[Federal Register Volume 76, Number 105 (Wednesday, June 1, 2011)]
[Notices]
[Page 31674]
[FR Doc No: 2011-13583]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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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 Federal Register Notice with a 60-day comment period
soliciting comments on the following collection of information was
published on March 28, 2011, vol. 76, no. 59, page 17181. This
collection of information is necessary to determine how satisfied
applicants are with the automated staffing solution. The information
enables the FAA to improve and enhance its automated staffing process.

DATES: Written comments should be submitted by July 1, 2011.

FOR FURTHER INFORMATION CONTACT: Carla Scott on<PHONE_NUMBER>, or by
e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    OMB Control Number: 2120-0699.
    Title: SWIFT Customer Satisfaction Survey.
    Form Numbers: There are no FAA Forms associated with this
collection.
    Type of Review: Renewal of an information collection.
    Background: The information will be collected via an online form.
It is part of the automated SWIFT staffing tool. The data collected is
analyzed by Information Systems Division, AHP-100 to determine the
quality of our service to our users and customers, to address any
problems or issues found as a result of the data analysis.
    Respondents: Approximately 175,000 applicants.
    Frequency: Information is collected on occasion.
    Estimated Average Burden per Response: 3 minutes.
    Estimated Total Annual Burden: 2,625 hours.

ADDRESSES: Interested persons are invited to submit written comments on
the proposed information collection to the Office of Information and
Regulatory Affairs, Office of Management and Budget. Comments should be
addressed to the attention of the Desk Officer, Department of
Transportation/FAA, and sent via electronic mail to<EMAIL_ADDRESS>or faxed to<PHONE_NUMBER>, or mailed to the
Office of Information and Regulatory Affairs, Office of Management and
Budget, Docket Library, Room 10102, 725 17th Street, NW., Washington,
DC 20503.
    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.

    Issued in Washington, DC, on May 23, 2011.
Carla Scott,
FAA Information Collection Clearance Officer, IT Enterprises Business
Services Division, AES-200.
[FR Doc. 2011-13583 Filed 5-31-11; 8:45 am]
BILLING CODE 4910-13-P


General Instructions

What you need to submit your application:

 Your "My ENERGY STAR Account" (MESA) partner account login information
(see below under "How to submit your application")
      IMPORTANT: You must have all information and documents identified below completed and available at the time you are ready to submit your application. Partial submission and save features are not available.

 The name of your organization exactly as you would want it to appear on your award crystal and all other communications materials about your award.

 The name and title of your organization's CEO/President.

 Electronic copies of the following:

 PART 1:	 GENERAL INSTRUCTIONS & EXECUTIVE SUMMARY (required)
 Applicant's Executive Summary
 PART 2:	 Accomplishments Document (in Word or PDF) (required)
 Narrative (varies by ENERGY STAR Award Application Type )
 Application-specific Information (varies by award type)
 PART 3:	 Supporting Materials (varies by award type) (minimum of 1 required)
 PART 4: Organization Logo (High Resolution) (required)

 Guidance on Supporting Materials:
 Supporting materials such as print, radio, TV and internet advertisements; point of purchase materials; bills stuffers; educational pamphlets; newsletters; and snapshots of social media postings should be compiled in an easy-to-access and easy-to-understand format to the maximum extent practical.
 For example, a PDF file could be compiled that labels items by type (e.g., print advertisement, web banner) and subsequently provides supporting imagery under each category.
 EPA strongly discourages the use of zip files.
 Each file must be less than 100MB. File names must be no longer than 15 characters and contain no spaces or special characters. EPA recommends intuitive file names such as a reference to the organization name (or acronym) and the content of the file (e.g., EPAenergyEd).

 For audio and video examples, you may provide a screen shot and enter the link(s) to available online versions through your MESA account application submission process.
 EPA and DOE reserve the right not to review materials that are difficult to access on a standard government-issued computer.

              Where possible, please consolidate your supporting materials into one or two PDF files.

              Heavy traffic and high upload volumes on the last day before the application deadline can cause the website to become slow. If you plan to submit more than six supporting files, or one or more files that are larger than 6 MB, please upload your application well in advance of the deadline.
              Applicants should ensure that any supporting materials they submit demonstrate proper ENERGY STAR logo use according to the ENERGY STAR Brand Book (see: www.energystar.gov/brandbook ). Any instances of logo violations will strongly impact the review of the application.
              We generally select about eight two-minute or shorter videos for viewing at the ceremony. The videos should be promotional/commercial in nature, showcasing your ENERGY STAR partnership.

How and when to submit your application
 All applications must be electronically submitted through your "My ENERGY STAR Account" or MESA (www.energystar.gov/mesa ). We will only accept applications submitted via MESA.

 If you do not have a MESA account, have problems logging into MESA, or problems submitting your application, please contact us immediately at<EMAIL_ADDRESS>for help.

 Application submittal via MESA will be available starting October 17, 2019 and will close at 8:00 pm, EST on Monday, December 2, 2019. We will not accept any applications or materials received after this date.

What to expect after you submit
 Confirmation of Receipt: You will receive an e-mail upon completion of your MESA submittal, confirming our receipt of your materials. It will be sent to the Primary and Communications contacts named in the award application. If you do not receive confirmation within this timeframe, email<EMAIL_ADDRESS>
 Notification: You will be notified no later than Wednesday, February 5, 2020 about the status of your application.

Additional information

 Information about the ENERGY STAR awards ceremony will posted at www.energystar/awards.
 We encourage all eligible ENERGY STAR partners to apply for a Partner of the Year Award. Applicants for Partner of the Year that are not selected to receive this award will be automatically considered for other recognition.
 The Sustained Excellence Award, our highest honor, recognizes organizations that have won Partner of the Year for several years and that continue to surpass the achievements of previous years. There is no separate application for Sustained Excellence (except Sustained Excellence for Energy Management).
 The other forms of recognition available to partners and other organizations that work with ENERGY STAR are the Home Performance with ENERGY STAR Contractor of the Year Award, the Excellence Award for Data Innovation, and the Excellence Award for ENERGY STAR Promotions.
 Organizations (1) applying for an award in any category and (2) also seeking recognition for activities that fall under the secondary Excellence category are strongly encouraged to submit one application that responds to the criteria of both categories. To aid in the review and scoring of your submission, it is important that your single application be fully responsive to the criteria set forth in both the primary and secondary Excellence award categories.
 Where applicable, quantify your activities and the results (e.g., percent improvement, growth in ENERGY STAR market share, number of media impressions for outreach efforts, and include electronic copies of documentation that support claims made (e.g., photos of promotional materials, samples of advertisements with the ENERGY STAR mark, copies of training materials used, etc.).
 Organizations that are under contract with the EPA are not eligible to receive an award. They may, however, be involved in preparing applications on behalf of clients that partner with ENERGY STAR.
 Each applicant will be screened for any civil and criminal environmental actions.  You are requested to identify the main subsidiaries of your organization as an input into this screening process. Results of the screening will be factored into the award selection process.

                        APPLICATION BEGINS ON NEXT PAGE

Award Executive Summary
(REQUIRED)

If you earn an award, the content you enter below will serve as the Executive Summary for your application and will populate the event script, slideshow, and the online Profiles in Leadership.
    In one sentence, please describe the nature and purpose of your organization (Character limit: 200 including spaces)

Enter your description here...Character limit: 200 including spaces

   Example: ABC Company, established in 2005, manufactures widgets for the automotive industry.

    In one sentence, please describe your organization's most significant ENERGY STAR accomplishment during 2019 (Character limit: 200 including spaces)

Enter your description here...Character limit: 200 including spaces

   Example 1:  ABC Company benchmarked 100% of its facilities in 2019, reducing energy use by 50% across the portfolio.
   Example 2: ABC Company built more than 3,000 ENERGY STAR certified homes in 2019, for a cumulative total of more than 10,000 since partnering with ENERGY STAR in 2007.

    In order of importance or significance, provide a maximum of six bullet points that describe your ENERGY STAR-related activities or innovations in 2019 (e.g. metrics, new program elements, verification methods, marketing, etc.). Please include information about the impact of these activities. Follow the format used in the examples below (begin bullets with active verbs ending with "-ed".  (Character limit: 480 per bullet including spaces)

1
Enter your description here...Character limit: 480 including spaces

2
Enter your description here...Character limit: 480 including spaces

3
Enter your description here...Character limit: 480 including spaces

4
Enter your description here...Character limit: 480 including spaces

5
Enter your description here...Character limit: 480 including spaces

6
Enter your description here...Character limit: 480 including spaces

   Examples:

 Key 2019 accomplishments and activities include:

             Leveraged the ENERGY STAR label, messaging, and national campaigns to promote a variety of ENERGY STAR certified products to its customers including washers, dryers, heat pump water heaters, and lighting.

             Surpassed the momentum of the previous years, increased uptake of incentives for ENERGY STAR certified LED's by 85 percent and ENERGY STAR certified appliances by 180 percent.

             Provided ENERGY STAR sales training for all its sales agents in 2019, enabling them to better sell the features and benefits of ENERGY STAR certified homes.

             Engaged consumers through multi-channel education, featuring ENERGY STAR that resulted in 92 million radio impressions,17 million Pandora Radio impressions, 317,000 digital clicks to website, and more than 5 million total lighting products sold.

    Additional examples can be viewed at: https://www.energystar.gov/about/awards/2019_energy_star_award_winners

   ENERGY STAR[(R)] is the simple choice for energy efficiency. For 25 years, EPA's ENERGY STAR program has been America's resource for saving energy and protecting the environment. Join the millions already making a difference at energystar.gov.


[Federal Register Volume 77, Number 75 (Wednesday, April 18, 2012)]
[Notices]
[Pages 23303-23305]
[FR Doc No: 2012-9289]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66798; File No. SR-NYSEArca-2012-27]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Adopt Recent
Changes to FINRA Rules 7440 and 7450, and To Adopt Recent Changes to
FINRA Rule 5320 by Amending Commentary .02 to NYSE Arca Equities Rule
5320 To Require That ETP Holders Report to the Order Audit Trail System
Information Barriers Put Into Place by the ETP Holder in Reliance on
Commentary .02 to NYSE Arca Equities Rule 5320

 April 12, 2012.
    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 April 2, 2012, NYSE Arca, Inc. (``Exchange'' or ``NYSE Arca'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I and II below, which Items
have been prepared by the Exchange. The 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

    The Exchange proposes to (i) adopt recent changes to Financial
Industry Regulatory Authority, Inc. (``FINRA'') Rules 7440 and 7450,
which the Exchange has incorporated by reference in its own rules, and
(ii) adopt recent changes to FINRA Rule 5320 by amending Commentary .02
to NYSE Arca Equities Rule 5320 to require that ETP Holders report to
the Order Audit Trail System (``OATS'') information barriers put into
place by the ETP Holder in reliance on Commentary .02 to NYSE Arca
Equities Rule 5320. The text of the proposed rule change is available
at the Exchange, www.nyse.com, the Commission's Public Reference Room,
and the Commission's Web site at www.sec.gov.

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 those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

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

1. Purpose
    The Exchange proposes to (i) adopt recent changes to FINRA Rules
7440 and 7450, which the Exchange has incorporated by reference in its
own rules, and (ii) adopt recent changes to FINRA Rule 5320 by amending
Commentary .02 to NYSE Arca Equities Rule 5320 to require that ETP
Holders report to OATS information barriers put into place by the ETP
Holders in reliance on Commentary .02 to NYSE Arca Equities Rule 5320.
    FINRA recently received Commission approval of changes to the order
recording and transmission requirements of the OATS rules in FINRA
Rules 7440 and 7450.\3\ First, FINRA amended FINRA Rule 7440 to require
FINRA members relying on the no-knowledge exception in Supplementary
Material .02 to FINRA Rule 5320 (Prohibition Against Trading Ahead of
Customer Orders) to report information to OATS regarding the
information barriers adopted by the member in reliance on the
exception--FINRA also added this requirement under Supplementary
Material .02 to FINRA Rule 5320. Second, FINRA amended FINRA Rule 7440
to extend, to all OATS-eligible securities, the existing requirement to
reflect on OATS reports a customer's instruction regarding display of
the customer's limit orders--the requirement previously applied only to
limit orders involving NMS stocks. Finally, FINRA amended FINRA Rule
7450 to codify the specific time by which OATS reports must be
transmitted to FINRA.
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    \3\ See Securities Exchange Act Release No. 66021 (December 21,
2011), 76 FR 81551 (December 28, 2011) (SR-FINRA-2011-63) [sic].
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    The Exchange recently adopted the NYSE Arca Equities Rule 7400
Series, which consists of NYSE Arca Equities Rules 7410 through 7470
and is based substantially on the FINRA Rule 7400 Series.\4\ In this
regard, NYSE Arca Equities Rules 7440 and 7450

incorporate by reference the order data recording and transmission
requirements of FINRA Rules 7440 and 7450, respectively, by requiring
ETP Holders and associated persons to comply with FINRA Rules 7440 and
7450 as if those rules were part of the Exchange's rules. Accordingly,
the Exchange hereby proposes to adopt the changes to FINRA Rules 7440
and 7450 that were approved pursuant to SR-FINRA-2011-063.\5\
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    \4\ See Securities Exchange Act Release No. 65544 (October 12,
2011), 76 FR 64406 (October 18, 2011) (SR-NYSEArca-2011-69).
    \5\ The Exchange notes that the approved changes to FINRA Rules
7440 and 7450 that the Exchange proposes to adopt would be
applicable only to ETP Holders that are also FINRA members. In
particular, the changes relate to cross-references to FINRA Rule
5320, and for the Exchange, to NYSE Arca Equities Rule 5320, which
is not applicable to Proprietary Trading Firms, as defined in NYSE
Arca Equities Rule 7410(p), because they do not have customers and
therefore do not need to maintain information barriers.
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    The Exchange also recently adopted NYSE Arca Equities Rule 5320,
which is substantially the same as FINRA Rule 5320 and prohibits
trading ahead of customer orders with certain exceptions, including
large order and institutional account exceptions, a no-knowledge
exception, a riskless principal exception, an intermarket sweep order
exception, and odd lot and bona fide error transaction exceptions.\6\
The Exchange hereby proposes to adopt as Commentary .02(b) to NYSE Arca
Equities Rule 5320 the same language that was approved pursuant to SR-
FINRA-2011-063 as Supplementary Material .02(c) to FINRA Rule 5320.\7\
Specifically, if an ETP Holder implements and utilizes appropriate
information barriers in reliance on the no-knowledge exception provided
under Commentary .02 to NYSE Arca Equities Rule 5320, the ETP Holder
must uniquely identify such information barriers as prescribed in FINRA
Rule 7440(b)(19).
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    \6\ See Securities Exchange Act Release No. 65166 (August 18,
2011), 76 FR 53013 [sic] (August 24, 2011) (SR-NYSEArca-2011-57).
    \7\ For consistency with Exchange rules, the Exchange proposes
to change references from ``members'' in Supplementary Material
.02(c) to FINRA Rule 5320 to ``ETP Holders'' in proposed Commentary
.02(b) to NYSE Arca Equities Rule 5320. The Exchange also proposes
the designate the existing text of Commentary.02 to NYSE Arca
Equities Rule 5320 as paragraph (a) thereto.
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    The no-knowledge exception in Commentary .02 to NYSE Arca Equities
Rule 5320 provides that if an ETP Holder implements and uses an
effective system of internal controls--such as appropriate information
barriers--that operate to prevent one trading unit from obtaining
knowledge of customer orders held by a separate trading unit, that
other trading unit may trade in a proprietary capacity at prices that
would satisfy the customer orders held by the separate, walled-off
trading unit. Through the use of OATS, FINRA will be able to ascertain,
on an automated basis, those ETP Holders claiming the no-knowledge
exception.\8\ This will reduce the potential for ``false positive''
alerts by allowing FINRA to account for the existence of information
barriers when running automated surveillance patterns designed to
identify inappropriate trading ahead of customer orders. These new
requirements should substantially reduce the number of ``false
positives'' that are identified through automated surveillance patterns
by permitting FINRA to account for information barriers when trading
ahead may otherwise be indicated.
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    \8\ All Exchange ETP Holders that are subject to NYSE Arca
Equities Rule 5320 are also FINRA members, and FINRA reviews
compliance with that rule pursuant to an allocation plan under Rule
17d-2 of the Securities Exchange Act of 1934.
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    The Exchange proposes to implement the changes proposed herein on
the same date that FINRA implements the changes approved pursuant to
SR-FINRA-2011-063, thereby eliminating the potential for different
regulatory requirements between common members.\9\
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    \9\ FINRA has announced that it will implement the changes on
April 16, 2012. See http://www.finra.org/Industry/Compliance/MarketTransparency/OATS/OATSReport/P125612.
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2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the
Securities Exchange Act of 1934 (the ``Act''),\10\ in general, and
furthers the objectives of Section 6(b)(5),\11\ in particular, because
it is designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in facilitating
transactions in securities, 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. Specifically,
the proposed rule change would remove impediments to and perfect the
mechanism of a free and open market and a national market system by
providing greater harmonization between NYSE Arca Equities Rules and
FINRA Rules of similar substance and purpose. This would result in less
burdensome and more efficient regulatory compliance, which would foster
cooperation and coordination with persons engaged in facilitating
transactions in securities and promote the protection of investors and
the public interest. The changes proposed herein are also designed to
prevent fraudulent and manipulative acts and practices and to promote
just and equitable principles of trade by ensuring that FINRA Rules
incorporated by reference in the NYSE Arca Equities Rules and rules
that are common to both NYSE Arca Equities and FINRA remain consistent
after amendments to the particular FINRA Rules.
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    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
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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.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    Because the 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 prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act \12\ and Rule 19b-
4(f)(6) thereunder.\13\
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    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file 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.
The Exchange has satisfied this requirement.
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    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \14\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6) permits the Commission to
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange requests
that the Commission waive the 30-day operative delay so that the
proposed rule change may become effective on the same date that FINRA
implements the changes to FINRA Rules 7440, 7450, and

5320.\15\ The Commission believes that waiving the 30-day operative
delay is consistent with the protection of investors and the public
interest and, therefore, designates the proposal operative upon
filing.\16\ Waiving the 30-day operative delay will enable the Exchange
to implement the proposed rule change on the same day that FINRA
implements the changes to its rules on which the proposed rule change
is based, thereby eliminating the potential for different regulatory
requirements for members of both FINRA and the Exchange.
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    \14\ 17 CFR 240.19b-4(f)(6).
    \15\ FINRA has announced that it will implement the changes on
April 16, 2012. See supra note 9.
    \16\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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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.

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-NYSEArca-2012-27 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2012-27. 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 on official business
days between the hours of 10 a.m. and 3 p.m. Copies of such filing also
will be available for inspection and copying at the New York Stock
Exchange LLC's principal office and on its Internet Web site at
www.nyse.com. 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-
NYSEArca-2012-27, and should be submitted on or before May 9, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-9289 Filed 4-17-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 177 (Thursday, September 14, 2023)]
[Rules and Regulations]
[Pages 63031-63033]
[FR Doc No: 2023-19727]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2022-0910; FRL-10564-03-R9]

Air Quality Implementation Plan; California; El Dorado County Air
Quality Management District; Stationary Source Permits

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing a
revision to the El Dorado County Air Quality Management District's
(EDCAQMD or ``District'') portion of the California State
Implementation Plan (SIP). This revision governs the District's
issuance of permits for stationary sources, and focuses on the
preconstruction review and permitting of major sources and major
modifications under part D of title I of the Clean Air Act (CAA or
``the Act'').

DATES: This rule is effective October 16, 2023.

ADDRESSES: The EPA has established a docket for this action under
Docket No. EPA-R09-OAR 2022-0910. 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 (CBI) 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 through https://www.regulations.gov, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section. If you need assistance in a language other than English or if
you are a person with disabilities who needs a reasonable accommodation
at no cost to you, please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Camille Cassar, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105; by phone:<PHONE_NUMBER>; or by
email to [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,''
``us,'' and ``our'' refer to the EPA.

Table of Contents

I. Proposed Action
II. Public Comments
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Proposed Action

    On March 31, 2023,\1\ the EPA proposed to approve the rule listed
in Table 1 into the California SIP.\2\
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    \1\ 88 FR 19233.
    \2\ Concurrent with our proposed approval action, we issued an
interim final determination that the District had satisfied the
requirements of title I, part D of the CAA permitting program for
nonattainment areas within the jurisdiction of the EDCAQMD. See 88
FR 19225 (March 31, 2023). The effect of our interim final
determination was that the imposition of sanctions that had been
triggered in a February 2, 2000 final limited approval and limited
disapproval action (65 FR 4887) was deferred.

                                             Table 1--Submitted Rule
----------------------------------------------------------------------------------------------------------------
            Rule No.                    Rule title                  Revised                    Submitted
----------------------------------------------------------------------------------------------------------------
Rule 523-1.....................  Federal Non-Attainment   December 7, 2021..........  March 9, 2022.
                                  New Source Review.
----------------------------------------------------------------------------------------------------------------

    For areas designated nonattainment for one or more National Ambient
Air Quality Standards (NAAQS), the applicable SIP must include
preconstruction review and permitting requirements for new or modified
major stationary sources of such nonattainment pollutant(s) under part
D of title I of the Act, commonly referred to as Nonattainment New
Source Review (NNSR). The rule listed in Table 1 contains the
District's NNSR permit program applicable to new and modified major
sources located in the designated nonattainment areas in El Dorado
County. Our proposed action contains more information on the rule and
our evaluation.

II. Public Comments

    The EPA's proposed action provided a 30-day public comment period.
During this period, no comments were submitted on our proposal.

III. EPA Action

    No comments were submitted on our proposal. We continue to find
that Rule 523-1 satisfies the relevant requirements for a CAA NNSR
program for ozone and PM2.5 nonattainment areas,\3\ as well
as the associated visibility requirements for sources subject to review
under such a program in accordance with 40 CFR 51.307. Therefore, as
authorized in section 110(k)(3) of the Act, the EPA is approving the
submitted rule.
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    \3\ As discussed in our proposed action, we determined that Rule
523-1 satisfies the NNSR program requirements applicable to
nonattainment areas classified as Severe for ozone and Moderate for
PM2.5, and that the submittal addressed the NNSR
requirements both the 2008 and 2015 ozone NAAQS, as well as the 2006
PM2.5 NAAQS. 88 FR 19233, 19235.
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    Additionally, all sanctions and sanctions clocks triggered by our
February 2, 2000 final limited approval and limited disapproval action
(65 FR 4887) will be permanently terminated on the effective date of
this final approval action. In our interim final determination to defer
sanctions (88 FR 19225), issued concurrently with our proposed approval
action, we explained

our finding that Rule 523-1 would correct the deficiencies that
triggered such sanctions. We received no comments on this finding or
our interim final determination. Our interim final determination and
our proposed action, as well as our Technical Support Document (TSD),
which can be found in the docket for this action, contain more
information regarding the basis for our finding in this regard.
    This action incorporates the submitted rule into the California
SIP. In conjunction with the EPA's SIP approval of the District's
visibility program for sources subject to the NNSR program, this action
also revises the scope of the visibility Federal Implementation Plan
(FIP) at 40 CFR 52.28 in California so that this FIP no longer applies
to sources located in El Dorado County that are subject to the
District's visibility program.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is incorporating by reference El Dorado County Air
Quality Management District Rule 523-1, Federal Non-Attainment New
Source Review, revised on December 7, 2021, which regulates the
issuance of permits for stationary sources. The EPA has made, and will
continue to make, these materials available through https://www.regulations.gov and in hard copy at the EPA Region IX 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 Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, 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 14094 (88 FR 21879, April 11, 2023);
     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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
     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.
    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 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).
    Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 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 State did not evaluate environmental justice considerations as
part of its SIP submittal; the CAA 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 the action being taken here, this action 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.
    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 November 13, 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, Incorporation by
reference, Intergovernmental relations, Nitrogen oxides, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Volatile
organic compounds.

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

    Dated: August 28, 2023.
Martha Guzman Aceves,
Regional Administrator, Region IX.

    For the reasons stated in the preamble, the Environmental
Protection Agency amends part 52, chapter I, title 40 of the Code of
Federal Regulations 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 F--California

0
2. Section 52.220 is amended by adding paragraph (c)(604)(i)(B) to read
as follows:

Sec.  52.220  Identification of plan-in part.

* * * * *
    (c) * * *
    (604) * * *
    (i) * * *
    (B) El Dorado County Air Quality Management District.
    (1) Rule 523-1, ``Federal Non-Attainment New Source Review,''
revised on December 7, 2021.
    (2) [Reserved]

0
3. Section 52.281 is amended by adding paragraph (d)(11) to read as
follows:

Sec.  52.28  1 Visibility protection.

* * * * *
    (d) * * *
    (11) El Dorado County Air Quality Management District.
* * * * *
[FR Doc. 2023-19727 Filed 9-13-23; 8:45 am]
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