[Federal Register: November 29, 2010 (Volume 75, Number 228)]
[Rules and Regulations]
[Page 72954-72956]
[DOCID:fr29no10-9]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2010-0656; FRL-9232-2]

Approval and Promulgation of Air Quality Implementation Plans;
Ohio; Ohio Portion of the Cincinnati-Hamilton Area; 8-Hour Ozone
Maintenance Plan

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: EPA is approving a revision to the maintenance plan for the
Ohio portion of the Cincinnati-Hamilton, OH-KY-IN 8-hour ozone area.
The Cincinnati-Hamilton area includes Butler, Clermont, Clinton,
Hamilton, and Warren Counties in Ohio, Lawrenceburg Township in
Dearborn County, Indiana, and Boone, Campbell, and Kenton Counties in
Kentucky. The Ohio Environmental Protection Agency (Ohio EPA) submitted
a maintenance plan revision on July 6, 2010. The submittal contained
revisions to 2015 and 2020 NOX point source emissions
projections for Butler County to reflect modifications at a major
source that will occur during the maintenance period.

DATES: This direct final rule will be effective January 28, 2011,
unless EPA receives adverse comments by December 29, 2010. If adverse
comments are received, EPA will publish a timely withdrawal of the
direct final rule in the Federal Register informing the public that the
rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2010-0656, by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. E-mail<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: John M. Mooney, Chief, Attainment Planning and Maintenance
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: John M. Mooney, Chief, Attainment Planning and
Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
Such deliveries are only accepted during the Regional Office normal
hours of operation, and special arrangements should be made for
deliveries of boxed information. The Regional Office official hours of
business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2010-0656. 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 docket are listed in the http://
www.regulations.gov 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, 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 Environmental
Protection Agency, Region 5, Air and Radiation Division, 77 West
Jackson Boulevard, Chicago, Illinois 60604. This Facility is open from
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal
holidays. We recommend that you telephone Kathleen D'Agostino,
Environmental Engineer, at<PHONE_NUMBER> before visiting the Region 5
office.

FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, Environmental
Engineer, Attainment Planning and Maintenance Section, Air Programs
Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:

I. What is the background for this action?
II. What revisions are being made to the maintenance plan?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews

I. What is the background for this action?

    On May 11, 2010 (75 FR 26118), EPA redesignated the Ohio and
Indiana portions of the Cincinnati-Hamilton area to attainment for the
1997 8-hour ozone National Ambient Air Quality Standard (NAAQS). At
that time, EPA also approved, as a revision to the Ohio and Indiana
State Implementation Plans (SIP), the States' plans for maintaining the
8-hour ozone NAAQS through 2020 in the area.
    The Ohio and Indiana plans demonstrated maintenance of the 8-hour
ozone standard through 2020 by showing that current and future
emissions of VOC and NOX for the Cincinnati-Hamilton area
remain at or below attainment year emission levels. The Cincinnati-
Hamilton area attained the 8-hour ozone NAAQS during the 2007-2009 time
period. For attainment emission levels, Ohio and Indiana used 2008
inventories. Emissions inventory projections for the years 2015 and
2020 were used to demonstrate maintenance.
    As part of their maintenance plans, the States elected to include a
``safety margin'' for the area. A ``safety margin'' is the difference
between the attainment level of emissions (from all sources) and the
projected level of emissions (from all sources) in the maintenance plan
which continues to demonstrate attainment of the standard. For the Ohio
and Indiana portion of the Cincinnati-Hamilton area, the emissions from
point, area, nonroad, and mobile sources in 2008 equaled 144.22 tons
per day (tpd) and 230.28 tpd of VOC and NOX, respectively.
In the maintenance plans, Ohio and Indiana projected VOC and
NOX emission levels for 2020 to be 117.70 tpd and 197.75
tpd, respectively. The SIP submissions demonstrated that the
Cincinnati-Hamilton area will continue to maintain the standard with
emissions at this level. The safety margin was calculated to be the
difference between 2008 and 2020 emissions levels. The 2020 safety
margin for VOC was 26.52 tpd (i.e., 144.22 tpd less 117.70). For
NOX, the 2020 safety margin was 32.53 tpd. Using the same
method of calculation, the 2015 safety margins for VOC and
NOX were 23.40 tpd and 17.50 tpd, respectively. The safety
margin, or a portion thereof, can be allocated to any of the source
categories, as long as the total attainment level of emissions is
maintained.
    At the time the maintenance plan was approved, EPA also approved
VOC and NOX Motor Vehicle Emissions Budgets (MVEBs) for 2015
and 2020 for the Ohio and Indiana portions of the Cincinnati-Hamilton
area. The MVEBs requested by Ohio EPA and the Indiana Department of
Environmental Management (IDEM) contained safety margins for mobile
sources smaller than the allowable safety margins reflected in the
total emissions for the Ohio and Indiana portions of the Cincinnati-
Hamilton area. For VOC, mobile safety margins of 4.14 tpd and 3.76 tpd
were included for 2015 and 2020, respectively. For NOX,
mobile safety margins of 6.39 tpd and 4.49 tpd were included for 2015
and 2020, respectively.

II. What revisions are being made to the maintenance plan?

    Ohio submitted revisions to 2015 and 2020 NOX point
source emissions projections for Butler County to reflect modifications
at a major source which will occur during the maintenance period. These
revised projections show an increase of 1.31 tons per day (tpd) of
NOX in both 2015 and 2020. As shown in Table 1, for the Ohio
and Indiana portions of the Cincinnati-Hamilton area, 2015 and 2020
emissions remain below attainment levels.

         Table 1--Comparison of 2008, 2015 and 2020 VOC and NOX Emissions for the Ohio and Indiana Portion of the Cincinnati-Hamilton Area (tpd)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               VOC                                                        NOX
                                   ---------------------------------------------------------------------------------------------------------------------
                                                                      Net change   Net change                                    Net change   Net change
                                       2008       2015       2020    (2008-2015)  (2008-2020)     2008       2015       2020    (2008-2015)  (2008-2020)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point.............................      10.65      12.85      13.53        2.20         2.88       88.97     135.21     138.43       46.24        49.46
Area..............................      57.73      54.33      54.33       -3.40        -3.40       10.98      11.03      11.03        0.05         0.05
Onroad............................      30.51      27.59      25.06       -2.92        -5.45       91.67      42.61      29.90      -49.06       -61.77
Nonroad...........................      45.33      26.05      24.78      -19.28       -20.55       38.66      25.24      19.70      -13.42       -18.96
    Total.........................     144.22     120.82     117.70      -23.40       -26.52      230.28     214.09     199.06      -16.19       -31.22
--------------------------------------------------------------------------------------------------------------------------------------------------------

    For the Ohio and Indiana portion of the Cincinnati-Hamilton area,
the NOX emissions from point, area, nonroad, and mobile
sources in 2008 equaled 230.28 tpd. For 2015, projected NOX
emission levels equal 214.09 tpd. The safety margin for NOX
is calculated to be the difference between these amounts or, in this
case, 16.19 tpd for 2015. For 2020, the NOX safety margin is
31.22 tpd. The portion of the NOX safety margins allocated
to the onroad mobile source sector when the MVEBs were approved remains
smaller than the revised allowable safety margins reflected in the
total emissions for the Ohio and Indiana portion of the Cincinnati-
Hamilton area. Because no changes were made to the VOC inventories, the
safety margins remain unchanged.

III. What action is EPA taking?

    EPA is approving a revision to the maintenance plan for the Ohio
portion of the Cincinnati-Hamilton 8-hour ozone area. Changes were made
to the 2015 and 2020 NOX point source emissions projections
for Butler County to reflect modifications at a major source that will
occur during the maintenance period.
    We are publishing this action without prior proposal because we
view this as a noncontroversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the State plan if relevant adverse
written comments are filed. This rule will be effective January 28,
2011 without further notice unless we receive relevant adverse written
comments by December 29, 2010. If we receive such comments, we will
withdraw this action before the effective date by publishing a
subsequent document that will withdraw the final action. All public
comments received will then be addressed in a subsequent final rule
based on the proposed action. The EPA will not institute a second
comment period. Any parties interested in commenting on this action
should 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
the subject of an adverse comment. If we do not receive any comments,
this action will be effective January 28, 2011.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act (CAA), the Administrator is required to
approve a SIP submission that complies with the provisions of the CAA
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the CAA. Accordingly,
this action merely approves State law as meeting Federal requirements
and does not impose additional requirements beyond those imposed by
State law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have Tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on Tribal governments or preempt Tribal law.
    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 action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by January 28, 2011. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.

    Dated: November 15, 2010.
Susan Hedman,
Regional Administrator, Region 5.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart KK--Ohio

    2. Section 52.1885 is amended by adding paragraph (ff)(11) to read
as follows:

Sec.  52.1885  Control strategy: Ozone.

* * * * *
    (ff) * * *
    (11) Approval--On July 6, 2010, the Ohio Environmental Protection
Agency submitted a request to revise the maintenance plan for the Ohio
portion of the Cincinnati-Hamilton, OH-KY-IN 8-hour ozone area. The
submittal revises 2015 and 2020 NOX point source emissions
projections for Butler County.
* * * * *
[FR Doc. 2010-29784 Filed 11-26-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 87 (Monday, May 6, 2019)]
[Notices]
[Page 19798]
[FR Doc No: 2019-09173]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4403-DR; Docket ID FEMA-2019-0001]

Kansas; Amendment No. 2 to Notice of a Major Disaster Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Kansas (FEMA-4403-DR), dated October 19, 2018, and
related determinations.

DATES: This change occurred on April 3, 2019.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) hereby gives notice that pursuant to the authority vested in the
Administrator, under Executive Order 12148, as amended, Heather R.
Smith, of FEMA is appointed to act as the Federal Coordinating Officer
for this disaster.
    This action terminates the appointment of Constance C. Johnson-Cage
as Federal Coordinating Officer for this disaster.

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

Pete Gaynor,
Acting Administrator, Federal Emergency Management Agency.
[FR Doc. 2019-09173 Filed 5-3-19; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 85, Number 126 (Tuesday, June 30, 2020)]
[Proposed Rules]
[Pages 39110-39113]
[FR Doc No: 2020-14018]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0484; Product Identifier 2020-NM-051-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all Airbus SAS Model A330-200, A330-200 Freighter, A330-300, A340-
200, A340-300, A340-500, and A340-600 series airplanes. This proposed
AD was prompted by a report that an airplane failed to extend its nose
landing gear (NLG) using the free fall method, due to loss of the green
hydraulic system. This proposed AD would require repetitive tests of
affected free fall actuators (FFA), and replacement of any affected FFA
with a serviceable FFA, as specified in a European Union Aviation
Safety Agency (EASA) AD, which will be incorporated by reference. The
FAA is proposing this AD to address the unsafe condition on these
products.

DATES: The FAA must receive comments on this proposed AD by August 14,
2020.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For material incorporated by reference (IBR) in this AD, contact
the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49
221 89990 1000; email<EMAIL_ADDRESS>internet www.easa.europa.eu.
You may find this IBR material on the EASA website at https://ad.easa.europa.eu. You may view this IBR material at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available in the AD
docket on the internet at https://www.regulations.gov by searching for
and locating Docket No. FAA-2019-0484.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0484; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this NPRM, any comments received, and other information. The street
address for Docket Operations is listed above. Comments will be
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer,
Large Aircraft Section, International Validation Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2019-0484;
Product Identifier 2020-NM-051-AD'' at the beginning of your comments.
The FAA specifically invites comments on the overall regulatory,
economic, environmental, and energy aspects of this NPRM. The FAA will
consider all comments received by the closing date and may amend this
NPRM based on those comments.
    The FAA will post all comments the FAA receives, without change, to
https://www.regulations.gov, including any personal information you
provide. The FAA will also post a report summarizing each substantive
verbal contact the FAA receives about this NPRM.

Discussion

    The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2020-0076, dated March 30, 2020
(``EASA AD 2020-0076'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for all Airbus SAS Model A330-200, A330-200 Freighter, A330-
300, A340-200, and A340-300 series airplanes; Model A340-541 and -542
airplanes,

and Model A340-642 and -643 airplanes. Airbus SAS Model A340-542 and
A340-643 airplanes are not certified by the FAA and are not included on
the U.S. type certificate data sheet; this proposed AD therefore does
not include those airplanes in the applicability.
    This proposed AD was prompted by a report that an airplane failed
to extend its NLG using the free fall method, due to loss of the green
hydraulic system. Investigation results identified that the magnets on
certain FFAs were found detached on both electrical motors. The FAA is
proposing this AD to address detached magnets on both electrical motors
of the FFAs, which could prevent landing gear extension by the free
fall method, possibly resulting in loss of control of the airplane
after landing. See the MCAI for additional background information.
    The FAA issued a related NPRM and supplemental NPRM (SNPRM) that
proposed to amend 14 CFR part 39 by adding an AD that would apply to
all Airbus SAS Model A330-200, A330-200 Freighter, A330-300, A340-200,
A340-300, A340-500, and A340-600 series airplanes. The related NPRM
published in the Federal Register on June 26, 2019 (84 FR 30055). The
related SNPRM published in the Federal Register on January 21, 2020 (85
FR 3279). The related NPRM and SNPRM were also prompted by a report
that an airplane failed to extend its NLG using the free fall method,
due to loss of the green hydraulic system. Since the related SNPRM was
issued, Airbus and the FAA determined that any affected FFA must be
replaced. In light of these changes, the FAA has withdrawn the related
SNPRM as of June 8, 2020 (85 FR 34655), which intended to also withdraw
the proposals in the NPRM published on June 26, 2019 (84 FR 30055). The
FAA is now issuing this new NPRM for public comment.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2020-0076 describes procedures for repetitive tests of
affected FFAs and replacement of any affected FFA that fails a test
with a serviceable FFA. EASA AD 2020-0076 also describes procedures for
replacement of all affected FFAs, which terminates the repetitive
tests. This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the FAA's bilateral agreement with the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
referenced above. The FAA is proposing this AD because the FAA
evaluated all the relevant information and determined the unsafe
condition described previously is likely to exist or develop in other
products of the same type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified
in EASA AD 2020-0076 described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA initially worked with Airbus and EASA to develop a
process to use certain EASA ADs as the primary source of information
for compliance with requirements for corresponding FAA ADs. The FAA has
since coordinated with other manufacturers and civil aviation
authorities (CAAs) to use this process. As a result, EASA AD 2020-0076
will be incorporated by reference in the FAA final rule. This proposed
AD would, therefore, require compliance with EASA AD 2020-0076 in its
entirety, through that incorporation, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
Using common terms that are the same as the heading of a particular
section in the EASA AD does not mean that operators need comply only
with that section. For example, where the AD requirement refers to
``all required actions and compliance times,'' compliance with this AD
requirement is not limited to the section titled ``Required Action(s)
and Compliance Time(s)'' in the EASA AD. Service information specified
in EASA AD 2020-0076 that is required for compliance with EASA AD 2020-
0076 will be available on the internet at https://www.regulations.gov
by searching for and locating Docket No. FAA-2019-0484 after the FAA
final rule is published.

Costs of Compliance

    The FAA estimates that this proposed AD affects 113 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
4 work[dash]hours x $85 per hour = $340......................             $0*             $340          $38,420
----------------------------------------------------------------------------------------------------------------
* The FAA has received no definitive data that would enable the agency to provide parts cost estimates for the
  replacements specified in this proposed AD.

    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any
required actions. The FAA has no way of determining the number of
aircraft that might need these on-condition actions:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
2 work-hours x $85 per hour = $170....             $0*             $170
------------------------------------------------------------------------
* The FAA has received no definitive data that would enable the agency
  to provide parts cost estimates for the on-condition replacements
  specified in this proposed AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect 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.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

Airbus SAS: Docket No. FAA-2019-0484; Product Identifier 2020-NM-
051-AD.

(a) Comments Due Date

    The FAA must receive comments by August 14, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus SAS airplanes identified in
paragraphs (c)(1) through (7) of this AD, certificated in any
category.
(1) Model A330-201, -202, -203, -223, and -243 airplanes.
(2) Model A330-223F and -243F airplanes.
(3) Model A330-301, -302, -303, -321, -322, -323, -341, -342, and -
343 airplanes.
(4) Model A340-211, -212, -213 airplanes.
    (5) Model A340-311, -312, and -313 airplanes.
    (6) Model A340-541 airplanes.
    (7) Model A340-642 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 32, Landing
gear.

(e) Reason

    This AD was prompted by a report that an airplane failed to
extend its nose landing gear (NLG) using the free fall method, due
to loss of the green hydraulic system. The FAA is issuing this AD to
address detached magnets on both electrical motors of the free fall
actuators (FFAs), which could prevent landing gear extension by the
free fall method, possibly resulting in loss of control of the
airplane after landing.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2020-0076, dated March 30, 2020 (``EASA AD 2020-0076'').

(h) Exceptions to EASA AD 2020-0076

    (1) Where EASA AD 2020-0076 refers to its effective date or the
effective date of EASA AD 2019-0063 or the effective date of EASA AD
2019-0164, this AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2020-0076 does not apply
to this AD.
    (3) Where paragraph (3) of EASA AD 2020-0076 specifies credit
for certain tasks ``provided the continuity test specified in A330
AMM [Aircraft Maintenance Manual] task 32-33-00-710-809, or A340 AMM
task 32-33-00-710-806, as applicable, is accomplished
concurrently,'' this AD provides credit ``provided the continuity
test is accomplished concurrently in accordance with the
instructions of an FAA-approved maintenance or inspection program.''

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2020-0076
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, International Validation Branch, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the Large Aircraft Section, International Validation
Branch, send it to the attention of the person identified in
paragraph (k)(2) of this AD. Information may be emailed to<EMAIL_ADDRESS>Before using any approved AMOC, notify
your appropriate principal inspector, or lacking a principal
inspector, the manager of the local flight standards district
office/certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, Large Aircraft
Section, International Validation Branch, FAA; or EASA; or Airbus
SAS's EASA Design Organization Approval (DOA). If approved by the
DOA, the approval must include the DOA-authorized signature.
    (3) Required for Compliance (RC): For any service information
referenced in EASA AD 2020-0076 that contains RC procedures and
tests: Except as required by paragraph (j)(2) of this AD, RC
procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are recommended.
Those procedures and tests that are not identified as RC may be
deviated from using accepted methods in accordance with the
operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.

(k) Related Information

    (1) For information about EASA AD 2020-0076, contact the EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
89990 6017; email<EMAIL_ADDRESS>internet www.easa.europa.eu.
You may find this EASA AD on the EASA website at https://ad.easa.europa.eu. You may view this material at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>. This material may be
found in the AD docket on

the internet at https://www.regulations.gov by searching for and
locating Docket No. FAA-2019-0484.
    (2) For more information about this AD, contact Vladimir
Ulyanov, Aerospace Engineer, Large Aircraft Section, International
Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
telephone and fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
    Issued on June 23, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020-14018 Filed 6-29-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 83 (Monday, April 30, 2012)]
[Rules and Regulations]
[Pages 25363-25366]
[FR Doc No: 2012-10207]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2012-0053; FRL-9666-2]

Approval and Promulgation of Implementation Plans and
Designations of Areas for Air Quality Planning Purposes; Missouri and
Illinois; St. Louis; Determination of Attainment by Applicable
Attainment Date for the 1997 Ozone National Ambient Air Quality
Standard (NAAQS)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is taking final action to determine, pursuant to the Clean
Air Act (CAA), that the bi-state St. Louis (MO-IL) ozone nonattainment
area (``St. Louis area'') attained the 1997 8-hour ozone National
Ambient Air Quality Standards (NAAQS) by the applicable attainment date
of June 15, 2010. This determination is based upon complete, quality-
assured, and certified ambient air quality data from the 2007-2009
monitoring period which show that the St. Louis area has monitored
attainment of the 1997 8-hour ozone NAAQS as of the applicable date.

DATES: Effective Date: This final rule will be effective May 30, 2012.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R07-OAR-2012-0053. All documents in the docket are listed on
the www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, 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 through
www.regulations.gov or in hard copy at the Environmental Protection
Agency, Air Planning and Development Branch, 901 North 5th Street,
Kansas City, Kansas 66101. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:00 to 4:30 excluding
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lachala Kemp, Air Planning and
Development Branch, U.S. Environmental Protection Agency Region 7, 901
N. 5th Street, Kansas City, Kansas 66101, at<PHONE_NUMBER> or by email
at<EMAIL_ADDRESS>In Region 5 contact Edward Doty, Attainment
Planning and Maintenance Section, Air Programs Branch (AR-18J), 77 West
Jackson Boulevard, Chicago, Illinois, 60604, at<PHONE_NUMBER> or by e-
mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' or
``our'' refer to EPA. This section provides additional information by
addressing the following questions:

Table of Contents

I. What final action is EPA taking in this final rule?
II. What is the background for this final action?
III. What was the air quality in the St. Louis area for the 1997 8-
hour ozone NAAQS for the 2007-2009 monitoring period?
IV. EPA's Final Action
V. Statutory and Executive Order Reviews

I. What final action is EPA taking in this final rule?

    Pursuant to section 181(b)(2) of the CAA, EPA is taking final
action to determine that the St. Louis area attained the 1997 8-hour
ozone NAAQS by its applicable attainment date of June 15, 2010. The St.
Louis area is composed of Jefferson County, Franklin County, St. Louis
County, St. Louis City, and St. Charles County in Missouri, and
Madison, Monroe, Jersey, and St. Clair Counties in Illinois. This
determination is based upon complete, quality-assured and certified
ambient air monitoring data from 2007-2009 which show that the St.
Louis area monitored attainment of the 1997 8-hour ozone NAAQS as of
its applicable attainment date.
    On February 2, 2012, EPA published in the Federal Register a
proposed rulemaking to determine that the St. Louis area attained the
1997 8-hour ozone NAAQS by its applicable attainment date of June 15,
2010 (see 77 FR 5210). EPA did not receive any public comments on this
proposal.

II. What is the background for this action?

    On July 18, 1997 (62 FR 38856), EPA promulgated an 8-hour ozone
standard of 0.08 parts per million (ppm). On April 30, 2004 (69 FR
23858), EPA published a final rule designating and classifying areas
under the 8-hour ozone NAAQS. These designations and classifications
became effective June 15, 2004. EPA designated as nonattainment any
area that was violating the 8-hour ozone NAAQS based on the three most
recent years of air quality data, 2001-2003. Under EPA's implementation
rule for the 1997 8-hour ozone standard (69 FR 23951, April 30, 2004),
an area was classified under subpart 2 of the CAA based on its 8-hour
ozone design value (i.e. the three-year average annual fourth-highest
daily maximum 8-hour average ozone concentration), if it had a 1-hour
design value at the time of designation at or above 0.121 ppm. See 40
CFR 51.902(a). All other nonattainment areas were covered under subpart
1, based upon their 8-hour design values (69 FR 23958). The St. Louis
area was classified as a subpart 2, 8-hour ozone moderate nonattainment
area by EPA on April 30, 2004 (69 FR 23858, 23898 and 23915), based on
the three most recent years of monitoring data (2001-2003), consistent
with 40 CFR 51.903(a).
    As a moderate nonattainment area for the 1997 8-hour ozone NAAQS,
the St. Louis (MO-IL) area had an applicable attainment date of June
15, 2010, as required by 40 CFR 51.903(a) Table 1. Pursuant to section
181(b)(2) of the CAA, EPA is required to make a determination as to
whether the St. Louis area attained the standard as of its applicable
attainment date. This final action is based on the area's design value
as of the attainment date, which in turn is based on the three most
recent years of air quality data (2007-2009) prior to the attainment
date.

III. What was the air quality in the St. Louis area for the 1997 8-hour
ozone NAAQS for the 2007-2009 monitoring period?

    Today's rulemaking assesses whether the St. Louis area attained the
1997 8-hour ozone NAAQS by its applicable attainment date of June 15,
2010. Under EPA regulations at 40 CFR 50.15, the 1997 8-hour primary
and secondary ozone ambient air quality standards are met at an ambient
air quality monitoring site when the 3-year average of the annual
fourth-highest daily maximum 8-hour average ozone concentration is less
than or equal to 0.08 ppm, as determined in accordance with 40 CFR part
50, Appendix I. Based on the rounding convention set forth in section
2.3 of Appendix I, the smallest value that is greater than 0.08 ppm is
0.085 ppm.
    EPA has reviewed the ambient air monitoring data for the St. Louis
area for the 1997 8-hour ozone NAAQS, consistent with requirements
contained at 40 CFR Part 50. EPA's review focused primarily on data
recorded in the EPA Air Quality System (AQS) database for the St. Louis
area for 2007-2009.
    More detailed discussion of EPA's evaluation of the available
monitoring data for the St. Louis area during the 2007-2009 monitoring
period can be found in the proposal for this rulemaking (see 77 FR at
5211). Based on its evaluation of complete quality assured and
certified data from the relevant monitoring sites for the 2007-2009
monitoring period, EPA has determined that the St. Louis area attained
the 1997 8-hour ozone NAAQS by the June 15, 2010 attainment date. EPA
did not receive any comments on the proposed determination during the
public comment period on the proposal.
    Table 1 shows the 2007-2009 and 2008-2010 ozone design values for
the St. Louis area monitors with complete, quality-assured and
certified data for that period. All data values are expressed in ppm.
As shown in Table 1, all of these monitors recorded ozone

design values less than 0.085 ppm for 2007-2009 and 2008-2010, with the
highest value at any monitor in the area, 0.078 ppm, recorded at the
West Alton monitor.

 Table 1--Annual Fourth-Highest Daily Maximum 8-Hour Ozone Concentrations and 3-Year Averages in ppm for the St. Louis Area Monitors With Complete Data
                                                              [(2007-2009) and (2008-2010)]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                2007-2009    2008-2010
                                                                                2007  4th  2008  4th  2009  4th  2010  4th     Design       Design
             State                       County                    Monitor             High       High       High       High       Value        Value
                                                                                (ppm)      (ppm)      (ppm)      (ppm)       (ppm)        (ppm)*
--------------------------------------------------------------------------------------------------------------------------------------------------------
Illinois......................  Jersey..................  Jerseyville.............      0.075      0.069      0.068      0.072        0.070        0.069
                                                          17-083-1001.............
                                Madison.................  Alton...................      0.081      0.068      0.067      0.080        0.072        0.071
                                                          17-119-0008.............
                                                          Maryville...............      0.087      0.070      0.074      0.074        0.077        0.072
                                                          17-119-1009.............
                                                          Wood River..............      0.086      0.067      0.066      0.070        0.073        0.067
                                                          17-119-3007.............
                                St. Clair...............  East St. Louis..........      0.077      0.064      0.069      0.072        0.070        0.068
                                                          17-163-0010.............
Missouri......................  St. Charles.............  West Alton..............      0.089      0.076      0.071      0.084        0.078        0.077
                                                          29-183-1002.............
                                                          Orchard Farm............      0.083      0.072      0.073      0.077        0.076        0.074
                                                          29-183-1004.............
                                St. Louis...............  Maryland Heights........      0.094      0.069      0.070      0.076        0.077        0.071
                                                          29-189-0014.............
                                                          Pacific.................      0.085      0.064      0.064      0.069        0.071        0.065
                                                          29-189-0005.............
                                St. Louis City..........  Blair Street............      0.087      0.073      0.065      0.071        0.075        0.069
                                                          29-510-0085.............
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Although the determination here is whether the area attained the 1997 8-hour ozone NAAQS based on 2007-2009 data, the 2010 data shows that all
  monitors in the St. Louis area continued to attain the NAAQS in 2008-2010.

    Based on its evaluation of complete quality assured and certified
data from the relevant monitoring sites for the 2007-2009 monitoring
period, EPA has determined that the St. Louis area attained the 1997 8-
hour ozone NAAQS by the June 15, 2010 attainment date.

IV. EPA's Final Action

    In today's rulemaking, pursuant to CAA section 181(b)(2), EPA is
taking final action to determine that the St. Louis area has attained
the 1997 8-hour ozone NAAQS by its applicable attainment date of June
15, 2010.

V. Statutory and Executive Order Reviews

    This final action merely makes a determination of the St. Louis
area's attainment of the 1997 8-hour ozone NAAQS based upon complete,
quality-assured, and certified ambient air quality data, pursuant to
statutory mandate, and does not impose additional requirements beyond
those imposed by state law. This final action makes a non-discretionary
determination of the St. Louis area's attainment of the 1997 8-hour
ozone NAAQS based solely upon complete, quality-assured, and certified
ambient air quality data, as mandated by CAA section 181(b)(2)(A). For
that reason, this final action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this final action does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the determination only affects the St. Louis area--which does
not include Indian country--and EPA notes that it will not impose
substantial direct costs on tribal governments or preempt tribal law.
    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 action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United

States prior to publication of the rule in the Federal Register. A
major rule cannot take effect until 60 days after it is published in
the Federal Register. This action is not a ``major rule'' as defined by
5 U.S.C. 804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by June 29, 2012. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Ozone, Reporting
and recordkeeping requirements.

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

    Dated: April 4, 2012.
 Mark J. Hague,
Acting Regional Administrator, Region 7.
    Dated: April 18, 2012.
Susan Hedman,
Regional Administrator, Region 5.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart O--Illinois

0
2. In Sec.  52.726, paragraph (kk) is added to read as follows:

Sec.  52.726  Control Strategy: Ozone.

* * * * *
    (kk) Determination of attainment. EPA has determined, as of June 9,
2011, that the St. Louis (MO-IL) metropolitan 1997 8-hour ozone
nonattainment area has attained the 1997 8-hour ozone NAAQS. This
determination, in accordance with 40 CFR 51.918, suspends the
requirements for this area to submit an attainment demonstration,
associated reasonably available control measures, reasonable further
progress, contingency measures, and other plan elements related to
attainment of the standards for as long as the area continues to meet
the 1997 Ozone NAAQS. In addition, based upon EPA's review of the air
quality data for the 3-year period 2007 to 2009, the St. Louis (MO-IL)
ozone nonattainment area has attained the 1997 8-hour ozone NAAQS by
the applicable attainment date of June 15, 2010.

Subpart AA--Missouri

0
3. In Sec.  52.1342, paragraph (a) is revised to read as follows:

Sec.  52.1342  Control strategy: Ozone.

    (a) Determination of attainment. EPA has determined, as of June 9,
2011, that the St. Louis (MO-IL) metropolitan 1997 8-hour ozone
nonattainment area has attained the 1997 8-hour ozone NAAQS. This
determination, in accordance with 40 CFR 51.918, suspends the
requirements for this area to submit an attainment demonstration,
associated reasonably available control measures, reasonable further
progress, contingency measures, and other plan elements related to
attainment of the standards for as long as the area continues to meet
the 1997 Ozone NAAQS. In addition, based upon EPA's review of the air
quality data for the 3-year period 2007 to 2009, the St. Louis (MO-IL)
ozone nonattainment area has attained the 1997 8-hour ozone NAAQS by
the applicable attainment date of June 15, 2010.
* * * * *

[FR Doc. 2012-10207 Filed 4-27-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 75, Number 35 (Tuesday, February 23, 2010)]
[Notices]
[Pages 8187-8188]
[FR Doc No: 2010-3575]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2001-9561; FMCSA-2005-22194]

Qualification of Drivers; Exemption Renewals; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition.

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

SUMMARY: FMCSA previously announced its decision to renew the
exemptions from the vision requirement in the Federal Motor Carrier
Safety Regulations for 19 individuals. FMCSA has statutory authority to
exempt individuals from the vision requirement if the exemptions
granted will not compromise safety. The Agency has concluded that
granting these exemptions will provide a level of safety that will be
equivalent to, or greater than, the level of safety maintained without
the exemptions for these commercial motor vehicle (CMV) drivers.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical
Programs,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA, Department of
Transportation, 1200 New Jersey Avenue, SE., Room W64-224, Washington,
DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m. Monday through
Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access

    You may see all the comments online through the Federal Document
Management System (FDMS) at http://www.regulations.gov

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
for a 2-year period if it finds ``such exemption would likely achieve a
level of safety that is equivalent to, or greater than, the level that
would be achieved absent such exemption.'' The statute also

allows the Agency to renew exemptions at the end of the 2-year period.
The comment period ended on December 21, 2009 (74 FR 60021).

Discussion of Comments

    FMCSA received no comments in this proceeding.

Conclusion

    The Agency has not received any adverse evidence on any of these
drivers that indicates that safety is being compromised. Based upon its
evaluation of the 19 renewal applications, FMCSA renews the Federal
vision exemptions for Norman E. Braden, Henry L. Chastain, Thomas R.
Crocker, Clinton D. Edwards, Gerald W. Fox, Ronald K. Fultz, Richard L.
Gandee, John L. Hynes, Richard H. Kind, Robert S. Larrance, John D.
McCormick, Thomas C. Meadows, David A. Morris, Leigh E. Moseman,
Richard P. Stanley, Paul D. Stoddard, Robert L. Tankersley, Jr., Scott
A. Tetter and Benny R. Toothman.
    In accordance with 49 U.S.C. 31136(e) and 31315, each renewal
exemption will be valid for 2 years unless revoked earlier by FMCSA.
The exemption will be revoked if: (1) The person fails to comply with
the terms and conditions of the exemption; (2) the exemption has
resulted in a lower level of safety than was maintained before it was
granted; or (3) continuation of the exemption would not be consistent
with the goals and objectives of 49 U.S.C. 31136 and 31315.

    Issued on: February 5, 2010.
Larry W. Minor
Associate Administrator for Policy and Program Development.
[FR Doc. 2010-3575 Filed 2-22-10; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 79, Number 30 (Thursday, February 13, 2014)]
[Notices]
[Page 8737]
[FR Doc No: 2014-03123]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2010-0056]

OSHA-7 Form (``Notice of Alleged Safety and Health Hazard'');
Extension of the Office of Management and Budget's (OMB) Approval of
Information Collection (Paperwork) Requirements

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice; correction.

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

SUMMARY: The Occupational Safety and Health Administration (OSHA)
published a document in the Federal Register on January 24, 2014 (79 FR
4180), soliciting public comments concerning its proposal to extend the
Office of Management and Budget's (OMB) approval of the information
collection requirements specified in the OSHA-7 Form. The document
contained an incorrect docket number. This notice corrects the docket
number.

FOR FURTHER INFORMATION CONTACT: Todd Owen or Theda Kenney, Directorate
of Standards and Guidance, OSHA, U.S. Department of Labor, Room N-3909,
200 Constitution Avenue NW., Washington, DC 20210; telephone (202) 693-
2222.

Correction:

    In the Federal Register of January 24, 2014 (79 FR 4180-4181),
correct the docket number as described below.
    1. On page 4180, in the third line of the heading section, change
the Docket No. to read:

[Docket No. OSHA-2010-0056]

    2. On page 4180, in the first column, change the paragraph titled
``Mail, hand delivery, express mail, or messenger or courier service''
to read:
    When using this method, you must submit a copy of your comments and
attachments to the OSHA Docket Office, Docket No. OSHA-2010-0056, U.S.
Department of Labor, Occupational Safety and Health Administration,
Room N-2625, 200 Constitution Avenue NW., Washington, DC 20210.
Deliveries (hand, express mail, messenger, and courier service) are
accepted during the Department of Labor's and Docket Office's normal
business hours, 8:15 a.m. to 4:45 p.m., e.t.
    3. On page 4180, in the second column, change the paragraph titled
``Instructions'' to read:
    All submissions must include the Agency name and the OSHA docket
number (OSHA-2010-0056) for the Information Collection Request (ICR).
All comments, including any personal information provided, are placed
in the public docket without change, and may be made available online
at http://www.regulations.gov. For further information on submitting
comments see the ``Public Participation'' heading in the section of
this notice titled SUPPLEMENTARY INFORMATION.
    4. On page 4181, in the second column, change the first paragraph
under ``IV Public Participation--Submission of Comments '' to read:
    You may submit comments in response to this document as follows:
(1) Electronically at http://www.regulation.gov, which is the Federal
eRulemaking Portal; (2) by facsimile (fax); or (3) by hard copy. All
comments, attachments, and other materials must identify the Agency
name and the OSHA docket number for the ICR (Docket No. OSHA-2010-
0056). You may supplement electronic submissions by uploading document
files electronically. If you wish to mail additional materials in
reference to an electronic or facsimile submission, you must submit
them to the OSHA Docket Office (see the section of this notice title
ADDRESSES). The additional materials must clearly identify your
electronic comments by your name, date, and the docket number so the
Agency can attach them to your comments.

Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this
notice. The authority for this notice is the paperwork Reduction Act of
1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 1-2012
(77 FR 3912).

    Signed at Washington, DC, on February 7, 2014.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2014-03123 Filed 2-12-14; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register Volume 82, Number 5 (Monday, January 9, 2017)]
[Rules and Regulations]
[Pages 2237-2239]
[FR Doc No: 2016-31444]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2015-0402; FRL-9957-27-Region 1]

Approval and Promulgation of Implementation Plans; Rhode Island;
Clean Air Act Infrastructure State and Federal Implementation Plans

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is removing several
obsolete Federal Implementation Plans (FIPs) for the State of Rhode
Island. These FIPs address Clean Air Act (CAA) infrastructure State
Implementation Plan (SIP) requirements that have since been addressed
by Rhode Island in its SIP. Therefore, EPA is removing from the Code of
Federal Regulations (CFR) the corresponding FIPs. This action is being
taken in accordance with the CAA.

DATES: This rule is effective on February 8, 2017.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2015-0402. All documents in the docket
are listed on the http://www.regulations.gov Web site, although some
information, such as confidential business information or other
information whose disclosure is restricted by statute is not publically
available. 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 at http://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA
New England Regional Office, Office of Ecosystem Protection, Air
Quality Planning Unit, 5 Post Office Square--Suite 100, Boston, MA. EPA
requests that, if at all possible, you contact the contact listed in
the FOR FURTHER INFORMATION CONTACT section to schedule your
inspection. The Regional Office's official hours of business are Monday
through Friday, 8:30 a.m. to 4:30 p.m., excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: Richard P. Burkhart, Air Quality
Planning Unit, Air Programs Branch (Mail Code OEP05-02), U.S.
Environmental Protection Agency, Region 1, 5 Post Office Square, Suite
100, Boston, Massachusetts, 02109-3912;<PHONE_NUMBER>;
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:  Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
    Organization of this document. The following outline is provided to
aid in locating information in this preamble.

I. Background and Purpose
II. Public Comments
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background and Purpose

    This rulemaking addresses infrastructure SIP submissions from the
State of Rhode Island for the 1997 fine particle matter
(PM2.5), 2006 PM2.5, 2008 lead (Pb), 2008 ozone,
2010 nitrogen dioxide (NO2), and 2010 sulfur dioxide
(SO2) National Ambient Air Quality Standards (NAAQS). The
state submitted these infrastructure SIPs on the following dates: 1997
PM2.5--September 10, 2008; 2006 PM2.5--November
6, 2009; 2008 Pb--October 26, 2011; 2008 ozone--January 2, 2013; 2010
NO2--January 2, 2013; and 2010 SO2--June 27,
2014. Details of Rhode Island's submittals and EPA evaluation of those
submittals can be found in our Notice of Proposed Rulemaking (NPR) (81
FR 10168; February 29, 2016).
    On April 20, 2016, EPA took final action on the vast majority of
the elements included in these submittals (see 81 FR 23175). In today's
action, EPA is taking final action on its proposal to remove the
following sections from the Code of Federal Regulations (CFR): 40 CFR
52.2073(b); 52.2075(b); and 52.2078(b). As discussed in detail in the
NPR, these sections related to the public

availability of emissions data and enforcement procedures are no longer
necessary and have become obsolete since EPA has approved the relevant
infrastructure SIP elements. Removal of Federal Implementation language
is reserved for the Administrator, and has not been delegated to the
Regional Administrator, who signed the April 20, 2016 final rulemaking
referenced above.

II. Public Comments

    EPA did not receive any comments in response to the NPR.

III. Final Action

    EPA is removing the following sections from the CFR: 40 CFR
52.2073(b); 52.2075(b); and 52.2078(b). The Federal Implementation Plan
requirements in these sections are no longer necessary since EPA has
since approved the relevant Clean Air Act infrastructure SIP revisions
submitted by Rhode Island (see 81 FR 23175; April 20, 2016). A detailed
discussion of the rationale for our action is included in the NPR (see
81 FR 10168; February 29, 2016).

IV. Statutory and Executive Order Reviews

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

    This action is not a ``significant regulatory action'' under the
terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) and
is therefore not subject to review under EOs 12866 and 13563 (76 FR
3821, January 21, 2011).

B. Paperwork Reduction Act

    This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
Burden is defined at 5 CFR 1320.3(b).

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA.
Entities potentially affected directly by this rule include state,
local and tribal governments and none of these governments are small
governments. Other types of small entities are not directly subject to
the requirements of this rule.

D. Unfunded Mandates Reform Act (UMRA)

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

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government, as
specified in E.O. 13132.

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

    This action does not have tribal implications as specified in E.O.
13175. These regulation revisions do not affect the relationship or
distribution of power and responsibilities between the federal
government and Indian tribes.

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

    The EPA interprets E.O. 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 E.O.
has the potential to influence the regulation. This action is not
subject to E.O. 13045 because it does not establish an environmental
standard intended to mitigate health or safety risks.

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

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

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

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

    The EPA believes that this action is not subject to E.O. 12898 (59
FR 7629, February 16, 1994) because it does not establish an
environmental health or safety standard. This regulatory action is a
procedural change and does not have any impact on human health or the
environment.

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. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C
section 804(2). This rule will be effective February 8, 2017.

L. 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 March 10, 2017. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.

    Dated: December 15, 2016.
Gina McCarthy,
Administrator.
    Part 52 of chapter I, title 40 of the Code of Federal Regulations
is amended as follows:

PART 52--APPROVAL AND PROMULATION OF IMPLEMENTATION PLANS

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

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

Subpart OO--Rhode Island

Sec.  52.2073  [Removed and Reserved]

0
2. Section 52.2073 is removed and reserved.

Sec.  52.2075  [Removed and Reserved]

0
3. Section 52.2075 is removed and reserved.

Sec.  52.2078   [Removed and Reserved]

0
4. Section 52.2078 is removed and reserved.

[FR Doc. 2016-31444 Filed 1-6-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 75, Number 240 (Wednesday, December 15, 2010)]
[Notices]
[Pages 78275-78277]
[FR Doc No: 2010-31441]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63481; File No. SR-ISE-2010-118]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change To Amend ISE Rule 2128 To Extend the Pilot Program

 December 9, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on December 8, 2010, the International Securities Exchange, LLC
(the ``Exchange'' or the ``ISE'') filed with the Securities and
Exchange Commission (``Commission'') the proposed rule change as
described in Items I and II below, which items have been prepared by
the self-regulatory organization. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend Rule 2128 (Clearly Erroneous Trades)
to

extend the expiration of the pilot rule to April 11, 2011.
    The text of the proposed rule change is available on the Exchange's
Internet Web site at http://www.ise.com, at the principal office of the
Exchange, at the Commission's Public Reference Room, and at http://www.sec.gov.

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

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

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

1. Purpose
    The Exchange proposes to amend ISE Rule 2128 (Clearly Erroneous
Trades) to extend the expiration of the pilot rule. Amendments to ISE
Rule 2128 to provide for uniform treatment of certain clearly erroneous
execution reviews and transactions that occur before a trading pause is
in effect on the Exchange were approved by the Securities and Exchange
Commission (``Commission'') on September 10, 2010 on a pilot basis to
end on December 10, 2010.\3\ The Exchange now proposes to extend the
date by which this pilot rule will expire to April 11, 2011. Extending
this pilot program will provide the exchanges with a continued
opportunity to assess the effect of this rule proposal on the markets.
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 62886 (September 10,
2010), 75 FR 56613 (September 16, 2010) (SR-ISE-2010-62).
---------------------------------------------------------------------------

2. Statutory Basis
    The statutory basis for the proposed rule change is Section 6(b)(5)
of the Act,\4\ which requires the rules of an exchange to promote just
and equitable principles of trade, to remove impediments to and perfect
the mechanism of a free and open market and a national market system
and, in general, to protect investors and the public interest. The
proposed rule change also is designed to support the principles of
Section 11A(a)(1) \5\ of the Act in that it seeks to assure fair
competition among brokers and dealers and among exchange markets. The
Exchange believes that the proposed rule meets these requirements in
that it promotes uniformity across markets concerning decisions
relating to clearly erroneous trades in a security when there are
significant price movements.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f(b)(5).
    \5\ 15 U.S.C. 78k-1(a)(1).
---------------------------------------------------------------------------

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

    The proposed rule change does not 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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \6\ and Rule 19b-
4(f)(6)(iii) thereunder.\7\ The Exchange has asked the Commission to
waive the 30-day operative delay so that the proposal may become
operative immediately upon filing. The Commission believes that waiving
the 30-day operative delay is consistent with the protection of
investors and the public interest because such waiver will allow the
pilot program to continue uninterrupted and help ensure uniformity
among the national securities exchanges and FINRA with respect to the
treatment of clearly erroneous transactions.\8\ Accordingly, the
Commission waives the 30-day operative delay requirement and designates
the proposed rule change as operative upon filing with the Commission.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 240.19b-4(f)(6)(iii). In addition, Rule 19b-
4(f)(6)(iii) requires that a self-regulatory organization submit to
the Commission written notice of its intent to file the proposed
rule change, along with a brief description and text of the proposed
rule change, at least five business days prior to the filing of the
proposed rule change, or such shorter time as designated by the
Commission. The Commission notes that the Exchange has satisfied
this requirement.
    \8\ 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).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form http://www.sec.gov/rules/sro.shtml; or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-ISE-2010-118 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-ISE-2010-118. This file
number should be included on the subject line if e-mail 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 such 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 publicly available. All
submissions should refer to File Number SR-ISE-2010-118 and should be
submitted on or before January 5, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-31441 Filed 12-14-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 32 (Tuesday, February 18, 2020)]
[Notices]
[Pages 8921-8923]
[FR Doc No: 2020-03090]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-88160; File No. SR-CboeBYX-2020-006]

Self-Regulatory Organizations; Cboe BYX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
the BYX Fee Schedule To Correct an Inadvertent Drafting Error
Introduced in a Previous Rule Filing

February 11, 2020.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that, on January 31, 2020, Cboe BYX Exchange, Inc. (the ``Exchange'' or
``BYX'') 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 Exchange. The Commission
is publishing this notice to solicit comments on the proposed rule
change from interested persons.
---------------------------------------------------------------------------

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

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

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

    Cboe BYX Exchange (the ``Exchange'' or ``BYX'') is filing with the
Securities and Exchange Commission (``Commission'') a proposed rule
change to amend the BYX Fee Schedule to correct an inadvertent drafting
error introduced in a previous rule filing. The text of the proposed
rule change is provided in Exhibit 5.
    The text of the proposed rule change is also available on the
Exchange's website (http://markets.cboe.com/us/equities/regulation/rule_filings/byx/), at the Exchange's Office of the Secretary, and at
the Commission's Public Reference Room.

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

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

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

1. Purpose
    The purpose of the proposed rule change is to amend the BYX Fee
Schedule to correct an inadvertent drafting error introduced in a
previous rule filing that adopted the definition of ``Step-Up Add
TCV''.
    On January 2, 2020, the Exchange filed a proposed rule change to
replace the Non-Displayed Liquidity Incentives with Step-Up Tiers.\3\
The purpose of that filing was to offer Step-Up Tiers that would
provide Members an opportunity to receive a discounted rate from the
standard fee assessment for displayed liquidity adding orders that
yield fee codes ``B'',\4\ ``V'',\5\ or ``Y''.\6\ Specifically, to
qualify for Tier 1, a Member must have a ``Step-Up Add TCV'' from
December 2019 of greater than or equal to 0.05%. Accordingly, the
Exchange also adopted a definition of ``Step-Up Add TCV'' to the Fee
Schedule which would mean add ADV as a percentage of TCV in the
relevant baseline month subtracted from current add ADV as a percentage
of TCV. In its adoption of the definition of ``Step-Up Add TCV'', the
Exchange inadvertently referenced the terms ``add ADV'' rather than
``ADAV''.\7\ Therefore, the Exchange now proposes to amend the
definition of Step-Up Add TCV to reference the term ADAV rather than
add ADV. The Exchange notes that the proposed definition is
substantially consistent with the definition in the Fee Schedules of
the Exchange's affiliated exchanges.\8\
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 34-87960 (January
14, 2020) 85 FR 3437 (January 21, 2020) (SR-CboeBYX-2020-0001[sic]).
    \4\ ``B'' is appended to displayed orders that add liquidity to
BYX(Tape B).
    \5\ ``V'' is appended to displayed orders that add liquidity to
BYX (Tape A).
    \6\ ``Y'' is appended to displayed order that add liquidity to
BYX (Tape C).
    \7\ ``ADAV'' means average daily volume calculated as the number
of shares added per day and ``ADV'' means average daily volume
calculated as the number of shares added or removed, combined, per
day. ADAV and ADV are calculated on a monthly basis.
    \8\ See Cboe BZX U.S. Equities Exchange Fee Schedule,
Definitions; Cboe EDGX U.S. Equities Exchange Fee Schedule,
Definitions.
---------------------------------------------------------------------------

2. Statutory Basis

    The Exchange believes that the proposed rule change is consistent
with the objectives of Section 6 of the Act,\9\ in general, and
furthers the objectives of Section 6(b)(4),\10\ in particular, as it is
designed to provide for the equitable allocation of reasonable dues,
fees and other charges among its Members and issuers and other persons
using its facilities. Specifically, the Exchange believes that the
proposed rule change is reasonable, equitable, and not unfairly
discriminatory as it does not change the fees or rebates assessed by
the Exchange, but rather corrects an inadvertent error to a definition
noted in the Fee Schedule. The Exchange believes that amending the
terms ``add ADV'' to ``ADAV'' in the definition of ``Step-Up Add TCV''
would reduce confusion around the Exchange's charges and ensure that
these fees are appropriately referenced on the Fee Schedule.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f.
    \10\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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 intramarket or intermarket competition that is not
necessary or appropriate in furtherance of the purposes of the Act.
Rather, the proposed rule change is designed to reduce potential
confusion to the definition of ``Step-Up Add TCV'' referenced in the
Fee Schedule by amending the terms ``add ADV'' to ``ADAV''. The
Exchange believes that this change would increase transparency to the
benefit of members and investors without having any impact on
competition.

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from Members or other interested
parties.

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \11\ of the Act and subparagraph (f)(2) of Rule
19b-4 \12\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \13\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

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 No. SR-CboeBYX-2020-006 on the subject line.

Paper Comments

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

All submissions should refer to File No. SR-CboeBYX-2020-006. 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 website (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 website 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 10:00 a.m. and
3:00 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. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File No. SR-CboeBYX-2020-006, and should be submitted
on or before March 10, 2020.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-03090 Filed 2-14-20; 8:45 am]
BILLING CODE 8011-01-P