062             -0.0066
Class 8 Sleeper Cab High Roof.......................             -0.0013             -0.0014             -0.0016
Class 8 Heavy Haul..................................             -0.0076             -0.0080             -0.0062
Multi-Purpose Light HDV Compression-ignition........              0.0000             -0.0029              0.0000
Regional Light HDV Compression-ignition.............              0.0000              0.0000              0.0000
Urban Light HDV Compression-ignition................              0.0000              0.0000              0.0000
Multi-Purpose Medium HDV Compression-ignition.......             -0.0038              0.0000              0.0000
Regional Medium HDV Compression-ignition............              0.0000              0.0000              0.0000
Urban Medium HDV Compression-ignition...............             -0.0034             -0.0037              0.0000
Multi-Purpose Heavy HDV Compression-ignition........              0.0038              0.0041              0.0043
Regional Heavy HDV Compression-ignition.............              0.0000              0.0000              0.0000
Urban Heavy HDV Compression-ignition................              0.0065              0.0071              0.0037
Multi-Purpose Light HDV Spark-ignition..............              0.0000              0.0000             -0.0027
Regional Light HDV Spark-ignition...................              0.0000              0.0000              0.0000
Urban Light HDV Spark-ignition......................              0.0000              0.0000              0.0000
Multi-Purpose Medium HDV Spark-ignition.............              0.0000              0.0000              0.0000
Regional Medium HDV Spark-ignition..................              0.0000              0.0000              0.0040
Urban Medium HDV Spark-ignition.....................              0.0030              0.0032              0.0034
School bus..........................................             -0.0034             -0.0034              0.0000
Motor home..........................................              0.0000              0.0000              0.0000
Coach bus...........................................              0.0000              0.0000              0.0049
Other bus...........................................              0.0067              0.0067              0.0000
Refuse hauler.......................................              0.0096              0.0096              0.0034
Concrete mixer......................................              0.0125              0.0125              0.0127
Mixed-use vehicle...................................              0.0125              0.0125              0.0127
Emergency vehicle...................................              0.0123              0.0123              0.0125
----------------------------------------------------------------------------------------------------------------

0
6. Amend Sec.  1037.810 by revising paragraph (c) to read as follows:

Sec.  1037.810  Incorporation by reference.

* * * * *
    (c) U.S. EPA, Office of Air and Radiation, 2565 Plymouth Road, Ann
Arbor, MI 48105, www.epa.gov.
    (1)(i) Greenhouse gas Emissions Model (GEM), Version 2.0.1,
September 2012 (``GEM version 2.0.1''), IBR approved for Sec.
1037.520.
    (ii) Greenhouse gas Emissions Model (GEM) Phase 2, Version 3.5.1,
November 2020 (``GEM Phase 2, Version 3.5.1''); IBR approved for Sec.
1037.150(bb).
    (iii) Greenhouse gas Emissions Model (GEM) Phase 2, Version 3.8,
November 2020 (``GEM Phase 2, Version 3.8''); IBR approved for Sec.
1037.520.
    (iv) GEM's MATLAB/Simulink Hardware-in-Loop model, Version 3.8,
December 2020 (``GEM HIL model''); IBR approved for Sec.  1037.550(a).
    (2) The computer code for these models is available as noted in
paragraph (a) of this section. A working version of the software is
also available for download at https://www.epa.gov/regulations-emissions-vehicles-and-engines/greenhouse-gas-emissions-model-gem-medium-and-heavy-duty.
* * * * *
[FR Doc. 2021-05305 Filed 6-28-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 133 (Wednesday, July 11, 2018)]
[Notices]
[Pages 32105-32106]
[FR Doc No: 2018-14776]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project Nos. 1250-020, 14836-000]

City of Pasadena, California; Notice of Applications Accepted for
Filing, Soliciting Motions To Intervene and Protests, Ready for
Environmental Analysis, and Soliciting Comments, Recommendations, and
Terms and Conditions

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Applications: Surrender of License and application for
(conduit) Exemption from Licensing.
    b. Project Nos.: 1250-020, 14836-000.
    c. Date Filed: December 29, 2016.
    d. Applicant: City of Pasadena, California.
    e. Name of Project: Azusa Project.
    f. Location: The project is located on the Azusa Conduit in Los
Angeles County, California. The licensed project occupies U.S. lands
administered by the U.S. Forest Service.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791 (a)-825(r).

    h. Applicant Contact: Arturo Silva, Interim Assistant General
Manager--Power Supply, City of Pasadena Water and Power Development, 85
East State Street, Pasadena, California 91101-3418, telephone: (626)
744-4568.
    i. FERC Contact: Robert Bell, telephone<PHONE_NUMBER> or email:
[email protected].
    j. Deadline for filing comments, motions to intervene, and
protests: 60 days from the issuance date of this notice by the
Commission; reply comments are due 105 days from the issuance date of
this notice by the Commission. The Commission strongly encourages
electronic filing. Please file any motion to intervene, protest,
comments, and/or recommendations using the Commission's eFiling system
at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit
brief comments up to 6,000 characters, without prior registration,
using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information at the
end of your comments. For assistance, please contact FERC Online
Support at [email protected],<PHONE_NUMBER> (toll free), or
(202) 502-8659 (TTY). In lieu of electronic filing, please send a paper
copy to: Secretary, Federal Energy Regulatory Commission, 888 First
Street NE, Washington, DC 20426. The first page of any filing should
include docket numbers P-1250-020, and P-14836-000.
    k. Description of request: In the application filed on December 29,
2016, the City of Pasadena requests that the Commission issue an order
granting the Azusa Project an exemption from the licensing requirements
of Part I of the Federal Power Act. The City of Pasadena also requests
administrative surrender of its license for the Azusa Project
facilities excluded under FERC's definition of a small conduit
hydroelectric facility.
    a. Licensed Facilities: The applicant requests a conduit exemption
for the Azusa Hydroelectric Project No. 1250. The applicant proposes to
remove the following project facilities from the Commission's
jurisdiction: (1) The forebay; (2) the 24.4-kV generator leads, a 2.3/
12-kV transformer, and a short transmission line; (3) an afterbay. The
aforementioned facilities would remain operational as part of the water
supply facilities operated by the San Gabriel River Water Committee.
    b. Conduit Exemption: The applicant proposes a conduit exemption
for the Azusa Project No. 14836. The proposed project would be located
on its water supply system and would consist of: (1) An existing 797-
foot-long, 38-inch diameter welded steel penstock; (2) an existing
powerhouse containing one generating unit having an installed capacity
of 3 megawatts; (3) an existing 148-foot-long, 136-inch-wide
underground tailrace; and (4) appurtenant facilities. The City of
Pasadena, estimates the project would have an average annual generation
of 2,890 megawatt-hours that would be sold to a local utility.
    l. Locations of the Application: This filing may be viewed on the
Commission's website at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number P-1250, or P-14836 in the docket number field
to access the documents. You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of
new filings and issuances related to this or other pending projects.
For assistance, call 1-866-208-3676 or email
[email protected], for TTY, call<PHONE_NUMBER>. A copy is
also available for inspection and reproduction at the address in item
(h) above and at the Commission's Public Reference Room, located at 888
First Street NE, Room 2A, Washington, DC 20426, or by calling (202)
502-8371.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    o. Filing and Service of Responsive Documents: Any filing must (1)
bear in all capital letters the title ``COMMENTS'', ``PROTEST'', or
``MOTION TO INTERVENE'' as applicable; (2) set forth in the heading the
name of the applicant and the project number of the application to
which the filing responds; (3) furnish the name, address, and telephone
number of the person protesting or intervening; and (4) otherwise
comply with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis and otherwise comply with the requirements of 18 CFR
4.34(b). All comments, motions to intervene, or protests should relate
to project works which are the subject of the license amendment.
Agencies may obtain copies of the application directly from the
applicant. A copy of any protest or motion to intervene must be served
upon each representative of the applicant specified in the particular
application. If an intervener files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency. A copy of all other
filings in reference to this application must be accompanied by proof
of service on all persons listed in the service list prepared by the
Commission in this proceeding, in accordance with 18 CFR 4.34(b) and
385.2010.

    Dated: July 2, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-14776 Filed 7-10-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 9 (Tuesday, January 14, 2014)]
[Notices]
[Pages 2496-2498]
[FR Doc No: 2014-00508]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-71259; File No. SR-Topaz-2014-01]

Self-Regulatory Organizations; Topaz Exchange, LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend the
Schedule of Fees

January 8, 2014.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on January 2, 2014, the Topaz Exchange, LLC (d/b/a ISE Gemini)
(the ``Exchange'' or ``Topaz'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I, II and III below, which Items have been prepared by the self-
regulatory organization. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    Topaz is proposing to amend its Schedule of Fees to amend and
clarify its API session fees for Electronic Access Members. The text of
the proposed rule change is available on the

Exchange's Internet Web site at http://www.ise.com, at the principal
office of the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The purpose of the proposed rule change is to amend the Schedule of
Fees to amend and clarify the Exchange's API session fees for
Electronic Access Members (``EAMs'').\3\ On December 16, 2013 the
Exchange filed an immediately effective rule change that established
various non-transaction fees, including fees for Market Makers and EAMs
that connect to Topaz via an Application Programming Interface
(``API'') or Financial Information eXchange (``FIX'') session.\4\ In
that filing the Exchange established a framework for EAMs to connect to
both Topaz and the International Securities Exchange, LLC (``ISE'')
through a single FIX session for a single fee.\5\ While the Exchange
also established fees for EAM and Market Maker API sessions, the
Exchange did not propose to allow Members that connect to the Exchange
via API to be able to also connect to the ISE through the same
connectivity offering. For EAM API sessions only, the Exchange is now
proposing a similar framework to the framework adopted for FIX
sessions. In particular, the Exchange now proposes to allow EAMs to
connect to both Topaz and the ISE through a single API session. For
EAMs that are also members of the ISE and wish to connect to both
exchanges, the Exchange will charge a monthly fee of $250 per session
for the first five sessions and $100 per session for the sixth and
additional sessions. This is consistent with the tiered pricing and
level of fees on the ISE.\6\ Similar to the current pricing for FIX
sessions, the Exchange is proposing to charge a higher fee for the
first five sessions for EAMs that connect to both Topaz and the ISE as
these Members will be allowed to access both exchanges through a single
API session. As previously proposed, EAMS [sic] that choose to connect
only to Topaz via API will be continue to be charged a monthly API
session fee of $100 per session, which is equal to the incremental fee
for the sixth and additional sessions for EAMs that connect to both
Topaz and the ISE. The Exchange is not proposing to alter how it
charges for Market Maker API sessions as Topaz has opted for a simpler
framework for Market Maker API fees than is currently in place on the
ISE.\7\
---------------------------------------------------------------------------

    \3\ The Exchange uses an open API which Members program to in
order to develop applications that send trading commands and/or
queries to, and receive broadcasts and/or transactions from, the
trading system. The EAM API receives orders from Members, tracks
activity in the underlying markets, when applicable, executes trades
in the matching engine, and broadcasts trade details to the
participating Members. Each login allows the user to enter orders
and perform other miscellaneous functions.
    \4\ See Exchange Act Release No. 71149 (December 19, 2013), 78
FR 78447 (December 26, 2013) (Topaz-2013-16).
    \5\ The Exchange notes that Market Makers, i.e., PMMs and CMMs,
must connect to the Exchange via API as the FIX connection does not
supporting quoting. Both Market Makers and EAMs have the option to
connect to the Exchange via API.
    \6\ See ISE Schedule of Fees, Section VII, Trading Application
Software, FIX Session/API Session Fees.
    \7\ For example, the ISE charges different fees depending on the
functionality used by a Market Maker, such as quoting, order entry,
or ``listening'' to system broadcasts, and provides for limits on
the numbers of quotes per day that may be submitted without
incurring an additional session fee.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\8\ in general, and furthers the objectives of Section
6(b)(4) of the Act,\9\ in particular, in that it provides for an
equitable allocation of reasonable fees and other charges among
Exchange Members and other persons using its facilities. The Exchange
believes that the proposed modifications to its EAM API session fees
are reasonable as they will result in lower overall fees being charged
to Topaz members that are also members of the ISE. The Exchange
believes that the proposed API session fees are equitable in that they
apply equally to all EAMs that wish to connect to both Topaz and the
ISE via API. The Exchange notes that, while EAMs that connect to both
exchanges will be charged a higher rate than Members that only connect
to Topaz, this rate is lower than the combined rate that would be
applicable if EAMs were forced to pay separate fees to connect to each
market. Moreover, the Exchange believes that it is fair and equitable
to charge a higher fee to EAMs that wish to connect to both Topaz and
the ISE as such Members will benefit from access to both exchanges.
Furthermore, the Exchange does not believe that it is unfairly
discriminatory to allow EAMs to connect to both Topaz and the ISE
through a single API session while not affording the same treatment to
Market Makers. The Exchange notes that its Market Maker API fees are
structured to be simpler, and lower than, the corresponding fees of the
ISE.\10\ The Exchange believes that its rates for Market Maker API
sessions are favorable to Topaz Market Makers as currently structured.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(4).
    \10\ On the ISE, fees for Market Maker API sessions range from
$175 per month for listening only, to $750 per month for order entry
and listening, and $1,000 per month for quoting, order entry and
listening. Market Makers are also charged for an additional session
if they submit more than 1,500,000 quotes per day. See ISE Schedule
of Fees, VII. Trading Application Software, C. FIX Session/API
Session Fees.
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    In accordance with Section 6(b)(8) of the Act,\11\ the Exchange
does not believe that the proposed rule change will impose any burden
on intramarket or intermarket competition that is not necessary or
appropriate in furtherance of the purposes of the Act. To the contrary,
the Exchange believes that the proposed rule change is pro-competitive
as it effectively reduces the fees for EAMs that connect to both Topaz
and the ISE via API. The Exchange operates in a highly competitive
market in which market participants can readily direct their order flow
to competing venues. In such an environment, the Exchange must
continually review, and consider adjusting, its fees to remain
competitive with other exchanges. For the reasons described above, the
Exchange believes that the proposed fee changes reflect this
competitive environment.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act,\12\ and subparagraph (f)(2) of Rule 19b-4
thereunder,\13\ because it establishes a due, fee, or other charge
imposed by Topaz.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \13\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File No. SR-Topaz-2014-01 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.

All submissions should refer to File No. SR-Topaz-2014-01. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method.
    The Commission will post all comments on the Commission's Internet
Web site (http://www.sec.gov/rules/sro.shtml). Copies of the
submission, all subsequent amendments, all written statements with
respect to the proposed rule change that are filed with the Commission,
and all written communications relating to the proposed rule change
between the Commission and any person, other than those that may be
withheld from the public in accordance with the provisions of 5 U.S.C.
552, will be available for Web site viewing and printing in the
Commission's Public Reference Room, 100 F Street NE., Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of such filing also will be available for inspection
and copying at the principal offices of the Exchange. All comments
received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File No. SR-Topaz-2014-01, and should be
submitted on or before February 4, 2014.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-00508 Filed 1-13-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 117 (Friday, June 17, 2016)]
[Notices]
[Pages 39750-39751]
[FR Doc No: 2016-14361]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket No. DOT-OST-2012-0028]

Application To Reinstate Information Collection Request OMB No.
2105-0566

AGENCY: Office of the Secretary (OST), Department of Transportation
(Department).

ACTION: Notice and request for comments.

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

SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.), this notice announces that the request for
reinstatement of an OMB Control Number for the Information Collection
Request (ICR) abstracted below is being forwarded to the Office of
Management and Budget (OMB) for review and comments. A Federal Register
Notice with a 60-day comment period soliciting comments on the
following information collection was published on June 2, 2015 (80 FR
31455).

DATES: Comments on this notice must be received by July 18, 2016.

ADDRESSES: Send comments regarding the burden estimate, including
suggestions for reducing the burden, to the Office of Management and
Budget, Attention: Desk Officer for the Office of the Secretary of
Transportation, 725 17th Street NW., Washington, DC 20503. Comments may
also be sent via email to OMB at the following address:
<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Kimberly Graber or Daeleen Chesley,
Office of the General Counsel, Office of the Secretary, U.S. Department
of Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590,
202-366-9342 (Voice), or at<EMAIL_ADDRESS>or
<EMAIL_ADDRESS>(Email). Arrangements to receive this document
in an alternative format may be made by contacting the above-named
individuals.

SUPPLEMENTARY INFORMATION:
    Title: Submission of U.S. Carrier and Airport Tarmac Delay
Emergency Contingency Plans Pursuant to FAA Modernization and Reform
Act.
    OMB Control Number: 2105-0566.
    Type of Request: Request to reinstate OMB control number 2105-0566.
    Abstract: The FAA Modernization and Reform Act, which was signed
into law on February 14, 2012, required U.S. carriers that operate
scheduled passenger service or public charter service using any
aircraft with a design capacity of 30 or more seats, and operators of
large hub, medium hub, small hub, or non-hub U.S. airports, to submit
emergency contingency plans for lengthy tarmac delays to the Secretary
of Transportation for review and approval no later than May 14, 2012.
The Act also required each covered carrier and airport to ensure public
access to its plan after DOT approval by posting the plan on its Web
site.
    On May 2, 2012, OMB approved information collection of the reports
on an emergency basis due to the short timeframe imposed by the Act.
The Department created an online system allowing covered U.S. air
carriers and U.S. airports to submit plans online and issued a notice
in the Federal Register stating how these entities should submit the
required plans to the Department through the online system (77 FR
27267, May 9, 2012). Pursuant to the requirements of the Act, the
Department reviewed and approved emergency contingency plans submitted
by over 450 covered air carriers and airports.
    In addition to requiring the initial submission of emergency
contingency plans, the Act requires U.S. air carriers to submit an
updated plan every 3 years

and U.S. airport operators to submit an updated plan every 5 years and
to ensure public access to those plans after DOT approval. The
emergency approval terminated on November 30, 2012.
    The Paperwork Reduction Act of 1995 (PRA) and its implementing
regulations, 5 CFR part 1320, require Federal agencies to issue two
notices seeking public comment on information collection activities
before OMB may approve paperwork packages. 44 U.S.C. 3506, 3507; 5 CFR
1320.5, 1320.8(d)(1), 1320.12. On June 2, 2015, OST published a 60-day
notice in the Federal Register soliciting comment on ICRs for which the
agency was seeking OMB approval. See 80 FR 105 at 31455. OST received
no comments after issuing this notice. Accordingly, the Department
announces that these information collection activities have been re-
evaluated and certified under 5 CFR 1320.5(a) and forwarded to OMB for
review and approval pursuant to 5 CFR 1320.12(c).
    Before OMB decides whether to approve these proposed collections of
information, it must provide 30 days for public comment. 44 U.S.C.
3507(b); 5 CFR 1320.12(d). Federal law requires OMB to approve or
disapprove paperwork packages between 30 and 60 days after the 30-day
notice is published. 44 U.S.C. 3507(b)-(c); 5 CFR 1320.12(d); see also
60 FR 44978, 44983 (Aug. 29, 1995). The 30-day notice informs the
regulated community to file relevant comments to OMB and affords the
agency adequate time to digest public comments before it renders a
decision. 60 FR 44983 (Aug. 29, 1995). Therefore, respondents should
submit their respective comments to OMB within 30 days of publication
to best ensure their full consideration. 5 CFR 1320.12(c); see also 60
FR 44983 (Aug. 29, 1995).
    For each of these information collections, the title, a description
of the respondents, and an estimate of the annual recordkeeping and
periodic reporting burden are set forth below:
    1. Requirement to submit tarmac delay plan to DOT for review and
approval.
    Respondents: Each large, medium, small and non-hub airport in the
U.S.; U.S. carriers that operate scheduled passenger service or public
charter service using any aircraft with a design capacity of 30 or more
seats.
    Estimated Number of Respondents: 420 U.S. airports and 65 U.S.
airlines.
    Frequency: Every 5 years for covered U.S. airports; every 3 years
for covered U.S. airlines.
    Estimated Total Burden on Respondents: For U.S. airports--247.5
hours (25 ``new'' airports x 2 hours = 50 hours) + (395 existing
airports x .5 hours = 197.5 hours). For U.S. airlines--40 hours (60
existing airlines x .5 hours = 30 hours) + (5 new airlines x 2 hours =
10 hours).
    2. Requirement to post tarmac delay plan on Web sites.
    Respondents: Each large, medium, small and non-hub airport in the
U.S.; U.S. carriers that operate scheduled passenger service or public
charter service operating to or from the United States, using any
aircraft with a design capacity of 30 or more seats.
    Estimated Number of Respondents: 420 U.S. airports and 65 U.S.
airlines.
    Estimated Total Frequency: Every 5 years for covered U.S. airports;
every 3 years for covered U.S. airlines (if not already posted or if
there are updates).
    Burden on Respondents: 121.25 hours (420 airports x .25 hours = 105
hours) + (65 airlines x .25 hours = 16.25 hours).
    Public Comments are invited on: Whether the proposed collection of
information is necessary for the proper performance of the functions of
the Department, including whether the information will have practical
utility; the accuracy of the Department's estimate of the burden of the
proposed information collection; ways to enhance the quality, utility
and clarity of the information to be collected; and ways to minimize
the burden of the collection of information on respondents without
reducing the quality of the collection of information, including the
use of automated collection techniques or other forms of information
technology. All comments will also become a matter of public record.

    Authority:  The Paperwork Reduction Act of 1995; 44 U.S.C.
Chapter 35, as amended; and 49 CFR 1:48.

    Issued in Washington, DC, on June 10, 2016.
Claire W. Barrett,
DOT Chief Privacy & Information Governance Officer, Office of the
Secretary.
[FR Doc. 2016-14361 Filed 6-16-16; 8:45 am]
 BILLING CODE 4910-9X-P


[Federal Register Volume 76, Number 150 (Thursday, August 4, 2011)]
[Rules and Regulations]
[Pages 47061-47062]
[FR Doc No: 2011-19166]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2011-0005; Airspace Docket No. 10-ASO-42]

Amendment of Class E Airspace; Lakeland, FL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Class E airspace at Lakeland, FL. The Plant
City Non-Directional Beacon (NDB) has been decommissioned and new
Standard Instrument Approach Procedures have been developed for
Lakeland Linder Regional Airport. This action also updates the
geographic coordinates of the airport, as well as Plant City Municipal
Airport and Winter Haven's Gilbert Airport. This action enhances the
safety and airspace management of Instrument Flight Rules (IFR)
operations at the airport.

DATES: Effective 0901 UTC, October 20, 2011. The Director of the
Federal Register approves this incorporation by reference action under
title 1, Code of Federal Regulations, part 51, subject to the annual
revision of FAA Order 7400.9 and publication of conforming amendments

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, P.O.
Box 20636, Atlanta, Georgia 30320; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    On May 24, 2011, the FAA published in the Federal Register a notice
of proposed rulemaking (NPRM) to amend Class E airspace at Lakeland
Linder Regional Airport, Lakeland, FL (75 FR 30047) Docket No. FAA-
2011-0005. Interested parties were invited to participate in this
rulemaking effort by submitting written comments on the proposal to the
FAA. No comments were received. Subsequent to publication, the FAA
found that the geographic coordinates of Lake Linder Regional Airport,
Plant City Municipal Airport, and Winter Haven's Gilbert Airport needed
to be adjusted. This action makes these updates. Except for editorial
changes, and the changes noted above, this rule is the same as
published in the NPRM.
    Class E airspace designations are published in Paragraph 6005 of
FAA

Order 7400.9U dated August 18, 2010, and effective September 15, 2010,
which is incorporated by reference in 14 CFR 71.1. The Class E airspace
designations listed in this document will be published subsequently in
the Order.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR)
part 71 amends Class E surface airspace to support new standard
instrument approach procedures developed at Lakeland Linder Regional
Airport, Lakeland, FL. Airspace reconfiguration is necessary due to the
decommissioning of the Plant City NDB and cancellation of the NDB
approach, and for continued safety and management of IFR operations at
the airport. This action also updates the geographic coordinates of
Lake Linder Regional, Plant City Municipal, and Winter Haven's Gilbert
Airports to coincide with the FAA's aeronautical database.
    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, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore, (1) Is not a ``significant regulatory action''
under Executive 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. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority.
    This rulemaking is promulgated under the authority described in
subtitle VII, part A, subpart I, section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends Class E airspace at Lakeland, FL.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(g); 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation
Administration Order 7400.9U, Airspace Designations and Reporting
Points, dated August 18, 2010, effective September 15, 2010, is amended
as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

ASO FL E5 Lakeland, FL [Amended]

Lakeland Linder Regional Airport, FL
    (Lat. 27[deg]59'20'' N., long. 82[deg]01'07'' W.)
Bartow Municipal Airport
    (Lat. 27[deg]56'36'' N., long. 81[deg]47'00'' W.)
Plant City Municipal Airport
    (Lat. 28[deg]00'01'' N., long. 82[deg]09'48'' W.
Winter Haven's Gilbert Airport
    (Lat. 28[deg]03'47'' N., long. 81[deg]45'12'' W.)
Lakeland VORTAC
    (Lat. 27[deg]59'10'' N., long. 82[deg]00'50'' W.)

    That airspace extending upward from 700 feet above the surface
within a 7-mile radius of Lakeland Linder Regional Airport, and
within a 6.7-mile radius of Bartow Municipal Airport, and within a
6.6-mile radius of Plant City Municipal Airport, and within 3.5
miles each side of the 266[deg] bearing from the Plant City Airport
extending from the 6.6-mile radius to 7.5 miles west of the airport,
and within a 6.5-mile radius of Winter Haven's Gilbert Airport, and
within 2.5 miles each side of the Lakeland VORTAC 071[deg] radial,
extending from the 7-mile radius to Winter Haven's Gilbert Airport
6.5-mile radius.

    Issued in College Park, Georgia, on July 19, 2011.
Mark D. Ward,
Manager, Operations Support Group, Eastern Service Center, Air Traffic
Organization.
[FR Doc. 2011-19166 Filed 8-3-11; 8:45 am]
BILLING CODE 4910-13-P