[Federal Register Volume 77, Number 43 (Monday, March 5, 2012)]
[Notices]
[Pages 13168-13170]
[FR Doc No: 2012-5276]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66483; File No. SR-NYSEARCA-2012-016]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Filing the Content
Outline and Selection Specifications for the Proprietary Traders
Qualification Examination (``Series 56'') Program

February 28, 2012.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on February 17, 2012, NYSE Arca, Inc. (the ``Exchange'' or
``NYSE Arca'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The Exchange proposes to file the content outline and selection
specifications for the Proprietary Traders Qualification Examination
(``Series 56'') program. The text of the proposed rule change is
available at the Exchange, the Commission's Public Reference Room, and
www.nyse.com.

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
    Recently, the Exchange filed a proposed rule change to recognize a
new category of limited representative registration for proprietary
traders.\4\ Specifically, the Exchange will recognize the new
registration category, ``Proprietary Trader,'' and the new examination,
the Series 56. The new Proprietary Trader category will be limited to
persons engaged solely in proprietary trading.
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    \4\ See SR-NYSEArca-2012-15 (filed February 9, 2012).
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    The Exchange has been working with the Financial Industry
Regulatory Authority (``FINRA'') and certain other exchanges, many of
which have recently enhanced their registration requirements to require
the registration of associated persons,\5\ to develop the content
outline and qualification examination that would be applicable to
proprietary traders. The Series 56 examination program is shared by the
Exchange and the following self-regulatory organizations (``SROs''):
Boston Options Exchange; C2 Options Exchange, Incorporated; Chicago
Board Options Exchange, Incorporated; Chicago Stock Exchange,
Incorporated; International Securities Exchange, LLC; The NASDAQ Stock
Market, NASDAQ OMX BX, Inc.; NASDAQ OMX PHLX LLC; National Stock
Exchange, Incorporated; New York Stock Exchange LLC; and NYSE Amex LLC.
Upon request by the SROs referenced above, FINRA staff convened a
committee of industry representatives, Exchange staff and staff from
the other SROs referenced above to develop the criteria for the Series
56 examination program. Certain exchanges have submitted filings to the
Commission to utilize the Series 56.\6\
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    \5\ See e.g., Securities Exchange Act Release Nos. 63843
(February 4, 2011), 76 FR 7884 (February 11, 2011) (SR-ISE-2010-
115); and 63314 (November 12, 2010), 75 FR 70957 (November 19, 2010)
(SR-CBOE-2010-084).
    \6\ See e.g., Securities Exchange Act Release No. 64699 (June
17, 2011), 76 FR 36945 (June 23, 2011) (SR-CBOE-2011-056).
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    The Series 56 examination tests a candidate's knowledge of
proprietary trading generally and the industry rules applicable to
trading of equity securities and listed options contracts. The Series
56 examination covers, among other things, recordkeeping and recording
requirements; types and characteristics of securities and investments;
trading practices; and display. execution, and trading systems. While
the examination

is primarily dedicated to topics related to proprietary trading, the
Series 56 examination also covers a few general concepts relating to
customers.\7\
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    \7\ Proprietary trading firms do not have customers.
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    The qualification examination consists of 100 multiple choice
questions. Candidates will have 150 minutes to complete the exam. The
content outline describes the following topical sections comprising the
examination: Personnel, Business Conduct, and Recordkeeping and
Reporting Requirements, nine questions; Markets, Market Participants,
Exchanges, and SROs, eight questions; Types and Characteristics of
Securities and Investments, 20 questions; Trading Practices and
Prohibited Acts, 50 questions; and Display, Execution, and Trading
Systems, 13 questions. Representatives from the applicable SROs intend
to meet on a periodic basis to evaluate and, as necessary, update the
Series 56 examination program.
    The Exchange understands that the other applicable SROs will also
file with the Commission similar filings regarding the Series 56
examination program. The Exchange proposes to implement the Series 56
examination program upon availability in Web CRD and notification to
its membership.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Securities Exchange Act of 1934 (the ``Act'') \8\ in
general, and furthers the objectives of Section 6(c)(3)(B) of the
Act,\9\ pursuant to which a national securities exchange prescribes
standards of training, experience and competence for members and their
associated persons, in particular, by offering a new qualification
examination for proprietary traders. This filing provides the content
outline and relevant specifications for the Series 56 examination
program, which the Exchange believes establishes the appropriate
qualifications for this new registration category because it tests the
knowledge generally applicable to proprietary trading.
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    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(c)(3)(B).
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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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \10\ and Rule 19b-4(f)(6) thereunder.\11\
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 and Rule 19b-
4(f)(6)(iii) thereunder.
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    \10\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \11\ 17 CFR 240.19b-4(f)(6).
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    A proposed rule change filed under Rule 19b-4(f)(6)\12\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b4(f)(6)(iii),\13\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing.
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    \12\ 17 CFR 240.19b-4(f)(6).
    \13\ 17 CFR 240.19b-4(f)(6)(iii).
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    The Commission believes that it is consistent with the protection
of investors and the public interest to waive the 30-day operative
delay. Waiver of the 30-day operative delay will allow persons engaged
solely in proprietary trading to use the Proprietary Traders
Qualification Examination (``Series 56'') as soon as it is available
for NYSEArca in Web CRD. Therefore, the Commission designates the
proposal operative upon filing.\14\
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    \14\ 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 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.

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-2012-016 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-2012-016. This
file number should be included on the subject line if email is used.
    To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for Web site
viewing and printing in the Commission's Public Reference Room, 100 F
Street, NE., Washington, DC 20549, on official business days between
the hours of 10 a.m. and 3 p.m. Copies of the filing also will be
available for inspection and copying at the principal office of the
Exchange. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
NYSEARCA-2012-016 and should be submitted on or before March 26, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
Kevin M. O'Neill,
Deputy Secretary.
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    \15\ 17 CFR 200.30-3(a)(12).
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[FR Doc. 2012-5276 Filed 3-2-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: August 16, 2006 (Volume 71, Number 158)]
[Notices]
[Page 47217-47218]
[DOCID:fr16au06-84]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2006-0596; FRL-8081-6]

Notice of Filing of a Pesticide Petition for Establishment of
Regulations for Residues of Chitosan Hydrolysate in or on Various
Commodities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the initial filing of a pesticide
petition proposing the establishment of an exemption from the
requirement of a tolerance for residues of chitosan hydrolysate in or
on various commodities.

DATES: Comments must be received on or before September 15, 2006.

ADDRESSES:  Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2006-0596 and pesticide petition number (PP)
6E7053, by one of the following methods:
     Federal eRulemaking Portal:  http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Building), 2777 S. Crystal Drive, Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2006-0596. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information

provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The Federal regulations.gov website is an ``anonymous access''
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through
regulations.gov, your e-mail address will be automatically captured and
included as part of the comment that is placed in the docket and made
available on the Internet. If you submit an electronic comment, EPA
recommends that you include your name and other contact information in
the body of your comment and with any disk or CD-ROM you submit. If EPA
cannot read your comment due to technical difficulties and cannot
contact you for clarification, EPA may not be able to consider your
comment.

Electronic files should avoid the use of special characters, any form
of encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index.
Although listed in the index, some information is not publicly
available, e.g., CBI or other information whose disclosure is
restricted by statute. Certain other material, such as 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 in the electronic docket at http://www.regulations.gov
, or, if only available in hard copy, at the OPP

Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South
Building), 2777 S. Crystal Drive, Arlington, VA. The hours of operation
of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday through
Friday, excluding legal holidays. The Docket telephone number is (703)
305-5805.

FOR FURTHER INFORMATION CONTACT: Chris Pfeifer, Biopesticides and
Pollution Prevention Division (7511P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave, NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; e-mail
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed listed under FOR FURTHER INFORMATION
CONTACT.

B. What Should I Consider as I Prepare My Comments for EPA?

     1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
     2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. What Action is the Agency Taking?

    EPA is printing a summary of a pesticide petition received under
section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21
U.S.C. 346a, proposing the establishment or amendment of regulations in
40 CFR part 180 for residues of pesticide chemicals in or on various
food commodities. EPA has determined that this pesticide petition
contains data or information regarding the elements set forth in FFDCA
section 408(d)(2); however, EPA has not fully evaluated the sufficiency
of the submitted data at this time or whether the data support granting
of the pesticide petition. Additional data may be needed before EPA
rules on this pesticide petition.
    Pursuant to 40 CFR 180.7(f), a summary of the petition included in
this notice, prepared by the petitioner is available on EPA's
Electronic Docket at http://www.regulations.gov. To locate this

information on the home page of EPA's Electronic Docket, select ``Quick
Search'' and type the OPP docket ID number. Once the search has located
the docket, clicking on the ``Docket ID'' will bring up a list of all
documents in the docket for the pesticide including the petition
summary.

New Exemption from Tolerance

     PP 6E7053. Morse Enterprises Limited, Inc., Brickell East, Floor
10, 151 S.E. 15 Road, Miami, Florida 33129, proposes to establish an
exemption from the requirement of a tolerance for residues of the
biochemical bactericide and fungicide, chitosan hydrolysate, in or on
all food commodities. Because this petition is a request for an
exemption from the requirement of a tolerance without numerical
limitations, no analytical method is required.

List of Subjects

    Environmental protection, Agricultural commodities, Feed additives,
Food additives, Pesticides and pests, Reporting and recordkeeping
requirements.

    Dated: July 26, 2006.
Phillip Hutton,
Acting Director, Biopesticides and Pollution Prevention Division,
Office of Pesticide Programs.

[FR Doc. E6-13487 Filed 8-15-06; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 76, Number 53 (Friday, March 18, 2011)]
[Rules and Regulations]
[Pages 14812-14818]
[FR Doc No: 2011-6417]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 98

[EPA-HQ-OAR-2011-0191; FRL-9283-7]
RIN 2060-AQ87

Final Regulation Extending the Reporting Deadline for Year 2010
Data Elements Required Under the Mandatory Reporting of Greenhouse
Gases Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is promulgating this final rule to extend until September
30, 2011 the reporting deadline for year 2010 data required under the
Mandatory Reporting of Greenhouse Gases Rule. This deadline extension
will, in the first year of the Greenhouse Gas Reporting Program, allow
time for needed refinement of the electronic data reporting system,
stakeholder testing of the reporting system and feedback to EPA, and
reporter access to the reporting system in advance of the reporting
deadline. This rule changes only the deadline for reporting for 2011;
it does not change the reporting deadline for future years and does not
change what data must be reported.

DATES: This final rule is effective on March 18, 2011.

ADDRESSES: Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, will
be publicly available only in hard copy. Publicly available docket
materials are available either electronically in http://www.regulations.gov or in hard copy at the Air Docket, EPA/DC, EPA West
Building, Room 3334, 1301 Constitution Ave., NW., Washington, DC. This
Docket Facility is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the Air
Docket is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Carole Cook, Climate Change Division,
Office of Atmospheric Programs (MC-6207J), Environmental Protection
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone
number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>    Worldwide Web (WWW). In addition to being available in the docket,
an electronic pre-publication copy of this final rule will also be
available through the WWW. Following the Administrator's signature, a
copy of this action will be posted on EPA's greenhouse gas reporting
rule Web site at http://www.epa.gov/climatechange/emissions/ghgrulemaking.html.

SUPPLEMENTARY INFORMATION: Acronyms and Abbreviations. The following
acronyms and abbreviations are used in this document.

APA Administrative Procedure Act
CAA Clean Air Act
CBI Confidential Business Information
CEMS continuous emission monitoring system(s)
CFR Code of Federal Regulations
CRA Congressional Review Act
e-GGRT Electronic Greenhouse Gas Reporting Tool
EPA U.S. Environmental Protection Agency
FR Federal Register
GHG greenhouse gas
NAICS North American Industry Classification System
NTTAA National Technology Transfer and Advancement Act
OMB Office of Management and Budget
RFA Regulatory Flexibility Act
UMRA Unfunded Mandates Reform Act
U.S.C. United States Code
WWW Worldwide Web

    Organization of this Document. The following outline is provided to
aid in locating information in this preamble.

I. Background
II. Summary of the Final Rule
    A. Facilities Affected
    B. Amendment
III. Rationale for the Final Rule
IV. Need for a Final Rule
V. Statutory and Executive Order Reviews

    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    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
    J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
    K. Congressional Review Act

    Does this action apply to me? The Administrator determined that
this action is subject to the provisions of Clean Air Act (CAA) section
307(d). See CAA section 307(d)(1)(V) (the provisions of CAA section
307(d) apply to ``such other actions as the Administrator may
determine''). This action amends existing regulations. Entities
affected by this action are owners or operators of facilities that are
direct emitters or suppliers of greenhouse gases (GHGs) and are
required to report these emissions under 40 CFR part 98 (hereinafter
referred to as ``reporters''), which include those listed in Table 1 of
this preamble:

           Table 1--Examples of Affected Entities by Category
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                                                   Examples of affected
           Category                   NAICS             facilities
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General Stationary Fuel                           Facilities operating
 Combustion Sources.                               boilers, process
                                                   heaters,
                                                   incinerators,
                                                   turbines, and
                                                   internal combustion
                                                   engines:
                                             321  Manufacturers of
                                                   lumber and wood
                                                   products.
                                             322  Pulp and paper mills.
                                             325  Chemical
                                                   manufacturers.
                                             324  Petroleum refineries,
                                                   and manufacturers of
                                                   coal products.
                                   316, 326, 339  Manufacturers of
                                                   rubber and
                                                   miscellaneous plastic
                                                   products.
                                             331  Steel works, blast
                                                   furnaces.
                                             332  Electroplating,
                                                   plating, polishing,
                                                   anodizing, and
                                                   coloring.
                                             336  Manufacturers of motor
                                                   vehicle parts and
                                                   accessories.
                                             221  Electric, gas, and
                                                   sanitary services.
                                             622  Health services.
                                             611  Educational services.
                                          325193  Ethyl alcohol
                                                   manufacturing
                                                   facilities.
                                          311611  Meat processing
                                                   facilities.
                                          311411  Frozen fruit, juice,
                                                   and vegetable
                                                   manufacturing
                                                   facilities.
                                          311421  Fruit and vegetable
                                                   canning facilities.
Electricity Generation........            221112  Fossil-fuel fired
                                                   electric generating
                                                   units, including
                                                   units owned by
                                                   Federal and municipal
                                                   governments and units
                                                   located in Indian
                                                   Country.
Adipic Acid Production........            325199  Adipic acid
                                                   manufacturing
                                                   facilities.
Aluminum Production...........            331312  Primary Aluminum
                                                   production
                                                   facilities.
Ammonia Manufacturing.........            325311  Anhydrous and aqueous
                                                   ammonia manufacturing
                                                   facilities.
Cement Production.............            327310  Portland Cement
                                                   manufacturing plants.
Ferroalloy Production.........            331112  Ferroalloys
                                                   manufacturing
                                                   facilities.
Glass Production..............            327211  Flat glass
                                                   manufacturing
                                                   facilities.
                                          327213  Glass container
                                                   manufacturing
                                                   facilities.
                                          327212  Other pressed and
                                                   blown glass and
                                                   glassware
                                                   manufacturing
                                                   facilities.
HCFC-22 Production and HFC-23             325120  Chlorodifluoromethane
 Destruction.                                      manufacturing
                                                   facilities.
Hydrogen Production...........            325120  Hydrogen manufacturing
                                                   facilities.
Iron and Steel Production.....            331111  Integrated iron and
                                                   steel mills, steel
                                                   companies, sinter
                                                   plants, blast
                                                   furnaces, basic
                                                   oxygen process
                                                   furnace shops.
Lead Production...............            331419  Primary lead smelting
                                                   and refining
                                                   facilities.
                                          331492  Secondary lead
                                                   smelting and refining
                                                   facilities.
Lime Production...............            327410  Calcium oxide, calcium
                                                   hydroxide, dolomitic
                                                   hydrates
                                                   manufacturing
                                                   facilities.
Municipal Solid Waste                     562212  Solid waste landfills.
 Landfills.
                                          221320  Sewage treatment
                                                   facilities.
Nitric Acid Production........            325311  Nitric acid
                                                   manufacturing
                                                   facilities.
Petrochemical Production......             32511  Ethylene dichloride
                                                   manufacturing
                                                   facilities.
                                          325199  Acrylonitrile,
                                                   ethylene oxide,
                                                   methanol
                                                   manufacturing
                                                   facilities.
                                          325110  Ethylene manufacturing
                                                   facilities.
                                          325182  Carbon black
                                                   manufacturing
                                                   facilities.
Petroleum Refineries..........            324110  Petroleum refineries.
Phosphoric Acid Production....            325312  Phosphoric acid
                                                   manufacturing
                                                   facilities.
Pulp and Paper Manufacturing..            322110  Pulp mills.
                                          322121  Paper mills.
                                          322130  Paperboard mills.
Silicon Carbide Production....            327910  Silicon carbide
                                                   abrasives
                                                   manufacturing
                                                   facilities.
Soda Ash Manufacturing........            325181  Alkalies and chlorine
                                                   manufacturing
                                                   facilities.
                                          212391  Soda ash, natural,
                                                   mining and/or
                                                   beneficiation.
Titanium Dioxide Production...            325188  Titanium dioxide
                                                   manufacturing
                                                   facilities.
Zinc Production...............            331419  Primary zinc refining
                                                   facilities.
                                          331492  Zinc dust reclaiming
                                                   facilities,
                                                   recovering from scrap
                                                   and/or alloying
                                                   purchased metals.
Municipal Solid Waste                     562212  Solid waste landfills.
 Landfills.
                                          221320  Sewage treatment
                                                   facilities.
Suppliers of Coal-based Liquid            211111  Coal liquefaction at
 Fuels.                                            mine sites.

Suppliers of Petroleum                    324110  Petroleum refineries.
 Products.
Suppliers of Natural Gas and              221210  Natural gas
 Natural Gas Liquids.                              distribution
                                                   facilities.
                                          211112  Natural gas liquid
                                                   extraction
                                                   facilities.
Suppliers of Industrial                   325120  Industrial gas
 Greenhouse Gases.                                 manufacturing
                                                   facilities.
Suppliers of Carbon Dioxide...            325120  Industrial gas
                                                   manufacturing
                                                   facilities.
------------------------------------------------------------------------

    Table 1 of this preamble is not intended to be exhaustive, but
rather provides a guide for readers regarding facilities likely to be
affected by this action. Types of facilities other than those listed in
the table could also be subject to reporting requirements. To determine
whether you are affected by this action, you should carefully examine
the applicability criteria found in 40 CFR part 98, subparts C through
PP, excluding subparts I, J, L, M, T, W, DD, FF, II, JJ, and KK. If you
have questions regarding the applicability of this action to a
particular facility, consult the person listed in the preceding FOR
FURTHER INFORMATION CONTACT section.
    Judicial Review. Under CAA section 307(b)(1), judicial review of
this final rule is available only by filing a petition for review in
the U.S. Court of Appeals for the District of Columbia Circuit by May
17, 2011. Filing a petition for reconsideration by the Administrator of
this final rule does not affect the finality of this rule for the
purpose of judicial review nor does it extend the time within which
petitions for judicial review may be filed, and shall not postpone the
effectiveness of such rule or action. Any person seeking to submit a
Petition for Reconsideration should submit it to the Office of the
Administrator, Environmental Protection Agency, Room 3000, Ariel Rios
Building, 1200 Pennsylvania Ave., NW., Washington, DC 20004, with a
copy to the person listed in the preceding FOR FURTHER INFORMATION
CONTACT section, and the Associate General Counsel for the Air and
Radiation Law Office, Office of General Counsel (Mail Code 2344A),
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20004. This action may not be challenged later in
proceedings to enforce its requirements. (See CAA section 307(b)(2)).

I. Background

    On October 30, 2009, EPA published the Mandatory GHG Reporting Rule
(40 CFR part 98) for collecting information regarding GHGs from a broad
range of industry sectors (74 FR 56260). Under 40 CFR part 98
(hereinafter referred to as ``Part 98'') and its subsequent amendments,
EPA is collecting data from certain facilities and suppliers. The data
to be reported consists of GHG emissions information as well as other
data, including information necessary to characterize, quantify, and
verify the reported emissions. For reporters required to submit 2010
GHG data under Part 98, the original reporting deadline was March 31,
2011.
    As explained in the preamble to the 2009 reporting rule, the GHG
Reporting Program requires electronic reporting through a centralized
data system (40 CFR 98.5). Electronic reporting facilitates efficient
and effective review of the large volume of data anticipated to be
reported. The data system, called the Electronic Greenhouse Gas
Reporting Tool (e-GGRT), guides reporters through registration and
provides an option for reporting using step-by-step Web forms or
through bulk transmission of data using a standard extensible markup
language (XML) format. Development of the reporting tool has involved
translating the detailed industry-specific reporting requirements of
Part 98 into a user-friendly software program. The registration module
of the tool has been available since December 2010. EPA has been
developing the subpart reporting modules since the final requirements
for Part 98 were issued.
    Since the final rule establishing Part 98 was published in October
2009, we have published several rule amendments. These include addition
of facility- and parent-level reporting requirements (75 FR 57669,
September 22, 2010); technical corrections and other amendments (75 FR
66434, October 28, 2010); changes partially in response to petitions
for review and reconsideration (75 FR 79092, December 17, 2010); and
interim changes in response to industry concerns about potential public
availability of sensitive data (75 FR 81338, December 27, 2010). Though
e-GGRT development began in 2009, each amendment or addition to the
Part 98 reporting requirements has also necessitated changes to the
data reporting system.
    In the preamble to Part 98, we described our intention to make the
electronic reporting system, along with training and instructional
materials, available to reporters before the reporting deadline. (See,
e.g., 74 FR 56282.) This would allow those reporters to become familiar
with the tool, to request any needed guidance from EPA, and to receive
EPA guidance and training in advance of the reporting deadline, as
occurred with the registration module released in December 2010. In the
preamble to Part 98, we also described our intention to engage
stakeholders in testing of the data reporting system (see, e.g., 74 FR
56358), which would allow EPA to use stakeholder feedback to refine the
final version of the reporting system.
    To that end, EPA is issuing this final rule extending the Part 98
reporting deadline in the first year of the reporting program to allow
time for needed data system refinement, stakeholder testing of the data
system and feedback to EPA, and reporter access to e-GGRT in advance of
the reporting deadline.

II. Summary of the Final Rule

A. Reporters Affected

    This action affects only reporters that are subject to the source
category-specific reporting requirements in 40 CFR part 98, subparts C
through PP, excluding subparts I, J, L, M, T, W, DD, FF, II, JJ, and
KK. This includes only reporters covered by the Part 98 subparts
published on October 30, 2009, which require these facilities and
suppliers to begin monitoring emissions on January 1, 2010 and to
submit their first annual GHG report (covering calendar year 2010
emissions) by March 31, 2011. The list of affected source categories is
provided in Table 2 of this preamble.\1\
---------------------------------------------------------------------------

    \1\ Certain source categories were revised in an action
published on Dec. 17, 2010 (75 FR 79092).

            Table 2--Source Categories Covered by This Action
------------------------------------------------------------------------
                                    40 CFR part 98    Federal Register
         Source category               subpart             notice
------------------------------------------------------------------------
General Stationary Fuel            C                74 FR 56260, 75 FR
 Combustion Sources.                                 79092.
Electricity Generation...........  D                74 FR 56260, 75 FR
                                                     79092.
Adipic Acid Production...........  E                74 FR 56260, 75 FR
                                                     66434.
Aluminum Production..............  F                74 FR 56260, 75 FR
                                                     79092.
Ammonia Manufacturing............  G                74 FR 56260, 75 FR
                                                     79092.
Cement Production................  H                74 FR 56260, 75 FR
                                                     66434.
Ferroalloy Production............  K                74 FR 56260, 75 FR
                                                     66434.
Glass Production.................  N                74 FR 56260, 75 FR
                                                     66434.
HCFC-22 Production and HFC-23      O                74 FR 56260, 75 FR
 Destruction.                                        66434.
Hydrogen Production..............  P                74 FR 56260, 75 FR
                                                     66434, 75 FR 79092.
Iron and Steel Production........  Q                74 FR 56260, 75 FR
                                                     66434.
Lead Production..................  R                74 FR 56260.
Lime Manufacturing...............  S                74 FR 56260, 75 FR
                                                     66434.
Miscellaneous Uses of Carbonate..  U                74 FR 56260.
Nitric Acid Production...........  V                74 FR 56260, 75 FR
                                                     66434, 75 FR 79092.
Petrochemical Production.........  X                74 FR 56260, 75 FR
                                                     79092.
Petroleum Refineries.............  Y                74 FR 56260, 75 FR
                                                     79092.
Phosphoric Acid Production.......  Z                74 FR 56260, 75 FR
                                                     66434.
Pulp and Paper Manufacturing.....  AA               74 FR 56260, 75 FR
                                                     79092.
Silicon Carbide Production.......  BB               74 FR 56260.
Soda Ash Manufacturing...........  CC               74 FR 56260, 75 FR
                                                     66434.
Titanium Dioxide Production......  EE               74 FR 56260, 75 FR
                                                     66434.
Zinc Production..................  GG               74 FR 56260, 75 FR
                                                     66434.
Municipal Solid Waste Landfills..  HH               74 FR 56260, 75 FR
                                                     66434.
Suppliers of Coal-based Liquid     LL               74 FR 56260.
 Fuels.
Suppliers of Petroleum Products..  MM               74 FR 56260, 75 FR
                                                     66434.
Suppliers of Natural Gas and       NN               74 FR 56260, 75 FR
 Natural Gas Liquids.                                66434, 75 FR 79092.
Suppliers of Industrial            OO               74 FR 56260, 75 FR
 Greenhouse Gases.                                   79092.
Suppliers of Carbon Dioxide......  PP               74 FR 56260, 75 FR
                                                     79092.
------------------------------------------------------------------------

B. Amendment

    This amendment to Part 98 extends the regulatory deadline for
reporters to report their 2010 GHG data from the current regulatory
deadline of March 31, 2011 until September 30, 2011. This deadline
extension includes the reporting deadline for those data elements used
as inputs to emission equations, which was deferred in the Interim
Final Regulation Deferring the Reporting Date for Certain Data Elements
Required Under the Mandatory Reporting of Greenhouse Gases Rule (75 FR
81338, December 27, 2010). Because the regulatory deadline for
reporters of 2010 GHG data to register in e-GGRT by submitting a
certificate of representation is at least 60 days before the reporting
deadline (40 CFR 98.4(d)), this reporting deadline extension also has
the effect of extending the registration deadline to at least 60 days
before September 30, 2011. This rule also corrects a typographical
error in 40 CFR part 98.3 by redesignating the second paragraph
(c)(4)(vi) as paragraph (c)(4)(viii). This final rule does not change
any other requirements of Part 98 or extend the reporting deadline for
future years.

III. Rationale for the Final Rule

    EPA has determined that an extension of the deadline for reporting
2010 GHG data under Part 98 is necessary to help successfully implement
the reporting tool and improve reporting and data quality in the first
year of the program. EPA deems this reporting deadline extension
necessary to allow EPA to test and refine e-GGRT more extensively; give
stakeholders the opportunity to test the tool and provide feedback to
EPA, allowing us to further refine the tool and better tailor our
training and outreach; and give reporters time to become familiar with
the tool in advance of the reporting deadline, improving their
reporting experience and the quality of the reported data.

IV. Need for a Final Rule

    EPA is issuing this final rule under section 307(d)(1) of the Clean
Air Act, which states: ``The provisions of section 553 through 557 * *
* of Title 5 shall not, except as expressly provided in this section,
apply to actions to which this subsection applies. This subsection
shall not apply in the case of any rule or circumstance referred to in
subparagraphs (A) or (B) of subsection 553(b) of Title 5.'' Consistent
with this language, EPA is using the good cause exemption under the
Administrative Procedure Act (APA) to take the actions set forth in
this final rule without prior notice and comment. See 5 U.S.C.
553(b)(B). Section 553(b) of the APA generally requires that any rule
to which it applies be issued only after the public has received notice
of, and had an opportunity to comment on, the proposed rule. However,
APA section 553(b)(B) exempts from those requirements any rule for
which the issuing agency for good cause finds that providing prior
notice and comment would be impracticable, unnecessary, or contrary to
the public interest. Thus, any rule for which EPA makes such a finding
is exempt from the notice and comment requirements of APA section
553(b).
    As explained below, EPA finds good cause to take the actions set
forth in this final rule without prior notice and comment because
providing prior notice and comment would be impracticable, unnecessary,
and contrary to the public interest. Notice and comment on this short
deadline extension are impracticable, as EPA likely would not be able
to complete a notice and comment rulemaking for a deadline extension
before the original March 31, 2011 reporting deadline, thus defeating
the purpose of undertaking such a rulemaking. As described in Section I
of

this preamble, EPA deems it important to engage stakeholders in testing
the Part 98 data reporting system and to use their feedback to refine
the system prior to the system's public release. Also as described
above, EPA also deems it important to improve the reporting experience
and data quality by giving reporters access to the reporting tool far
enough in advance of the first year's reporting deadline for reporters
to become familiar with the tool and for EPA to tailor outreach and
training based on their questions and feedback. The changes to the
reporting system required by the various additions and amendments to
Part 98, listed in Section I of this preamble, cumulatively prevented
EPA from developing the reporting tool in time to complete these
activities in advance of the original reporting date. These cumulative
effects did not become apparent in time for EPA to extend the reporting
deadline through a notice and comment rulemaking process, making that
process impracticable and necessitating this final rule. Additionally,
in January and February 2011, EPA received far more requests for
assistance with registration in e-GGRT, required for all reporters in
advance of reporting, than had been expected. The number and diversity
of requests for clarification or assistance with registration are
strong evidence of the necessity of stakeholder testing and advanced
reporter familiarity with the reporting system that only recently came
to light.
    Further, given the short period of time that this final rule will
extend the reporting deadline, and the fact that this rule will extend
the deadline only for 2010 data, EPA considers soliciting public
comment on this final rule to be unnecessary. This final rule simply
provides the Agency with brief additional time to engage stakeholders
in testing, incorporate feedback, and make final improvements to the
Part 98 electronic reporting tool, as well as to give reporters time to
become familiar with the tool in advance of the reporting deadline in
the first year of the program. EPA's intent to publish non-confidential
2010 data by the end of 2011 remains unchanged.
    EPA also considers soliciting public comment on this final rule,
which likely would prevent the rule from being finalized in time to
extend the reporting deadline by March 31, 2011, to be contrary to the
public interest. EPA is briefly extending the deadline for reporting
2010 data to allow EPA to solicit additional stakeholder feedback and
make final improvements to the electronic data reporting tool that are
important to the success of the reporting program. These adjustments
will improve the tool, improve user experience with the tool and with
the reporting program, and ultimately provide higher quality greenhouse
gas emissions data to EPA and to the public. Further, even if EPA could
complete a notice and comment deadline extension before March 31, 2011,
the risk that we would not be able to complete such a rulemaking before
the original reporting deadline would create regulatory uncertainty.
EPA thus finds good cause to briefly extend the reporting deadline
without notice and comment.
    EPA is also using the APA's good cause exemption to make this final
rule effective on March 18, 2011. See 5 U.S.C. 553(d)(3). Section
553(d) of the APA, 5 U.S.C. Chapter 5, generally provides that rules
may not take effect earlier than 30 days after they are published in
the Federal Register. EPA is issuing this final rule under CAA section
307(d)(1), which states: ``The provisions of section 553 through 557 *
* * of Title 5 shall not, except as expressly provided in this section,
apply to actions to which this subsection applies.'' Thus, section
553(d) of the APA does not apply to this rule. EPA is nevertheless
acting consistently with the purposes underlying APA section 553(d) in
making this rule effective on March 18, 2011.
    Section 553(d)(3) of the APA allows an effective date less than 30
days after publication ``as otherwise provided by the agency for good
cause found and published with the rule.'' As explained below, EPA
finds that there is good cause for this rule to become effective on
March 18, 2011, even though this results in an effective date fewer
than 30 days from date of publication in the Federal Register.
    The purpose of the 30-day waiting period prescribed in APA section
553(d) is to give affected parties a reasonable time period to adjust
their behavior and prepare before the final rule takes effect. This
final rule extends a reporting deadline, requiring little preparation
or behavior adjustment. A shorter effective date in such circumstances
is consistent with the purposes of APA section 553(d), which provides
an exception for any action that grants or recognizes an exemption or
relieves a restriction. Further, APA section 553(d)(3) provides that if
the issuing agency has made a finding of good cause and published its
reasoning with the rule, the rule may take effect sooner than 30 days.
EPA has determined that good cause exists to extend the reporting
deadline for 2010 data until September 30, 2011 in this final rule
without prior notice and comment, because prior notice and comment
would be impracticable, unnecessary, and contrary to the public
interest for the reasons stated above. Accordingly, we find that good
cause exists to make this rule effective on March 18, 2011, consistent
with the purposes of APA section 553(d)(3).

V. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under the Executive Order.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden.
This final rule extends the reporting deadline for 2010 data, so it
does not increase the reporting burden. However, OMB has previously
approved the information collection requirements contained in the
regulations promulgated on October 30, 2009, under 40 CFR part 98 under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
and has assigned OMB control number 2060-0629. EPA has also submitted
the Information Collection Request requirements for four additional
Part 98 subparts promulgated on July 12, 2010 to OMB for approval (see
75 FR 39756). The OMB control numbers for EPA's regulations in 40 CFR
are listed in 40 CFR part 9.

C. Regulatory Flexibility Act (RFA)

    The RFA generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act or any
other statute unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small organizations, and small
governmental jurisdictions.
    For purposes of assessing the effects of this rule on small
entities, ``small entity'' is defined as: (1) A small business as
defined by the Small Business Administration's regulations at 13 CFR
121.201; (2) a small governmental jurisdiction that is a government of
a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently

owned and operated and is not dominant in its field.
    After considering the economic impacts of this final rule on small
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. The rule
will not impose any new requirements on small entities that are not
currently required by Part 98.

D. Unfunded Mandates Reform Act (UMRA)

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2
U.S.C. 1531-1538, requires Federal agencies, unless otherwise
prohibited by law, to assess the effects of their regulatory actions on
State, local, and tribal governments and the private sector. Federal
agencies must also develop a plan to provide notice to small
governments that might be significantly or uniquely affected by any
regulatory requirements. The plan must enable officials of affected
small governments to have meaningful and timely input in the
development of EPA regulatory proposals with significant Federal
intergovernmental mandates and must inform, educate, and advise small
governments on compliance with the regulatory requirements.
    The amendment to 40 CFR part 98 does not contain a Federal mandate
that may result in expenditures of $100 million or more for State,
local, and tribal governments, in the aggregate, or the private sector
in any one year. The amendment only postpones the reporting date for
2010 data under Part 98, so it does not increase the costs for
facilities to comply with Part 98. Thus, the action is not subject to
the requirements of sections 202 or 205 of UMRA.
    In developing Part 98, EPA consulted with small governments
pursuant to a plan established under section 203 of UMRA to address
effects of regulatory requirements in the rule that might significantly
or uniquely affect small governments. For a summary of EPA's
consultations with State and/or local officials or other
representatives of State and/or local governments in developing Part
98, see Section VIII.D of the preamble to the final rule (74 FR 56370,
October 30, 2009).

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, as
specified in Executive Order 13132. However, for a more detailed
discussion about how Part 98 relates to existing State programs, please
see Section II of the preamble to the final rule (74 FR 56266, October
30, 2009).
    This amendment applies to facilities that emit or supply
greenhouses gases. It does not apply to government entities unless a
government entity owns a facility that directly emits greenhouse gases
above threshold levels (such as a landfill), so relatively few
government facilities would be affected. This regulation also does not
limit the power of States or localities to collect GHG data and/or
regulate GHG emissions. Thus, Executive Order 13132 does not apply to
this action. For a summary of EPA's consultation with State and local
organizations and representatives in developing Part 98, see Section
VIII.E of the preamble to the final rule (74 FR 56371, October 30,
2009).

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

    This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). The rule does
not result in any changes to the requirements of Part 98 other than
postponing the reporting deadline for 2010 GHG data until September 30,
2011. Thus, Executive Order 13175 does not apply to this action. For a
summary of EPA's consultations with tribal governments and
representatives, see section VIII.F of the preamble to the final rule
(74 FR 56371, October 30, 2009).

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

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying only to those regulatory actions that concern health or
safety risks, such that the analysis required under section 5-501 of
the Executive Order has the potential to influence the regulation. This
action is not subject to Executive Order 13045 because it does not
establish an environmental standard intended to mitigate health or
safety risks.

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

    This action is not subject to Executive Order 13211 (66 FR 28355,
May 22, 2001), because it is not a significant regulatory action under
Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113 (15 U.S.C. 272 note) directs
EPA to use voluntary consensus standards in its regulatory activities
unless to do so would be inconsistent with applicable law or otherwise
impractical. Voluntary consensus standards are technical standards
(e.g., materials specifications, test methods, sampling procedures, and
business practices) that are developed or adopted by voluntary
consensus standards bodies. NTTAA directs EPA to provide Congress,
through OMB, explanations when the Agency decides not to use available
and applicable voluntary consensus standards.
    The rule does not involve technical standards. Therefore, EPA is
not considering the use of any voluntary consensus standards.

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

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
    EPA has determined that this final rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. The amendment addresses only reporting procedures.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. Section 808 allows the issuing agency to make a rule
effective sooner than otherwise provided by the CRA if the agency makes
a good cause finding that notice

and public procedure is impracticable, unnecessary or contrary to the
public interest. This determination must be supported by a brief
statement. 5 U.S.C. 808(2). As stated above, EPA has made such a good
cause finding, including the reasons therefore, and established an
effective date of March 18, 2011. 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. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).

List of Subjects in 40 CFR Part 98

    Environmental protection, Administrative practice and procedure,
Greenhouse gases, Reporting and recordkeeping requirements.

    Dated: March 11, 2011.
Lisa P. Jackson,
Administrator.

    For the reasons set out in the preamble, title 40, Chapter I, of
the Code of Federal Regulations is amended as follows:

PART 98--[AMENDED]

0
1. The authority citation for part 98 continues to read as follows:

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

Subpart A--[Amended]

0
2. Section 98.3 is amended by:
0
a. Revising paragraph (b) introductory text.
0
b. Redesignating the second paragraph (c)(4)(vi) as paragraph
(c)(4)(viii).
0
c. Revising paragraph (c)(4)(vii).
0
d. Revising paragraph (d)(3) introductory text.

Sec.  98.3  What are the general monitoring, reporting, recordkeeping
and verification requirements of this part?

* * * * *
    (b) Schedule. The annual GHG report for reporting year 2010 must be
submitted no later than September 30, 2011. The annual report for
reporting years 2011 and beyond must be submitted no later than March
31 of each calendar year for GHG emissions in the previous calendar
year. As an example, for a facility or supplier that is subject to the
rule in calendar year 2011, the annual report must be submitted on
March 31, 2012.
* * * * *
    (c) * * *
    (4) * * *
    (vii) The owner or operator of a facility is not required to report
the data elements specified in Table A-6 of this subpart for calendar
year 2010 until September 30, 2011.
* * * * *
    (d) * * *
    (3) Abbreviated emissions report for facilities containing only
general stationary fuel combustion sources. In lieu of the report
required by paragraph (c) of this section, the owner or operator of an
existing facility that is in operation on January 1, 2010 and that
meets the conditions of Sec.  98.2(a)(3) may submit an abbreviated GHG
report for the facility for GHGs emitted in 2010. The abbreviated
report must be submitted by September 30, 2011. An owner or operator
that submits an abbreviated report must submit a full GHG report
according to the requirements of paragraph (c) of this section
beginning in calendar year 2012. The abbreviated facility report must
include the following information:
* * * * *

0
3. Table A-6 to subpart A of part 98 is amended by revising the heading
to read as follows:

Table A-6 to Subpart A of Part 98--Data Elements That Are Inputs to
Emission Equations and for Which the Reporting Deadline Is Changed to
September 30, 2011

* * * * *
[FR Doc. 2011-6417 Filed 3-17-11; 8:45 am]
BILLING CODE 6560-50-P