[Federal Register Volume 81, Number 167 (Monday, August 29, 2016)]
[Notices]
[Pages 59257-59259]
[FR Doc No: 2016-20577]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78654; File No. SR-NASDAQ-2016-117]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Relating to the Elkhorn Commodity Rotation Strategy ETF of the Elkhorn
ETF Trust

August 23, 2016.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on August 11, 2016, The NASDAQ Stock Market LLC (``Nasdaq'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I and II below, which Items have been prepared by Nasdaq. 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.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Nasdaq proposes a rule change relating to the Elkhorn Commodity
Rotation Strategy ETF (formerly, the Elkhorn Dorsey Wright Commodity
Rotation Portfolio) (the ``Fund'') of Elkhorn ETF Trust (the
``Trust''), the shares of which have been approved by the Commission
for listing and trading under Nasdaq Rule 5735 (``Managed Fund
Shares''). The proposed rule change reflects (i) a change to the name
of the Fund, and (ii) a change to the name and ownership of the
benchmark index applicable to the Fund. The shares of the Fund are
collectively referred to herein as the ``Shares.''
    The text of the proposed rule change is available at http://nasdaq.cchwallstreet.com/, at Nasdaq's principal office, 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, Nasdaq 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. Nasdaq 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
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Commission previously approved the listing and trading of the
Shares under Nasdaq Rule 5735, which governs the listing and trading of
Managed Fund Shares on the Exchange.\3\ However, no Shares are
currently listed and traded on the Exchange. The Exchange believes the
proposed rule change reflects no significant issues not previously
addressed in the Prior Release.
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    \3\ The Commission approved Nasdaq Rule 5735 (formerly Nasdaq
Rule 4420(o)) in Securities Exchange Act Release No. 57962 (June 13,
2008), 73 FR 35175 (June 20, 2008) (SR-NASDAQ-2008-039). The
Commission previously approved the listing and trading of the Shares
of the Fund. See Securities Exchange Act Release No. 77688 (April
22, 2016), 81 FR 25467 (April 28, 2016) (SR-NASDAQ-2016-030)
(``Prior Order''). See also Securities Exchange Act Release No.
77338 (March 10, 2016), 81 FR 14142 (March 16, 2016) (SR-NASDAQ-
2016-030) (``Prior Notice,'' and together with the Prior Order, the
``Prior Release'').
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    The Fund is an actively managed exchange-traded fund (``ETF''). The
Shares will be offered by the Trust, which was organized as a
Massachusetts business trust on December 12, 2013. The Trust, which is
registered with the Commission as an investment company, has filed a
registration statement on Form N-1A (``Registration Statement'')
relating to the Fund with the Commission.\4\
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    \4\ See Registration Statement on Form N-1A for the Trust, dated
February 18, 2016 (File Nos. 333-201473 and 811-22926) (the
``Registration Statement''). The descriptions of the Shares and the
Fund contained herein are based, in part, on information in the
Registration Statement. Before Shares are publicly offered, the
Trust will file a post-effective amendment to its Registration
Statement that reflects the changes in this proposed rule change.
The descriptions of the operation of the Trust and the Fund will be
reflected in any such filing. The changes in this proposed rule
change will not be implemented for the Fund until the post-effective
amendment to the Registration Statement becomes effective. The
Adviser represents that the Adviser will not implement the changes
described herein until the instant proposed rule change is
operative.

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    As indicated in the Prior Release, Elkhorn Investments, LLC will be
the investment adviser (the ``Adviser'') to the Fund and will monitor
the Fund's investment portfolio. It is currently anticipated that day-
to-day portfolio management for the Fund will be provided by the
Adviser. However, the Fund and the Adviser may contract with an
investment sub-adviser (a ``Sub-Adviser'') to provide day-to-day
portfolio management for the Fund. ALPS Distributors, Inc. will be the
principal underwriter and distributor of the Fund's Shares. The Fund
will contract with unaffiliated third parties to provide
administrative, custodial and transfer agency services to the Fund.
    The Prior Release identified the name of the Fund as the Elkhorn
Dorsey Wright Commodity Rotation Portfolio. Subsequent to the
Commission's approval of the listing and trading of the Shares, the
Fund determined to change its name to the Elkhorn Commodity Rotation
Strategy ETF following the request from the SEC's Division of
Investment Management to remove the reference to ``Dorsey Wright'' from
the Fund's name. In this proposed rule change, the Exchange proposes to
reflect the change to the name of the Fund.
    The Prior Release provided that the Fund's investment objective
would be to provide total return which exceeds that of the ``DWA
Commodity Rotation Index'' (the ``Original Benchmark''). The Prior
Release indicated that the Original Benchmark was developed, maintained
and sponsored by Dorsey, Wright & Associates, LLC (``Dorsey Wright'').
In this proposed rule change, the Exchange proposes to reflect a change
to the name and ownership of the benchmark index applicable to the
Fund. The new benchmark will be called the ``Elkhorn Dorsey Wright
Commodity Rotation Index'' (``New Benchmark''). Accordingly, the Fund's
investment objective will be to provide total return which exceeds that
of the New Benchmark and, except as provided herein, the term
``Benchmark,'' as set forth in the Prior Release, will generally be
deemed to refer to the New Benchmark.
    The New Benchmark is a proprietary index that will be owned by the
Adviser. Consistent with the Prior Release, the New Benchmark (like the
Original Benchmark) will track a proprietary model of futures contracts
on commodities (the ``Benchmark Model'') that is developed, maintained
and sponsored by Dorsey Wright. The Benchmark Model will be licensed to
the Adviser.
    In connection with the Benchmark Model, Dorsey Wright applies a
relative strength methodology to rank twenty-five to thirty single
commodity futures, each represented by single commodity futures index
with an embedded dynamic roll strategy, and selects a subset of
commodity futures that demonstrate relative strength characteristics.
The methodology takes into account, among other characteristics, the
performance of a commodity as compared to the broad commodity market,
the relative performance of each single commodity versus all of the
other commodities, and the liquidity of the underlying commodities.
    The Fund will not be sponsored, endorsed, sold or promoted by
Dorsey Wright. Dorsey Wright's only relationship to the Fund will be
the licensing of certain service marks and service names of Dorsey
Wright and the licensing of the Benchmark Model to the Adviser. Dorsey
Wright will have no obligation to take the needs of the Adviser, any
Sub-Adviser or the Fund into consideration in connection with the
Benchmark Model or its application of the related methodology.
    Except for the changes noted above, all of the representations made
in the Prior Release remain unchanged.
2. Statutory Basis
    The Exchange believes that the proposal is consistent with Section
6(b) of the Act \5\ in general and Section 6(b)(5) of the Act \6\ in
particular in that it is designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to remove impediments to and perfect the mechanism
of a free and open market and, in general, to protect investors and the
public interest.
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    \5\ 15 U.S.C. 78f.
    \6\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that the proposed rule change is designed to
prevent fraudulent and manipulative acts and practices in that the
Shares would be listed and traded on the Exchange pursuant to the
initial and continued listing criteria in Nasdaq Rule 5735. The
Exchange notes that Shares have not yet been listed on the Exchange.
Consistent with the Prior Release, the Exchange represents that trading
in the Shares would be subject to the existing trading surveillances,
administered by both Nasdaq and also the Financial Industry Regulatory
Authority (``FINRA''), on behalf of the Exchange, which are designed to
detect violations of Exchange rules and applicable federal securities
laws and that these procedures are adequate to properly monitor
Exchange trading of the Shares in all trading sessions and to deter and
detect violations of Exchange rules and applicable federal securities
laws.
    The proposed rule change is designed to promote just and equitable
principles of trade and to protect investors and the public interest in
that the Adviser represents that, other than to change the Original
Benchmark to the New Benchmark, there is no change to the Fund's
investment objective. The Adviser represents that the purpose of the
proposed change is to reflect a change to the name of the Fund and the
name and ownership of the benchmark index applicable to the Fund.
Accordingly, the Fund's investment objective will be to provide total
return which exceeds that of the New Benchmark and, except as provided
herein, the term ``Benchmark,'' as set forth in the Prior Release, will
generally be deemed to refer to the New Benchmark. The Adviser
represents that, other than the changes to the name and ownership of
the Benchmark, there are no other changes to the Benchmark, including
to its methodology, as described in the Prior Release. Except as
provided herein, none of the representations of the Fund or the Adviser
made in the Prior Release have changed.
    The proposed rule change is designed to perfect the mechanism of a
free and open market and, in general, to protect investors and the
public interest. As noted above, the proposed rule change is intended
to reflect a change to the name of the Fund and the name and ownership
of the benchmark index applicable to the Fund. Further, the Exchange
notes that the Fund does not yet have publicly offered Shares and does
not yet have Shares listed and traded on the Exchange. Before Shares
are publicly offered, the Trust will file a post-effective amendment to
its Registration Statement that reflects the changes in the proposed
rule change. The Shares will not be publicly offered until the post-
effective amendment to the Registration Statement becomes effective.

    For the above reasons, the Exchange believes the proposed rule
change is consistent with the requirements of Section 6(b)(5) of the
Act.

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 that is not necessary or appropriate
in furtherance of the purposes of the Act. The Exchange believes the
proposed rule change will accommodate the listing and trading of
Managed Fund Shares for an additional actively managed exchange-traded
product, thereby enhancing competition among issues of Managed Fund
Shares.

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

    Written comments were neither solicited nor received.

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 \7\ and Rule 19b-
4(f)(6) thereunder.\8\
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    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission.
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    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. 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 Number SR-NASDAQ-2016-117 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2016-117. 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 Number SR-NASDAQ-2016-117 and should
be submitted on or before September 19, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
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    \9\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-20577 Filed 8-26-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 66 (Thursday, April 5, 2018)]
[Rules and Regulations]
[Pages 14591-14597]
[FR Doc No: 2018-06796]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[SC-2017; FRL-9974-17--Region 4]

Air Plan Approval; South Carolina; Update to Materials
Incorporated by Reference

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; notification of administrative change.

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SUMMARY: The Environmental Protection Agency (EPA) is updating the
materials that are incorporated by reference (IBR) into the South
Carolina state implementation plan (SIP). The regulations affected by
this update have been previously submitted by South Carolina and
approved by EPA. This update affects the materials that are available
for public inspection at the National Archives and Records
Administration (NARA) and the EPA Regional Office.

DATES: This action is effective April 5, 2018.

ADDRESSES: SIP materials which are incorporated by reference into 40
CFR part 52 are available for inspection at the following locations:
Environmental Protection Agency, Region 4, 61 Forsyth Street SW,
Atlanta, GA 30303; and the National Archives and Records
Administration. For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html. To view the materials at the Region 4
Office, EPA requests that you email the contact listed in the FOR
FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Sean Lakeman, Air Regulatory

Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia
30303-8960. Mr. Lakeman can be reached via telephone at<PHONE_NUMBER>
or via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Each state has a SIP containing the control measures and strategies
used to attain and maintain the national ambient air quality standards
(NAAQS). The SIP is extensive, containing such elements as air
pollution control regulations, emission inventories, monitoring
networks, attainment demonstrations, and enforcement mechanisms.
    Each state must formally adopt the control measures and strategies
in the SIP after the public has had an opportunity to comment on them
and then submit the proposed SIP revisions to EPA. Once these control
measures and strategies are approved by EPA, and after notice and
comment, they are incorporated into the federally-approved SIP and are
identified in part 52--``Approval and Promulgation of Implementation
Plans,'' title 40 of the Code of Federal Regulations (40 CFR part 52).
The full text of the state regulation approved by EPA is not reproduced
in its entirety in 40 CFR part 52, but is ``incorporated by
reference.'' This means that EPA has approved a given state regulation
with a specific effective date. The public is referred to the location
of the full text version should they want to know which measures are
contained in a given SIP. The information provided allows EPA and the
public to monitor the extent to which a state implements a SIP to
attain and maintain the NAAQS and to take enforcement action if
necessary.
    The SIP is a living document which the state can revise as
necessary to address the unique air pollution problems in the state.
Therefore, EPA from time to time must take action on proposed revisions
containing new and/or revised state regulations. A submission from a
state can revise one or more rules in their entirety or portions of
rules, or even change a single word. The state indicates the changes in
the submission (such as, by using redline/strikethrough) and EPA then
takes action on the requested changes. EPA establishes a docket for its
actions using a unique Docket Identification Number, which is listed in
each action. These dockets and the complete submission are available
for viewing on www.regulations.gov.
    On May 22, 1997 (62 FR 27968), EPA revised the procedures for
incorporating by reference, into the Code of Federal Regulations,
materials approved by EPA into each state SIP. These changes revised
the format for the identification of the SIP in 40 CFR part 52,
streamlined the mechanisms for announcing EPA approval of revisions to
a SIP, and streamlined the mechanisms for EPA's updating of the IBR
information contained for each SIP in 40 CFR part 52. The revised
procedures also called for EPA to maintain ``SIP Compilations'' that
contain the federally-approved regulations and source specific permits
submitted by each state agency. These SIP Compilations are contained in
3-ring binders and are updated primarily on an annual basis. Under the
revised procedures, EPA must periodically publish an informational
document in the rules section of the Federal Register notifying the
public that updates have been made to a SIP Compilation for a
particular state. EPA applied the 1997 revised procedures to South
Carolina on July 1, 1997 (62 FR 35441).

II. EPA Action

    This action represents EPA's publication of the South Carolina SIP
Compilation update, appearing in 40 CFR part 52: specifically, the
materials in paragraph (c) and (d) at 40 CFR 52.2120. In addition,
notice is provided of the following corrections to the table in
paragraph (C) of Sec.  52.2120, as described below:
    A. Reformatting the Table by combining the ``EPA approval date''
and ``Federal Register notice'' columns and adding a new column titled
``Explanation''.
    B. Correcting typographical errors, state effective dates, EPA
approval dates and Federal Register citations listed in the table in
paragraph (c), as described below:
    1. Under the ``State effective date'' and ``EPA approval date'' the
2-digit year was changed to reflect a 4-digit year (for consistency)
and numerous Federal Register citations were corrected to reflect the
first page of the preamble opposed to the regulatory text page.
    2. Under Regulation No. 62.1, ``Section IV'' the State effective
date was revised to read ``6/27/2014'' and EPA approval date was
revised to read ``8/21/2017, 82 FR 39537.''
    3. Under Regulation No. 62.1, ``Section IV'' the State effective
date was revised to read ``6/27/2014'' and EPA approval date was
revised to read ``8/21/2017, 82 FR 39537.''
    4. Under Regulation No. 62.5, Standard No. 1, ``Section VII'' the
entry was removed from the table because the rule was repealed.
    5. Under Regulation No. 62.5, Standard No. 4, ``Section II'' the
State effective date was revised to read ``4/22/1988'' and EPA approval
date was revised to read ``10/3/1989, 54 FR 40659.''
    5. Under Regulation No. 62.5, Standard No. 4, ``Section XIII'' the
entry was removed from the table because the rule was repealed.
    6. Under Regulation No. 62.5, Standard No. 5, ``Section I'' the
State effective date was revised to read ``4/26/2013'' and EPA approval
date was revised to read ``8/16/2017, 82 FR 38825.''
    7. Under Regulation No. 62.5, Standard No. 5, Section I, ``Part A''
the State effective date was revised to read ``4/26/2013'' and EPA
approval date was revised to read ``8/16/2017, 82 FR 38825.''
    8. Under Regulation No. 62.5, Standard No. 5, Section I, ``Part G''
the State effective date was revised to read ``4/26/2013'' and EPA
approval date was revised to read ``8/16/2017, 82 FR 38825.''
    9. Under Regulation No. 62.5, Standard No. 5, Section II, ``Part
A'' the entry was reinserted after inadvertently being removed, and the
State effective date was revised to read ``11/27/2015'' and EPA
approval date was revised to read ``8/16/2017, 82 FR 38825.''
    10. Under Regulation No. 62.5, Standard No. 5, Section II, ``Part
B'' the State effective date was revised to read ``11/27/2015'' and EPA
approval date was revised to read ``8/16/2017, 82 FR 38825.''
    11. Under Regulation No. 62.5, Standard No. 5, Section II, ``Part
I'' the entry was removed from the table because the rule was reserved
and was never approved into the SIP.
    12. Under Regulation No. 62.5, Standard No. 5, Section II, ``Part
J'' the entry was removed from the table because the rule was reserved
and was never approved into the SIP.
    13. Under Regulation No. 62.5, Standard No. 5, Section II, ``Part
K'' the entry was removed from the table because the rule was reserved
and was never approved into the SIP.
    14. Under Regulation No. 62.5, Standard No. 5, Section II, ``Part
L'' the entry was removed from the table because the rule was reserved
and was never approved into the SIP.
    15. Under Regulation No. 62.5, Standard No. 5, Section II, ``Part
M'' the

entry was removed from the table because the rule was reserved and was
never approved into the SIP.
    16. Under Regulation No. 62.5, Standard No. 5, Section II, ``Part
Q'' the State effective date was revised to read ``4/26/2013'' and EPA
approval date was revised to read ``8/16/2017, 82 FR 38825.''
    17. Under Regulation No. 62.5, ``Standard No. 6'' and subentries
for ``Sections I--III'' the entries were removed from the table because
they had previously been disapproved and the original approval
rescinded from the SIP. See 60 FR 12700 (March 8, 1995). Additionally,
EPA inadvertently added these sections back to the table when
administrative edits were included alongside a SIP revision. See 67 FR
30594 (May 7, 2002).
    18. Under Regulation No. 62.5, Standard No. 7.1, ``Section I''
entry was removed from the table because it had previously been
consolidated into Regulation No. 62.5, Standard No. 7. See 67 FR 30594
(May 7, 2002).
    19. Under Regulation No. 62.5, Standard No. 7.1, ``Section II''
entry was removed from the table because it had previously been
consolidated into Regulation No. 62.5, Standard No. 7. See 67 FR 30594
(May 7, 2002).
    20. Under Regulation No. 62.5, Standard No. 7.1, ``Section III''
entry was removed from the table because it had previously been
consolidated into Regulation No. 62.5, Standard No. 7. See 67 FR 30594
(May 7, 2002).
    21. Under Regulation No. 62.5, Standard No. 7.1, ``Section IV''
entry was removed from the table because it had previously been
consolidated into Regulation No. 62.5, Standard No. 7. See 67 FR 30594
(May 7, 2002).
    22. Footnote 1 was removed and inserted in the explanation column
under Regulation No. 62.5, Standard No. 7 and Standard No. 7.1.

III. Good Cause Exemption

    EPA has determined that this action falls under the ``good cause''
exemption in section 553(b)(3)(B) of the Administrative Procedure Act
(APA) which, upon finding ``good cause,'' authorizes agencies to
dispense with public participation and section 553(d)(3) which allows
an agency to make an action effective immediately (thereby avoiding the
30-day delayed effective date otherwise provided for in the APA). This
administrative action simply codifies provisions which are already in
effect as a matter of law in Federal and approved state programs and
corrects typographical errors appearing in the CFR. Under section
553(b)(3)(B) of the APA, an agency may find good cause where procedures
are ``impracticable, unnecessary, or contrary to the public interest.''
Public comment for this administrative action is ``unnecessary'' and
``contrary to the public interest'' since the codification (and
typographical corrections) only reflect existing law. Immediate notice
of this action in the Federal Register benefits the public by providing
the public notice of the updated South Carolina SIP Compilation and
notice of typographical corrections to the South Carolina
``Identification of Plan'' portion of the Federal Register. Further,
pursuant to section 553(d)(3), making this action immediately effective
benefits the public by immediately updating both the SIP compilation
and the CFR ``Identification of plan'' section (which includes table
entry corrections).

IV. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of previously
EPA-approved regulations promulgated by South Carolina and federally
effective prior to October 1, 2017. EPA has made, and will continue to
make, these materials generally available through www.regulations.gov
and at the EPA Region 4 Office (please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section of this preamble for more
information).

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
notice of administrative change does not impose additional requirements
beyond those imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this notice of administrative change for the state of
South Carolina does not have Tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), because it does
not have substantial direct effects on an Indian Tribe. The Catawba
Indian Nation Reservation is located within the South Carolina portion
of the bi-state Charlotte Area. Pursuant to the Catawba Indian Claims
Settlement Act, S.C. Code Ann. 27-16-120, ``all state and local
environmental laws and regulations apply to the [Catawba Indian Nation]
and Reservation and are fully enforceable by all relevant state and
local agencies and authorities.'' EPA notes this action will not impose
substantial direct costs on Tribal governments or preempt Tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it

is published in the Federal Register. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
    EPA also believes that the provisions of section 307(b)(1) of the
CAA pertaining to petitions for judicial review are not applicable to
this action. This is because prior EPA rulemaking actions for each
individual component of the South Carolina SIP compilations previously
afforded interested parties the opportunity to file a petition for
judicial review in the United States Court of Appeals for the
appropriate circuit within 60 days of such rulemaking action. Thus, EPA
believes judicial review of this action under section 307(b)(1) of the
CAA is not available.

List of Subjects in 40 CFR Part 52

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

    Dated: January 26, 2018.
Onis ``Trey'' Glenn, III,
Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart PP--South Carolina

0
2. Section 52.2120 is amended by revising paragraphs (b), (c), and (d)
to read as follows:

Sec.  52.2120   Identification of plan.

* * * * *
    (b) Incorporation by reference. (1) Material listed in paragraphs
(c) and (d) of this section with an EPA approval date prior to October
1, 2017 was approved for incorporation by reference by the Director of
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. Material is incorporated as it exists on the date of the approval,
and notice of any change in the material will be published in the
Federal Register. Entries in paragraphs (c) and (d) of this section
with EPA approval dates after October 1, 2017 will be incorporated by
reference in the next update to the SIP compilation.
    (2) EPA Region 4 certifies that the rules/regulations provided by
EPA in the SIP compilation at the addresses in paragraph (b)(3) of this
section are an exact duplicate of the officially promulgated State
rules/regulations which have been approved as part of the State
Implementation Plan as of the dates referenced in paragraph (b)(1) of
this section.
    (3) Copies of the materials incorporated by reference may be
inspected at the Region 4 EPA Office at 61 Forsyth Street SW, Atlanta,
GA 30303. To obtain the material, please call<PHONE_NUMBER>. You may
inspect the material with an EPA approval date prior to October 1,
2017, for South Carolina at the National Archives and Records
Administration. For information on the availability of this material at
NARA go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
    (c) EPA Approved South Carolina Regulations.

                              Air Pollution Control Regulations for South Carolina
----------------------------------------------------------------------------------------------------------------
                                                             State
        State citation               Title/subject      effective date  EPA approval date       Explanation
----------------------------------------------------------------------------------------------------------------
Regulation No. 62.1...........  Definitions and              6/26/1998  8/10/2004, 69 FR
                                 General Requirements.                   48395.
Section I.....................  Definitions...........      11/26/2010  4/3/2013, 78 FR
                                                                         19997.
Section II....................  Permit Requirements...       6/24/2005  6/2/2008, 73 FR
                                                                         31369.
Section III...................  Emission Inventory and       9/23/2016  5/31/2017, 82 FR
                                 Emissions Statement.                    24853.
Section IV....................  Source Tests..........       6/27/2014  8/21/2017, 82 FR
                                                                         39537.
Section V.....................  Credible Evidence.....       6/27/2014  8/21/2017, 82 FR
                                                                         39537.
Regulation No. 62.2...........  Prohibition of Open          6/25/2004  8/26/2005, 70 FR
                                 Burning.                                50195.
Regulation No. 62.3...........  Air Pollution Episodes
Section I.....................  Episode Criteria......       4/26/2013  8/21/2017, 82 FR
                                                                         39541.
Section II....................  Emission Reduction           4/22/1988  10/3/1989, 54 FR
                                 Requirements.                           40659.
Regulation No. 62.4...........  Hazardous Air               12/20/1978  1/29/1980, 45 FR
                                 Pollution Conditions.                   6572.
Regulation No. 62.5...........  Air Pollution Control
                                 Standards.
Standard No. 1................  Emissions from Fuel
                                 Burning Operations.
Section I.....................  Visible Emissions.....      10/26/2001  5/7/2002, 67 FR
                                                                         30594.
Section II....................  Particulate Matter           4/22/1988  10/3/1989, 54 FR
                                 Emissions.                              40659.
Section III...................  Sulfur Dioxide                3/3/1983  10/29/1984, 49 FR
                                 Emissions.                              43469.
Section IV....................  Opacity Monitoring           4/22/1988  7/2/1990, 55 FR
                                 Requirements.                           27226.
Section V.....................  Exemptions............       5/24/1985  10/3/1989, 54 FR
                                                                         40659.
Section VI....................  Periodic Testing......       6/26/1998  8/10/2004, 69 FR
                                                                         48395.
Standard No. 2................  Ambient Air Quality          9/23/2016  6/29/2017, 82 FR
                                 Standards.                              29418.
Standard No. 4................  Emissions From Process
                                 Industries.
Section I.....................  General...............       2/28/1986  2/17/1987, 52 FR
                                                                         4772.
Section II....................  Sulfuric Acid                4/22/1988  10/3/1989, 54 FR
                                 Manufacturing.                          40659.
Section III...................  Kraft Pulp and Paper         4/22/1988  10/3/1989, 54 FR
                                 Manufacturing Plants.                   40659.
Section IV....................  Portland Cement              2/28/1986  2/17/1987, 52 FR
                                 Manufacturing.                          4772.

Section V.....................  Cotton Gins...........      10/26/2001  5/7/2002, 67 FR
                                                                         30594.
Section VI....................  Hot Mix Asphalt              5/24/1985  10/3/1989, 54 FR
                                 Manufacturing.                          40659.
Section VII...................  Metal Refining........       2/28/1986  2/17/1987, 52 FR
                                                                         4772.
Section VIII..................  Other Manufacturing...      10/26/2001  5/7/2002, 67 FR
                                                                         30594.
Section IX....................  Visible Emissions.....       4/22/1988  7/2/1990, 55 FR
                                                                         27226.
Section X.....................  Non-Enclosed                 4/22/1988  7/2/1990, 55 FR
                                 Operations.                             27226.
Section XI....................  Total Reduced Sulfur        10/26/2001  5/7/2002, 67 FR
                                 Emissions of Kraft                      30594.
                                 Pulp Mills.
Section XII...................  Periodic Testing......       6/26/1998  8/10/2004, 69 FR
                                                                         48395.
Standard No. 5................  Volatile Organic
                                 Compounds.
Section I.....................  General Provisions....       4/26/2013  8/16/2017, 82 FR
                                                                         38825.
Part A........................  Definitions...........       4/26/2013  8/16/2017, 82 FR
                                                                         38825.
Part B........................  General Applicability.      10/26/2001  5/7/2002, 67 FR
                                                                         30594.
Part C........................  Alternatives and            10/26/2001  5/7/2002, 67 FR
                                 Exceptions to Control                   30594.
                                 Requirements.
Part D........................  Compliance Schedules..      10/26/2001  5/7/2002, 67 FR
                                                                         30594.
Part E........................  Volatile Organic             6/26/1998  8/10/2004, 69 FR
                                 Compound Compliance                     48395.
                                 Testing.
Part F........................  Recordkeeping,              10/26/2001  5/7/2002, 67 FR
                                 Reporting, Monitoring.                  30594.
Part G........................  Equivalency                  4/26/2013  8/16/2017, 82 FR
                                 Calculations.                           38825.
Section II....................  Provisions for
                                 Specific Sources.
Part A........................  Surface Coating of          11/27/2015  8/16/2017, 82 FR
                                 Cans.                                   38825.
Part B........................  Surface Coating of          11/27/2015  8/16/2017, 82 FR
                                 Coils.                                  38825.
Part C........................  Surface Coating of           8/24/1990  2/4/1992, 57 FR
                                 Paper, Vinyl, and                       4158.
                                 Fabric.
Part D........................  Surface Coating of           8/24/1990  2/4/1992, 57 FR
                                 Metal Furniture and                     4158.
                                 Large Appliances.
Part E........................  Surface Coating of          10/26/2001  5/7/2002, 67 FR
                                 Magnet Wire.                            30594.
Part F........................  Surface Coating of          10/26/2001  5/7/2002, 67 FR
                                 Miscellaneous Metal                     30594.
                                 Parts and Products.
Part G........................  Surface Coating of           2/25/1983  10/31/1983, 48 FR
                                 Flat Wood Paneling.                     50078.
Part H........................  Graphic Arts--               2/25/1983  10/31/1983, 48 FR
                                 Rotogravure                             50078.
                                 Flexography.
Part N........................  Solvent Metal Cleaning      10/26/2001  5/7/2002, 67 FR
                                                                         30594.
Part O........................  Petroleum Liquid             2/25/1983  10/31/1983, 48 FR
                                 Storage in Fixed Roof                   50078.
                                 Tanks.
Part P........................  Petroleum Liquid             2/25/1983  10/31/1983, 48 FR
                                 Storage in External                     50078.
                                 Floating Roof Tanks.
Part Q........................  Manufacture of               4/26/2013  8/16/2017, 82 FR
                                 Synthesized                             38825.
                                 Pharmaceutical
                                 Products.
Part R........................  Manufacture of               2/25/1983  10/31/1983, 48 FR
                                 Pneumatic Rubber                        50078.
                                 Tires.
Part S........................  Cutback Asphalt.......       6/13/1979  12/16/1981, 46 FR
                                                                         61268.
Part T........................  Bulk Gasoline                2/25/1983  10/31/1983, 48 FR
                                 Terminals and Vapor                     50078.
                                 Collection Systems.
Standard No. 5.2..............  Control of Oxides of         6/25/2004  8/26/2005, 70 FR
                                 Nitrogen (NOX).                         50195.

Standard No. 7................  Prevention of                6/26/2015  8/10/2017, 82 FR   EPA did not take
                                 Significant                             37299.             action on the
                                 Deterioration.                                             version of
                                                                                Regulation 61-62.5,
                                                                                Standard No. 7,
                                                                                paragraph
                                                                                (b)(32)(i)(a) state
                                                                                effective on
                                                                                December 27, 2013,
                                                                                included in a SIP
                                                                                revision submitted
                                                                                by the State on
                                                                                April 10, 2014,
                                                                                because this version
                                                                                contains changes to
                                                                                a phrase regarding
                                                                                ethanol production
                                                                                facilities that is
                                                                                not in the SIP.
                                                                                South Carolina
                                                                                submitted a SIP
                                                                                revision on April
                                                                                14, 2009, that
                                                                                includes the phrase
                                                                                ``except ethanol
                                                                                production
                                                                                facilities producing
                                                                                ethanol by natural
                                                                                fermentation under
                                                                                the North American
                                                                                Industry
                                                                                Classification
                                                                                System (NAICS) codes
                                                                                325193 or 312140,''
                                                                                as amended in the
                                                                                Ethanol Rule (May 1,
                                                                                2007), at Standard
                                                                                No. 7, paragraphs
                                                                                (b)(32)(i)(a),
                                                                                (b)(32)(iii)(b)(t),
                                                                                and (i)1(vii)(t) and
                                                                                at Standard No. 7.1,
                                                                                paragraphs
                                                                                (c)7(C)(xx) and
                                                                                (e)(T). EPA has not
                                                                                taken action to
                                                                                approve that portion
                                                                                of the April 14,
                                                                                2009, SIP revision
                                                                                and incorporate this
                                                                                phrase into the SIP.
                                                                                The version of
                                                                                Standard No. 7,
                                                                                paragraphs
                                                                                (b)(32)(i)(a),
                                                                                (b)(32)(iii)(b)(t),
                                                                                and (i)1(vii)(t) and
                                                                                Standard No. 7.1,
                                                                                paragraphs
                                                                                (c)(7)(C)(xx) and
                                                                                (e)(T) was state
                                                                                effective on June
                                                                                24, 2005 and
                                                                                conditionally
                                                                                approved by EPA on
                                                                                June 2, 2008, and
                                                                                were fully approved
                                                                                on June 23, 2011.
Standard No. 7.1..............  Nonattainment New           11/27/2015  8/10/2017, 82 FR   EPA did not take
                                 Source Review.                          37299.             action on the
                                                                                version of
                                                                                Regulation 61-62.5,
                                                                                Standard No. 7,
                                                                                paragraph
                                                                                (b)(32)(i)(a) state
                                                                                effective on
                                                                                December 27, 2013,
                                                                                included in a SIP
                                                                                revision submitted
                                                                                by the State on
                                                                                April 10, 2014,
                                                                                because this version
                                                                                contains changes to
                                                                                a phrase regarding
                                                                                ethanol production
                                                                                facilities that is
                                                                                not in the SIP.
                                                                                South Carolina
                                                                                submitted a SIP
                                                                                revision on April
                                                                                14, 2009, that
                                                                                includes the phrase
                                                                                ``except ethanol
                                                                                production
                                                                                facilities producing
                                                                                ethanol by natural
                                                                                fermentation under
                                                                                the North American
                                                                                Industry
                                                                                Classification
                                                                                System (NAICS) codes
                                                                                325193 or 312140,''
                                                                                as amended in the
                                                                                Ethanol Rule (May 1,
                                                                                2007), at Standard
                                                                                No. 7, paragraphs
                                                                                (b)(32)(i)(a),
                                                                                (b)(32)(iii)(b)(t),
                                                                                and (i)1(vii)(t) and
                                                                                at Standard No. 7.1,
                                                                                paragraphs
                                                                                (c)7(C)(xx) and
                                                                                (e)(T). EPA has not
                                                                                taken action to
                                                                                approve that portion
                                                                                of the April 14,
                                                                                2009, SIP revision
                                                                                and incorporate this
                                                                                phrase into the SIP.
                                                                                The version of
                                                                                Standard No. 7,
                                                                                paragraphs
                                                                                (b)(32)(i)(a),
                                                                                (b)(32)(iii)(b)(t),
                                                                                and (i)1(vii)(t) and
                                                                                Standard No. 7.1,
                                                                                paragraphs
                                                                                (c)(7)(C)(xx) and
                                                                                (e)(T) was state
                                                                                effective on June
                                                                                24, 2005 and
                                                                                conditionally
                                                                                approved by EPA on
                                                                                June 2, 2008, and
                                                                                were fully approved
                                                                                on June 23, 2011.
Regulation No. 62.6...........  Control of Fugitive          5/24/1985  10/3/1989, 54 FR
                                 Particulate Matter.                     40659.
Section I.....................  Control of Fugitive         11/27/2015  8/21/2017, 82 FR
                                 Particulate Matter in                   39541.
                                 Non-Attainment Areas.
Section II....................  Control of Fugitive          5/24/1985  10/3/1989, 54 FR
                                 Particulate Matter in                   40659.
                                 Problem Areas.
Section III...................  Control of Fugitive         12/27/2013  8/21/2017, 82 FR
                                 Particulate Matter                      39541.
                                 Statewide.
Section IV....................  Effective Date........       5/24/1985  10/3/1989, 54 FR
                                                                         40659.
Regulation No. 62.7...........  Good Engineering             5/23/1986  5/28/1987, 52 FR
                                 Practice Stack Height.                  19858.
Section I.....................  General...............       5/23/1986  5/28/1987, 52 FR
                                                                         19858.
Section II....................  Applicability.........       5/23/1986  5/28/1987, 52 FR
                                                                         19858.
Section III...................  Definitions and              5/23/1986  5/28/1987, 52 FR
                                 Conditions.                             19858.
Section IV....................  Public Participation..       5/23/1986  5/28/1987, 52 FR
                                                                         19858.
Regulation No. 62.96..........  Nitrogen Oxides (NOX)       10/24/2008  10/16/2009, 74 FR
                                 and Sulfur Dioxide                      53167.
                                 (SO2) Budget Trading
                                 Program General
                                 Provisions.

Regulation No. 62.97..........  Cross-State Air              8/25/2017  10/13/2017, 82 FR
                                 Pollution Rule                          47939.
                                 (CSAPR) Trading
                                 Program.
Regulation No. 62.99..........  Nitrogen Oxides (NOX)        5/24/2002  6/28/2002, 67 FR
                                 Budget Program                          43546.
                                 Requirements for
                                 Stationary Sources
                                 Not in the Trading
                                 Program.
S.C. Code Ann.................  Ethics Reform Act.....
Section 8-13-100(31)..........  Definitions...........        1/1/1992  8/1/2012, 77 FR
                                                                         45492.
Section 8-13-700(A) and (B)...  Use of official               1/1/1992  8/1/2012, 77 FR
                                 position or office                      45492.
                                 for financial gain;
                                 disclosure of
                                 potential conflict of
                                 interest.
Section 8-13-730..............  Membership on or              1/1/1992  8/1/2012, 77 FR
                                 employment by                           45492.
                                 regulatory agency of
                                 person associated
                                 with regulated
                                 business.
----------------------------------------------------------------------------------------------------------------

    (d) EPA-Approved State Source-Specific Requirements.

                         EPA-Approved South Carolina State Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
                                                         State
          Name of source               Permit No.      effective    EPA approval date           Comments
                                                          date
----------------------------------------------------------------------------------------------------------------
Transcontinental Gas Pipeline           2060-0179-CD    4/27/2004  4/23/2009, 74 FR     This permit is
 Corporation Station 140.                                           18471.               incorporated in
                                                                                fulfillment of the NOX
                                                                                SIP Call Phase II
                                                                                requirements for South
                                                                                Carolina.
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2018-06796 Filed 4-4-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 55 (Wednesday, March 22, 2023)]
[Rules and Regulations]
[Pages 17159-17161]
[FR Doc No: 2023-05461]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2022-0721, FRL-10452-02-R10]

Air Plan Approval; AK; Adoption and Permitting Rule Updates

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving
revisions to the Alaska State Implementation Plan submitted on May 16,
2022, and August 11, 2022. The revisions update Alaska's adoption by
reference date for Federal regulations relied upon for implementation
of the air program, including permitting requirements and air pollution
test methods. The revisions also add procedures for electronic
submission of documents for air permits and other authorizations,
update air permitting and emission fees, add additional clarifying
language to the fee provisions, and specify emissions inventory
reporting requirements. The EPA has determined that the submitted
revisions are consistent with Clean Air Act requirements.

DATES: This final rule is effective April 21, 2023.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2022-0721. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information or other information the disclosure
of which is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available at https://www.regulations.gov, or please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section for additional availability information.

FOR FURTHER INFORMATION CONTACT: Jeff Hunt, EPA Region 10, 1200 Sixth
Avenue (Suite 155), Seattle, WA 98101, at<PHONE_NUMBER>, or
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we'' or
``our'' is used, it is intended to refer to the EPA.

Table of Contents

I. Background
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. Background

    Each state has a SIP containing the control measures and strategies
to attain and maintain the national ambient air quality standards
(NAAQS). Alaska establishes state air quality regulations in Alaska
Administrative Code Title 18 Environmental Conservation, Chapter 50 Air
Quality Control (18 AAC 50) and submits these regulations for EPA
approval and incorporation by reference into the Alaska SIP in the Code
of Federal Regulations (CFR) at 40 CFR part 52, subpart C.
    On May 16, 2022, and August 11, 2022, Alaska submitted revisions to
the SIP and the EPA proposed to approve the changes on January 18, 2023
(88 FR 2873).\1\ The reasons for approval are included in the proposed
action and will not be restated here. The public comment period for the
proposed action closed on February 17, 2023, and we received one
comment in support of the action. Therefore, we are finalizing the
action as proposed.
---------------------------------------------------------------------------

    \1\ Alaska's May 16, 2022, submittal also included revisions
regarding ice fog and sulfur dioxide special protection areas, which
are outside the scope of this action and will be addressed in a
separate, future rulemaking.
---------------------------------------------------------------------------

II. Final Action

    The EPA is approving, and incorporating by reference, certain
revisions to the Alaska SIP, submitted on May 16, 2022, and August 11,
2022, as being consistent with Clean Air Act section 110 and part C and
D requirements for the permitting of major stationary sources. Upon the
effective date of this final action, the Alaska SIP will include the
following regulations:
     18 AAC 50.035 Documents, Procedures and Methods Adopted by
Reference, except (a)(6), (a)(9), and (b)(4), state effective April 16,
2022, which adopts by reference certain Federal test procedures and
methods for determining compliance with the NAAQS;
     18 AAC 50.040 Federal Standards Adopted by Reference,
except (a), (b), (c), (d), (e), (g), (j) and (k), state effective April
16, 2022, which adopts by reference certain Federal regulations for the
permitting of new or modified major stationary sources;
     18 AAC 50.270 Electronic Submission Requirements, state
effective September 7, 2022, which establishes requirements and
procedures for the electronic submission of permitting forms and other
documents;
     18 AAC 50.275 Consistency of Reporting Methodologies,
state effective September 7, 2022, requiring consistent methodology in
reporting air emissions;
     18 AAC 50.400 Permit Administration Fees, except (a), (b),
(c), and (i), state effective September 7, 2022, which establishes
permit administration fees, compliance fees, and air quality emission
fees.

III. Incorporation by Reference

    In this document, the EPA is finalizing regulatory text in an EPA
final rule that includes incorporation by reference. In accordance with
requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by
reference of the regulations described in section II of this preamble.
The EPA has made, and will continue to make, these materials generally
available through https://www.regulations.gov and at the EPA Region 10
Office (please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section of this preamble for more information).
Therefore, these materials have been approved by the EPA for inclusion
in the SIP, have been incorporated by reference by the EPA into that
plan, are fully federally enforceable under sections 110 and 113 of the
CAA as of the effective date of the final rule of the EPA's approval,
and will be incorporated by reference by the Director of the Federal
Register in the next update to the SIP compilation.\2\
---------------------------------------------------------------------------

    \2\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air Act
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);

     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act.
    Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
The EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' The EPA further defines the term fair treatment to mean
that ``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
    The air agency did not evaluate environmental justice
considerations as part of its SIP submittal; the Clean Air Act and
applicable implementing regulations neither prohibit nor require such
an evaluation. The EPA did not perform an EJ analysis and did not
consider EJ in this action. Due to the nature of this action, it is
expected to have a neutral to positive impact on the air quality of the
affected area. Consideration of EJ is not required as part of this
action, and there is no information in the record inconsistent with the
stated goal of E.O. 12898 of achieving environmental justice for people
of color, low-income populations, and Indigenous peoples.
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and it will
not impose substantial direct costs on tribal governments or preempt
tribal law as specified by Executive Order 13175 (65 FR 67249, November
9, 2000).
    This action is subject to the Congressional Review Act, and the EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by May 22, 2023. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

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

    Dated: March 13, 2023.
Casey Sixkiller,
Regional Administrator, Region 10.

    For the reasons set forth in the preamble, 40 CFR part 52 is
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart C--Alaska

0
2. In Sec.  52.70, paragraph (c), Table 1 is amended by:
0
a. Revising the entries for ``18 AAC 50.035'', and ``18 AAC 50.040'';
0
b. Adding under the table heading ``18 AAC 50--Article 2. Program
Administration'' entries for ``18 AAC 50.270'' and ``18 AAC 50.275''
immediately after the entry for ``18 AAC 50.260''; and
0
c. Revising the entry for ``18 AAC 50.400''.
    The revisions and additions read as follows:

Sec.  52.70  Identification of plan.

* * * * *
    (c) * * *

                            Table 1 to Paragraph (c)--EPA-Approved Alaska Regulations
----------------------------------------------------------------------------------------------------------------
                                                           State
        State citation              Title/subject     effective date    EPA approval date       Explanations
----------------------------------------------------------------------------------------------------------------
   Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50--Air Quality Control (18 AAC 50)
                              18 AAC 50--Article 1. Ambient Air Quality Management
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
18 AAC 50.035.................  Documents,                 4/16/2022  3/22/2023, [INSERT    Except (a)(6),
                                 Procedures, and                       FEDERAL REGISTER      (a)(9), and (b)(4).
                                 Methods Adopted by                    CITATION].
                                 Reference.
18 AAC 50.040.................  Federal Standards          4/16/2022  3/22/2023, [INSERT    Except (a), (b),
                                 Adopted by                            FEDERAL REGISTER      (c), (d), (e), (g),
                                 Reference.                            CITATION].            (j) and (k).

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                  18 AAC 50--Article 2. Program Administration
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
18 AAC 50.270.................  Electronic                  9/7/2022  3/22/2023, [INSERT    ....................
                                 Submission                            FEDERAL REGISTER
                                 Requirements.                         CITATION].
18 AAC 50.275.................  Consistency of              9/7/2022  3/22/2023, [INSERT    ....................
                                 Reporting                             FEDERAL REGISTER
                                 Methodologies.                        CITATION].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                         18 AAC 50--Article 4. User Fees
----------------------------------------------------------------------------------------------------------------
18 AAC 50.400.................  Permit                      9/7/2022  3/22/2023, [INSERT    Except (a), (b),
                                 Administration Fees.                  FEDERAL REGISTER      (c), and (i).
                                                                       CITATION].

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

* * * * *
[FR Doc. 2023-05461 Filed 3-21-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 33 (Thursday, February 17, 2022)]
[Notices]
[Pages 9102-9103]
[FR Doc No: 2022-03393]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No.: PHMSA-2022-0008; Notice No. 2022-03]

Hazardous Materials: Request for Comments on Issues Concerning
International Atomic Energy Agency Regulations for the Safe Transport
of Radioactive Materials

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation (DOT).

ACTION: Notice; request for comments.

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

SUMMARY: PHMSA and the U.S. Nuclear Regulatory Commission are jointly
seeking comments on issues concerning requirements in the International
Atomic Energy Agency (IAEA) regulations for the safe transport of
radioactive materials. The IAEA is considering revisions to their
regulations as part of its periodic review cycle for a new edition.

DATES: Submit comments by March 4, 2022. Comments received after this
date will be considered if it is practical to do so; however, we are
only able to assure consideration for proposals received on or before
this date.

ADDRESSES: You may submit comments identified by the docket number
(PHMSA-2022-0008) by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Fax: 1-202-493-2251.
     Mail: Docket Operations, U.S. Department of
Transportation, West Building, Ground Floor, Room W12-140, Routing
Symbol M-30, 1200 New Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: To Docket Operations, Room W12-140 on the
ground floor of the West Building, 1200 New Jersey Avenue SE,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except federal holidays.
    Instructions: All submissions must include the agency name and
docket number for this notice at the beginning of the comment. Note
that all comments received will be posted without change to the docket
management system, including any personal information provided.
    Docket: For access to the dockets to read background documents or
comments received, go to http://www.regulations.gov, or DOT's Docket
Operations Office (see ADDRESSES).
    Privacy Act: Anyone is able to search the electronic form of any
written communications and comments received into any of our dockets by
the name of the individual submitting the document (or signing the
document, if submitted on behalf of an association, business, labor
union, etc.). You may review DOT's complete Privacy Act Statement in
the Federal Register published on April 11, 2000 (65 FR 19477) or you
may visit http://www.regulations.gov.
    Confidential Business Information (CBI): CBI is commercial or
financial information that is both customarily and actually treated as
private by its owner. Under the Freedom of Information Act (FOIA) (5
U.S.C. 552), CBI is exempt from public disclosure. If your comments
responsive to this notice contain commercial or financial information
that is customarily treated as private, that you actually treat as
private, and that is relevant or responsive to this notice, it is
important that you clearly designate the submitted comments as CBI.
Please mark each page of your submission containing CBI as ``PROPIN.''
PHMSA will treat such marked submissions as confidential under the
FOIA, and they will not be placed in the public docket of this notice.
Submissions containing CBI should be sent to Rick Boyle, Sciences and
Engineering Division,<PHONE_NUMBER>, Pipeline and Hazardous Materials
Safety Administration, U.S. Department of Transportation, 1200 New
Jersey Avenue SE, Washington, DC 20590-0001. Any commentary that PHMSA
receives which is not specifically designated as CBI will be placed in
the public docket for this notice.

FOR FURTHER INFORMATION CONTACT: Mr. Rick Boyle, Sciences and
Engineering Division,<PHONE_NUMBER>, Pipeline and Hazardous Materials
Safety Administration.

SUPPLEMENTARY INFORMATION:

I. Background

    The International Atomic Energy Agency (IAEA) works with its Member
States and multiple partners worldwide to promote safe, secure, and
peaceful nuclear technologies. The IAEA established and maintains an
international standard, Regulations for the Safe Transport of
Radioactive Material (SSR-6 (Rev. 1)), to promote the safe and secure
transportation of radioactive material. The IAEA periodically reviews
and, as deemed appropriate, revises its regulations to reflect new
information and

accumulated experience. The Department of Transportation (DOT) is the
U.S. competent authority for radioactive material transportation
matters. The U.S. Nuclear Regulatory Commission (NRC) provides
technical support to DOT in this regard, particularly regarding Type B
and other fissile transportation packages.
    The IAEA recently initiated a review cycle for its regulations.
This is a first step in the review cycle for the IAEA transport
regulations, but it does not constitute a decision to revise the
transport regulations. To assure opportunity for public participation
in the international regulatory development process, DOT and NRC are
soliciting comments and information pertaining to issues with the IAEA
regulations.
    The focus of this solicitation is to identify issues or concerns
with SSR-6 (Rev. 1). SSR-6 (Rev. 1) can be found online at https://www-pub.iaea.org/MTCD/Publications/PDF/PUB1798_web.pdf.
    The IAEA requests that any proposal for a change in the transport
regulations should demonstrate that the proposed change is:
     Required to ensure safety and to protect people, property,
and the environment from harmful effects of ionizing radiation during
the transport of radioactive material.
     Needed to define or redefine the level of protection of
people, property, and the environment from harmful effects of ionizing
radiation during the transport of radioactive material.
     Required for consistency within the Transport Regulations.
     Required as a result of advances in technology.
     Needed to improve implementation of the Transport
Regulations.
    The IAEA also requests that a submission of an identified problem
in the regulations for which new text is not proposed should also
demonstrate a clear link to the criteria outlined above. Comments and
proposed changes should reference the particular paragraphs of concern
in SSR-6 (Rev. 1).
    This information, and any associated discussions, will assist DOT
in examining the full range of views and alternatives as the agency
develops proposals to be submitted to the IAEA for consideration. DOT
has not yet fully harmonized its US regulations with the 2012 and 2018
editions of SSR-6. DOT will follow its normal rulemaking procedures in
any action to harmonize requirements for domestic and international
transportation of radioactive materials. This call for input to the
IAEA process is separate from any future or current domestic
rulemakings.

II. Public Participation

    PHMSA and the NRC are jointly seeking comments on issues concerning
requirements in SSR-6 (Rev. 1). The IAEA is considering revisions to
the SSR-6 (Rev. 1) regulations as part of its periodic review cycle for
a new edition. Proposals must be submitted in writing (electronic file
in Microsoft Word format preferred).
    DOT and NRC will review the proposed issues and identified
problems. Proposed issues and identified problems from all Member
States and International Organizations will be initially considered at
an IAEA Transport Safety Standards Committee (TRANSSC) Meeting to be
convened by IAEA on June 20-24, 2022, in Vienna, Austria. The
subsequent meeting of TRANSSC, to be held in November 2022, will
determine whether the aggregate of the accepted proposed changes
amounts to a change in requirements that is important in terms of
safety. If this is the case, a revision of the transport regulations
will be initiated by the IAEA. If there is no safety imperative, the
issues agreed upon will be considered during the next review cycle
scheduled to start in 2023.

    Issued in Washington, DC, on February 11, 2022.
William S. Schoonover,
Associate Administrator for Hazardous Materials Safety, Pipeline and
Hazardous Materials Safety Administration.
[FR Doc. 2022-03393 Filed 2-16-22; 8:45 am]
BILLING CODE 4910-60-P


[Federal Register: August 29, 2007 (Volume 72, Number 167)]
[Notices]
[Page 49746-49747]
[DOCID:fr29au07-98]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.

Extension: Rule 15Ba2-5; OMB Control No. 3235-0088; SEC File No.
270-91.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the collection of
information summarized below. The Commission plans to submit this
existing collection of information to the Office of Management and
Budget for extension and approval.

Rule 15Ba2-5 (17 CFR 240.15Ba2-5)--Registration of Fiduciaries

    On July 7, 1975, effective July 16, 1975 (see 41 FR 28948, July 14,
1975), the Commission adopted Rule 15Ba2-5 under the Securities
Exchange Act of 1934 (15 U.S.C. 78a et seq.) to permit a duly-appointed
fiduciary to assume immediate responsibility for the operation of a
municipal securities dealer's business. Without the rule, the fiduciary
would not be able to assume operation until it registered as a
municipal securities dealer. Under the rule, the registration of a
municipal securities dealer is deemed to be the registration of any
executor, administrator, guardian, conservator, assignee for the
benefit of creditors, receiver, trustee in insolvency or bankruptcy, or
other fiduciary, appointed or qualified by order, judgment, or decree
of a court of competent jurisdiction to continue the business of such
municipal securities dealer, provided that such fiduciary files with
the Commission, within 30 days after entering upon the performance of
his duties, a statement setting forth as to such fiduciary
substantially the same information required by Form MSD or Form BD. The
statement is necessary to ensure that the Commission and the public
have adequate information about the fiduciary.
    There is approximately 1 respondent per year that requires an
aggregate total of 4 hours to comply with this rule. This respondent
makes an estimated 1 annual response. Each response takes approximately
4 hours to complete. Thus, the total compliance burden per year is 4
burden hours. The approximate cost per hour is $20, resulting in a
total cost of compliance for the respondent of approximately $80 (i.e.,
4 hours x $20).
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the Commission, including whether the information
shall have practical utility; (b) the accuracy of the Commission's
estimates of the burden of the proposed collection of information; (c)
ways to enhance the quality, utility, and clarity of the information to
be collected; and (d) ways to minimize the burden of the collection of
information on respondents, including through the use of automated
collection techniques or other forms of information technology.
Consideration will be given to comments and suggestions submitted in
writing within 60 days of this publication.
    Comments should be directed to: R. Corey Booth, Director/Chief
Information Officer, Securities and Exchange Commission, C/O Shirley
Martinson, 6432 General Green Way, Alexandria, Virginia 22312 or send
an e-mail to<EMAIL_ADDRESS>Comments must be submitted within
60 days of this notice.

    Dated: August 22, 2007.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-17078 Filed 8-28-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 77, Number 238 (Tuesday, December 11, 2012)]
[Notices]
[Page 73652]
[FR Doc No: 2012-29811]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP13-16-000]

Honeoye Storage Corporation: Notice of Request Under Blanket
Authorization

    Take notice that on November 16, 2012, Honeoye Storage Corporation
(Honeoye) as supplemented on November 29, 2012, 4511 Egypt Road,
Canandaigua, New York 14424, filed in Docket No. CP13-16-000, a prior
notice request pursuant to sections 157.205 and 157.214 of the Federal
Energy Regulatory Commission's regulations under the Natural Gas Act
for authorization to increase the maximum storage capacity and working
gas capacity of the Honeoye Storage facitility located in Ontario
County, New York. Specifically, Honeoye proposes to increase the
maximum storage capacity from 11.25 Bcf to 11.45 Bcf and working
storage capacity from 6.57 Bcf to 6.77 Bcf. ANR states the increased
capacity will be offered to customers on a firm or non firm basis, all
as more fully set forth in the application which is on file with the
Commission and open to public inspection. The filing may also be viewed
on the web at http://www.ferc.gov using the ``eLibrary'' link. Enter
the docket number excluding the last three digits in the docket number
field to access the document. For assistance, contact FERC at
<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TTY,
(202) 502-8659.
    Any questions regarding this Application should be directed to
Richard A. Norman, Honeoye Storage Corporation, c/o Essex Hydro Assoc.,
L.L.C., 55 Union Street, 4th Floor, Boston, MA 02108, or call (617)
367-0032, or by email<EMAIL_ADDRESS>    Any person may, within 60 days after the issuance of the instant
notice by the Commission, file pursuant to Rule 214 of the Commission's
Procedural Rules (18 CFR 385.214) a motion to intervene or notice of
intervention. Any person filing to intervene or the Commission's staff
may, pursuant to section 157.205 of the Commission's Regulations under
the NGA (18 CFR 157.205) file a protest to the request. If no protest
is filed within the time allowed therefore, the proposed activity shall
be deemed to be authorized effective the day after the time allowed for
protest. If a protest is filed and not withdrawn within 30 days after
the time allowed for filing a protest, the instant request shall be
treated as an application for authorization pursuant to section 7 of
the NGA.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commenter's will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commenter's will not be required to serve copies of filed
documents on all other parties. However, the non-party commentary, will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests, and interventions via the internet in lieu of paper. See 18
CFR 385.2001(a) (1) (iii) and the instructions on the Commission's Web
site (www.ferc.gov) under the ``e-Filing'' link.

    Dated: November 30, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-29811 Filed 12-10-12; 8:45 am]
BILLING CODE 6717-01-P