[Federal Register: August 13, 2007 (Volume 72, Number 155)]
[Rules and Regulations]
[Page 45165-45169]
[DOCID:fr13au07-12]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2006-0060; FRL-8452-6]

Approval and Promulgation of Air Quality Implementation Plans;
Virginia; State Implementation Plan Revision Variance for International
Paper, Franklin Paper Mill, Virginia

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve revisions to the
Commonwealth of Virginia State Implementation Plan (SIP). This action
will approve the SIP revision request submitted by the Commonwealth of
Virginia, consisting of the variance regulations adopted by Virginia
for the International Paper, Franklin Paper Mill facility. The variance
regulations provide regulatory relief from compliance with state
regulations governing new source review for the implementation of the
International Paper, Franklin Paper Mill innovation project. In lieu of
compliance with these regulatory requirements, the variance requires
the facility to comply with site-wide emission caps. EPA is approving
this revision to the Commonwealth of Virginia State Implementation Plan
in accordance with the requirements of the Clean Air Act.

DATES: This rule is effective on October 12, 2007 without further
notice, unless EPA receives adverse written comment by September 12,
2007. If EPA receives such comments, it will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2006-0060 by one of the following methods:
    A. http://www.regulations.gov. Follow the on-line instructions for

submitting comments.
    B. E-mail<EMAIL_ADDRESS>    C. Mail: EPA-R03-OAR-2006-0060, David Campbell, Chief, Permits and
Technical Assessment Branch, Mailcode 3AP11, U.S. Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2006-0060. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
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 http://www.regulations.gov or e-mail.

The http://www.regulations.gov Web site 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 http://www.regulations.gov,

your e-mail address will be automatically captured and included as part
of the comment that is placed in the public 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 electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some

information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://www.regulations.gov or

in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal
are available at the Virginia Department of Environmental Quality, 629
East Main Street, Richmond, Virginia 23219.

FOR FURTHER INFORMATION CONTACT: Sharon McCauley,<PHONE_NUMBER>, or by
e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    International Paper operates a pulp and paper mill located in
Franklin, Virginia. International Paper is a member of EPA's voluntary
National Environmental Performance Track Program and the Virginia
Department of Environmental Quality's (VADEQ) Environmental Excellence
Program. International Paper had entered into a partnership with the
U.S. EPA and the VADEQ to implement an innovative approach to meeting
environmental regulations in a more cost-effective manner.
International Paper submitted a proposal for such an innovative project
to VADEQ. International Paper's innovation project relied on the
principles established in the Joint EPA/State Agreement to Pursue
Regulatory Innovation that was signed by EPA and the Environmental
Council of States (ECOS) in 1998.
    The International Paper innovation project includes a number of
environmentally beneficial projects that will: (1) Reduce groundwater
use; (2) reduce solid waste generation and disposal; (3) reduce
chemical and biological oxygen demand, and total suspended solids
discharges to surface water; (4) reduce overall emissions for a number
of air pollutants; and, (5) increase the efficiency of pulp production.
    By implementing this project, emissions of hazardous air pollutants
will be reduced at the Mill by an estimated 430 tons per year.
Emissions increases of criteria pollutants and carbon dioxide from
typical NESHAP control strategies will also be reduced under this
project. These reductions, along with improvements in the combustion
efficiencies of the No. 7 power boiler and No. 6 recovery furnace will
result in a decreased use of fossil fuels and will net large decreases
in criteria pollutant emissions from the Mill. The reduction in useable
fiber discharges in the mill sewer along with improvements in the
performance of the wastewater treatment system will result in
substantial reductions in discharges of wastewater pollutants.
Generation of thousands of tons per year of solid waste will also be
eliminated.
    In order to implement these projects, certain innovations to the
typical regulatory implementation process were necessary in order to
make these environmentally beneficial projects a reality. First, the
International Paper innovation project required an

alternative regulatory approach under section 112 of the Clean Air Act
(CAA). Pursuant to section 112, EPA promulgates the national emissions
standards for hazardous air pollutants (NESHAP) for various categories
of air pollution sources. On April 15, 1998, EPA promulgated a NESHAP
for the Pulp and Paper Industry, as codified at 40 CFR part 63, subpart
S, Sec.  63.440 through 63.459. International Paper's Franklin Mill is
subject to subpart S. Under Section 112(l) of the CAA, EPA may approve
State or local rules or programs to be implemented and enforced in
place of certain otherwise applicable Federally-promulgated section 112
rules, emission standards, or requirements. On April 15, 2004 (69 FR
19943), EPA published in the Federal Register an approval of an
equivalency-by-permit determination made by the VADEQ for the
International Paper, Franklin Mill. The VADEQ established the new
requirements via a title V operating permit issued to the facility on
March 31, 2006. In general, the equivalency-by-permit terms require
International Paper to control different emission points of hazardous
air pollutants (HAPs) at its facility than prescribed by the Pulp and
Paper NESHAP (subpart S).
    In addition to the approval above and in order to implement some of
the other environmentally-beneficial projects contained in the
innovation project proposal, International Paper would also need
certain flexibility under the Commonwealth's existing preconstruction
permitting regulations. The subject of this rulemaking action is to
allow for those flexibilities by providing a limited variance to
Virginia's existing permitting regulations. The variance allows the
Commonwealth to establish site-wide emissions caps for a variety of
pollutants, mostly criteria pollutants. The site-wide caps would be
relied upon to limit the applicability of the provisions of Virginia's
federally-enforceable major new source review provisions. Under
Virginia's existing programs, sources may not rely upon site-wide
emissions caps in order to limit the applicability of major new source
review.
    Typically, unit-specific limitations are required. The site-wide
caps allow International Paper to make certain changes to its emission
sources, primarily the boilers, that will allow them to maximize their
utilization while minimizing their existing emissions and limiting
their future potential emissions. Site-wide emissions caps are a type
of new source review program flexibility that EPA has experimented with
in the past. In fact, EPA made changes to the federal new source review
regulations at the end of 2002 (See 67 FR 80186) that incorporated this
type of regulatory flexibility and called it a ``plantwide
applicability limit''.

II. Summary of SIP Revision

    On December 13, 2005, the DEQ submitted a State Implementation Plan
(SIP) approval request entitled ``Variance for International Paper,
Franklin Paper Mill''. The applicable regulations for the variance were
adopted by the State Air Pollution Control Board on June 22, 2005 in
accordance with the requirements of the Virginia Air Pollution Control
Law at Title 10.1 Chapter 13 of the Code of Virginia and 40 CFR part
51. These regulations allow the VADEQ to issue a permit for
International Paper that will replace all previously issued minor NSR
permits and PSD permits and establish site-wide emission caps for a
number of regulated pollutants that may be relied upon for purposes of
new source review applicability. The variance provides regulatory
relief from compliance with state regulations governing new source
review (Virginia Code--Article 4 of Chapter 50, and Articles 6, 8 and 9
of Chapter 80) for the implementation of the International Paper
innovation project. In lieu of compliance with these regulatory
requirements, the variance requires the facility to comply with site-
wide emission caps.

III. General Information Pertaining to SIP Submittals From the
Commonwealth of Virginia

    In 1995, Virginia adopted legislation that provides, subject to
certain conditions, for an environmental assessment (audit)
``privilege'' for voluntary compliance evaluations performed by a
regulated entity. The legislation further addresses the relative burden
of proof for parties either asserting the privilege or seeking
disclosure of documents for which the privilege is claimed. Virginia's
legislation also provides, subject to certain conditions, for a penalty
waiver for violations of environmental laws when a regulated entity
discovers such violations pursuant to a voluntary compliance evaluation
and voluntarily discloses such violations to the Commonwealth and takes
prompt and appropriate measures to remedy the violations. Virginia's
Voluntary Environmental Assessment Privilege Law, Va. Code Sec. 10.1-
1198, provides a privilege that protects from disclosure documents and
information about the content of those documents that are the product
of a voluntary environmental assessment. The Privilege Law does not
extend to documents or information (1) that are generated or developed
before the commencement of a voluntary environmental assessment; (2)
that are prepared independently of the assessment process; (3) that
demonstrate a clear, imminent and substantial danger to the public
health or environment; or (4) that are required by law.
    On January 12, 1998, the Commonwealth of Virginia Office of the
Attorney General provided a legal opinion that states that the
Privilege Law, Va. Code Sec. 10.1-1198, precludes granting a privilege
to documents and information ``required by law,'' including documents
and information ``required by Federal law to maintain program
delegation, authorization or approval,'' since Virginia must ``enforce
Federally authorized environmental programs in a manner that is no less
stringent than their Federal counterparts * * *.'' The opinion
concludes that ``[r]egarding Sec.  10.1-1198, therefore, documents or
other information needed for civil or criminal enforcement under one of
these programs could not be privileged because such documents and
information are essential to pursuing enforcement in a manner required
by Federal law to maintain program delegation, authorization or
approval.''
    Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides that
``[t]o the extent consistent with requirements imposed by Federal
law,'' any person making a voluntary disclosure of information to a
state agency regarding a violation of an environmental statute,
regulation, permit, or administrative order is granted immunity from
administrative or civil penalty. The Attorney General's January 12,
1998 opinion states that the quoted language renders this statute
inapplicable to enforcement of any Federally authorized programs, since
``no immunity could be afforded from administrative, civil, or criminal
penalties because granting such immunity would not be consistent with
Federal law, which is one of the criteria for immunity.''
    Therefore, EPA has determined that Virginia's Privilege and
Immunity statutes will not preclude the Commonwealth from enforcing its
program consistent with the Federal requirements. In any event, because
EPA has also determined that a state audit privilege and immunity law
can affect only state enforcement and cannot have any impact on Federal
enforcement authorities, EPA may at any time invoke its authority under
the Clean Air Act, including, for example,

sections 113, 167, 205, 211 or 213, to enforce the requirements or
prohibitions of the state plan, independently of any state enforcement
effort. In addition, citizen enforcement under section 304 of the Clean
Air Act is likewise unaffected by this, or any, state audit privilege
or immunity law.

IV. Final Action

    EPA is approving this SIP revision request submitted by the
Commonwealth of Virginia. This revision consists of approving the
variance regulations adopted by Virginia at 9 VAC 5 Chapter 230 for the
International Paper, Franklin Paper Mill. The variance provides
regulatory relief from compliance with state regulations governing new
source review for the implementation of the International Paper
innovation project. In lieu of compliance with these regulatory
requirements, the variance requires the facility to comply with site-
wide emission caps. EPA is publishing this rule without prior proposal
because the Agency views this as a non-controversial amendment and
anticipates no adverse comment. This variance includes a number of
environmentally beneficial projects which will reduce groundwater use,
reduce solid waste generation and disposal, reduce Chemical Oxygen
Demand and Total Suspended Solids disposal to surface water, increase
the efficiency of pulp production and reduce overall emissions for a
number of air pollutants. However, in the ``Proposed Rules'' section of
today's Federal Register, EPA is publishing a separate document that
will serve as the proposal to approve the SIP revision if adverse
comments are filed. This rule will be effective on October 12, 2007
without further notice unless EPA receives adverse comment by September
12, 2007. If EPA receives adverse comment, EPA will publish a timely
withdrawal in the Federal Register informing the public that the rule
will not take effect. EPA will address all public comments in a
subsequent final rule based on the proposed rule. EPA will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time. Please note that if
EPA receives adverse comment on an amendment, paragraph, or section of
this rule and if that provision may be severed from the remainder of
the rule, EPA may adopt as final those provisions of the rule that are
not subject of an adverse comment.

V. Statutory and Executive Order Reviews

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4). This rule also does not
have tribal implications because it will not have a substantial direct
effect on one or more Indian tribes, on the relationship between the
Federal Government and Indian tribes, or on the distribution of power
and responsibilities between the Federal Government and Indian tribes,
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
This action also does not have Federalism implications because it does
not have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132 (64 FR 43255, August 10, 1999).
This action merely approves a state rule implementing a Federal
requirement, and does not alter the relationship or the distribution of
power and responsibilities established in the Clean Air Act. This rule
also is not subject to Executive Order 13045 ``Protection of Children
from Environmental Health Risks and Safety Risks'' (62 FR 19885, April
23, 1997), because it approves a state rule implementing a Federal
standard.
    In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).

C. Petitions for Judicial Review

    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 October 12, 2007. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action approving the variance for International
Paper, Franklin Paper Mill in Franklin, Virginia may not be challenged
later in proceedings to enforce its requirements. (See section
307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: July 31, 2007.
William T. Wisniewski,
Acting Regional Administrator, Region III.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for 40 CFR Part 52 continues to read as
follows:

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

Subpart VV--Virginia

0
2. In Sec.  52.2420, the table in paragraph (c) is amended by adding
the entry for Chapter 230 to read as follows:

Sec.  52.2420  Identification of plan.

* * * * *
    (c) * * *

                                 EPA-Approved Virginia Regulations and Statutes
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                                                            State                            Explanation [former
    State citation (9 VAC 5)         Title/subject     effective date    EPA approval date      SIP citation]
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
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                        Chapter 230 Variance for International Paper Franklin Paper Mill
----------------------------------------------------------------------------------------------------------------
5-230-10........................  Applicability and          09/07/05  08/13/07 [Insert      ...................
                                   designation of                       page number where
                                   affected facility.                   the document
                                                                        begins].
5-230-20........................  Definitions........        09/07/05  08/13/07 [Insert      ...................
                                                                        page number where
                                                                        the document
                                                                        begins].
5-230-30........................  Authority to               09/07/05  08/13/07 [Insert      ...................
                                   operate under this                   page number where
                                   chapter and FESOP.                   the document
                                                                        begins].
5-230-40 (Except A.7., A.9.,      Sitewide Emissions         09/07/05  08/13/07 [Insert      ...................
 A.10., and B.2.).                 Caps.                                page number where
                                                                        the document
                                                                        begins]
5-230-50........................  New Source Review          09/07/05  08/13/07 [Insert      ...................
                                   program and                          page number where
                                   registration                         the document
                                   requirements.                        begins].
5-230-60 (Except A.1.)..........  Other regulatory           09/07/05  08/13/07 [Insert      ...................
                                   requirements.                        page number where
                                                                        the document
                                                                        begins].
5-230-70........................  Federal Operating          09/07/05  08/13/07 [Insert      ...................
                                   Permits.                             page number where
                                                                        the document
                                                                        begins].
5-230-80........................  FESOP issuance and         09/07/05  08/13/07 [Insert      ...................
                                   amendments.                          page number where
                                                                        the document
                                                                        begins].
5-230-90........................  Transfer of                09/07/05  08/13/07 [Insert      ...................
                                   ownership.                           page number where
                                                                        the document
                                                                        begins].
5-230-100.......................  Applicability of           09/07/05  08/13/07 [Insert      ...................
                                   future regulation                    page number where
                                   amendments.                          the document
                                                                        begins].
5-230-110.......................  Termination of             09/07/05  08/13/07 [Insert      ...................
                                   authority to                         page number where
                                   operate under this                   the document
                                   chapter and FESOP.                   begins].
5-230-120.......................  Review and                 09/07/05  08/13/07 [Insert      ...................
                                   confirmation of                      page number where
                                   this chapter by                      the document
                                   Board.                               begins].

                                                  * * * * * * *
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[FR Doc. E7-15587 Filed 8-10-07; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 73 (Monday, April 16, 2012)]
[Notices]
[Pages 22623-22624]
[FR Doc No: 2012-9010]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66777; File No. SR-ICC-2012-04]

 Self-Regulatory Organizations; ICE Clear Credit LLC; Notice of
Filing of Proposed Rule Change To Add Rules Related to the Clearing of
Emerging Markets Sovereign Index CDS

April 10, 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 3, 2012, ICE Clear Credit LLC (``ICC'') filed with the
Securities and Exchange Commission (``Commission'') the proposed rule
change as described in Items I, II, and III below, which Items have
been prepared primarily by ICC.\3\ 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.
    \3\ The Commission has modified the text of the descriptions
prepared by ICC.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The purpose of the proposed rule change is to adopt new rules that
will provide the basis for ICC to clear additional credit default swap
(``CDS'') contracts. Specifically, ICC is proposing to amend Chapter 26
of its rules to add Section 26C to provide for the clearance of the CDX
Emerging Markets CDS contracts (``CDX.EM Contracts''), which reference
an emerging market sovereign index. Upon Commission approval, ICC will
list the five year tenor of the CDX.EM Series 14, 15, 16 and 17
contracts.
    As discussed in more detail in Item II(A) below, Section 26C (CDX
Untranched Emerging Markets) provides for the definitions and certain
specific contract terms for cleared CDX.EM Contracts. A conforming
change is also made to the definition of ``Restructuring CDS Contract''
in Section 26E (CDS Restructuring Rules) to encompass components of
CDX.EM Contracts that are subject to a restructuring credit event.

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

    In its filing with the Commission, ICC included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. ICC has prepared summaries, set forth in sections (A),
(B), and (C) below, of the most significant aspects of these
statements.

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

    ICC has identified CDX.EM Contracts as a product that has become
increasingly important for market participants to manage risk and
express views with respect to emerging market sovereign credit. ICC
believes clearance of CDX.EM Contracts will facilitate the prompt and
accurate settlement of swaps and contribute to the safeguarding of
securities and funds associated with swap transactions.
    CDX.EM Contracts have similar terms to the CDX North American Index
CDS contracts (``CDX.NA Contracts'') currently cleared by ICC and
governed by Section 26A of the ICC rules. Accordingly, the proposed
rules found in Section 26C largely mirror the ICC rules for CDX.NA
Contracts in Section 26A, with certain modifications that reflect the
underlying reference entities (sovereign reference entities instead of
corporate) and differences in terms and market conventions between
CDX.EM Contracts and CDX.NA Contracts. The CDX.EM Contracts reference
the CDX.EM Index, the current series of which consists of 15 emerging
market sovereign entities: Argentina, Venezuela, Brazil, Malaysia,
Colombia, Hungary, Indonesia, Panama, Peru, South Africa, the
Philippines, Turkey, Russia, Ukraine and Mexico. CDX.EM Contracts,
consistent with market convention and widely used standard terms
documentation, can be triggered by credit events for failure to pay,
restructuring and repudiation/moratorium (by contrast to the credit
events of failure to pay and bankruptcy applicable to the CDX.NA
Contracts). CDX.EM Contracts will only be denominated in U.S. dollars.
    Rule 26C-102 (Definitions) sets forth the definitions used for the
CDX.EM Contract Rules. An ``Eligible CDX.EM Untranched Index'' is
defined as ``each particular series and version of a CDX.EM index or
sub-index, as published by the CDX.EM Untranched Publisher, included
from time to time in the List of Eligible CDX.EM Untranched Indexes,''
which is a list maintained, updated and published from time to time by
the ICC board of directors or its designee, containing certain
specified information with respect to each index. ``CDX.EM Untranched
Terms Supplement'' refers to the market standard form of documentation
used for credit default swaps on the CDX.EM index, which is
incorporated by reference into the contract specifications in Chapter
26C. The remaining definitions are substantially the same as the
definitions found in ICC Section 26A, other than certain conforming
changes.
    Specifically, Rules 26C-309 (Acceptance of CDX.EM Untranched
Contract), 26C-315 (Terms of the Cleared CDX.EM Untranched Contract),
and 26C-316 (Updating Index Version of Fungible Contracts After a
Credit Event or a Succession Event; Updating Relevant Untranched
Standard Terms Supplement) reflect or incorporate the basic contract
specifications for CDX.EM Contracts and are substantially the same as
under ICC Section 26A for CDX.NA Contracts. In addition to various non-
substantive conforming changes, proposed Rule 26C-317 (Terms of CDX.EM
Untranched Contracts) differs from the corresponding Rule 26A-317 to
reflect the fact that restructuring and repudiation/moratorium are
credit events for the CDX.EM Contract. (CDX.NA Contracts currently
cleared by ICC do not use the restructuring and repudiation/moratorium
credit event.)
    In addition, a conforming change is made to the definition of
``Restructuring CDS Contract'' in Section 26E (CDS Restructuring Rules)
to address components of CDX.EM Contracts that become subject to a
restructuring credit event. The treatment of such restructuring credit
events for CDX.EM Contracts will thus be as set forth in existing
Section 26E of the Rules.
    ICC believes that the proposed rule change is consistent with the
requirements of Section 17A of the Act and the rules and regulations
thereunder applicable to it. ICC believes that the clearance of CDX.EM
Contracts will facilitate the prompt and accurate settlement of swaps
and contribute to the safeguarding of securities and funds associated
with swap transactions.

(B) Self-Regulatory Organization's Statement on Burden on Competition

    ICC does not believe the proposed rule change would have any
impact, or impose any burden, on competition.

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

    Written comments relating to the proposed rule change have not been
solicited or received. ICC will notify the Commission of any written
comments received by ICC.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) By order approve or disapprove the proposed rule change or
    (B) institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml) or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-ICC-2012-04 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-ICC-2012-04. 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 Section, 100 F Street
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of such filings will also be available for
inspection and copying at the principal office of ICC and on ICC's Web
site at https://www.theice.com/publicdocs/regulatory_filings/040312b_ICEClearCredit.pdf.
    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-ICC-2012-04
and should be submitted on or before May 7, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\4\
---------------------------------------------------------------------------

    \4\ 17 CFR 200.30-3(a)(12).
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Kevin O'Neill,
Deputy Secretary.
[FR Doc. 2012-9010 Filed 4-13-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 169 (Monday, August 31, 2020)]
[Rules and Regulations]
[Pages 53676-53679]
[FR Doc No: 2020-17217]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 600

[EPA-HQ-OAR-2020-0314; FRL-10012-25-OAR]
RIN 2060-AU89

Technical Correction to the Flex-Fuel Vehicle Provisions in CAFE
Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: This direct final rule corrects an error in EPA's regulations
for test procedures used in the Corporate Average Fuel Economy (CAFE)
program finalized in a 2012 rulemaking. EPA established the procedures
under the general provisions of Energy Policy and Conservation Act
(EPCA) which authorize EPA to establish test and calculation procedures
for CAFE. The correction clarifies the method for how flex-fuel
vehicles are accounted for in manufacturer fuel economy calculations in
model years 2020 and later. This correction allows the program to be
implemented as originally intended in the 2012 rule. This rulemaking
action is not expected to result in any significant changes in
regulatory burdens or costs.

DATES: This rule is effective on November 30, 2020 without further
notice, unless EPA receives adverse comment by October 15, 2020. If EPA
receives adverse comment, we will publish a timely withdrawal in the
Federal Register informing the public that the rule, or the relevant
provisions of this rule on which EPA received adverse comment, will not
take effect.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OAR-2020-0314, by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov/
(our preferred method). Follow the online instructions for submitting
comments.
     Email<EMAIL_ADDRESS>Include Docket ID No. EPA-
HQ-OAR-2020-0314 in the subject line of the message.
     Fax:<PHONE_NUMBER> Include Docket ID No. EPA-HQ-OAR-2020-
0314 on the cover of the fax.
     Mail: U.S. Environmental Protection Agency, EPA Docket
Center, OAR, Docket EPA-HQ-OAR-2020-0314, Mail Code 28221T, 1200
Pennsylvania Avenue NW, Washington, DC 20460.
     Hand Delivery/Courier: EPA Docket Center, WJC West
Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004.
The Docket Center's hours of operations are 8:30 a.m.-4:30 p.m.,
Monday-Friday (except Federal Holidays).
    Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received may be posted without change
to https://www.regulations.gov/, including any personal information
provided. For detailed instructions on sending comments and additional
information on the rulemaking process, see the ``Public Participation''
heading of the SUPPLEMENTARY INFORMATION section of this document. Out
of an abundance of caution for members of the public and our staff, the
EPA Docket Center and Reading Room are closed to the public, with
limited exceptions, to reduce the risk of transmitting COVID-19. Our
Docket Center staff will continue to provide remote customer service
via email, phone, and webform. We encourage the public to submit
comments via https://www.regulations.gov/ or email, as there may be a
delay in processing mail and faxes. Hand deliveries and couriers may be
received by scheduled appointment only. For further information on EPA
Docket Center services and the current status, please visit us online
at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Christopher Lieske, Office of
Transportation and Air Quality (OTAQ), Assessment and Standards
Division (ASD), Environmental Protection Agency, 2000 Traverwood Drive,
Ann Arbor MI 48105; telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>fax number:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Why is EPA using a direct final rule?

    EPA is publishing this rule without a prior proposed rule because
we view this as a noncontroversial action and anticipate no adverse
comment. EPA believes this to be the case because the direct final rule
corrects an error in the regulations and the corrections will allow the
program to be implemented as originally intended, consistent with the
original final rule. However, in the ``Proposed Rules'' section of this
issue of the Federal Register, we are publishing a separate document
that will serve as the proposed rule to correct the regulations if
adverse comments are received on this direct final rule. We will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time. For further
information about commenting on this rule, see the ADDRESSES section of
this document.
    If EPA receives adverse comment, we will publish a timely
withdrawal in the Federal Register informing the public that this
direct final rule will not take effect. If we receive adverse comment
on a distinct provision of this rulemaking, we will publish a timely
withdrawal in the Federal Register indicating which provisions we are
withdrawing. The provisions that are not withdrawn will become
effective on the date set out above, notwithstanding adverse

comment on any other provision. We would address all public comments in
any subsequent final rule based on the proposed rule.

II. Does this action apply to me?

    This action affects companies that manufacture or sell passenger
automobiles (passenger cars) and non-passenger automobiles (light
trucks) as defined under NHTSA's CAFE regulations.\1\ Regulated
categories and entities include:
---------------------------------------------------------------------------

    \1\ ``Passenger car'' and ``light truck'' are defined in 49 CFR
part 523.

------------------------------------------------------------------------
                                        NAICS    Examples of potentially
              Category                codes \A\     regulated entities
------------------------------------------------------------------------
Industry............................     336111  Motor Vehicle
                                         336112   Manufacturers.
Industry............................     811111  Commercial Importers of
                                         811112   Vehicles and Vehicle
                                         811198   Components.
                                         423110
Industry............................     335312  Alternative Fuel
                                         811198   Vehicle Converters.
------------------------------------------------------------------------
\A\ North American Industry Classification System (NAICS).

    This list is not intended to be exhaustive, but rather provides a
guide regarding entities likely to be regulated by this action. To
determine whether particular activities may be regulated by this
action, you should carefully examine the regulations. You may direct
questions regarding the applicability of this action to the person
listed in FOR FURTHER INFORMATION CONTACT.

III. Public Participation

    EPA will keep the record open until October 15, 2020. All
information will be available for inspection at the EPA Air Docket No.
EPA-HQ-OAR-2020-0314. Submit your comments, identified by Docket ID No.
EPA-HQ-OAR-2020-0314, at https://www.regulations.gov (our preferred
method), or the other methods identified in the ADDRESSES section. Once
submitted, comments cannot be edited or removed from the docket. The
EPA may publish any comment received to its public docket. Do not
submit to EPA's docket at https://www.regulations.gov any information
you consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
    The EPA is temporarily suspending its Docket Center and Reading
Room for public visitors, with limited exceptions, to reduce the risk
of transmitting COVID-19. Our Docket Center staff will continue to
provide remote customer service via email, phone, and webform. We
encourage the public to submit comments via https://www.regulations.gov/ as there may be a delay in processing mail and
faxes. Hand deliveries or couriers will be received by scheduled
appointment only. For further information and updates on EPA Docket
Center services, please visit us online at https://www.epa.gov/dockets.
    The EPA continues to carefully and continuously monitor information
from the Centers for Disease Control and Prevention (CDC), local area
health departments, and our Federal partners so that we can respond
rapidly as conditions change regarding COVID-19.

IV. Direct Final Rule Provisions

    This direct final rule corrects a technical error in EPA
regulations pertaining to the treatment of model year (MY) 2020 and
later E85 flex-fuel vehicles (FFVs) in the Corporate Average Fuel
Economy (CAFE) program. These provisions were established in the 2012
final rule ``2017 and Later Model Year Light-Duty Vehicle Greenhouse
Gas Emissions and Corporate Average Fuel Economy Standards,'' where EPA
adopted new test procedures for weighting the measured fuel economy of
MY 2020 and later FFVs when the vehicles are tested on both E85 and
gasoline test fuels.\2\ EPA established the procedures under the
general provisions of Energy Policy and Conservation Act (EPCA) which
authorize EPA to establish test and calculation procedures for CAFE.\3\
---------------------------------------------------------------------------

    \2\ See 77 FR 62830 and 63127, October 15, 2012.
    \3\ 49 U.S.C. 32904(a), (c).
---------------------------------------------------------------------------

    49 U.S.C. 32905 specifies how the fuel economy of dual fuel
vehicles is to be calculated for the purposes of CAFE through the 2019
model year. The basic calculation includes a 50/50 harmonic average
weighting of the fuel economy for the alternative fuel and the
conventional fuel, irrespective of the actual usage of each fuel. In a
related provision, 49 U.S.C. 32906, the amount by which a
manufacturer's CAFE value (for domestic passenger cars, import
passenger cars, or light-duty trucks) can be improved by the statutory
incentive for dual fuel vehicles is limited by EPCA to 1.2 mpg through
2014, and then gradually reduced until it is phased out entirely
starting in model year 2020.\4\
---------------------------------------------------------------------------

    \4\ 49 U.S.C. 32906.
---------------------------------------------------------------------------

    Recognizing the expiration of the special calculation procedures in
49 U.S.C. 32905 for dual fuel vehicles, EPA established in the 2012
rule, calculation procedures for model years 2020 and later FFVs under
the general provisions of EPCA noted above authorizing EPA to establish
CAFE testing and calculation procedures. EPA regulations at 40 CFR
600.510-12(c)(2)(v) specify weighting the fuel economy measured when an
FFV is tested on E85 and gasoline test fuel using the same weighting
factor as is used in the greenhouse gas program for weighting
CO2 emissions measured on the two fuels.\5\ As part of the
2012 rule, NHTSA modified its regulations at Part 536.10 to limit the
applicability of the EPCA limits to MYs 2019 and earlier and to state
that for MYs 2020 and beyond a manufacturer must calculate the fuel
economy of dual-fuel vehicles in accordance with EPA's regulations at
40 CFR 600.510-12(c)(2)(v).
---------------------------------------------------------------------------

    \5\ This weighting factor is commonly referred to as the ``F-
factor.'' The F-factor is a value specified by EPA in accordance
with 40 CFR 600.510-12(k) based on EPA's assessment of the real-
world use of E85 over the life of the FFVs.
---------------------------------------------------------------------------

    The preamble for the 2012 rule summarized EPA's approach for MY
2020 and later as follow: ``EPA is finalizing its proposal, under its
EPCA authority, to use the ``utility factor'' methodology for PHEV and
CNG vehicles described above to determine how to apportion the fuel
economy when operating on gasoline or diesel fuel and the fuel economy
when operating on the alternative fuel. For FFVs under the CAFE
program, EPA is using the same methodology it uses for the GHG program
to apportion the fuel economy, namely based on actual usage of E85. As
proposed, EPA is continuing to use Petroleum Equivalency Factors and
the 0.15 divisor used in the MY 2012-2016 rule for the alternative
fuels, however with no cap on the amount of fuel economy increase
allowed.'' \6\
---------------------------------------------------------------------------

    \6\ 77 FR 62653.
---------------------------------------------------------------------------

    EPA noted in the 2012 preamble ``[i]n a related provision, 49
U.S.C. 32906, the amount by which a manufacturer's CAFE value (for
domestic passenger cars, import passenger cars, or light-duty trucks)
can be improved by the statutory incentive for dual fuel vehicles is
limited by EPCA to 1.2 mpg through 2014, and then gradually reduced
until it is phased out entirely starting in model year 2020. With the
expiration of the special calculation procedures in 49

U.S.C. 32905 for dual fueled vehicles, the CAFE calculation procedures
for model years 2020 and later vehicles need to be set under the
general provisions authorizing EPA to establish testing and calculation
procedures.'' \7\ The 2012 rule preamble also notes ``NHTSA interprets
section 32906(a) as not limiting the impact of duel fueled vehicles on
CAFE calculations after MY2019.'' \8\ The 2012 rule preamble states
``we interpret Congress' statement in section 32906(a)(7) that the
maximum increase in fuel economy attributable to dual-fueled
automobiles is `0 miles per gallon for model years after 2019' within
the context of the introductory language of section 32906(a) and the
language of section 32906(b), which, again, refers clearly to the
statutory credit, and not to dual-fueled automobiles generally. It
would be an unreasonable result if the phaseout of the credit meant
that manufacturers would be effectively penalized, in CAFE compliance,
for building dual-fueled automobiles . . .'' \9\ EPA believes all of
these statements from the 2012 final rule make clear EPA's intent not
to apply the 49 U.S.C. 32906 credit limits to CAFE calculations for
model year 2020 and later vehicles.
---------------------------------------------------------------------------

    \7\ 77 FR 62830.
    \8\ 77 FR 62830.
    \9\ 77 FR 63020.
---------------------------------------------------------------------------

    A discrepancy in EPA's regulations exists in section 40 CFR
600.510-12(h), where prior to the 2012 rule, EPA codified the EPCA
limits in EPA's regulations. These regulations specify that the impact
of certain dual-fuel vehicles on a manufacturer's fleet CAFE
calculations is limited to 0.0 for MY 2020 and later. EPA inadvertently
did not revise the regulations at 40 CFR 600.510-12(h) to account for
the 2012 rule's treatment of MY 2020 and later FFVs. The existing 40
CFR 600.510-12(h) provisions may be read as applying the EPCA limits to
MY 2020 and later FFVs, inconsistent with the clear intent of the 2012
rule. This direct final rule corrects this error by making narrow
revisions to this section of the regulations to clarify that the limits
do not apply to MY 2020 and later FFVs, where the emissions of those
vehicles are calculated in accordance with 40 CFR 600.510-12(c)(2)(v),
consistent with the intent of the 2012 final rule.

V. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

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

    This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.

B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs

    This action is not an Executive Order 13771 regulatory action
because this action is not significant under Executive Order 12866.

C. Paperwork Reduction Act

    This action does not impose any new information collection burden
under the PRA, since it merely clarifies and corrects existing
regulatory language. OMB has previously approved the information
collection activities contained in the existing regulations and has
assigned OMB control number of 2060-0104.

D. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. In
making this determination, the impact of concern is any significant
adverse economic impact on small entities. An agency may certify that a
rule will not have a significant economic impact on a substantial
number of small entities if the rule relieves regulatory burden, has no
net burden or otherwise has a positive economic effect on the small
entities subject to the rule. This rule merely clarifies and corrects
existing regulatory language. We therefore anticipate no costs and
therefore no regulatory burden associated with this rule.

E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. The action imposes no enforceable duty on any state,
local or tribal governments. Requirements for the private sector do not
exceed $100 million in any one year.

F. 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.

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

    This action does not have tribal implications as specified in
Executive Order 13175. This rule only corrects and clarifies regulatory
provisions that apply to light-duty vehicle manufacturers. Tribal
governments would be affected only to the extent they purchase and use
regulated vehicles. Thus, Executive Order 13175 does not apply to this
action.

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

    This action is not subject to Executive Order 13045 because it is
not economically significant as defined in Executive Order 12866, and
because the EPA does not believe the environmental health or safety
risks addressed by this action present a disproportionate risk to
children. This direct final rule merely corrects and clarifies
previously established regulatory provisions.

I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution or Use

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

J. National Technology Transfer and Advancement Act (NTTAA)

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (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 agencies to provide
Congress, through OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards.
    This action modifies existing regulations to correct an error in
the regulations and therefore involves technical standards previously
established by EPA. The amendments to the regulations do not involve
the application of new technical standards. EPA is continuing to use
the technical

standards previously established in its rules regarding the light-duty
vehicle GHG standards for MYs 2017-2025. See 77 FR 62960 and 85 FR
25265.

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

    The EPA believes that this action does not have disproportionately
high and adverse human health or environmental effects on minority
populations, low-income populations and/or indigenous peoples, as
specified in Executive Order 12898 (59 FR 7629, February 16, 1994).
This regulatory action merely corrects previously established
provisions that auto manufacturers use to demonstrate compliance for
light-duty vehicles.

L. Congressional Review Act (CRA)

    This action is subject to the CRA, 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).

List of Subjects in 40 CFR Part 600

    Environmental protection, Administrative practice and procedure,
Electric power, Fuel economy, Labeling, Reporting and recordkeeping
requirements.

Andrew Wheeler,
Administrator.
    For the reasons set forth in the preamble, the Environmental
Protection Agency is amending part 600 of title 40, Chapter I of the
Code of Federal Regulations as follows:

PART 600--FUEL ECONOMY AND GREENHOUSE GAS EXHAUST EMISSIONS OF
MOTOR VEHICLES

0
1. The authority citation for part 600 continues to read as follows:

    Authority:  49 U.S.C. 32901-23919q, Pub. L. 109-58.

Subpart F--Procedures for Determining Manufacturer's Average Fuel
Economy and Manufacturer's Average Carbon-Related Exhaust Emissions

0
2. Section 600.510-12 is amended by revising paragraphs (h)
introductory text and (h)(1) to read as follows:

Sec.  600.510-12  Calculation of average fuel economy and average
carbon-related exhaust emissions.

* * * * *
    (h) The increase in average fuel economy determined in paragraph
(c) of this section attributable to dual fueled automobiles is subject
to a maximum value through model year 2019 that applies separately to
each category of automobile specified in paragraph (a)(1) of this
section. The increase in average fuel economy attributable to vehicles
fueled by electricity or, for model years 2016 and later, by compressed
natural gas, is not subject to a maximum value. The increase in average
fuel economy attributable to alcohol dual fuel model types calculated
under paragraph (c)(2)(v) of this section is also not subject to a
maximum value. The following maximum values apply under this paragraph
(h):

------------------------------------------------------------------------
                                                              Maximum
                       Model year                         increase (mpg)
------------------------------------------------------------------------
1993-2014...............................................             1.2
2015....................................................             1.0
2016....................................................             0.8
2017....................................................             0.6
2018....................................................             0.4
2019....................................................             0.2
------------------------------------------------------------------------

    (1) The Administrator shall calculate the increase in average fuel
economy to determine if the maximum increase provided in this paragraph
(h) has been reached. The Administrator shall calculate the increase in
average fuel economy for each category of automobiles specified in
paragraph (a)(1) of this section by subtracting the average fuel
economy values calculated in accordance with this section, assuming all
alcohol dual fueled automobiles subject to the provisions of paragraph
(c)(2)(iv) of this section are operated exclusively on gasoline (or
diesel fuel), from the average fuel economy values determined in
paragraph (c) of this section. The difference is limited to the maximum
increase specified in this paragraph (h).
* * * * *
[FR Doc. 2020-17217 Filed 8-28-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: May 5, 2010 (Volume 75, Number 86)]
[Notices]
[Page 24740]
[DOCID:fr05my10-122]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2010-0025]

Recovery Policy RP9523.5, Debris Removal From Waterways

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice of availability.

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SUMMARY: This document provides notice of the availability of the final
Recovery Policy RP9523.5, Debris Removal from Waterways.

DATES: This policy is effective March 29, 2010.

ADDRESSES: This final policy is available online at http://
www.regulations.gov under docket ID FEMA-2010-0025 and on FEMA's Web
site at http://www.fema.gov. You may also view a hard copy of the final
policy at the Office of Chief Counsel, Federal Emergency Management
Agency, Room 835, 500 C Street, SW., Washington, DC 20472.

FOR FURTHER INFORMATION CONTACT: Mr. Byron Mason, Federal Emergency
Management Agency, 500 C Street SW., Washington, DC 20472;<PHONE_NUMBER>
phone;<PHONE_NUMBER> facsimile<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Public Assistance Program provides,
following a Presidentially-declared major disaster or emergency,
supplemental Federal disaster grant assistance for the repair,
replacement, or restoration of disaster damaged, publicly-owned
facilities and the facilities of certain Private Non-Profit (PNP)
organizations. To be eligible under the Public Assistance Program, work
must be required as the result of the emergency or major disaster, be
located within the designated area, and be the legal responsibility of
an eligible applicant. Emergency work that must be performed to reduce
or eliminate an immediate threat to life, to protect public health and
safety, and to protect improved property that is threatened in a
significant way as a result of the major disaster or emergency includes
debris removal.
    This policy was developed to provide guidance for determining the
eligibility of debris removal from navigable waterways, the coastal and
inland zones, and wetlands under the Public Assistance Program. Recent
disaster activity, including Hurricanes Katrina and Ike, demonstrated
the need for additional guidance to clarify the roles and
responsibilities of FEMA, the U.S. Army Corps of Engineers (USACE), and
the U.S. Coast Guard (USCG) in removing debris, wreckage, and sunken
vessels from waterways. This policy draws upon recent disaster
experience in delineating eligibility for debris removal from waterways
under the Public Assistance Program. The USACE and USCG reviewed and
provided input on this policy.

    Authority: 42 U.S.C. 5170b, 5173, and 5192.

David J. Kaufman,
Director, Office of Policy and Program Analysis, Federal Emergency
Management Agency.
[FR Doc. 2010-10461 Filed 5-4-10; 8:45 am]
BILLING CODE 9111-23-P