burden of conducting and reviewing some, if not all, of the General
Conformity determinations for the facility if they do so. States are
not required to implement a program that would increase their burden,
and we assume they would not choose to do so.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an Agency
to prepare a regulatory flexibility analysis of any regulation subject
to notice and comment rulemaking requirements under the Administrative
Procedures Act or any other statute unless the

Agency certifies the rule will not have a significant economic impact
on a substantial number of small entities. Small entities include small
businesses, small organizations, and small governmental jurisdictions.
    For purposes of assessing the impacts this final rule on small
entities, small entity is defined as: (1) A small business that is a
small industrial entity as defined in the U.S. Small Business
Administration (SBA) size standards. (See 13 CFR 121.); (2) A
governmental jurisdiction that is a government of a city, county, town,
school district or special district with a population of less than
50,000; and (3) A small organization that is any not-for-profit
enterprise which is independently owned and operated and is not
dominant in its field.
    After considering the economic impact of this final rule on small
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. This final
rule will not impose any significant requirements on small entities,
because the General Conformity Regulations set requirements on Federal
agencies to show that their actions conform to the appropriate State,
tribal or Federal implementation plan for attaining clean air.

D. Unfunded Mandates Reform Act

    This action contains no Federal mandates under the provisions of
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C.
1531-1538 for State, local, or tribal governments or the private
sector. The action imposes no enforceable duty on any State, local or
tribal governments or the private sector. Therefore, this action is not
subject to the requirements of section 202 and 205 of the UMRA.
    This action is also not subject to the requirements of section 203
of UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments. The General
Conformity Regulations set requirements on Federal agencies to show
that their actions conform to the appropriate State, tribal or Federal
implementation plan for attaining clean air.

E. Executive Order 13132--Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132. The General Conformity Regulations
set requirements on Federal agencies to show that their actions conform
to the appropriate State, tribal or Federal implementation plan for
attaining clean air. Thus, Executive Order 13132 does not apply to this
action.

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

    This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). They do not have
a substantial direct effect on one or more Indian Tribes, since no
Tribe has to demonstrate conformity for their actions. Furthermore,
except for allowing the Tribes to comment on draft conformity
determinations, these regulation revisions do not affect the
relationship or distribution of power and responsibilities between the
Federal government and Indian Tribes. The CAA and the Tribal Air Rule
establish the relationship of the Federal government and Tribes in
developing plans to attain the NAAQS, and these revisions to the
regulations do nothing to modify that relationship. Thus, Executive
Order 13175 does not apply to this action.

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

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

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

    This action is not a ``significant energy action'' as defined in
Executive Order 13211 (66 FR 28355, May 22, 2001), because it is not
likely to have a significant adverse effect on the supply,
distribution, or use of energy. The General Conformity Regulations set
requirements on Federal agencies to show that their actions conform to
the appropriate State, tribal or Federal implementation plan for
attaining clean air. Further, we have concluded that this rule is not
likely to have any adverse energy effects.

I. National Technology Transfer and Advancement Act

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

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

    Executive Order (EO) 12898 (59 FR 7629, (Feb. 16, 1994))
establishes Federal executive policy on environmental justice. Its main
provision directs Federal agencies, to the greatest extent practicable
and permitted by law, to make environmental justice part of their
mission by identifying and addressing, as appropriate,
disproportionately high and adverse human health or environmental
effects of their programs, policies, and activities on minority
populations and low-income populations in the United States.
    The EPA has determined that this final rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. The revisions to the regulations would revise procedures
for other Federal agencies to follow and does not relax the progress
toward attainment and maintenance for the NAAQS as required by
individual SIPs and TIPs As such, they do not affect the health or
safety of minority or low income populations. The EPA encourages other
agencies to carefully consider and address environmental justice in
their implementation of their evaluations and conformity
determinations.

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. 804(2). This rule will be effective July 6, 2010.

VII. Statutory Authority

    The statutory authority for this action is provided by section
176(c) of the CAA as amended (42 U.S.C. 7506).

List of Subjects

40 CFR Part 51

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

40 CFR Part 93

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

    Dated: March 24, 2010.
Lisa P. Jackson,
Administrator.

0
For the reasons stated in the preamble, title 40, chapter I of the Code
of Federal Regulations is amended as follows:

PART 51--REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF
IMPLEMENTATION PLANS

0
1. The authority citation for part 51 continues to read as follows:

    Authority: 23 U.S.C. 101; 42 U.S.C. 7401-7671q.

Subpart W--[Amended]

Sec.  51.850  [Removed and Reserved]

0
2. Remove and reserve Sec.  51.850.

0
3. Section 51.851 is revised to read as follows:

Sec.  51.851  State implementation plan (SIP) or Tribal implementation
plan (TIP) revision.

    (a) A State or eligible Tribe (a federally recognized tribal
government determined to be eligible to submit a TIP under 40 CFR 49.6)
may submit to the Environmental Protection Agency (EPA) a revision to
its applicable implementation plan which contains criteria and
procedures for assessing the conformity of Federal actions to the
applicable implementation plan, consistent with this section and 40 CFR
part 93, subpart B.
    (b) Until EPA approves the conformity implementation plan revision
permitted by this section, Federal agencies shall use the provisions of
40 CFR part 93, subpart B in addition to any existing applicable State
or tribal requirements, to demonstrate conformity with the applicable
SIP or TIP as required by section 176(c) of the CAA (42 U.S.C. 7506).
    (c) Following EPA approval of the State or tribal conformity
provisions (or a portion thereof) in a revision to the applicable SIP
or TIP, conformity determinations shall be governed by the approved (or
approved portion of) State or tribal criteria and procedures. The
Federal conformity regulations contained in 40 CFR part 93, subpart B
would apply only for the portion, if any, of the part 93 requirements
not contained in the State or Tribe conformity provisions approved by
EPA.
    (d) The State or tribal conformity implementation plan criteria and
procedures cannot be any less stringent than the requirements in 40 CFR
part 93, subpart B.
    (e) A State's or Tribe's conformity provisions may contain criteria
and procedures more stringent than the requirements described in this
subpart and part 93, subpart B, only if the State's or Tribe's
conformity provisions apply equally to non-Federal as well as Federal
entities.
    (f) In its SIP or TIP, the State or Tribe may identify a list of
Federal actions or type of emissions that it presumes will conform. The
State or Tribe may place whatever limitations on that list that it
deems necessary. The State or Tribe must demonstrate that the action
will not interfere with timely attainment or maintenance of the
standard, meeting the reasonable further progress milestones or other
requirements of the Clean Air Act. Federal agencies can rely on the
list to determine that their emissions conform with the applicable SIP
or TIP.
    (g) Any previously applicable SIP or TIP requirements relating to
conformity remain enforceable until EPA approves the revision to the
SIP or TIP to specifically remove them.
    Sec. Sec.  51.852 through 51.860 [Removed and Reserved]

0
4. Remove and reserve Sec. Sec.  51.852 through 51.860.

PART 93--DETERMINING CONFORMITY OF FEDERAL ACTIONS TO STATE TRIBAL
OR FEDERAL IMPLEMENTATION PLANS

0
5. The authority citation for part 93 continues to read as follows:

    Authority:  42 U.S.C. 7401-7671q.

Subpart B--[Amended]

0
6. Section 93.150 is amended by removing and reserving paragraph (c)
and by adding paragraph (e) to read as follows:

Sec.  93.150  Prohibition.

* * * * *
    (e) If an action would result in emissions originating in more than
one nonattainment or maintenance area, the conformity must be evaluated
for each area separately.

0
7. Section 93.151 is revised to read as follows:

Sec.  93.151  State implementation plan (SIP) revision.

    The provisions and requirements of this subpart to demonstrate
conformity required under section 176(c) of the Clean Air Act (CAA)
apply to all Federal actions in designated nonattainment and
maintenance areas where EPA has not approved the General Conformity SIP
revision allowed under 40 CFR 51.851. When EPA approves a State's or
Tribe's conformity provisions (or a portion thereof) in a revision to
an applicable implementation plan, a conformity evaluation is governed
by the approved (or approved portion of the) State or Tribe's criteria
and procedures. The Federal conformity regulations contained in this
subpart apply only for the portions, if any, of the part 93
requirements not contained in the State or Tribe conformity provisions
approved by EPA. In addition, any previously applicable implementation
plan conformity requirements remain enforceable until the EPA approves
the revision to the applicable SIP to specifically include the revised
requirements or remove requirements.

0
8. Section 93.152 is amended as follows:
0
a. Adding in alphabetical order a definition for ``Applicability
analysis.''
0
b. Revising the definition of ``Applicable implementation plan or
applicable SIP.''

0
c. Revising the definition for ``Areawide air quality modeling
analysis.''
0
d. Adding the following definitions in alphabetical order:
``Confidential business information (CBI),'' ``Conformity
determination,'' ``Conformity evaluation,'' ``Continuing program
responsibility,'' and ``Continuous program to implement.''
0
e. Revising the definition of ``Direct emissions.''
0
f. Adding in alphabetical order a definition for ``Emission
inventory.''
0
g. Removing the definition for ``Emissions that a Federal agency has a
continuing program responsibility for.''
0
h. Revising the definition of ``EPA.''
0
i. Revising the definition of ``Indirect Emissions.''
0
j. Revising the definition of ``Local air quality modeling analysis.''
0
k. Revising the definitions for ``Maintenance area'' and ``Metropolitan
Planning Organization (MPO).''
0
l. Adding in alphabetical order a definition for ``Mitigation
measure.''
0
m. Revising the definition for ``National ambient air quality standards
(NAAQS).''
0
n. In the definitions for ``Precursors of a criteria pollutant,''
revising paragraphs (3)(i), (3)(ii) and (3)(iii).
0
o. Revising the definition for ``Reasonably foreseeable emissions.''
0
p. Removing the definition for ``Regionally significant action.''
0
q. Adding the following definitions: ``Restricted information.''
0
r. Adding in alphabetical order the definitions for ``Take or start the
Federal action'' and ``Tribal implementation plan (TIP).''
    The additions and revisions read as follows:

Sec.  93.152  Definitions.

* * * * *
    Applicability analysis is the process of determining if your
Federal action must be supported by a conformity determination.
    Applicable implementation plan or applicable SIP means the portion
(or portions) of the SIP or most recent revision thereof, which has
been approved under section 110(k) of the Act, a Federal implementation
plan promulgated under section 110(c) of the Act, or a plan promulgated
or approved pursuant to section 301 (d) of the Act (Tribal
implementation plan or TIP) and which implements the relevant
requirements of the Act.
    Areawide air quality modeling analysis means an assessment on a
scale that includes the entire nonattainment or maintenance area using
an air quality dispersion model or photochemical grid model to
determine the effects of emissions on air quality, for example, an
assessment using EPA's community multi-scale air quality (CMAQ)
modeling system.
* * * * *
    Confidential business information (CBI) means information that has
been determined by a Federal agency, in accordance with its applicable
regulations, to be a trade secret, or commercial or financial
information obtained from a person and privileged or confidential and
is exempt from required disclosure under the Freedom of Information Act
(5 U.S.C. 552(b)(4)).
    Conformity determination is the evaluation (made after an
applicability analysis is completed) that a Federal action conforms to
the applicable implementation plan and meets the requirements of this
subpart.
    Conformity evaluation is the entire process from the applicability
analysis through the conformity determination that is used to
demonstrate that the Federal action conforms to the requirements of
this subpart.
    Continuing program responsibility means a Federal agency has
responsibility for emissions caused by:
    (1) Actions it takes itself; or
    (2) Actions of non-Federal entities that the Federal agency, in
exercising its normal programs and authorities, approves, funds,
licenses or permits, provided the agency can impose conditions on any
portion of the action that could affect the emissions.
    Continuous program to implement means that the Federal agency has
started the action identified in the plan and does not stop the actions
for more than an 18-month period, unless it can demonstrate that such a
stoppage was included in the original plan.
* * * * *
    Direct emissions means those emissions of a criteria pollutant or
its precursors that are caused or initiated by the Federal action and
originate in a nonattainment or maintenance area and occur at the same
time and place as the action and are reasonably foreseeable.
* * * * *
    Emission Inventory means a listing of information on the location,
type of source, type and quantity of pollutant emitted as well as other
parameters of the emissions.
* * * * *
    EPA means the U.S. Environmental Protection Agency.
* * * * *
    Indirect emissions means those emissions of a criteria pollutant or
its precursors:
    (1) That are caused or initiated by the Federal action and
originate in the same nonattainment or maintenance area but occur at a
different time or place as the action;
    (2) That are reasonably foreseeable;
    (3) That the agency can practically control; and
    (4) For which the agency has continuing program responsibility.
    For the purposes of this definition, even if a Federal licensing,
rulemaking or other approving action is a required initial step for a
subsequent activity that causes emissions, such initial steps do not
mean that a Federal agency can practically control any resulting
emissions.
* * * * *
    Local air quality modeling analysis means an assessment of
localized impacts on a scale smaller than the entire nonattainment or
maintenance area, including, for example, congested roadways on a
Federal facility, which uses an air quality dispersion model (e.g.,
Industrial Source Complex Model or Emission and Dispersion Model
System) to determine the effects of emissions on air quality.
    Maintenance area means an area that was designated as nonattainment
and has been re-designated in 40 CFR part 81 to attainment, meeting the
provisions of section 107(d)(3)(E) of the Act and has a maintenance
plan approved under section 175A of the Act.
* * * * *
    Metropolitan Planning Organization (MPO) means the policy board of
an organization created as a result of the designation process in 23
U.S.C. 134(d).
* * * * *
    Mitigation measure means any method of reducing emissions of the
pollutant or its precursor taken at the location of the Federal action
and used to reduce the impact of the emissions of that pollutant caused
by the action.
    National ambient air quality standards (NAAQS) are those standards
established pursuant to section 109 of the Act and include standards
for carbon monoxide (CO2), lead (Pb), nitrogen dioxide
(NO2), ozone, particulate matter (PM-10 and PM2.5), and
sulfur dioxide (SO2).
* * * * *
    Precursors of a criteria pollutant are:
* * * * *
    (3) * * *
    (i) Sulfur dioxide (SO2) in all PM2.5 nonattainment and
maintenance areas,
    (ii) Nitrogen oxides in all PM2.5 nonattainment and maintenance
areas unless both the State and EPA determine that it is not a
significant precursor, and

    (iii) Volatile organic compounds (VOC) and ammonia (NH3) only in
PM2.5 nonattainment or maintenance areas where either the State or EPA
determines that they are significant precursors.
    Reasonably foreseeable emissions are projected future direct and
indirect emissions that are identified at the time the conformity
determination is made; the location of such emissions is known and the
emissions are quantifiable as described and documented by the Federal
agency based on its own information and after reviewing any information
presented to the Federal agency.
* * * * *
    Restricted Information is information that is privileged or that is
otherwise protected from disclosure pursuant to applicable statutes,
Executive Orders, or regulations. Such information includes, but is not
limited to: Classified national security information, protected
critical infrastructure information, sensitive security information,
and proprietary business information.
    Take or start the Federal action means the date that the Federal
agency signs or approves the permit, license, grant or contract or
otherwise physically begins the Federal action that requires a
conformity evaluation under this subpart.
* * * * *
    Tribal implementation plan (TIP) means a plan to implement the
national ambient air quality standards adopted and submitted by a
federally recognized Indian tribal government determined to be eligible
under 40 CFR 49.9 and the plan has been approved by EPA.

0
9. Section 93.153 is amended as follows:
0
a. By revising the table in paragraph (b)(1).
0
b. By adding paragraph (c)(2)(xxii).
0
c. By revising paragraphs (d)(1) and (d)(2).
0
d. By revising paragraph (e)(2).
0
e. By adding paragraph (e)(3).
0
f. By revising paragraph (f).
0
g. By revising paragraph (g) introductory text.
0
h. By adding paragraph (g)(3).
0
i. By revising paragraphs (h) introductory text, (h)(1), (h)(2), and
(h)(4).
0
j. By revising paragraphs (i), (j), and (k).

Sec.  93.153  Applicability analysis.

* * * * *
    (1) * * *

------------------------------------------------------------------------
                                                               Tons/year
------------------------------------------------------------------------
Ozone (VOC's or NOX):
  Serious NAA's..............................................         50
  Severe NAA's...............................................         25
  Extreme NAA's..............................................         10
  Other ozone NAA's outside an ozone transport region........        100
Other ozone NAA's inside an ozone transport region:
  VOC........................................................         50
  NOX........................................................        100
Carbon monoxide: All NAA's...................................        100
SO2 or NO2: All NAA's........................................        100
PM-10:
  Moderate NAA's.............................................        100
  Serious NAA's..............................................         70
PM2.5:
  Direct emissions...........................................        100
  SO2........................................................        100
  NOX (unless determined not to be significant precursors)...        100
  VOC or ammonia (if determined to be significant precursors)        100
Pb: All NAA's................................................         25
------------------------------------------------------------------------

* * * * *
    (c) * * *
    (2) * * *
    (xxii) Air traffic control activities and adopting approach,
departure, and enroute procedures for aircraft operations above the
mixing height specified in the applicable SIP or TIP. Where the
applicable SIP or TIP does not specify a mixing height, the Federal
agency can use the 3,000 feet above ground level as a default mixing
height, unless the agency demonstrates that use of a different mixing
height is appropriate because the change in emissions at and above that
height caused by the Federal action is de minimis.
* * * * *
    (d) * * *
    (1) The portion of an action that includes major or minor new or
modified stationary sources that require a permit under the new source
review (NSR) program (Section 110(a)(2)(c) and Section 173 of the Act)
or the prevention of significant deterioration program (title I, part C
of the Act).
    (2) Actions in response to emergencies which are typically
commenced on the order of hours or days after the emergency and, if
applicable, which meet the requirements of paragraph (e) of this
section.
* * * * *
    (e) * * *
    (2) For actions which are to be taken after those actions covered
by paragraph (e)(1) of this section, the Federal agency makes a new
determination as provided in paragraph (e)(1) of this section and:
    (i) Provides a draft copy of the written determinations required to
affected EPA Regional office(s), the affected State(s) and/or air
pollution control agencies, and any Federal recognized Indian tribal
government in the nonattainment or maintenance area. Those
organizations must be allowed 15 days from the beginning of the
extension period to comment on the draft determination; and
    (ii) Within 30 days after making the determination, publish a
notice of the determination by placing a prominent advertisement in a
daily newspaper of general circulation in the area affected by the
action.
    (3) If additional actions are necessary in response to an emergency
or disaster under paragraph (d)(2) of this section beyond the specified
time period in paragraph (e)(2) of this section, a Federal agency can
make a new written determination as described in (e)(2) of this section
for as many 6-month periods as needed, but in no case shall this
exemption extend beyond three 6-month periods except where an agency:
    (i) Provides information to EPA and the State or Tribe stating that
the conditions that gave rise to the emergency exemption continue to
exist and how such conditions effectively prevent the agency from
conducting a conformity evaluation.
    (ii) [Reserved]
    (f) Notwithstanding other requirements of this subpart, actions
specified by individual Federal agencies that have met the criteria set
forth in either paragraphs (g)(1), (g)(2), or (g)(3) of this section
and the procedures set forth in paragraph (h) of this section are
``presumed to conform,'' except as provided in paragraph (j) of this
section. Actions specified by individual Federal agencies as ``presumed
to conform'' may not be used in combination with one another when the
total direct and indirect emissions from the combination of actions
would equal or exceed any of the rates specified in paragraphs (b)(1)
or (2) of this section.
    (g) The Federal agency must meet the criteria for establishing
activities that are ``presumed to conform'' by fulfilling the
requirements set forth in either paragraphs (g)(1), (g)(2), or (g)(3)
of this section:
* * * * *
    (3) The Federal agency must clearly demonstrate that the emissions
from the type or category of actions and the amount of emissions from
the action are included in the applicable SIP and the State, local, or
tribal air quality agencies responsible for the SIP(s) or TIP(s)
provide written concurrence that the emissions from the actions along
with all other expected emissions in the area will not exceed the
emission budget in the SIP.

    (h) In addition to meeting the criteria for establishing exemptions
set forth in paragraphs (g)(1), (g)(2), or (g)(3) of this section, the
following procedures must also be complied with to presume that
activities will conform:
    (1) The Federal agency must identify through publication in the
Federal Register its list of proposed activities that are ``presumed to
conform'' and the basis for the presumptions. The notice must clearly
identify the type and size of the action that would be ``presumed to
conform'' and provide criteria for determining if the type and size of
action qualifies it for the presumption;
    (2) The Federal agency must notify the appropriate EPA Regional
Office(s), State, local, and tribal air quality agencies and, where
applicable, the agency designated under section 174 of the Act and the
MPO and provide at least 30 days for the public to comment on the list
of proposed activities ``presumed to conform.'' If the ``presumed to
conform'' action has regional or national application (e.g., the action
will cause emission increases in excess of the de minimis levels
identified in paragraph (b) of this section in more than one of EPA's
Regions), the Federal agency, as an alternative to sending it to EPA
Regional Offices, can send the draft conformity determination to U.S.
EPA, Office of Air Quality Planning and Standards;
* * * * *
    (4) The Federal agency must publish the final list of such
activities in the Federal Register.
    (i) Emissions from the following actions are ``presumed to
conform'':
    (1) Actions at installations with facility-wide emission budgets
meeting the requirements in Sec.  93.161 provided that the State or
Tribe has included the emission budget in the EPA-approved SIP and the
emissions from the action along with all other emissions from the
installation will not exceed the facility-wide emission budget.
    (2) Prescribed fires conducted in accordance with a smoke
management program (SMP) which meets the requirements of EPA's Interim
Air Quality Policy on Wildland and Prescribed Fires or an equivalent
replacement EPA policy.
    (3) Emissions for actions that the State or Tribe identifies in the
EPA-approved SIP or TIP as ``presumed to conform.''
    (j) Even though an action would otherwise be ``presumed to
conform'' under paragraph (f) or (i) of this section, an action shall
not be ``presumed to conform'' and the requirements of Sec.  93.150,
Sec.  93.151, Sec. Sec.  93.154 through 93.160 and Sec. Sec.  93.162
through 93.164 shall apply to the action if EPA or a third party shows
that the action would:
    (1) Cause or contribute to any new violation of any standard in any
area;
    (2) Interfere with provisions in the applicable SIP or TIP for
maintenance of any standard;
    (3) Increase the frequency or severity of any existing violation of
any standard in any area; or
    (4) Delay timely attainment of any standard or any required interim
emissions reductions or other milestones in any area including, where
applicable, emission levels specified in the applicable SIP or TIP for
purposes of:
    (i) A demonstration of reasonable further progress;
    (ii) A demonstration of attainment; or
    (iii) A maintenance plan.
    (k) The provisions of this subpart shall apply in all nonattainment
and maintenance areas except conformity requirements for newly
designated nonattainment areas are not applicable until 1 year after
the effective date of the final nonattainment designation for each
NAAQS and pollutant in accordance with section 176(c)(6) of the Act.
0
10. Section 93.154 is revised to read as follows:

Sec.  93.154  Federal agency conformity responsibility.

    Any department, agency, or instrumentality of the Federal
government taking an action subject to this subpart must make its own
conformity determination consistent with the requirements of this
subpart. In making its conformity determination, a Federal agency must
follow the requirements in Sec. Sec.  93.155 through 93.160 and
Sec. Sec.  93.162 through 93.165 and must consider comments from any
interested parties. Where multiple Federal agencies have jurisdiction
for various aspects of a project, a Federal agency may choose to adopt
the analysis of another Federal agency or develop its own analysis in
order to make its conformity determination.

0
11. Section 93.155 is revised to read as follows:

Sec.  93.155  Reporting requirements.

    (a) A Federal agency making a conformity determination under
Sec. Sec.  93.154 through 93.160 and Sec. Sec.  93.162 through 93.164
must provide to the appropriate EPA Regional Office(s), State and local
air quality agencies, any federally-recognized Indian tribal government
in the nonattainment or maintenance area, and, where applicable,
affected Federal land managers, the agency designated under section 174
of the Act and the MPO, a 30-day notice which describes the proposed
action and the Federal agency's draft conformity determination on the
action. If the action has multi-regional or national impacts (e.g., the
action will cause emission increases in excess of the de minimis levels
identified in Sec.  93.153(b) in three or more of EPA's Regions), the
Federal agency, as an alternative to sending it to EPA Regional
Offices, can provide the notice to EPA's Office of Air Quality Planning
and Standards.
    (b) A Federal agency must notify the appropriate EPA Regional
Office(s), State and local air quality agencies, any federally-
recognized Indian tribal government in the nonattainment or maintenance
area, and, where applicable, affected Federal land managers, the agency
designated under section 174 of the Clean Air Act and the MPO, within
30 days after making a final conformity determination under this
subpart.
    (c) The draft and final conformity determination shall exclude any
restricted information or confidential business information. The
disclosure of restricted information and confidential business
information shall be controlled by the applicable laws, regulations,
security manuals, or executive orders concerning the use, access, and
release of such materials. Subject to applicable procedures to protect
restricted information from public disclosure, any information or
materials excluded from the draft or final conformity determination or
supporting materials may be made available in a restricted information
annex to the determination for review by Federal and State
representatives who have received appropriate clearances to review the
information.

0
12. Section 93.156 is revised to read as follows:

Sec.  93.156  Public participation.

    (a) Upon request by any person regarding a specific Federal action,
a Federal agency must make available, subject to the limitation in
paragraph (e) of this section, for review its draft conformity
determination under Sec.  93.154 with supporting materials which
describe the analytical methods and conclusions relied upon in making
the applicability analysis and draft conformity determination.
    (b) A Federal agency must make public its draft conformity
determination under Sec.  93.154 by placing a notice by prominent
advertisement in a daily newspaper of general circulation in the area
affected by the action and by providing 30 days for written public
comment prior to taking any formal

action on the draft determination. This comment period may be
concurrent with any other public involvement, such as occurs in the
National Environmental Policy Act (NEPA) process. If the action has
multi-regional or national impacts (e.g., the action will cause
emission increases in excess of the de minimis levels identified in
Sec.  93.153(b) in three or more of EPA's Regions), the Federal agency,
as an alternative to publishing separate notices, can publish a notice
in the Federal Register.
    (c) A Federal agency must document its response to all the comments
received on its draft conformity determination under Sec.  93.154 and
make the comments and responses available, subject to the limitation in
paragraph (e) of this section, upon request by any person regarding a
specific Federal action, within 30 days of the final conformity
determination.
    (d) A Federal agency must make public its final conformity
determination under Sec.  93.154 for a Federal action by placing a
notice by prominent advertisement in a daily newspaper of general
circulation in the area affected by the action within 30 days of the
final conformity determination. If the action would have multi-regional
or national impacts, the Federal agency, as an alternative, can publish
the notice in the Federal Register.
    (e) The draft and final conformity determination shall exclude any
restricted information or confidential business information. The
disclosure of restricted information and confidential business
information shall be controlled by the applicable laws, regulations or
executive orders concerning the release of such materials.

0
13. Section 93.157 is revised to read as follows:

Sec.  93.157  Reevaluation of conformity.

    (a) Once a conformity determination is completed by a Federal
agency, that determination is not required to be re-evaluated if the
agency has maintained a continuous program to implement the action; the
determination has not lapsed as specified in paragraph (b) of this
section; or any modification to the action does not result in an
increase in emissions above the levels specified in Sec.  93.153(b). If
a conformity determination is not required for the action at the time
NEPA analysis is completed, the date of the finding of no significant
impact (FONSI) for an Environmental Assessment, a record of decision
(ROD) for an Environmental Impact Statement, or a categorical exclusion
determination can be used as a substitute date for the conformity
determination date.
    (b) The conformity status of a Federal action automatically lapses
5 years from the date a final conformity determination is reported
under Sec.  93.155, unless the Federal action has been completed or a
continuous program to implement the Federal action has commenced.
    (c) Ongoing Federal activities at a given site showing continuous
progress are not new actions and do not require periodic re-
determinations so long as such activities are within the scope of the
final conformity determination reported under Sec.  93.155.
    (d) If the Federal agency originally determined through the
applicability analysis that a conformity determination was not
necessary because the emissions for the action were below the limits in
Sec.  93.153(b) and changes to the action would result in the total
emissions from the action being above the limits in Sec.  93.153(b),
then the Federal agency must make a conformity determination.

0
14. Section 93.158 is amended as follows:
0
a. Revising paragraphs (a)(1), (a)(2), (a)(3) introductory text and
(a)(4) introductory text;
0
b. Revising paragraph (a)(5) introductory text;
0
c. Revising paragraphs (a)(5)(i) introductory text, and (a)(5)(i)(C);
0
d. Adding paragraph (a)(5)(i)(D).
0
e. Revising paragraphs (a)(5)(iii), (a)(5)(iv) introductory text;
(a)(5)(iv)(A)(1), (a)(5)(iv)(A)(2) and paragraph (a)(5)(iv)(B).

Sec.  93.158  Criteria for determining conformity of general Federal
actions.

    (a) * * *
    (1) For any criteria pollutant or precursor, the total of direct
and indirect emissions from the action are specifically identified and
accounted for in the applicable SIP's attainment or maintenance
demonstration or reasonable further progress milestone or in a
facility-wide emission budget included in a SIP in accordance with
Sec.  93.161;
    (2) For precursors of ozone, nitrogen dioxide, or PM, the total of
direct and indirect emissions from the action are fully offset within
the same nonattainment or maintenance area (or nearby area of equal or
higher classification provided the emissions from that area contribute
to the violations, or have contributed to violations in the past, in
the area with the Federal action) through a revision to the applicable
SIP or a similarly enforceable measure that effects emissions
reductions so that there is no net increase in emissions of that
pollutant;
    (3) For any directly-emitted criteria pollutant, the total of
direct and indirect emissions from the action meets the requirements:
* * * * *
    (4) For CO or directly emitted PM--
* * * * *
    (5) For ozone or nitrogen dioxide, and for purposes of paragraphs
(a)(3)(ii) and (a)(4)(ii) of this section, each portion of the action
or the action as a whole meets any of the following requirements:
    (i) Where EPA has approved a revision to the applicable
implementation plan after the area was designated as nonattainment and
the State or Tribe makes a determination as provided in paragraph
(a)(5)(i)(A) of this section or where the State or Tribe makes a
commitment as provided in paragraph (a)(5)(i)(B) of this section:
* * * * *
    (C) Where a Federal agency made a conformity determination based on
a State's or Tribe's commitment under paragraph (a)(5)(i)(B) of this
section and the State has submitted a SIP or TIP to EPA covering the
time period during which the emissions will occur or is scheduled to
submit such a SIP or TIP within 18 months of the conformity
determination, the State commitment is automatically deemed a call for
a SIP or TIP revision by EPA under section 110(k)(5) of the Act,
effective on the date of the Federal conformity determination and
requiring response within 18 months or any shorter time within which
the State or Tribe commits to revise the applicable SIP;
    (D) Where a Federal agency made a conformity determination based on
a State or tribal commitment under paragraph (a)(5)(i)(B) of this
section and the State or Tribe has not submitted a SIP covering the
time period when the emissions will occur or is not scheduled to submit
such a SIP within 18 months of the conformity determination, the State
or Tribe must, within 18 months, submit to EPA a revision to the
existing SIP committing to include the emissions in the future SIP
revision.
* * * * *
    (iii) The action (or portion thereof) fully offsets its emissions
within the same nonattainment or maintenance area (or nearby area of
equal or higher classification provided the emissions from that area
contribute to the violations, or have contributed to violation in the
past, in the area with the Federal action) through a revision to the
applicable SIP or an equally enforceable measure that effects

emissions reductions equal to or greater than the total of direct and
indirect emissions from the action so that there is no net increase in
emissions of that pollutant;
    (iv) Where EPA has not approved a revision to the relevant SIP
since the area was designated or reclassified, the total of direct and
indirect emissions from the action for the future years (described in
Sec.  93.159(d)) do not increase emissions with respect to the baseline
emissions:
    (A) * * *
    (1) The most current calendar year with a complete emission
inventory available before an area is designated unless EPA sets
another year; or
    (2) The emission budget in the applicable SIP;
* * * * *
    (B) The baseline emissions are the total of direct and indirect
emissions calculated for the future years (described in Sec.
93.159(d)) using the historic activity levels (described in paragraph
(a)(5)(iv)(A) of this section) and appropriate emission factors for the
future years; or
* * * * *

0
15. Section 93.159 is amended as follows:
0
a. Revising paragraphs (b) introductory text and (b)(1)(ii);
0
b. Revising paragraphs (b)(2) and (c) introductory text; and
0
c. Revising paragraph (d).
    The revisions and additions read as follows:

Sec.  93.159  Procedures for conformity determinations of general
Federal actions.

* * * * *
    (b) The analyses required under this subpart must be based on the
latest and most accurate emission estimation techniques available as
described below, unless such techniques are inappropriate. If such
techniques are inappropriate, the Federal agency may obtain written
approval from the appropriate EPA Regional Administrator for a
modification or substitution, of another technique on a case-by-case
basis or, where appropriate, on a generic basis for a specific Federal
agency program.
    (1) * * *
    (ii) A grace period of 3 months shall apply during which the motor
vehicle emissions model previously specified by EPA as the most current
version may be used unless EPA announces a longer grace period in the
Federal Register. Conformity analyses for which the analysis was begun
during the grace period or no more than 3 months before the Federal
Register notice of availability of the latest emission model may
continue to use the previous version of the model specified by EPA.
    (2) For non-motor vehicle sources, including stationary and area
source emissions, the latest emission factors specified by EPA in the
``Compilation of Air Pollutant Emission Factors'' (AP-42, http://
www.epa.gov/ttn/chiefs/efpac) must be used for the conformity analysis
unless more accurate emission data are available, such as actual stack
test data from the stationary sources which are part of the conformity
analysis.
    (c) The air quality modeling analyses required under this subpart
must be based on the applicable air quality models, data bases, and
other requirements specified in the most recent version of the
``Guideline on Air Quality Models.'' (Appendix W to 40 CFR part 51).
* * * * *
    (d) The analyses required under this subpart must be based on the
total of direct and indirect emissions from the action and must reflect
emission scenarios that are expected to occur under each of the
following cases:
    (1) The attainment year specified in the SIP, or if the SIP does
not specify an attainment year, the latest attainment year possible
under the Act; or
    (2) The last year for which emissions are projected in the
maintenance plan;
    (3) The year during which the total of direct and indirect
emissions from the action is expected to be the greatest on an annual
basis; and
    (4) Any year for which the applicable SIP specifies an emissions
budget.

0
16. Section 93.160 is amended as follows:
0
a. Revising paragraph (e);
0
b. Revising paragraph (f); and
0
c. Revising paragraph (g).

Sec.  93.160  Mitigation of air quality impacts.

* * * * *
    (e) When necessary because of changed circumstances, mitigation
measures may be modified so long as the new mitigation measures
continue to support the conformity determination. Any proposed change
in the mitigation measures is subject to the reporting requirements of
Sec.  93.156 and the public participation requirements of Sec.  93.157.
    (f) Written commitments to mitigation measures must be obtained
prior to a positive conformity determination and such commitments must
be fulfilled.
    (g) After a State or Tribe revises its SIP or TIP and EPA approves
that SIP revision, any agreements, including mitigation measures,
necessary for a conformity determination will be both State or tribal
and federally enforceable. Enforceability through the applicable SIP or
TIP will apply to all persons who agree to mitigate direct and indirect
emissions associated with a Federal action for a conformity
determination.

0
17. Subpart B is amended by adding Sec.  93.161 to read as follows:

Sec.  93.161  Conformity evaluation for Federal installations with
facility-wide emission budgets.

    (a) The State, local or tribal agency responsible for implementing
and enforcing the SIP or TIP can in cooperation with Federal agencies
or third parties authorized by the agency that operate installations
subject to Federal oversight develop and adopt a facility-wide emission
budget to be used for demonstrating conformity under Sec.
93.158(a)(1). The facility-wide budget must meet the following
criteria:
    (1) Be for a set time period;
    (2) Cover the pollutants or precursors of the pollutants for which
the area is designated nonattainment or maintenance;
    (3) Include specific quantities allowed to be emitted on an annual
or seasonal basis;
    (4) The emissions from the facility along with all other emissions
in the area will not exceed the emission budget for the area;
    (5) Include specific measures to ensure compliance with the budget,
such as periodic reporting requirements or compliance demonstration,
when the Federal agency is taking an action that would otherwise
require a conformity determination;
    (6) Be submitted to EPA as a SIP revision;
    (7) The SIP revision must be approved by EPA.
    (b) The facility-wide budget developed and adopted in accordance
with paragraph (a) of this section can be revised by following the
requirements in paragraph (a) of this section.
    (c) Total direct and indirect emissions from Federal actions in
conjunction with all other emissions subject to General Conformity from
the facility that do not exceed the facility budget adopted pursuant to
paragraph (a) of this section are ``presumed to conform'' to the SIP
and do not require a conformity analysis.
    (d) If the total direct and indirect emissions from the Federal
actions in conjunction with the other emissions subject to General
Conformity from the facility exceed the budget adopted pursuant to
paragraph (a) of this section, the action must be evaluated for
conformity. A Federal agency can use the compliance with the facility-
wide

emissions budget as part of the demonstration of conformity, i.e., the
agency would have to mitigate or offset the emissions that exceed the
emission budget.
    (e) If the SIP for the area includes a category for construction
emissions, the negotiated budget can exempt construction emissions from
further conformity analysis.

0
18. Subpart B is amended by adding Sec.  93.162 to read as follows:

Sec.  93.162  Emissions beyond the time period covered by the SIP.

    If a Federal action would result in total direct and indirect
emissions above the applicable thresholds which would be emitted beyond
the time period covered by the SIP, the Federal agency can:
    (a) Demonstrate conformity with the last emission budget in the
SIP; or
    (b) Request the State or Tribe to adopt an emissions budget for the
action for inclusion in the SIP. The State or Tribe must submit a SIP
or TIP revision to EPA within 18 months either including the emissions
in the existing SIP or establishing an enforceable commitment to
include the emissions in future SIP revisions based on the latest
planning assumptions at the time of the SIP revision. No such
commitment by a State or Tribe shall restrict a State's or Tribe's
ability to require RACT, RACM or any other control measures within the
State's or Tribe's authority to ensure timely attainment of the NAAQS.

0
19. Subpart B is amended by adding Sec.  193.163 to read as follows:

Sec.  93.163  Timing of offsets and mitigation measures.

    (a) The emissions reductions from an offset or mitigation measure
used to demonstrate conformity must occur during the same calendar year
as the emission increases from the action except, as provided in
paragraph (b) of this section.
    (b) The State or Tribe may approve emissions reductions in other
years provided:
    (1) The reductions are greater than the emission increases by the
following ratios:

(i) Extreme nonattainment areas...............................     1.5:1
(ii) Severe nonattainment areas...............................     1.3:1
(iii) Serious nonattainment areas.............................     1.2:1
(iv) Moderate nonattainment areas.............................    1.15:1
(v) All other areas...........................................     1.1:1

    (2) The time period for completing the emissions reductions must
not exceed twice the period of the emissions.
    (3) The offset or mitigation measure with emissions reductions in
another year will not:
    (i) Cause or contribute to a new violation of any air quality
standard,
    (ii) Increase the frequency or severity of any existing violation
of any air quality standard; or
    (iii) Delay the timely attainment of any standard or any interim
emissions reductions or other milestones in any area.
    (c) The approval by the State or Tribe of an offset or mitigation
measure with emissions reductions in another year does not relieve the
State or Tribe of any obligation to meet any SIP or Clean Air Act
milestone or deadline. The approval of an alternate schedule for
mitigation measures is at the discretion of the State or Tribe, and
they are not required to approve an alternate schedule.

0
20. Subpart B is amended by adding Sec.  93.164 to read as follows:

Sec.  93.164  Inter-precursor mitigation measures and offsets.

    Federal agencies must reduce the same type of pollutant as being
increased by the Federal action except the State or Tribe may approve
offsets or mitigation measures of different precursors of the same
criteria pollutant, if such trades are allowed by a State or Tribe in a
SIP or TIP approved NSR regulation, is technically justified, and has a
demonstrated environmental benefit.

0
21. Subpart B is amended by adding Sec.  93.165 to read as follows:

Sec.  93.165  Early emission reduction credit programs at Federal
facilities and installation subject to Federal oversight.

    (a) Federal facilities and installations subject to Federal
oversight can, with the approval of the State or tribal agency
responsible for the SIP or TIP in that area, create an early emissions
reductions credit program. The Federal agency can create the emission
reduction credits in accordance with the requirements in paragraph (b)
of this section and can use them in accordance with paragraph (c) of
this section.
    (b) Creation of emission reduction credits.
    (1) Emissions reductions must be quantifiable through the use of
standard emission factors or measurement techniques. If non-standard
factors or techniques to quantify the emissions reductions are used,
the Federal agency must receive approval from the State or tribal
agency responsible for the implementation of the SIP or TIP and from
EPA's Regional Office. The emission reduction credits do not have to be
quantified before the reduction strategy is implemented, but must be
quantified before the credits are used in the General Conformity
evaluation.
    (2) The emission reduction methods must be consistent with the
applicable SIP or TIP attainment and reasonable further progress
demonstrations.
    (3) The emissions reductions cannot be required by or credited to
other applicable SIP or TIP provisions.
    (4) Both the State or Tribe and Federal air quality agencies must
be able to take legal action to ensure continued implementation of the
emission reduction strategy. In addition, private citizens must also be
able to initiate action to ensure compliance with the control
requirement.
    (5) The emissions reductions must be permanent or the timeframe for
the reductions must be specified.
    (6) The Federal agency must document the emissions reductions and
provide a copy of the document to the State or tribal air quality
agency and the EPA regional office for review. The documentation must
include a detailed description of the emission reduction strategy and a
discussion of how it meets the requirements of paragraphs (b)(1)
through (5) of this section.
    (c) Use of emission reduction credits. The emission reduction
credits created in accordance with paragraph (b) of this section can be
used, subject to the following limitations, to reduce the emissions
increase from a Federal action at the facility for the conformity
evaluation.
    (1) If the technique used to create the emission reduction is
implemented at the same facility as the Federal action and could have
occurred in conjunction with the Federal action, then the credits can
be used to reduce the total direct and indirect emissions used to
determine the applicability of the regulation as required in Sec.
93.153 and as offsets or mitigation measures required by Sec.  93.158.
    (2) If the technique used to create the emission reduction is not
implemented at the same facility as the Federal action or could not
have occurred in conjunction with the Federal action, then the credits
cannot be used to reduce the total direct and indirect emissions used
to determine the applicability of the regulation as required in Sec.
93.153, but can be used to offset or mitigate the emissions as required
by Sec.  93.158.
    (3) Emissions reductions credits must be used in the same year in
which they are generated.
    (4) Once the emission reduction credits are used, they cannot be
used as credits for another conformity evaluation. However, unused
credits

from a strategy used for one conformity evaluation can be used for
another conformity evaluation as long as the reduction credits are not
double counted.
    (5) Federal agencies must notify the State or tribal air quality
agency responsible for the implementation of the SIP or TIP and EPA
Regional Office when the emission reduction credits are being used.

[FR Doc. 2010-7047 Filed 4-2-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 230 (Friday, November 29, 2019)]
[Rules and Regulations]
[Pages 65683-65685]
[FR Doc No: 2019-25818]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2019-0394; FRL-10002-56-Region 5]

Designation of Areas for Air Quality Planning Purposes; Ohio;
Redesignation of the Ohio Portion of the Steubenville Sulfur Dioxide
Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: In accordance with the Clean Air Act (CAA), the Environmental
Protection Agency (EPA) is redesignating the Ohio portion of the
Steubenville Ohio-West Virginia interstate sulfur dioxide
(SO2) nonattainment area (Steubenville nonattainment area)
from nonattainment to attainment. EPA is also approving Ohio's
maintenance plan. Emissions of SO2 in the area have been
reduced and the air quality in the nonattainment area is currently well
below the 2010 SO2 national ambient air quality standard
(NAAQS).

DATES: This final rule is effective on November 29, 2019.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2019-0394. All documents in the docket are listed on
the www.regulations.gov website. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
through www.regulations.gov or 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 Mary Portanova, Environmental Engineer, at (312)
353-5954, before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Mary Portanova, Environmental
Engineer, Control Strategies Section, Air Programs Branch (AR18J),
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.

I. Background Information

    On September 20, 2019 (84 FR 49492), EPA proposed to redesignate
the Ohio portion of the Steubenville Ohio-West Virginia interstate
SO2 nonattainment area from nonattainment to attainment of
the 2010 SO2 NAAQS. EPA also proposed to approve Ohio's
SO2 maintenance plan for the area. An explanation of the CAA
requirements for redesignation, a detailed analysis of the
redesignation request and maintenance plan, and EPA's reasons for
proposing approval were provided in the notice of proposed rulemaking
and will not be restated here. The public comment period for this
proposed rule ended on October 21, 2019.
    The Steubenville nonattainment area is comprised of a portion of
Jefferson County, Ohio and a portion of Brooke County, West Virginia.
The Ohio portion of the Steubenville nonattainment area includes Cross

Creek Township, Steubenville Township, Warren Township, Wells Township,
and Steubenville City in Jefferson County.
    Ohio and West Virginia prepared nonattainment State Implementation
Plans (SIPs) to provide for attainment of the 2010 SO2 NAAQS
in the Steubenville nonattainment area by the SO2 attainment
date of October 4, 2018. EPA approved the nonattainment SIPs from Ohio
and West Virginia on October 22, 2019 (84 FR 56385).

II. Public Comments

    EPA received two public comments on the September 20, 2019 proposal
to redesignate the Ohio portion of the Steubenville nonattainment area.
Both comments supported the proposed redesignation. The comments are
included in the docket for this action.

III. What action is EPA taking?

    EPA is redesignating the Ohio portion of the Steubenville
nonattainment area from nonattainment to attainment of the 2010
SO2 NAAQS. The Ohio portion of the Steubenville
nonattainment area includes Cross Creek Township, Steubenville
Township, Warren Township, Wells Township, and Steubenville City in
Jefferson County. Ohio has demonstrated that the area is attaining the
SO2 standard, and that the improvement in air quality is due
to permanent and enforceable SO2 emission reductions in the
nonattainment area. EPA is also approving Ohio's maintenance plan,
which is designed to ensure that the area will continue to maintain the
SO2 standard.
    In accordance with 5 U.S.C. 553(d), EPA finds there is good cause
for these actions to become effective immediately upon publication.
This is because a delayed effective date is unnecessary due to the
nature of a redesignation to attainment, which relieves the area from
certain CAA requirements that would otherwise apply to it. The
immediate effective date for this action is authorized under both 5
U.S.C. 553(d)(1), which provides that rulemaking actions may become
effective less than 30 days after publication if the rule ``grants or
recognizes an exemption or relieves a restriction,'' and section
553(d)(3), which allows an effective date less than 30 days after
publication ``as otherwise provided by the agency for good cause found
and published with the rule.'' The purpose of the 30-day waiting period
prescribed in section 553(d) is to give affected parties a reasonable
time to adjust their behavior and prepare before the final rule takes
effect. This rule, however, does not create any new regulatory
requirements such that affected parties would need time to prepare
before the rule takes effect. Rather, this rule relieves the State of
planning requirements for this nonattainment area. For these reasons,
EPA finds good cause under 5 U.S.C. 553(d)(3) for these actions to
become effective on the date of publication of these actions.

IV. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the
accompanying approval of the maintenance plan under CAA section
107(d)(3)(E) are actions that affect the status of the geographical
area and do not impose any additional regulatory requirements on
sources beyond those required by state law. A redesignation to
attainment does not in and of itself impose any new requirements, but
rather results in the application of requirements contained in the CAA
for areas that have been redesignated to attainment. Moreover, 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 Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     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, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), because
redesignation is an action that affects the status of a geographical
area and does not impose any new regulatory requirements on tribes,
impact any existing sources of air pollution on tribal lands, nor
impair the maintenance of ozone national ambient air quality standards
in tribal lands.
    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, 2020. 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

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Sulfur oxides.

40 CFR Part 81

    Environmental protection, Air pollution control, National parks,
Wilderness areas.

    Dated: November 13, 2019.
Cathy Stepp,
Regional Administrator, Region 5.

    Title 40 CFR parts 52 and 81 are amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

0
2. In Sec.  52.1870, the table in paragraph (e) is amended under
``Summary of Criteria Pollutant Maintenance Plan'' by adding an entry
for ``SO2 (2010)'' before the entry ``CO (1979)'' to read as
follows:

Sec.  52.1870  Identification of plan.

* * * * *
    (e) * * *

                         EPA-Approved Ohio Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                            Applicable geographical
          Title              or non-attainment area     State date        EPA approval            Comments
----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
                                                  * * * * * * *
                                 Summary of Criteria Pollutant Maintenance Plan
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
SO2 (2010)...............  Steubenville OH-WV              6/25/2019  11/29/2019, [insert
                            (partial Jefferson                         Federal Register
                            County).                                   citation].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
3. The authority citation for part 81 continues to read as follows:

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

0
4. Section 81.336 is amended by revising the entry ``Steubenville, OH-
WV'' in the table entitled ``Ohio--2010 Sulfur Dioxide NAAQS
(Primary)'' to read as follows:

Sec.  81.336  Ohio.

* * * * *

                     Ohio--2010 Sulfur Dioxide NAAQS
                                [Primary]
------------------------------------------------------------------------
                                                Designation
       Designated area \1\        --------------------------------------
                                        Date \2\             Type
------------------------------------------------------------------------

                              * * * * * * *
Steubenville, OH-WV..............  November 29, 2019  Attainment.
    Jefferson County (part).
        Cross Creek Township,
         Steubenville Township,
         Warren Township, Wells
         Township, Steubenville
         City.

                              * * * * * * *
------------------------------------------------------------------------
\1\ Includes any Indian country in each county or area, unless otherwise
  specified. EPA is not determining the boundaries of any area of Indian
  country in this table, including any area of Indian country located in
  the larger designation area. The inclusion of any Indian country in
  the designation area is not a determination that the state has
  regulatory authority under the Clean Air Act for such Indian country.
\2\ This date is April 9, 2018, unless otherwise noted.

* * * * *
[FR Doc. 2019-25818 Filed 11-27-19; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 132 (Tuesday, July 10, 2018)]
[Rules and Regulations]
[Pages 31893-31895]
[FR Doc No: 2018-14735]

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

40 CFR Part 180

[EPA-HQ-OPP-2017-0227; FRL-9978-15]

Pyroxsulam; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: This regulation amends existing tolerances for residues of
pyroxsulam in or on teff forage, teff grain, teff hay, and teff straw.
Interregional Research Project Number 4 (IR-4) requested these
tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

DATES: This regulation is effective July 10, 2018. Objections and
requests for hearings must be received on or before September 10, 2018,
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2017-0227, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334,
1301 Constitution Ave. NW, Washington, DC 20460-0001. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>,

and the telephone number for the OPP Docket is<PHONE_NUMBER>. Please
review the visitor instructions and additional information about the
docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Michael Goodis, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; main telephone
number:<PHONE_NUMBER>; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

B. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of EPA's
tolerance regulations at 40 CFR part 180 through the Government
Printing Office's e-CFR site at http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

C. How can I file an objection or hearing request?

    Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an
objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2017-0227 in the subject line on the first
page of your submission. All objections and requests for a hearing must
be in writing, and must be received by the Hearing Clerk on or before
September 10, 2018. Addresses for mail and hand delivery of objections
and hearing requests are provided in 40 CFR 178.25(b).
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket. Information not marked confidential
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without
prior notice. Submit the non-CBI copy of your objection or hearing
request, identified by docket ID number EPA-HQ-OPP-2017-0227, by one of
the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

II. Summary of Petitioned-For Tolerance

    In the Federal Register of October 23, 2017 (82 FR 49020) (FRL-
9967-37), EPA issued a document pursuant to FFDCA section 408(d)(3), 21
U.S.C. 346a(d)(3), announcing the filing of a pesticide petition (PP
7E8551) by IR-4, Rutgers, The State University of New Jersey, 500
College Road East, Suite 201 W, Princeton, NJ 08540. The petition
requested that 40 CFR part 180 be amended by establishing tolerances
for residues of the herbicide pyroxsulam, N-(5,7-
dimethoxy[1,2,4]triazolo[1,5-a]pyrimidin-2-yl)-2-methoxy-4-
(trifluoromethyl)-3-pyridinesulfonamide in or on the raw agricultural
commodities teff, forage at 0.06 ppm; teff, grain at 0.01 ppm; teff,
straw at 0.03 ppm; and teff, hay at 0.01 ppm. That document referenced
a summary of the petition prepared by Dow Agrosciences, the registrant,
which is available in the docket, http://www.regulations.gov. A comment
was received on the notice of filing but was related to the impact of
wind turbines on bats and therefore not relevant to this action.
    In between the submission of the petition and the publication of
this document, tolerances were established in the Federal Register of
July 5, 2017 (82 FR 30987) (FRL-9962-60) for residues in teff forage,
teff grain, teff hay, and teff straw at the levels requested in this
petition to cover residues of pyroxsulam in or on imports of those
commodities since there was no domestic registration for that use at
the time.

III. Aggregate Risk Assessment and Determination of Safety

    Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a
tolerance (the legal limit for a pesticide chemical residue in or on a
food) only if EPA determines that the tolerance is ``safe.'' Section
408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a
reasonable certainty that no harm will result from aggregate exposure
to the pesticide chemical residue, including all anticipated dietary
exposures and all other exposures for which there is reliable
information.'' This includes exposure through drinking water and in
residential settings, but does not include occupational exposure.
Section 408(b)(2)(C) of FFDCA requires EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance and to ``ensure that there
is a reasonable certainty that no harm will result to infants and
children from aggregate exposure to the pesticide chemical residue. . .
.''
    Consistent with FFDCA section 408(b)(2)(D), and the factors
specified in FFDCA section 408(b)(2)(D), EPA has reviewed the available
scientific data and other relevant information in support of this
action. EPA has sufficient data to assess the hazards of and to make a
determination on aggregate exposure consistent with FFDCA section
408(b)(2).
    In the Federal Register of July 5, 2017 (82 FR 30987), EPA
established tolerances for residues of pyroxsulam in or on teff forage,
teff grain, teff hay, and teff straw at the same levels as those
requested in this action. Because there was no domestic use of
pyroxsulam registered on those commodities at the time, the tolerances
included a footnote noting the lack of U.S. registrations for use of
pyroxsulam on teff. Due to changes in the status of domestic
registrations for use of pyroxsulam in or on teff, this footnote is no
longer accurate and needs to be removed.
    The U.S. registration of teff on pyroxsulam does not change the
Agency's previous conclusions about drinking water exposure or
residential exposure; therefore, the previous aggregate risk assessment
supports the amendment of the teff tolerances. Based on this assessment
of potential exposure

from use of pyroxsulam on teff and the findings supporting the July 5,
2017 tolerances established for teff commodities, EPA concludes that
there is a reasonable certainty that no harm will result to the general
population, or to infants and children from aggregate exposure to
pyroxsulam residues.
    For a detailed discussion of the aggregate risk assessments and
determination of safety for the proposed tolerances, please refer to
the July 5, 2017 Federal Register document and its supporting documents
available at http://www.regulations.gov in docket ID numbers EPA-HQ-
OPP-2006-0785 and EPA-HQ-OPP-2017-0227.

IV. Other Considerations

A. Analytical Enforcement Methodology

    An adequate enforcement methodology, Method GRM 04.17, a liquid
chromatography with tandem mass spectrometry (LC/MS/MS) method, is
available to enforce the tolerance expression.
    The method may be requested from: Chief, Analytical Chemistry
Branch, Environmental Science Center, 701 Mapes Rd., Ft. Meade, MD
20755-5350; telephone number:<PHONE_NUMBER>; email address:
[email protected].

B. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international maximum residue limits (MRLs) established
by the Codex Alimentarius Commission (Codex), as required by FFDCA
section 408(b)(4). The Codex Alimentarius is a joint United Nations
Food and Agriculture Organization/World Health Organization food
standards program, and it is recognized as an international food safety
standards-setting organization in trade agreements to which the United
States is a party. EPA may establish a tolerance that is different from
a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain
the reasons for departing from the Codex level.
    The Codex has not established a MRL for pyroxsulam.

V. Conclusion

    Therefore, the tolerances for teff commodities in 40 CFR 180.638
are amended by removing the footnote stating ``There are no U.S.
registrations on teff as of May 8, 2017''.

VI. Statutory and Executive Order Reviews

    This action modifies tolerances under FFDCA section 408(d) in
response to a petition submitted to the Agency. The Office of
Management and Budget (OMB) has exempted these types of actions from
review under Executive Order 12866, entitled ``Regulatory Planning and
Review'' (58 FR 51735, October 4, 1993). Because this action has been
exempted from review under Executive Order 12866, this action is not
subject to Executive Order 13211, entitled ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), nor is it considered a
regulatory action under Executive Order 13771, entitled ``Reducing
Regulations and Controlling Regulatory Costs'' (82 FR 9339, February 3,
2017). This action does not contain any information collections subject
to OMB approval under the Paperwork Reduction Act (PRA) (44 U.S.C. 3501
et seq.), nor does it require any special considerations under
Executive Order 12898, entitled ``Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations'' (59 FR 7629, February 16, 1994).
    Since tolerances and exemptions that are established on the basis
of a petition under FFDCA section 408(d), such as the tolerances in
this final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), do not apply.
    This action directly regulates growers, food processors, food
handlers, and food retailers, not States or tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). As such, the Agency has determined that
this action will not have a substantial direct effect on States or
tribal governments, on the relationship between the national government
and the States or tribal governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian tribes. Thus, the Agency has
determined that Executive Order 13132, entitled ``Federalism'' (64 FR
43255, August 10, 1999) and Executive Order 13175, entitled
``Consultation and Coordination with Indian Tribal Governments'' (65 FR
67249, November 9, 2000) do not apply to this action. In addition, this
action does not impose any enforceable duty or contain any unfunded
mandate as described under Title II of the Unfunded Mandates Reform Act
(UMRA) (2 U.S.C. 1501 et seq.).
    This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) (15 U.S.C. 272 note).

VII. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.

    Dated: June 15, 2018.
Michael Goodis,
Director, Registration Division, Office of Pesticide Programs.

    Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

    Authority: 21 U.S.C. 321(q), 346a and 371.

0
2. In Sec.  180.638, revise the table in paragraph (a) to read as
follows:

Sec.  180.638   Pyroxsulam; tolerances for residues.

    (a) * * *

------------------------------------------------------------------------
                                                               Parts per
                          Commodity                             million
------------------------------------------------------------------------
Teff, forage................................................        0.06
Teff, grain.................................................        0.01
Teff, hay...................................................        0.01
Teff, straw.................................................        0.03
Wheat, forage...............................................        0.06
Wheat, grain................................................        0.01
Wheat, hay..................................................        0.01
Wheat, straw................................................        0.03
------------------------------------------------------------------------

* * * * *
[FR Doc. 2018-14735 Filed 7-9-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 131 (Tuesday, July 9, 2019)]
[Notices]
[Pages 32830-32831]
[FR Doc No: 2019-14484]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2019-0006; Notice 1]

Volkswagen Group of America, Inc., Receipt of Petition for
Decision of Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Receipt of petition.

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

SUMMARY: Volkswagen Group of America, Inc. (Volkswagen), has determined
that certain Model year (MY) 2015-2016 Audi A3 and Audi S3 motor
vehicles do not comply with Federal Motor Vehicle Safety Standard
(FMVSS) No. 108, Lamps, Reflective Devices, and Associated Equipment.
Volkswagen filed a noncompliance report dated January 28, 2019, and
also petitioned NHTSA on January 28, 2019, for a decision that the
subject noncompliance is inconsequential as it relates to motor vehicle
safety. This document announces receipt of Volkswagen's petition.

DATES: Send comments on or before August 8, 2019.

ADDRESSES: Interested persons are invited to submit written data,
views, and arguments on this petition. Comments must refer to the
docket and notice number cited in the title of this notice and
submitted by any of the following methods:
     Mail: Send comments by mail addressed to the 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 comments by hand to the U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC
20590. The Docket Section is open on weekdays from 10 a.m. to 5 p.m.
except for Federal Holidays.
     Electronically: Submit comments electronically by logging
onto the Federal Docket Management System (FDMS) website at https://www.regulations.gov/. Follow the online instructions for submitting
comments.

     Comments may also be faxed to<PHONE_NUMBER>.
    Comments must be written in the English language, and be no greater
than 15 pages in length, although there is no limit to the length of
necessary attachments to the comments. If comments are submitted in
hard copy form, please ensure that two copies are provided. If you wish
to receive confirmation that comments you have submitted by mail were
received, please enclose a stamped, self-addressed postcard with the
comments. Note that all comments received will be posted without change
to https://www.regulations.gov, including any personal information
provided.
    All comments and supporting materials received before the close of
business on the closing date indicated above will be filed in the
docket and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the fullest extent possible.
    When the petition is granted or denied, notice of the decision will
also be published in the Federal Register pursuant to the authority
indicated at the end of this notice.
    All comments, background documentation, and supporting materials
submitted to the docket may be viewed by anyone at the address and
times given above. The documents may also be viewed on the internet at
https://www.regulations.gov by following the online instructions for
accessing the dockets. The docket ID number for this petition is shown
in the heading of this notice.
    DOT's complete Privacy Act Statement is available for review in a
Federal Register notice published on April 11, 2000, (65 FR 19477-78).

SUPPLEMENTARY INFORMATION:
    I. Overview: Volkswagen has determined that certain MY 2015-2016
Audi A3, S3 Sedan, and A3 Cabriolet motor vehicles do not comply with
paragraph S9.3.6. of FMVSS No. 108, Lamps, Reflective Devices, and
Associated Equipment (49 CFR 571.108). Volkswagen filed a noncompliance
report dated January 28, 2019, pursuant to 49 CFR 573, Defect and
Noncompliance Responsibility and Reports, and subsequently petitioned
NHTSA on January 28, 2019, for an exemption from the notification and
remedy requirements of 49 U.S.C. Chapter 301 on the basis that this
noncompliance is inconsequential as it relates to motor vehicle safety,
pursuant to 40 U.S.C. 30118 and 49 U.S.C. 30120, Exemption for
Inconsequential Defect or Noncompliance.
    This notice of receipt of Volkswagen's petition is published under
49 U.S.C. 30118 and 30120 and does not represent any agency decision or
other exercise of judgment concerning the merits of the petition.
    II. Vehicles Involved: Approximately 81,831 MY 2015-2016 Audi A3,
S3 Sedan and A3 Cabriolet motor vehicles, manufactured between November
28, 2013, and July 28, 2016, are potentially involved.
    III. Noncompliance: Volkswagen explains that the noncompliance is
that the subject vehicles are equipped with turn signal pilot
indicators that do not meet the flashing rate as required by paragraph
S9.3.6 of FMVSS No. 108. Specifically, the left turn signal indicator,
does not have a significant change in the flashing rate when the left
rear turn signal LED array becomes inoperative.
    IV. Rule Requirements: Paragraph S9.3.6 of FMVSS No. 108 provides
the requirements relevant to this petition. Failure of one or more turn
signal lamps, such that the minimum photometric performance specified
in Tables VI or VII of FMVSS No. 108 is not being met, must be
indicated by the turn signal pilot indicator by a ``steady on,''
``steady off,'' or by a significant change in the flashing rate.
    V. Summary of Petition: Volkswagen described the subject
noncompliance and stated its belief that the noncompliance is
inconsequential as it relates to motor vehicle safety.
    In support of its petition, Volkswagen submitted the following
reasoning:
    1. The driver receives two different indicator warnings in the
instrument cluster immediately upon error. The brake light and
indicator light/turn signal are combined and the referenced tail lamp
assembly subject to FMVSS No. 108 is the outboard lighting assembly.
The subject condition is limited to the outermost left rear lamp
assembly only.
    2. In the case of bulb failure, both lights (brake light and
indicator light/turn signal are combined) become inoperative, including
the turn signal. Should the LED left turn signal become inoperative,
the external indicator lights that signal left turns, which are located
on the trunk and on the left side view mirror of the vehicle, are still
operational.
    3. Additionally, the reverse lamp in the left rear tail lamp
assembly, the left brake light in the trunk lid assembly, and the
center high mount stop lamp, will remain operational.
    Volkswagen concluded that the subject noncompliance is
inconsequential as it relates to motor vehicle safety, and that its
petition to be exempted from providing notification of the
noncompliance, as required by 49 U.S.C. 30118, and a remedy for the
noncompliance, as required by 49 U.S.C. 30120, should be granted.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to file petitions for a
determination of inconsequentiality allow NHTSA to exempt manufacturers
only from the duties found in sections 30118 and 30120, respectively,
to notify owners, purchasers, and dealers of a defect or noncompliance
and to remedy the defect or noncompliance. Therefore, any decision on
this petition only applies to the subject vehicles that Volkswagen no
longer controlled at the time it determined that the noncompliance
existed. However, any decision on this petition does not relieve
equipment distributors and dealers of the prohibitions on the sale,
offer for sale, or introduction or delivery for introduction into
interstate commerce of the noncompliant vehicles under their control
after Volkswagen notified them that the subject noncompliance existed.

(Authority: 49 U.S.C. 30118, 30120: delegations of authority at 49
CFR 1.95 and 501.8.)

Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2019-14484 Filed 7-8-19; 8:45 am]
 BILLING CODE 4910-59-P


[Federal Register Volume 77, Number 25 (Tuesday, February 7, 2012)]
[Notices]
[Page 6152]
[FR Doc No: 2012-2732]

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SECURITIES AND EXCHANGE COMMISSION

Submission for OMB Review; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.

Extension:
    Regulation BTR, OMB Control No. 3235-0579, SEC File No. 270-521.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.) the Securities and Exchange Commission
(``Commission'') has submitted to the Office of Management and Budget a
request for extension of the previously approved collection of
information discussed below.
    Regulation Blackout Trade Restriction (``Regulation BTR'') (17 CFR
245.100-245.104) clarifies the scope and application of Section 306(a)
of the Sarbanes-Oxley Act of 2002 (``Act'') (15 U.S.C. 7244(a)).
Section 306(a)(6) (15 U.S.C.7244(a)(6)) of the Act requires an issuer
to provide timely notice to its directors and executive officers and to
the Commission of the imposition of a blackout period that would
trigger the statutory trading prohibition of Section 306(a)(1) (15
U.S.C. 7244(a)(1)). The information provided under Regulation BTR is
mandatory and is available to the public. Approximately 1,230 issuers
file Regulation BTR notices annually. We estimate that it takes 2 hours
per response for an issuer to draft a notice to directors and executive
officers for a total annual burden of 2,460 hours. The issuer prepares
75% of the 2,460 annual burden hours for a total reporting burden of
(1,230 x 2 hrs x 0.75) 1,845 hours. In addition, we estimate that an
issuer distributes a notice to five directors and executive officers at
an estimated 5 minutes per notice (1,230 blackout period x 5 notices x
5 minutes) for a total reporting burden of 512 hours. The combined
annual reporting burden is (1,845 hours + 512 hours) 2,357 hours.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid control number.
    The public may view the background documentation for this
information collection at the following Web site, www.reginfo.gov.
Comments should be directed to: (i) Desk Officer for the Securities and
Exchange Commission, Office of Information and Regulatory Affairs,
Office of Management and Budget, Room 10102, New Executive Office
Building, Washington, DC 20503, or by sending an email to<EMAIL_ADDRESS>and (ii) Thomas Bayer, Director/Chief Information
Officer, Securities and Exchange Commission, c/o Remi Pavlik-Simon,
6432 General Green Way, Alexandria, VA 22312 or send an email to<EMAIL_ADDRESS>Comments must be submitted to OMB within 30 days of
this notice.

    Dated: February 2, 2012.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-2732 Filed 2-6-12; 8:45 am]
BILLING CODE 8011-01-P