[Federal Register Volume 87, Number 241 (Friday, December 16, 2022)]
[Notices]
[Page 77151]
[FR Doc No: 2022-27256]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-96476; File No. SR-MRX-2022-20]

Self-Regulatory Organizations; Nasdaq MRX, LLC; Notice of
Withdrawal of Proposed Rule Change To Amend Options 7, Section 6 To Add
Port Fees

December 12, 2022.
    On October 11, 2022, Nasdaq MRX, LLC (``MRX'') filed with the
Securities and Exchange Commission (``Commission''), pursuant to
Section 19(b)(1) of the Securities Exchange Act of 1934 \1\ and Rule
19b-4 thereunder,\2\ a proposed rule change to assess port fees. The
proposed rule change was published for comment in the Federal Register
on October 18, 2022.\3\
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 96046 (October 12,
2022), 87 FR 63119.
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    On December 8, 2022, MRX withdrew the proposed rule change (SR-MRX-
2022-20).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\4\
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    \4\ 17 CFR 200.30-3(a)(12).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2022-27256 Filed 12-15-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 89 (Wednesday, May 10, 2017)]
[Rules and Regulations]
[Pages 21711-21717]
[FR Doc No: 2017-09391]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-HQ-OAR-2016-0515; FRL-9962-25-OAR]
RIN 2060-AT24

Determinations of Attainment by the Attainment Date,
Determinations of Failure To Attain by the Attainment Date and
Reclassification for Certain Nonattainment Areas for the 2006 24-Hour
Fine Particulate Matter National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is making final
determinations of attainment by the attainment date and determinations
of failure to attain by the attainment date for ten nonattainment areas
currently classified as ``Moderate'' for the 2006 24-hour fine
particulate matter (PM2.5) National Ambient Air Quality
Standards (NAAQS). Specifically, the EPA is determining that seven
areas attained the 2006 24-hour PM2.5 NAAQS by December 31,
2015, based on complete, quality-assured and certified PM2.5
monitoring data for 2013 to 2015. The EPA is also determining that
three areas failed to attain the 2006 24-hour PM2.5 NAAQS by
December 31, 2015. Upon the effective date of such determinations of
failure to attain the NAAQS, these three areas will be reclassified as
``Serious'' for the 2006 24-hour PM2.5 NAAQS by operation of
law. States with jurisdiction over these nonattainment areas
reclassified to Serious are required to submit State Implementation
Plan (SIP) revisions that comply with the statutory and regulatory
requirements for 2006 24-hour PM2.5 NAAQS nonattainment
areas classified as Serious. In this action, the EPA is not making any
final determination regarding its proposed determination for the Logan,
Utah-Idaho, nonattainment area.

DATES: This rule is effective June 9, 2017.

ADDRESSES: The EPA has established a docket, identified by Docket ID
No. EPA-HQ-OAR-2016-0515, that can be found online at https://www.regulations.gov. Although listed in the index, some information may
not be publicly available, e.g., Confidential Business Information or
other information 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 electronically
through https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Ms. Leigh Herrington, Office of Air
Quality Planning and Standards, Air Quality Policy Division, Mail code
C539-01, Research Triangle Park, NC 27711, telephone<PHONE_NUMBER>;
fax number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    Entities affected by this action include six states with one or
more areas designated nonattainment and classified as ``Moderate'' for
the 2006 24-hour PM2.5 NAAQS. Entities potentially affected
indirectly by this action include owners or operators of sources of
emissions of direct PM2.5 or PM2.5 precursors
(ammonia, nitrogen oxides, sulfur dioxide and volatile organic
compounds) that contribute to PM2.5 levels within the
designated nonattainment areas the EPA is addressing in this action.

B. Where can I get a copy of this document and other related
information?

    In addition to being available in the docket, an electronic copy of
this notice will be posted at https://www.epa.gov/pm-pollution/particulate-matter-pm-implementation-regulatory-actions.

C. How is this document organized?

I. General Information
    A. Does this action apply to me?
    B. Where can I get a copy of this document and other related
information?
    C. How is this document organized?
II. Proposed Actions
III. Final Actions
    A. Determinations of Attainment by the Attainment Date
    B. Determinations of Failure To Attain by the Attainment Date
and Reclassification to Serious
    C. Public Comments
IV. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act (PRA)
    C. Regulatory Flexibility Act (RFA)
    D. Unfunded Mandates Reform Act (UMRA)
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act (NTTAA)
    J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
    K. Congressional Review Act (CRA)
    L. Judicial Review

II. Proposed Actions

    On December 16, 2016 (81 FR 91088), the EPA proposed to find that
seven nonattainment areas classified as Moderate attained the 2006 24-
hour PM2.5 NAAQS by the applicable attainment date of
December 31, 2015, based on complete, quality-assured and certified
PM2.5 monitoring data for the 3-year period of 2013 to
2015.\1\ The seven designated nonattainment areas are: (1) Chico,
California; (2) Imperial County, California; (3) Knoxville-Sevierville-
La Follette, Tennessee; (4) Liberty-Clairton, Pennsylvania; (5)
Nogales, Arizona; (6) Sacramento, California; and, (7) San Francisco
Bay Area, California.\2\
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    \1\ An area's design value for the 24-hour PM2.5
NAAQS is the highest of the 3-year average of annual 98th percentile
24-hour average PM2.5 mass concentration values recorded
at any eligible monitoring site (40 CFR part 50, Appendix N,
1.0(c)(2)).
    \2\ Note that there are three 2006 PM2.5 NAAQS
Moderate nonattainment areas not addressed in that proposal or this
final action: (1) Klamath Falls, OR; (2) Oakridge, OR; and (3) West
Central Pinal, AZ. For the Klamath Falls, OR, nonattainment area,
the EPA issued a determination of attainment by the attainment date
of December 31, 2014, on June 6, 2016 (81 FR 36176). For the
Oakridge, OR, nonattainment area, the EPA issued a 1-year attainment
date extension from December 31, 2015, to December 31, 2016, on July
18, 2016 (81 FR 46612). For the West Central Pinal, AZ,
nonattainment area, the EPA designated the area as nonattainment on
February 3, 2011 (76 FR 6056), and therefore will make a
determination about whether or not the area has attained the 2006
PM2.5 NAAQS after the attainment date of December 31,
2017.

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    The EPA also proposed to find that four nonattainment areas
classified as Moderate failed to attain the 2006 24-hour
PM2.5 NAAQS by December 31, 2015: (1) Fairbanks, Alaska; (2)
Logan, Utah-Idaho; (3) Provo, Utah; and (4) Salt Lake City, Utah. The
proposal stated that, as required by Clean Air Act (CAA) section
188(b)(2), upon finalization of the EPA's determinations that these
four areas failed to attain, the areas would be reclassified to Serious
by operation of law and would be subject to all applicable Serious area
attainment planning and nonattainment New Source Review (NNSR)
requirements. In the December 2016 proposal, the EPA also discussed its
determination that the Logan, Utah-Idaho, multistate nonattainment area
did not qualify for a 1-year attainment date extension, despite the
state of Idaho's request for such an extension, due to a lack of valid
air quality data for calendar year 2015.
    The proposal also explained that under CAA section 188(b)(2) and
the EPA's final rule, titled, ``Fine Particulate Matter National
Ambient Air Quality Standards: State Implementation Plan Requirements''
(81 FR 58010, August 24, 2016) (hereinafter ``PM2.5 SIP
Requirements Rule''), a state is required to make a SIP submission to
address the statutory and regulatory requirements for any area that has
been reclassified to Serious under CAA section 188(b)(2) within 18
months from the effective date of reclassification, or 2 years before
the attainment date, whichever is earlier. See 40 CFR
51.1003(b)(2)(ii). Thus, Serious area attainment plan submissions for
the areas reclassified in this action will be due by December 31, 2017,
and consistent with CAA section 188(c)(2), the affected states will be
required to demonstrate that the area will attain the standard as
expeditiously as practicable, but no later than December 31, 2019 (the
end of the tenth calendar year following the effective date of
designation of the area). The EPA notes that states with areas
reclassified to Serious may also elect to seek an extension of the
applicable attainment date pursuant to CAA section 188(e), if they meet
the applicable criteria.

III. Final Actions

A. Determinations of Attainment by the Attainment Date

    For this rulemaking, the EPA evaluated data from air quality
monitors in 10 nonattainment areas classified as Moderate for the 2006
24-hour PM2.5 NAAQS in order to determine the attainment
status of each area as of the December 31, 2015, attainment date. Each
of the seven nonattainment areas for which the EPA proposed
determinations of attainment by the attainment date, listed in Table 1,
had valid monitoring data and a design value equal to or less than 35
micrograms per cubic meter ([mu]g/m\3\) based on the 2013 to 2015
monitoring period. The EPA received no adverse comments on these
proposed determinations of attainment. Therefore, pursuant to CAA
section 188(b)(2) of the CAA, the agency is making final determinations
that these seven nonattainment areas attained the 2006 24-hour
PM2.5 NAAQS by the applicable attainment date of December
31, 2015. The EPA's determinations are based upon 3 years of complete,
quality-assured and certified data for calendar years 2013 to 2015. The
monitoring data for the 3 years (2013 to 2015) used to calculate each
monitor's design value are provided in a technical support document
(TSD) in the docket for this action.\3\
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    \3\ See, ``Technical Support Document Regarding PM2.5
Monitoring Data--Determinations of Attainment by the Attainment
Date, Determinations of Failure to Attain by the Attainment Date and
Reclassification for Certain Nonattainment Areas for the 2006 24-
Hour Fine Particulate Matter National Ambient Air Quality
Standards,'' dated April 19, 2017, within this action's docket.
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    Once effective, this action satisfies the EPA's obligation pursuant
to CAA section 188(b)(2) to determine whether these seven areas
attained the standard by the applicable attainment date. These
determinations of attainment do not constitute a redesignation to
attainment. Rather, redesignations require states to meet a number of
additional statutory criteria in CAA section 107(d)(3), including EPA
approval of a state plan demonstrating maintenance of the air quality
standard for 10 years after redesignation.

B. Determinations of Failure To Attain by the Attainment Date and
Reclassification to Serious

    In its December 2016 proposal, the EPA proposed to determine that
four nonattainment areas (Fairbanks, Alaska; Logan, Utah-Idaho; Provo,
Utah; and Salt Lake City, Utah) failed to attain the 2006 24-hour
PM2.5 NAAQS by the applicable attainment date of December
31, 2015, because the 2013 to 2015 design value for at least one
monitor in each area exceeded the 2006 24-hour PM2.5 NAAQS
of 35 [mu]g/m\3\. The TSD provided in the docket shows the quality-
assured monitoring data for the relevant years for each of these
nonattainment areas, as well as the 3-year design value calculations
for each area.
    Pursuant to CAA section 188(b)(2), the EPA is finalizing the
proposed determinations that three areas (Fairbanks, Alaska; Provo,
Utah; and Salt Lake City, Utah) failed to attain the 2006 24-hour
PM2.5 NAAQS by the applicable December 31, 2015, attainment
date.\4\ Therefore, upon the effective date of this rule, these three
Moderate nonattainment areas will be reclassified by operation of law
to Serious for the 2006 PM2.5 standards. A Serious
PM2.5 nonattainment area is required to attain the standard
as expeditiously as practicable, but no later than by the end of the
tenth year after designation (December 31, 2019).
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    \4\ Since the issuance of the December 2016 proposed action, the
state of Utah has provided additional information for the monitoring
sites in the Logan, Utah-Idaho, area. The EPA needs additional time
to consider this information, and, therefore, is not taking final
action for the Logan, Utah-Idaho, area in this notice. The EPA
intends to act separately on the Logan, Utah-Idaho, area.
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    Table 1 provides a summary of the determinations of attainment and
determinations of failure to attain (reclassifications) being finalized
in this action.

 Table 1--Summary of Determinations of Attainment by the Attainment Date/Reclassifications for Certain Moderate
                              Nonattainment Areas for the 2006 24-Hour PM2.5 NAAQS
----------------------------------------------------------------------------------------------------------------
                                 2013-2015
  2006 24-hour PM2.5 NAAQS     Design value                              Final action
     nonattainment area        ([mu]g/m\3\)
----------------------------------------------------------------------------------------------------------------
Chico, CA...................              29  Determination of attainment.

Fairbanks, AK...............             124  Failed to attain; reclassification to Serious.
Imperial County, CA.........              33  Determination of attainment.
Knoxville-Sevierville-La                  20  Determination of attainment.
 Follette, TN.
Liberty-Clairton, PA........              33  Determination of attainment.
Nogales, AZ.................              28  Determination of attainment.
Provo, UT...................            * 50  Failed to attain; reclassification to Serious.
Sacramento, CA..............              35  Determination of attainment.
Salt Lake City, UT..........            * 45  Failed to attain; reclassification to Serious.
San Francisco Bay Area, CA..              30  Determination of attainment.
----------------------------------------------------------------------------------------------------------------
* See April 19, 2017, memorandum titled, Salt Lake and Provo, Utah PM2.5 2013-2015 24-hour Design Value, from
  Gail Fallon, U.S. EPA, Region 8, to the File.

C. Public Comments

    The public comment period for the EPA's December 16, 2016, proposal
closed on January 17, 2017. To review the comments received on the
proposed rule and the Response to Comment document that accompanies
this final rule, please go to https://www.regulations.gov and search
for Docket ID No. EPA-HQ-OAR-2016-0515. A majority of commenters
supported the EPA's proposal to determine that certain nonattainment
areas did not attain the 2006 24-hour PM2.5 NAAQS by the
applicable attainment date and thus the reclassification of the areas
to Serious. The EPA received comments expressing concerns about
proposed determinations for the Logan, Utah-Idaho, and Fairbanks,
Alaska, nonattainment areas, which are addressed here.
    Comment: Idaho Department of Environmental Quality (DEQ) opposed
the EPA's determination not to grant the 1-year extension and
subsequent determination that the Logan, Utah-Idaho, nonattainment area
failed to attain by the December 31, 2015, attainment date. Idaho DEQ
asserted that the area met the requirements under CAA section 188(d)
and the PM2.5 SIP Requirements Rule relevant to extensions
of the Moderate area attainment date (i.e., that the area has complied
with all requirements and commitments pertaining to the area in the
applicable implementation plans and monitoring data show that the 2015
98th percentile are below the PM2.5 NAAQS for the Franklin
County monitor on the Idaho side of the nonattainment area). Idaho DEQ
acknowledged that data were incomplete and requested that the EPA
determine the area's 2015 98th percentile data using the same data that
the EPA used to determine the area's 2013 to 2015 design value.
    Response: The EPA is considering these comments and is not taking
final action on the Logan, Utah-Idaho, nonattainment area at this time.
    Comment: Three commenters did not question the EPA's proposed
determination that the Fairbanks, Alaska, area failed to attain the
2006 24-hour NAAQS by December 31, 2015, but asserted that the Serious
area attainment plan for the Fairbanks, Alaska, 2006 24-hour
PM2.5 NAAQS nonattainment area should be due 18 months after
the effective date of the Serious area reclassification rather than
December 31, 2017. The commenters stated that, under CAA section
189(b)(2), states have 18 months from the effective date of a
reclassification to complete plans and that the change in the
submission deadline was not proposed during the EPA's rulemaking to
promulgate the PM2.5 SIP Requirements Rule. Commenters
pointed to ``two alternative schedules'' for SIP submissions in
response to mandatory and discretionary reclassifications to Serious,
and allege the EPA's PM2.5 SIP Requirements Rule is ``in
error by adding the clause that reflects the discretionary
reclassification language and mandatory language together.'' The Alaska
Department of Environmental Conservation also claimed that requiring
the state to submit the Serious area attainment plan by December 31,
2017, would result in insufficient time to prepare and adopt a very
complex plan with adequate public process and public participation.
    Response: The EPA acknowledges that meeting the Serious area
attainment plan submission deadline may be challenging for those areas
reclassified from Moderate to Serious in this final action, and
understands the desire for additional time. Because the submission due
date was established in the final PM2.5 SIP Requirements
Rule and the EPA did not propose any changes to this date in its
December 2016 proposal, we cannot make changes to this date here. In
that prior rulemaking, the EPA addressed the issue of when states must
submit Serious area attainment plans when they are reclassified, in
order to comport with statutory requirements for the attainment date
for such nonattainment areas. Accordingly, EPA promulgated 40 CFR
51.1003(b)(2)(ii), which provides that in the event of a mandatory
reclassification from Moderate to Serious upon a determination that an
area fails to attain, the state is required to submit the Serious area
attainment plan ``within 18 months from the effective date of
reclassification, or 2 years before the attainment date, whichever is
earlier.'' \5\ The EPA did not reopen the issue of the attainment plan
submission date in this action regarding determinations of attainment,
and merely noted the submission date for informational purposes. Even
though the comment on

the SIP submission due date is out of scope for this rulemaking action,
the EPA understands the significant effort involved in preparing an
attainment plan revision and stands ready to help the state prepare
this plan.
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    \5\ In the PM2.5 SIP Requirements Rule, the EPA
provided its reasoning for establishing the submission date
contained in 40 CFR 51.1003(b)(2)(ii). See generally 81 FR 58074-
58078 (comprehensive discussion of the rationale behind plan due
dates for areas subject to either a discretionary or a mandatory
reclassification to Serious); Response to Comments, pages 134-138,
available at https://www.regulations.gov under docket item EPA-HQ-
OAR-2013-0691-0145. As EPA explained, ``a minimum of 2 years is
appropriate because (1) it provides time for emission reduction
measures adopted by the state to take effect and improve air
quality; (2) it will allow the agency sufficient time to evaluate
and act on the Serious area attainment demonstration; and (3) for
every other NAAQS, the CAA SIP submission dates are generally 2
years or more prior to the attainment date.'' 81 FR 58077. The EPA
even included a discussion of what would arise if the deadline were
similar to that the commenters are advocating, explaining that
``[if] the plan is not submitted until just before year 10, and the
agency determines the plan will not lead to attainment, there will
be no time to take corrective action before the attainment date to
ensure attainment of the NAAQS.'' Id.
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    The EPA understands that in this particular instance, the
submission date for the Serious area attainment plan may be challenging
in light of the complexity of the air quality situation in the
Fairbanks, Alaska, nonattainment area and the need for public process
in adopting plans. The EPA will prioritize working with Alaska to help
the state prepare the required Serious area attainment plan as
expeditiously and efficiently as possible. The EPA also believes that
in light of the December 2015 Moderate area plan developed by the state
demonstrating it was impracticable to attain by the Moderate area
attainment date of December 31, 2015, and the work already done by the
state on the Serious area plan in anticipation of this determination of
failure to attain, a Serious area plan can be submitted in a timely
manner.

IV. Statutory and Executive Order Reviews

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

    This action is exempt from review by the Office of Management and
Budget (OMB) because it will satisfy the CAA obligation to make
determinations of attainment based on an area's air quality as of the
attainment date.

B. Paperwork Reduction Act (PRA)

    This rule does not impose any additional information collection
burden under the provisions of the PRA, 44 U.S.C. 3501 et seq. This
action to find that three Moderate PM2.5 nonattainment areas
listed in Table 1 have failed to attain the 2006 24-hour
PM2.5 NAAQS by their attainment date and to reclassify those
areas as Serious PM2.5 nonattainment areas does not
establish any new information collection burden not already covered
under OMB control number 2060-0611.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities.
Determinations that certain areas attained the 2006 24-hour
PM2.5 NAAQS do not create any new requirements.
Determinations that certain nonattainment areas failed to attain the
2006 24-hour PM2.5 NAAQS by their attainment date and the
resulting reclassification of these areas by operation of law under CAA
section 188(b)(2) similarly do not in and of themselves create any new
requirements. Instead, this rulemaking only makes factual
determinations, and does not directly regulate any entities.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. The EPA believes, as discussed previously in this
document, that a determination of nonattainment is a factual
determination based upon air quality considerations, and the resulting
reclassification of an area and the associated required revisions to
SIPs must occur by operation of law. Thus, this action imposes no
enforceable duty on any state, local or tribal governments or the
private sector.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government. Pursuant
to the CAA, this action determines whether the 2006 24-hour
PM2.5 nonattainment areas listed in Table 1 attained the
2006 24-hour PM2.5 NAAQS by the applicable attainment date,
and reclassifies as ``Serious,'' by operation of law, the areas that
did not do so.

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

    This action does not have tribal implications as specified in
Executive Order 13175. No tribal areas are located in the three areas
that failed to attain the 2006 24-hour PM2.5 NAAQS by the
applicable attainment date. The CAA and the Tribal Authority Rule
establish the relationship of the federal government and tribes in
developing plans to attain the NAAQS, and this rule does nothing to
modify that relationship. Thus, Executive Order 13175 does not apply to
this action.

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

    This action is not subject to Executive Order 13045 because it is
not economically significant as defined in Executive Order 12866, and
because the EPA does not believe any environmental health or safety
risks addressed by this action present a disproportionate risk to
children. This action determines that three 2006 24-hour
PM2.5 nonattainment areas, identified in Table 1, did not
attain the 2006 24-hour PM2.5 standard by their applicable
attainment date and thus these areas will be reclassified by operation
of law as Serious PM2.5 nonattainment areas.

H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use

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

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards. This action
merely determines that three 2006 24-hour PM2.5
nonattainment areas, identified in Table 1, did not attain the 2006 24-
hour PM2.5 standard by their applicable attainment date and
thus these areas will be reclassified by operation of law as Serious
PM2.5 nonattainment areas.

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

    The EPA believes that this action does not have disproportionately
high and adverse human health or environmental effects on minority
populations, low-income populations and/or indigenous peoples, as
specified in Executive Order 12898 (59 FR 7629, February 16, 1994).
This action merely determines that three 2006 24-hour PM2.5
nonattainment areas, identified in Table 1, did not attain by the
applicable attainment date and thus these nonattainment areas will be
reclassified by operation of law as Serious PM2.5
nonattainment areas. Reclassifying the three nonattainment areas from
Moderate to Serious will help protect all of those residing, working,
attending school, or otherwise present in those areas regardless of
minority or economic status.

K. Congressional Review Act (CRA)

    This rule is exempt from the CRA because it is a rule of particular
applicability that names specific entities where this rule makes
factual determinations and does not directly regulate any entities. The
determinations of attainment and failure to attain the 2006 24-hour
PM2.5 NAAQS (and resulting reclassifications) contained in
this final rule do not in and of themselves create any new

requirements beyond what is already mandated by the CAA.

L. Judicial Review

    Under CAA section 307(b)(1) of the CAA, petitions for judicial
review of final actions that are locally and regionally applicable may
be filed only in the United States Court of Appeals for the appropriate
circuit. However, the statute also provides that notwithstanding that
general rule, ``a petition for review of any action . . . may be filed
only in the United States Court of Appeals for the District of Columbia
if such action is based on a determination of nationwide scope or
effect and if in taking such action the Administrator finds and
publishes that such action is based on such determination.'' 42 U.S.C.
7607(b)(1). See also Dalton Trucking v. EPA, 808 F.3d 875 (D.C. Circuit
2015). Because this final action makes findings with regard to
nonattainment areas across the country and interprets the CAA and
applies such interpretations to states and nonattainment areas across
the country, the Administrator finds that this action has nationwide
scope and effect. Therefore, in accordance with CAA section 307(b)(1),
petitions for review of this final action may be filed only in the
United States Court of Appeals for the District of Columbia Circuit by
July 10, 2017. Note, under CAA section 307(b)(2), the requirements
established by this final rule may not be challenged separately in any
civil or criminal proceedings for enforcement.

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Ammonia, Fine
particulate matter, Incorporation by reference, Intergovernmental
relations, Nitrogen oxides, Reporting and recordkeeping requirements,
Sulfur dioxides, Volatile organic compounds.

40 CFR Part 81

    Environmental protection, Air pollution control, Ammonia, Fine
particulate matter, Intergovernmental relations, Nitrogen oxides,
Reporting and recordkeeping requirements, Sulfur dioxides, Volatile
organic compounds.

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

    Dated: April 28, 2017.
E. Scott Pruitt,
Administrator.

0
For the reasons stated in the preamble, title 40, chapter I of the Code
of Federal Regulations is to be 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 D--Arizona

0
2. Section 52.131 is amended by adding paragraph (c) to read as
follows:

Sec.  52.131  Control Strategy and regulations: Fine Particle Matter.

* * * * *
    (c) Determination of attainment. Effective June 9, 2017, the EPA
has determined that, based on 2013 to 2015 ambient air quality data,
the Nogales, AZ PM2.5 nonattainment area has attained the
2006 24-hour PM2.5 NAAQS by the applicable attainment date
of December 31, 2015. Therefore, the EPA has met the requirement
pursuant to CAA section 188(b)(2) to determine whether the area
attained the standard. The EPA also has determined that the Nogales, AZ
nonattainment area will not be reclassified for failure to attain by
its applicable attainment date under section 188(b)(2).

Subpart F--California

0
3. Section 52.247 is amended by adding paragraphs (j), (k), (l), and
(m) to read as follows:

Sec.  52.247  Control Strategy and regulations: Fine Particle Matter.

* * * * *
    (j) Determination of attainment. Effective June 9, 2017, the EPA
has determined that, based on 2013 to 2015 ambient air quality data,
the Chico, CA PM2.5 nonattainment area has attained the 2006
24-hour PM2.5 NAAQS by the applicable attainment date of
December 31, 2015. Therefore, the EPA has met the requirement pursuant
to CAA section 188(b)(2) to determine whether the area attained the
standard. The EPA also has determined that the Chico, CA nonattainment
area will not be reclassified for failure to attain by its applicable
attainment date under section 188(b)(2).
    (k) Determination of attainment. Effective June 9, 2017, the EPA
has determined that, based on 2013 to 2015 ambient air quality data,
the Imperial County, CA PM2.5 nonattainment area has
attained the 2006 24-hour PM2.5 NAAQS by the applicable
attainment date of December 31, 2015. Therefore, the EPA has met the
requirement pursuant to CAA section 188(b)(2) to determine whether the
area attained the standard. The EPA also has determined that the
Imperial County, CA nonattainment area will not be reclassified for
failure to attain by its applicable attainment date under section
188(b)(2).
    (l) Determination of attainment. Effective June 9, 2017, the EPA
has determined that, based on 2013 to 2015 ambient air quality data,
the Sacramento, CA PM2.5 nonattainment area has attained the
2006 24-hour PM2.5 NAAQS by the applicable attainment date
of December 31, 2015. Therefore, the EPA has met the requirement
pursuant to CAA section 188(b)(2) to determine whether the area
attained the standard. The EPA also has determined that the Sacramento,
CA nonattainment area will not be reclassified for failure to attain by
its applicable attainment date under section 188(b)(2).
    (m) Determination of attainment. Effective June 9, 2017, the EPA
has determined that, based on 2013 to 2015 ambient air quality data,
the San Francisco Bay, CA PM2.5 nonattainment area has
attained the 2006 24-hour PM2.5 NAAQS by the applicable
attainment date of December 31, 2015. Therefore, the EPA has met the
requirement pursuant to CAA section 188(b)(2) to determine whether the
area attained the standard. The EPA also has determined that the San
Francisco Bay, CA nonattainment area will not be reclassified for
failure to attain by its applicable attainment date under section
188(b)(2).

Subpart NN--Pennsylvania

0
4. Section 52.2059 is amended by adding paragraph (v) to read as
follows:

Sec.  52.2059  Control strategy: Particulate matter.

* * * * *
    (v) Determination of attainment. Effective June 9, 2017, the EPA
has determined that, based on 2013 to 2015 ambient air quality data,
the Liberty-Clairton, PA PM2.5 nonattainment area has
attained the 2006 24-hour PM2.5 NAAQS by the applicable
attainment date of December 31, 2015. Therefore, the EPA has met the
requirement pursuant to CAA section 188(b)(2) to determine whether the
area attained the standard. The EPA also has determined that the
Liberty-Clairton, PA nonattainment area will not be reclassified for
failure to attain by its applicable attainment date under section
188(b)(2).

Subpart RR--Tennessee

0
5. Section 52.2231 is amended by adding paragraph (f) to read as
follows:

Sec.  52.2231  Control strategy: Sulfur oxides and particulate matter.

* * * * *
    (f) Determination of attainment. Effective June 9, 2017, the EPA
has determined that, based on 2013 to 2015 ambient air quality data,
the Knoxville-Sevierville-La Follette, Tennessee PM2.5
nonattainment area has attained the 2006 24-hour PM2.5 NAAQS
by the applicable attainment date of December 31, 2015. Therefore, the
EPA has met the requirement pursuant to CAA section 188(b)(2) to
determine whether the area attained the standard. The EPA also has
determined that the Knoxville-Sevierville-La Follette, Tennessee
nonattainment area will not be reclassified for failure to attain by
its applicable attainment date under section 188(b)(2).

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
6. The authority citation for part 81 continues to read as follows:

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

Subpart C--Section 107 Attainment Status Designations

0
7. Section 81.302 is amended in the table ``Alaska--2006 24-Hour
PM2.5 NAAQS (Primary and secondary)'' by revising the
entries for ``Fairbanks, AK'' to read as follows:

Sec.  81.302  Alaska.

* * * * *

                                        Alaska--2006 24-Hour PM2.5 NAAQS
                                             [Primary and secondary]
----------------------------------------------------------------------------------------------------------------
                                                  Designation \a\                         Classification
         Designated area          ------------------------------------------------------------------------------
                                      Date \1\                 Type                 Date \2\           Type
----------------------------------------------------------------------------------------------------------------
Fairbanks, AK:
AQCR 09 Northern Alaska
 Intrastate:
    Fairbanks North Star Borough   ..............  Nonattainment...............          6/9/17  Serious.
     (part).
        The following townships
         and ranges: --MTRS
         F001N001--All Sections;
         --MTRS F001N001E--
         Sections 2-11, 14-23, 26-
         34; --MTRS F001N002--
         Sections 1-5, 8-17, 20-
         29, 32-36; --MTRS
         F001S001E--Sections 1, 3-
         30, 32-36; --MTRS
         F001S001W--Sections 1-
         30; --MTRS F001S002E--
         Sections 6-8, 17-20, 29-
         36; --MTRS F001S002W--
         Sections 1-5, 8-17, 20-
         29, 32-33; --MTRS
         F001S003E--Sections 31-
         32; --MTRS F002N001E--
         Sections 31-35; --MTRS
         F002N001--Sections 28,
         31-36; --MTRS F002N002--
         Sections 32-33, 36; --
         MTRS F002S001E--Sections
         1-2; --MTRS F002S002E--
         Sections 1-17, 21-24; --
         MTRS F002S003E--Sections
         5-8, 18.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 30 days after November 13, 2009, unless otherwise noted.
\2\ This date is July 2, 2014, unless otherwise noted.

* * * * *

0
8. Section 81.345 is amended in the table ``Utah--2006 24-Hour
PM2.5 NAAQS (Primary and secondary)'' by revising the
entries for ``Provo, UT'' and ``Salt Lake City, UT'' to read as
follows:

Sec.  81.345  Utah.

* * * * *

                                         Utah--2006 24-Hour PM2.5 NAAQS
                                             [Primary and secondary]
----------------------------------------------------------------------------------------------------------------
                                                  Designation \a\                         Classification
         Designated area          ------------------------------------------------------------------------------
                                      Date \1\                 Type                 Date \2\           Type
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Provo, UT:
    Utah County (part)...........  ..............  Nonattainment...............          6/9/17  Serious.
        The area of Utah County
         that lies west of the
         Wasatch Mountain Range
         (and this includes the
         Cities of Provo and
         Orem) with an eastern
         boundary for Utah County
         to be defined as the
         following Townships:
         Township 3 South Range 1
         East; Township 4 South
         Range 2 East; Township 5
         South Range 3 East;
         Township 6 South Range 3
         East; Township 7 South
         Range 3 East; Township 8
         South Range 3 East;
         Township 9 South Range 3
         East; Township 10 South
         Range 2 East.
Salt Lake City, UT:
    Box Elder County (part)......  ..............  Nonattainment...............          6/9/17  Serious.

        The following Townships
         or portions thereof as
         noted (including Brigham
         City): Township 7 North
         Range 2 West; Township 8
         North Range 2 West;
         Township 9 North Range 2
         West; Township 10 North
         Range 2 West; Township
         11 North Range 2 West;
         Township 12 North Range
         2 West; Township 13
         North Range 2 West;
         Township 9 North Range 3
         West; Township 10 North
         Range 3 West; Township
         11 North Range 3 West;
         Township 12 North Range
         3 West; Township 13
         North Range 3 West;
         Township 13 North Range
         4 West; Township 12
         North Range 4 West;
         Township 11 North Range
         4 West; Township 10
         North Range 4 West;
         Township 9 North Range 4
         West; Township 13 North
         Range 5 West; Township
         12 North Range 5 West;
         Township 11 North Range
         5 West; Township 10
         North Range 5 West;
         Township 9 North Range 5
         West; Township 13 North
         Range 6 West; Township
         12 North Range 6 West;
         Township 11 North Range
         6 West; Township 10
         North Range 6 West;
         Township 9 North Range 6
         West; Township 7 North
         Range 1 West (portion
         located in Box Elder
         County); Township 8
         North Range 1 West
         (portion located in Box
         Elder County); Township
         9 North Range 1 West
         (portion located in Box
         Elder County).
    Davis County.................  ..............  Nonattainment...............          6/9/17  Serious.
    Salt Lake County.............  ..............  Nonattainment...............          6/9/17  Serious.
    Tooele County (part).........  ..............  Nonattainment...............          6/9/17  Serious.
        The following Townships
         or portions thereof as
         noted (including Tooele
         City): Township 1 South
         Range 3 West; Township 2
         South Range 3 West;
         Township 3 South Range 3
         West; Township 3 South
         Range 4 West; Township 2
         South Range 4 West;
         Township 2 South Range 5
         West; Township 3 South
         Range 5 West; Township 3
         South Range 6 West;
         Township 2 South Range 6
         West; Township 1 South
         Range 6 West; Township 1
         South Range 5 West;
         Township 1 South Range 4
         West; Township 1 South
         Range 7 West; Township 2
         South Range 7 West;
         Township 3 South Range 7
         West; all Sections
         within Township 4 South
         Range 7 West except for
         Sections 29, 30, 31 and
         32; Township 4 South
         Range 6 West; Township 4
         South Range 5 West;
         Township 4 South Range 4
         West; Township 4 South
         Range 3 West.
    Weber County (part)..........  ..............  Nonattainment...............          6/9/17  Serious.
        The area of Weber County
         that lies west of the
         Wasatch Mountain Range
         with an eastern boundary
         for Weber County to be
         defined as the following
         Townships (or portion
         thereof) extending to
         the western boundary of
         Weber County: Township 5
         North Range 1 West;
         Township 6 North Range 1
         West; all Sections
         within Township 7 North
         Range 1 West located
         within Weber County
         except for Sections 1,
         2, 3, 4, 11, 12, 13 and
         24; Township 7 North
         Range 2 West (portion
         located in Weber County).

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 30 days after November 13, 2009, unless otherwise noted.
\2\ This date is July 2, 2014, unless otherwise noted.

* * * * *
[FR Doc. 2017-09391 Filed 5-9-17; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 20 (Tuesday, February 2, 2021)]
[Notices]
[Pages 7919-7920]
[FR Doc No: 2021-02130]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. 2120-0076]

Agency Information Collection Activities: Requests for Comments;
Clearance of Renewed Approval of Information Collection: Renewal of
AVIATOR Customer Satisfaction Survey

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval to renew an information
collection. The collection involves on-line, electronic applicant
(customer) answers to standard survey questions. The questions are
presented as multiple choice selections and free-form text areas where
applicants can choose their desired answer and, if they wish, add
additional comments. The information to be collected will be used to
and is necessary to gage the level of user satisfaction with the
AVIATOR system. Additionally, the surveys are used to obtain
benchmarking and feedback to ensure quality.

DATES: Written comments should be submitted by April 5, 2021.

ADDRESSES: Please send written comments:
    By Electronic Docket: www.regulations.gov (Enter docket number into
search field).
    By mail: Toni Main-Valentin, Federal Aviation Administration, AHP-
100, 6500 S MacArthur Blvd., Oklahoma City, OK 73169.
    By email<EMAIL_ADDRESS>    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.

FOR FURTHER INFORMATION CONTACT:  Toni Main-Valentin by email at:
[email protected]; phone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 2120-0076.
    Title: AVIATOR Customer Satisfaction Survey.
    Form Numbers: N/A (electronic).
    Type of Review: Renewal of an information collection.
    Background: The Government Performance and Results Act of 1993
(GPRA) Section 2(b)(3) requires agencies to ``improve Federal program
effectiveness and public accountability by promoting a new focus on
results, service quality, and customer satisfaction''. In addition, as
stated in the White House ``Memorandum for Heads of Executive
Departments and Agencies'' regarding Executive Order No. 12862, ``the
actions the order prescribes, such as surveying customers, surveying
employees, and benchmarking, shall be continuing agency activities''.
This collection supports the above directives as well as the DOT
strategic goal of Organizational Excellence.
    In compliance with the Government Paperwork Elimination Act (GPEA),
all of our data collection will be 100% electronic using an online
form; Applicants will be asked to complete the survey just before they
exit the system. This survey is designed to identify potential problems
with FAA's automated staffing solutions, as well as to evaluate
customer satisfaction with the on-line application process. The
information is not gathered by any other collection. It will be
difficult, if not impossible to improve our overall performance and
customer satisfaction without using this survey.
    Respondents: Completion of the Survey is completely optional. It is
presented electronically to all individuals who apply on job vacancy
announcements for FAA employment. If the applicant chooses not to
complete the Survey at the time of application the Survey will be
available if/when the individual returns to the AVIATOR system to
update their job application or when they elect to review their
application status.
    Frequency: On every job vacancy announcement for each individual
applicant (unless the individual completes the Survey on an
announcement; in this situation, the Survey is no longer presented to
the applicant for this vacancy announcement).
    Estimated Average Burden per Response: We estimate that it will
take each of our 138,953 (total for 2019) applicants three minutes to
complete one survey for a total of 416,859 hours if all applicants
choose to complete the survey. Statistics show that an average of 21.3%
of the applicants (13,019 for 2019) complete a survey resulting in an
estimate of 651 total hours.
    The survey is presented in three sections; USAJobs portion of the
application process, FAA portion of the application process, and the
Overall Application Process. Both the AVIATOR and USAJobs Process
sections begin with a question to determine if the applicant is a
first-time user of the particular system (``Was this your first time
applying for a job using the USAJOBS application process?'' and ``Was
this your first time applying for a FAA job?''), followed by ``Yes''
and ``No'' optional answers.
    In the USAJobs section, applicants are presented the set of
statements below. They will be asked to give their level of agreement
with each statement by selecting one of the following five choices:
Strongly agree, agree, disagree, strongly disagree, or no basis to
judge.
    Applicant Statements:
    (1) Overall, my satisfaction with the USAJOBS portion of this
application process was positive.
    (1) I was able to navigate around the USAJOBS website with little
or no difficulty.
    (2) I was able to complete and/or upload my resume in USAJOBS with
little or no difficulty.
    (3) I was able to successfully upload and attach my documents in
USAJOBS with little or no difficulty.
    (4) I was able to get assistance with USAJOBS as needed.
    Applicants will also be given the opportunity to add additional
comments in two separate text areas provided in this section.
    In the AVIATOR section, applicants are presented the set of
statements below. They will be asked to give their level of agreement
with each statement by selecting one of the following five choices:
Strongly agree, agree, disagree, strongly disagree, or no basis to
judge.
    Applicant Statements:
    (1) Overall, my satisfaction with the FAA AVIATOR portion of this
application process was positive.
    (2) I was able to navigate around the FAA AVIATOR website with
little or no difficulty.
    (3) I was able to complete and submit the application with no
difficulty (only applicable to applicants whose responses met the
eligibility requirements of the position).
    (4) The FAA AVIATOR system notified me when there was a problem
with my application (applicable to applicants whose responses did NOT
meet the eligibility requirements of the position).
    (5) I was able to get assistance with the FAA AVIATOR system as
needed.
    Applicants will also be given the opportunity to add additional
comments in two separate text areas provided in this section.
    In the Overall Process section, applicants are presented the set of
statements below. They will be asked to give their level of agreement
with each statement by selecting one of the following five choices:
Strongly agree, agree, disagree, strongly disagree, or no basis to
judge.
    Applicant Statements:
    (1) The steps required to apply for the position were clear to me.
    (2) The transition between USAJOBS and FAA AVIATOR system was
seamless.
    (3) I like being able to store my resumes and documents and attach
them to my FAA job application(s).
    (4) This online process will make it easier for me to apply to
future jobs for the FAA.
    Applicants will also be given the opportunity to add additional
comments in a single text area in this section.

Estimated Total Annual Burden

    Cost of the time burden for respondents: 13,019 respondents x 0.05
hours x $25.72/hour * = $16,742.43. (* Source: BLS Mean Hourly Wage for
All Occupations, http://www.bls.gov/oes/current/oes_nat.htm#00-0000).

    Issued in Washington, DC, on January 27, 2021.
Alpha Woodson-Smith,
Computer Scientist, Program Manager, Federal Aviation Administration,
Office of Finance and Management (AFN), Information Technology Division
(AIT), Enterprise Program Management Service, Business Management
Portfolio (AEM-320).
[FR Doc. 2021-02130 Filed 2-1-21; 8:45 am]
BILLING CODE 4910-13-P