[Federal Register Volume 81, Number 38 (Friday, February 26, 2016)]
[Notices]
[Pages 9909-9910]
[FR Doc No: 2016-04108]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77199; File No. SR-ISE-2016-05]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change To Correct the Text of ISE Rule 313

February 22, 2016.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act'' or the ``Exchange Act''),\1\ and Rule 19b-4 thereunder,\2\
notice is hereby given that on February 9, 2016, the International
Securities Exchange, LLC (the ``Exchange'' or the ``ISE'') filed with
the Securities and Exchange Commission the proposed rule change as
described in Items I, II, and III below, which Items have been prepared
by the self-regulatory organization. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
---------------------------------------------------------------------------

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

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

    ISE proposes to correct, .08 of Supplementary Material to Rule 313,
Registration Requirements, which describes the categories of
registration and respective qualification examinations required for
individual associated persons (``associated persons'') that engage in
the securities activities of members on the Exchange. This amendment
proposes to replace the inadvertent use of the term ``Permit Holder''
with ``Member'' which is the correct term used throughout the ISE
Rulebook to describe a member of the Exchange. The text of the proposed
rule change is available on the Exchange's Web site at www.ise.com, at
the principal office of the Exchange, and at the Commission's Public
Reference Room.

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

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of these statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant 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 purpose of this proposed rule change is to make corrections to
.08 of Supplementary Material to Rule 313, Registration Requirements,
which describes the categories of registration and respective
qualification examinations required for associated persons that engage
in the securities activities of members on the Exchange. This amendment
proposes to replace the inadvertent use of the term ``Permit Holder''
with ``Member'' because ``Member'' is the correct term used throughout
the ISE Rulebook to describe a member of the Exchange.
    In December of 2015, ISE proposed to, among other things, (1)
replace the Proprietary Trader registration category and the Series 56
Proprietary Trader registration qualification examination with the
Securities Trader category of registration and the Series 57 Securities

Trader registration qualification examination for Securities Traders
respectively and (2) replace the Proprietary Trader Principal
registration category with the registration category of Securities
Trader Principal and require Securities Trader Principals to take the
Series 57 qualification examination in addition to the Series 24
qualification examination.\3\
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 76835 (January 5,
2016), 81 FR 1245 (January 11, 2016), SR-ISE-2015-44.
---------------------------------------------------------------------------

    Currently, .08 of Supplementary Material to Rule 313, Registration
Requirements, inadvertently uses the term ``Permit Holder'' rather than
``Member,'' which is the correct term used throughout the ISE Rulebook
describe a member of the Exchange. ISE now proposes to amend .08 to
Supplementary Material to Rule 313 to reflect ISE's longstanding use of
the term ``Member'' to describe members of the Exchange.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \4\ in general, and furthers the objectives of Section
6(b)(5) \5\ 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 a national market system, and, in
general, to protect investors and the public interest. The Exchange
believes it is appropriate to make the proposed replacement of ``Permit
Holder'' with ``Member'' so that the correct term is used in its rules.
Additionally, replacing the inadvertent use of the term ``Permit
Holder'' with ``Member'' will create consistency and eliminate
confusion in its rules.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    This proposed rule change does not impose any burden on competition
that is not necessary or appropriate in furtherance of the purposes of
the Exchange Act because ISE is correcting its rule text to replace the
inadvertent use of the term ``Permit Holder'' with ``Member'' because
``Member'' is the correct term used throughout the ISE Rulebook to
describe a member of the Exchange.

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

    The Exchange has neither solicited nor received written comments on
this proposed rule change. The Exchange has not received any written
comments from members or other interested parties.

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

    Because the foregoing proposed rule change does not significantly
affect the protection of investors or the public interest, does not
impose any significant burden on competition, and, by its terms, does
not 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 \6\ and Rule 19b-
4(f)(6) thereunder.\7\ The Exchange provided the Commission with
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at least
five business days prior to the date of filing the proposed rule
change, or such shorter time as designated by the Commission, as
required by Rule 19b-4(f)(6).
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-ISE-2016-05 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-ISE-2016-05. 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. Copies of such
filing also will be available for inspection and copying at the
principal office of the ISE. 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-ISE-2016-05 and should be submitted by March 18, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
Robert W. Errett,
Deputy Secretary.
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

[FR Doc. 2016-04108 Filed 2-25-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 203 (Friday, October 21, 2022)]
[Notices]
[Pages 64030-64031]
[FR Doc No: 2022-22885]

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

ENVIRONMENTAL PROTECTION AGENCY

[FRL OP-OFA-040]

Environmental Impact Statements; Notice of Availability

    Responsible Agency: Office of Federal Activities, General
Information<PHONE_NUMBER> or https://www.epa.gov/nepa.

Weekly receipt of Environmental Impact Statements (EIS)
Filed October 7, 2022 10 a.m. EST Through October 17, 2022 10 a.m. EST
Pursuant to 40 CFR 1506.9.

    Notice: Section 309(a) of the Clean Air Act requires that EPA make
public its comments on EISs issued by other Federal agencies. EPA's
comment letters on EISs are available at: https://

cdxapps.epa.gov/cdx-enepa-II/public/action/eis/search.

EIS No. 20220150, Final, NMFS, Other, Saltonstall-Kennedy Research and
Development Program Programmatic Environmental Impact Statement, Review
Period Ends: 11/21/2022, Contact: Clifford Cosgrove<PHONE_NUMBER>.
EIS No. 20220151, Draft, FERC, MN, Northern Lights 2023 Expansion
Project, Comment Period Ends: 12/05/2022, Contact: Office of External
Affairs<PHONE_NUMBER>.

Amended Notice

EIS No. 20220147, Draft, USN, DC, Proposed Land Acquisition at
Washington Navy Yard, Washington, DC, Comment Period Ends: 12/02/2022,
Contact: Nik Tompkins-Flagg<PHONE_NUMBER>. Revision to FR Notice
Published 10/14/2022; Extending the Comment Period from 11/28/2022 to
12/02/2022.

    Dated: October 17, 2022.
Cindy S. Barger,
Director, NEPA Compliance Division, Office of Federal Activities.
[FR Doc. 2022-22885 Filed 10-20-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 180 (Monday, September 17, 2012)]
[Rules and Regulations]
[Pages 57029-57032]
[FR Doc No: 2012-22771]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2010-0300; FRL-9715-1]

Approval and Promulgation of State Implementation Plan Revisions;
Infrastructure Requirements for the 1997 8-Hour Ozone National Ambient
Air Quality Standards; North Dakota

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is in part approving and in part conditionally approving
two State Implementation Plan (SIP) submissions made by the State of
North Dakota. The SIP submissions demonstrate that North Dakota's SIP
meets the requirements of section 110(a)(1) and (2) of the Clean Air
Act (CAA) for the National Ambient Air Quality Standards (NAAQS)
promulgated for ozone on July 18, 1997. Section 110(a)(1) of the CAA
requires that each state, after a new or revised NAAQS is promulgated,
review their SIPs to ensure that they meet the requirements of the
``infrastructure elements'' of section 110(a)(2). The State of North
Dakota submitted revisions to their Infrastructure SIP for the 1997
ozone NAAQS, dated April 6, 2009, as well as a certification of the
adequacy of their infrastructure SIP for the 1997 ozone NAAQS, dated
November 23, 2009. This action is being taken under section 110 of the
Clean Air Act.

DATES: Effective Date: This final rule is effective October 17, 2012.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R08-OAR-2010-0300. All documents in the docket are listed on
the www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, e.g., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the Internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
electronically through www.regulations.gov or in hard copy at the Air
Program, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop
Street, Denver, Colorado 80202-1129. EPA requests that if at all
possible, you contact the individual listed in the FOR FURTHER
INFORMATION CONTACT section to view the hard copy of the docket. You
may view the hard copy of the docket Monday through Friday, 8 a.m. to 4
p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Kathy Ayala, Air Program, U.S.
Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595
Wynkoop Street, Denver, Colorado 80202-1129,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background for This Action
II. Response to Comments
III. Final Action
IV. Statutory and Executive Order Reviews

Definitions

    For the purpose of this document, we are giving meaning to certain
words or initials as follows:
    (i) The words or initials Act or CAA mean or refer to the Clean Air
Act, unless the context indicates otherwise.
    (ii) The initials DAQ mean or refer to Division of Air Quality.
    (iii) The words EPA, we, us or our mean or refer to the United
States Environmental Protection Agency.
    (iv) The initials GHGs mean or refer to greenhouse gases.
    (v) The initials NAAQS mean or refer to national ambient air
quality standards.
    (vi) The initials NDAC mean or refer to North Dakota Administrative
Code.
    (vii) The initials NDCC mean or refer to North Dakota Century Code.
    (viii) The initials NOX mean or refer to nitrogen
oxides.
    (ix) The initials NSR mean or refer to new source review.
    (x) The initials PM2.5 mean or refer to particulate
matter with an aerodynamic diameter of less than 2.5 micrometers (fine
particulate matter).
    (xi) The initials ppm mean or refer to parts per million.
    (xii) The initials PSD mean or refer to Prevention of Significant
Deterioration.
    (xiii) The initials SIP mean or refer to State Implementation Plan.
    (xiv) The initials SSM mean or refer to start-up, shutdown, or
malfunction.

I. Background for This Action

    On July 18, 1997, EPA promulgated new NAAQS for ozone based on 8-
hour average concentrations. The 8-hour averaging period replaced the
previous 1-hour averaging period, and the level of the NAAQS was
changed from 0.12 parts per million (ppm) to 0.08 ppm (62 FR 38856). By
statute, SIPs meeting the requirements of sections 110(a)(1) and (2)
are to be submitted by states within three years after promulgation of
a new or revised standard. Section 110(a)(2) provides basic
requirements for SIPs, including emissions inventories, monitoring, and
modeling, to assure attainment and maintenance of the standards. These
requirements are set out in several ``infrastructure elements,'' listed
in section 110(a)(2).
    Section 110(a) imposes the obligation upon states to make a SIP
submission to EPA for a new or revised NAAQS, and the contents of that
submission may vary depending upon the facts and circumstances. In
particular, the data and analytical tools available at the time a state
develops and submits its SIP for a new or revised NAAQS affects the
content of the submission. The contents of such SIP submissions may
also vary depending upon what provisions a state's existing SIP already
contains. In the case of the 1997 ozone NAAQS, states typically have
met the basic program elements required in section 110(a)(2) through
earlier SIP submissions in connection with previous NAAQS. In a
guidance issued on October 2, 2007, EPA noted that, to the extent an
existing SIP already meets the section 110(a)(2) requirements, states
need only to certify that fact via a letter to EPA.\1\ North Dakota
submitted

revisions to its SIP on April 6, 2009, which are being approved and are
included in the state's infrastructure checklist and certification,
dated November 23, 2009, that its infrastructure SIP requirements are
met for the 1997 ozone NAAQS.
---------------------------------------------------------------------------

    \1\ Memorandum from William T. Harnett, Director, Air Quality
Policy Division, ``Guidance on SIP Elements Required Under Sections
110(a)(1) and (2) for the 1997 8-hour Ozone and PM2.5
National Ambient Air Quality Standards'' (Oct. 2, 2007).
---------------------------------------------------------------------------

    On April 16, 2012 EPA published a notice of proposed rulemaking
(NPR) for the State of North Dakota. The NPR proposed approval of
elements (A), (B), (C), (D)(ii), (E)(i), (E)(iii), (F), (G), (H), (J),
(K), (L), and (M) and conditional approval of element 110(a)(2)(E)(ii).
In the NPR, we discussed our reasons for our proposed approval and
conditional approval. We are completing our proposed action for the
reasons given in the NPR. However, we find it appropriate to further
explain our conditional approval for element 110(a)(2)(E)(ii).
    In the NPR, we noted the link between element 110(a)(2)(E)(ii) and
section 128 of the CAA. We then presented three considerations for
implementing section 128 and applied these considerations to North
Dakota's situation. We concluded that North Dakota, as a state without
a board or body that approves permits or enforcement orders under the
Act, was not subject to the requirements of section 128(a)(1), and was
obliged to submit a SIP revision to meet the requirements of section
128(a)(2). We briefly described procedures that North Dakota has
committed to submit as a SIP revision, procedures which were detailed
in North Dakota's commitment letter in the docket, and we then briefly
stated that, due to a requirement for recusal, the procedures were more
stringent than the minimum requirements of 128(a)(2). As a result, we
proposed conditional approval of North Dakota's infrastructure SIP for
element 110(a)(2)(E)(ii) for the 1997 ozone NAAQS.
    In this notice, EPA completes that conditional approval, and finds
it appropriate to further explain how the elements of North Dakota's
procedures satisfy the requirement for adequate disclosure of potential
conflicts of interest. This explanation is not intended to imply that
any other, different approaches would or would not meet the
requirements of section 128(a)(2). Thus, EPA corrects our statements in
the proposal to the extent they imply that North Dakota's procedures
necessarily exceed the minimum requirements of section 128(a)(2), but
we do not change the conclusion that the procedures meet these
requirements.
    Turning to our explanation, we first note that the set of persons
to which the SIP revision will apply is adequate. As explained in our
proposal, in a situation such as North Dakota's, in which there is no
board or body that approves permits or enforcement orders under the
Act, section 128(a)(2) then applies to the ``head of an executive
agency with similar powers,'' that is, the head of an executive agency
that approves permits or enforcement orders under the Act. As further
explained in our proposal, this requirement should extend to any lower
officer of an executive agency who is delegated authority by the head
of the executive agency to approve permits or enforcement orders, or
who is directly vested with this authority by statute. North Dakota has
committed to, in its SIP revision, making the procedures applicable to
any person in the State agency who approves permits or enforcement
actions under North Dakota's implementation of the Act. This is
sufficiently broad to include such lower officers.
    Second, the North Dakota procedures address an adequately broad set
of potential conflicts of interest. Under the procedures, a conflict of
interest is defined as the conflict between the duties of the person
subject to the procedure and the self-interest or other interests of
the person. The procedures additionally state that persons subject to
it must avoid any interest, influence, or relationship that might
conflict or appear to conflict with the best interests of the state
agency or the state, or that might affect the person's working judgment
or loyalty. Because the procedures are not limited to the self-interest
of the person but also include other interests, influences, and
relationships, they extend beyond the minimum case where the person's
own financial interest would create a conflict. In addition, because
the procedures apply to interests, influences, and relationships that
might appear to create a conflict or might affect the person's working
judgment or loyalty, they are not dependent on a subjective standard as
to whether a particular individual would actually have their working
judgment or loyalty affected.
    Third, the mechanics of the North Dakota procedures are adequate.
The disclosure must be in writing and identify the potential conflict
and its cause. The disclosure must be provided to a superior, and the
person subject to the conflict must remove themselves from any
negotiations, deliberations, or decisions involving the conflict. Thus,
the conflict is adequately memorialized, an appropriate party is made
aware of the conflict and a resolution of the conflict (e.g., recusal)
is reached.
    Finally, the purpose of the North Dakota procedures adequately
relates to the purpose of section 128 as a whole. The overall purpose
of section 128 appears to be that final decisions on permits or
enforcement orders are not unduly influenced. However, as explained
above, section 128(a)(1) does not apply in North Dakota's case. In such
a case, it is reasonable for the state, as an alternative approach to
meet the overall purpose of section 128 (and not the particular
requirements of section 128(a)(1)), to require recusal in addition to
disclosure. EPA therefore concludes that the SIP revision that North
Dakota has committed to submit meets the requirements of section
128(a)(2) and that the North Dakota infrastructure SIP for the 1997
ozone NAAQS should be conditionally approved for section
110(a)(2)(E)(ii).
    In this action, EPA also completes our proposed approval of
portions of North Dakota's April 6, 2009 SIP submission. Specifically,
EPA approves into the North Dakota SIP revisions sections 6.8, 6.11.3,
and chapter 9, Air Pollution Control Rules of the State of North
Dakota, and the addition of sections 1.14 and 7.7 to the Air Pollution
Control Rules of the State of North Dakota.

II. Response to Comments

    EPA did not receive comments regarding our proposed rule for action
on North Dakota's SIP submittals.

III. Final Action

    In this action, EPA is approving in full the following section
110(a)(2) infrastructure elements for North Dakota for the 1997 ozone
NAAQS: (A), (B), (C), (D)(ii), (E)(i), (E)(iii), (F), (G), (H), (J),
(K), (L), and (M).
    In this action, EPA is conditionally approving section
110(a)(2)(E)(ii) for the 1997 ozone NAAQS and will fully approve this
element if North Dakota takes the action detailed in the State's March
8, 2012 commitment letter, including submission of a SIP revision as
described within the commitment letter, within one year after the
publication date of this final action. If, however, North Dakota does
not submit the SIP revisions specified in its commitment letter within
one year after the publication date of this final action, EPA's
conditional approval will automatically revert to disapproval of the
infrastructure SIP for section 110(a)(2)(E)(ii) for the 1997 ozone
NAAQS.
    In this action, EPA also approves into the North Dakota SIP
revisions to sections 6.8 (Annual Network Review), 6.11.3 (Air Quality
Surveillance: Ozone), and chapter 9 (Resources), Air

Pollution Control Rules of the State of North Dakota, and the addition
of sections 1.14 (Revisions to the Implementation Plan), and 7.7 (Air
Quality Modeling) to the Air Pollution Control Rules of the State of
North Dakota.

IV. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it 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).
    This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does 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, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. This rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it approves a state rule
implementing a Federal standard.
    In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
state to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission; to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. section 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
rule 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.
section 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 November 16, 2012. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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: July 31, 2012.
James B. Martin,
Regional Administrator, Region 8.

PART 52 [AMENDED]

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

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

Subpart JJ--North Dakota

0
2. Section 52.1820 in paragraph (e) is amended by:
0
a. Revising table entry ``(1)''; and
0
b. Adding to the table entries ``(26),'' ``(27),'' ``(28),'' ``(29),''
and ``(30),'' in numerical order.
    The revisions and additions read as follows:

Sec.  52.1820  Identification of plan.

* * * * *
    (e) * * *

----------------------------------------------------------------------------------------------------------------
                                      Applicable
    Name of nonregulatory SIP     geographic or non-    State submittal    EPA approved date     Explanations
            provision               attainment area    date/adopted date   and citation \3\
----------------------------------------------------------------------------------------------------------------
(1) Implementation Plan for the   Statewide.........  Submitted: 1/24/    5/31/72, 37 FR      Excluding
 Control of Air Pollution for                          72; Adopted: 1/24/  10842.              subsequent
 the State of North Dakota.                            72.                                     revisions, as
                                                                                follows: Chapters
                                                                                1, 6, 7, 9, 11,
                                                                                and 12; Sections
                                                                                1.14, 2.11, 3.7,
                                                                                6.8, 6.10, 6.11,
                                                                                6.13, 7.7, and
                                                                                8.3; and
                                                                                Subsections
                                                                                3.2.1, 5.2.1,
                                                                                6.11.3, 7.8.1.A,
                                                                                7.8.1.B, 7.8.1.C,
                                                                                and 8.3.1.
                                                                                Revisions to
                                                                                these non-
                                                                                regulatory
                                                                                provisions have
                                                                                subsequently been
                                                                                approved. See
                                                                                below.
Chapters:
    1. Introduction.
    2. Legal Authority.
    3. Control Strategy.
    4. Compliance Schedule.
    5. Prevention of Air
     Pollution Emergency
     Episodes.
    6. Air Quality Surveillance.
    7. Review of New Sources and
     Modifications.
    8. Source Surveillance.
    9. Resources.
    10. Intergovernmental
     Cooperation.
    11. Rules and Regulations.
With subsequent revisions to the
 chapters as follows:

                                                  * * * * * * *
(26) Revisions to SIP Chapter 6,  Statewide.........  Submitted: 4/6/09;  9/17/12, [INSERT    ..................
 Section 6.8, Annual Network                           Adopted: 4/1/09.    FR CITATION].
 Review.
(27) Revisions to SIP Chapter 6,  Statewide.........  Submitted: 4/6/09;  9/17/12, [INSERT    ..................
 Section 6.11.3, Air Quality                           Adopted: 4/1/09.    FR CITATION].
 Surveillance: Ozone.
(28) Revisions to SIP Chapter 9,  Statewide.........  Submitted: 4/6/09;  9/17/12, [INSERT    ..................
 Resources.                                            Adopted: 4/1/09.    FR CITATION].
(29) Revisions to SIP Chapter 1,  Statewide.........  Submitted: 4/6/09;  9/17/12, [INSERT    ..................
 Section 1.14, Revisions to the                        Adopted: 4/1/09.    FR CITATION].
 Implementation Plan.
(30) Revisions to SIP Chapter 7,  Statewide.........  Submitted: 4/6/09;  9/17/12, [INSERT    ..................
 Section 7.7, Air Quality                              Adopted: 4/1/09.    FR CITATION].
 Modeling.
----------------------------------------------------------------------------------------------------------------
\3\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
  Federal Register notice cited in this column for the particular provision.

0
3. Section 52.1833 is added to read as follows:

Sec.  52.1833  Section 110(a)(2) infrastructure requirements.

    On November 23, 2009, Tom Bachman, Senior Environmental Engineer,
North Dakota Department of Health, submitted a completeness criteria
checklist which provides the State of North Dakota's SIP provisions
which meet the requirements of CAA Section 110(a)(1) and (2). The
following elements are approved for the 1997 ozone NAAQS: (A), (B),
(C), (D)(ii), (E)(i), (E)(iii), (F), (G), (H), (J), (K), (L), and (M).
The following element is conditionally approved for the 1997 ozone
NAAQS: (E)(ii).

[FR Doc. 2012-22771 Filed 9-14-12; 8:45 am]
BILLING CODE 6560-50-P